Sexual Violence and Misconduct Procedures

General

1. VCC acknowledges it can be difficult to talk about Sexual Violence or Misconduct and respects the rights of Survivors to choose whether to Disclose and/or Report an incident of Sexual Violence or Misconduct, but encourages survivors to do one or both to enable the College to provide support.


2. A College Member who has experienced Sexual Violence or Misconduct has the right to:
   
   
   
   1. Be treated with dignity and respect;
   
   
   2. Have their privacy respected and protected, within the reasonable limits of confidentiality;
   
   
   3. Be informed about on and off campus services and resources;
   
   
   4. Access available services and to choose those services felt to be most beneficial;
   
   
   5. Decide whether or not to Disclose, make a Report to VCC, and/or to contact police;
   
   
   6. Have reasonable actions taken to prevent further unwanted contact with the other person(s) involved in the incident;
   
   
   7. Receive clear and transparent information throughout the process;
   
   
   8. Be accompanied by a support person throughout the process.
   
   
   
   


3. College Members who are accused of Sexual Violence or Misconduct have the right to:
   
   
   
   1. Be treated with dignity and respect;
   
   
   2. Have their privacy respected and protected, within the reasonable limits of confidentiality;
   
   
   3. Be informed about on- and off-campus services and resources;
   
   
   4. Access available services and to choose those services felt to be most beneficial;
   
   
   5. Receive clear and transparent information throughout the entire process;
   
   
   6. Be accompanied by a support person throughout the entire process.
   
   
   
   

Immediate Assistance and Options for Survivors

4. The College encourages, but does not require, individuals impacted by Sexual Violence or Misconduct to seek immediate assistance from a medical service provider, the police, VCC's Counselling Services, People Services, the Department of Safety, Security, Risk and Privacy, and/or community resources.


5. In addition to disclosing Sexual Violence or Misconduct to a College Member, Survivors are entitled to choose any one of the following College processes, but may not pursue more than one College option concurrently. Their options include:
   
   
   
   1. Making a Report to the College;
   
   
   2. Filing a grievance under an applicable collective agreement;
   
   
   3. Filing a complaint under Prevention of Harassment, Discrimination, and Bullying Policy 201.
      
       
   
   
   
   

6. Survivors may report their allegations through the criminal justice system by contacting the police. If an individual chooses to do so, VCC's Department of Safety, Security, Risk and Privacy can assist with making a Report. The College will lawfully cooperate with any criminal investigation. The College's investigation process is distinct and separate from the criminal justice system. As such, the College will conduct its own investigation concurrently to law enforcement's investigation at the request of the survivor.

PROCEDURES FOR DISCLOSING AND REPORTING SEXUAL VIOLENCE OR MISCONDUCT

Disclosures and Reports

7. An individual who has experienced Sexual Violence or Misconduct has the option to make a Disclosure or to file a Report. A Disclosure is when a survivor shares information of an incident to a College Member. This does not trigger an investigation, but allows the College Member to provide support and resources to the survivor in confidence. A Report is a formal statement which initiates an investigation by the College into an incident of Sexual Violence or Misconduct.


8. While there is no time limit to an individual Disclosing or Reporting Sexual Violence or Misconduct or accessing support, the College may not have jurisdiction to investigate a Report if the parties involved are no longer affiliated with the College or the lapse of time may make it impossible to investigate.

Disclosing Sexual Violence or Misconduct

9. A Survivor may choose to Disclose an incident of Sexual Violence or Misconduct to any College Member, including but not limited to a Faculty Member, a staff member from Counselling, Disability Services, People Services, Student Services, Campus Security, Indigenous Education and Community Engagement (IECE), or the Students' Union of VCC (SUVCC).


10. A Survivor or a witness may make an anonymous Disclosure through the College's secure and encrypted online reporting system which is accessible in the Appendix to this policy and through the website for VCC's Department of Safety, Security, Risk and Privacy.


11. A Survivor of Sexual Violence or Misconduct usually makes a Disclosure when they need emotional support from a person they trust. It is not the role of the person who receives the Disclosure to initiate an investigation or implement any accommodations. If College Members receive a Disclosure of Sexual Violence or Misconduct, they should:
    
    
    
    1. focus on listening, giving support, and connecting the Survivor with resources to meet their immediate needs (e.g. connecting the Survivor with VCC Counselling if they have been given clear and express consent to do so);
    
    
    2. recognize that experiencing and Disclosing Sexual Violence or Misconduct can be traumatic and the ability to recall the events may be impaired;
    
    
    3. advise Survivors of the Policy and these Procedures, including the additional resource options referenced in Appendix A;
    
    
    4. respect the Survivor's right to choose the services they feel are most appropriate and to decide whether to Report to the College and/or contact police; and
    
    
    5. except as provided in paragraph 12 below, not disclose information to others or report the incident to the police or VCC Safety, Security, Risk and Privacy without the express consent of the Survivor.
    
    
    
    


12. To the greatest extent possible, VCC will respect a Survivor's choice not to make a Report and will keep the Disclosure confidential. Information will be shared with the College strictly on a ‘need-to-know' basis. The Survivor's wishes and confidentiality will be prioritized. However, in certain circumstances, VCC may be permitted or required to disclose information it receives, including but not limited to, when:
    
    
    
    1. A person is judged to be at imminent risk of self-harm or of harming another College Member;
    
    
    2. There is judged to be an imminent risk of harm to the College community and/or the broader community through continued Sexual Violence or Misconduct;
    
    
    3. Disclosure is otherwise required by law, including but not limited to when:
       
       
       
       1. the disclosure involves sexual harassment in the workplace and is required under the BC Workers' Compensation Act; or
       
       
       2. a person under 19 years of age is endangered.
       
       
       
       
    
    
    4. Evidence of Sexual Violence or Misconduct is available in the public domain (e.g., videos/images shared publicly).
    
    
    
    


13. In the circumstances described above, VCC may do one or both of the following:
    
    
    
    1. Initiate an investigation in which case the individual who Disclosed may choose not to participate in the investigation; and or
    
    
    2. Notify third parties, such as the police, WorkSafeBC, or child protection authorities.
    
    
    
    


14. College Members who receive a Disclosure should provide a compassionate, respectful, and reassuring response to a Survivor who chooses to Disclose. The most important thing to do for the Survivor is to be there in a supportive capacity. College Members who require support about how to respond to a Disclosure may consult with the Department of Safety, Security, Risk and Privacy. The Survivor's confidentiality and privacy must be maintained and no identifying features should be disclosed during this consultation.

Reporting Sexual Violence or Misconduct

15. Anyone who experiences or witnesses Sexual Violence or Misconduct may Report it to the College, law enforcement, or both.


16. An anonymous Report, or a Report made by a witness to Sexual Violence or Misconduct, must follow these Reporting procedures. These Reports will be included in the College's records and will inform campus safety efforts. The College may be unable to conduct an investigation if the Survivor does not wish to participate in the process.

VCC Internal Report and Investigation

17. College Members who wish to make a Report of Sexual Violence or Misconduct must contact the Department of Safety, Security, Risk and Privacy. Reports can be made in person, through phone or email, or through the College's secure and encrypted online reporting system.


18. Survivors may request assistance from a support person in Reporting Sexual Violence or Misconduct. Individuals may elect the support person of their choice, regardless of whether they have a relationship with the College and so long as this role does not place the support person in a conflict of interest.


19. The College will respond promptly to all Reports of Sexual Violence or Misconduct made under this policy. The College aims to acknowledge the receipt of a Report the same day a Report is made, and no later than one business day after the Report is made. Any investigation resulting from a Report will be conducted in as timely a manner as possible.


20. The Department of Safety, Security, Risk and Privacy will respond to a filed Report of Sexual Violence or Misconduct by:
    
    
    
    1. Conducting an initial review of the allegation, in collaboration with People Services if required, to determine whether the incident falls within the scope of the Policy, and if so, to coordinate and oversee any internal investigation. If the allegation does not fall within the scope of this Policy, the Department of Safety, Security, Risk and Privacy may refer the Complainant to a more relevant policy and/or Collective Agreement process for their complaint;
    
    
    2. If applicable, and with the consent of the Survivor, overseeing and coordinating any investigation with law enforcement;
    
    
    3. If necessary, conducting a risk assessment; and
    
    
    4. As necessary, ensuring appropriate Interim Measures are taken and Accommodations are put in place.
    
    
    
    

Interim Measures and Accommodations

21. Where appropriate to do so, the College may put Interim Measures and/or Accommodations into place pending the disposition of the complaint. All such measures are to be non-punitive in nature. Where the complaint involves employees of the College, any Accommodations or Interim Measures will be in accordance with the relevant Collective Agreement.


22. Interim Measures and Accommodations seek to protect the safety of all parties involved and to protect the integrity of the investigation process. The need for Interim Measures will be determined on a case-by-case basis by the appropriate College authority taking into account the nature of the allegations and the circumstances of each situation.


23. The provision of Accommodations and/or use of Interim Measures in no way determine the Respondent's culpability. Any Interim Measures implemented will be designed to have the least disruptive impact on the Respondent.


24. If the Survivor chooses not to file a Report, the College may, if requested by the Survivor, put Accommodations in place that support their peace and wellbeing. No interim measures shall be placed on the Person Accused without a formal Report.


25. Interim Measures may include:
    
    
    
    1. Alteration of the academic schedule of any Student involved in the Report;
    
    
    2. A No-Contact requirement;
    
    
    3. Restricting a Respondent's access to some College facilities;
    
    
    4. Temporary, non-disciplinary leave of a Respondent;
    
    
    5. Involuntary withdrawal; and
    
    
    6. Any other Interim Measures as may be determined by the College.
    
    
    
    


26. Accommodations may include:
    
    
    
    1. Alteration of the academic schedule of any Student involved in the Report;
    
    
    2. Academic or workplace accommodations;
    
    
    3. Assignment extensions;
    
    
    4. Withdrawal from courses without penalty;
    
    
    5. Offering distance learning where possible;
    
    
    6. Any other Accommodations as may be determined by the College.
    
    
    
    


27. When the incident involves police or other internal or external investigations, Interim Measures may remain in effect until all relevant investigations are concluded.

Internal Investigation Procedures

28. All College investigations will uphold the principles of Procedural Fairness and Natural Justice, and protect the rights of both the Survivor and the Person Accused/Respondent. Any determinations are based on a Balance of Probabilities.


29. If the Person Accused/Respondent is a Student, the investigator will be a delegate of the Associate Vice President, Student and Enrollment Services (AVP). The investigator is usually a member of the Department of Safety, Security, Risk and Privacy.


30. If the Person Accused/Respondent is a College employee or Board member, the investigator will be a delegate of the Vice President, People Services. At their discretion, People Services may elect to use an external investigator.


31. An investigation of a Report will commence as soon as reasonably possible following receipt of a Report.


32. The Survivor and the Person Accused may have an advisor, advocate, union representative, or support person present during the investigation process. A support person's role is to provide emotional support. A support person, other than an advocate, may not act instead of a Complainant, Respondent, or witness. Information must come directly from the Complainant, Respondent, or witness.


33. Indigenous students are encouraged to access the IECE department for support during an investigation or incorporate Indigenous practices into the investigation process, including but not limited to: elder blessings, smudging ceremonies, or practices specific to their Nation that bring peace and understanding.


34. The Investigator will determine an appropriate process for the investigation, which may include reviewing relevant documents, obtaining written submissions, or meeting with the Survivor and the Respondent and any witnesses deemed to be relevant by the Investigator.


35. In the course of the investigation, the Person Accused/Respondent will be provided details of the accusation(s) made against them including the name of the Survivor, all relevant information, data, and evidence regarding the complaint and will be given an opportunity to respond in full. The Person Accused will be referred to relevant College resources to assist them in responding to the Report. 


36. At no time during the investigation or any appeal process will the Survivor be required to be present at the same time and place as the Person Accused/Respondent. 


37. The investigator will prepare a confidential report that will be provided to the Associate Vice President, Student and Enrollment Services (if the Survivor or Person Accused/Respondent is a Student), the Vice President, People Services (if the Survivor or Person Accused/Respondent is an Employee), or the Board Chair (if the Survivor or Person Accused/Respondent is a Board Member or the VCC President), and will normally include the following:
    
    
    
    1. Findings of fact;
    
    
    2. An initial finding as to whether, on a Balance of Probabilities, Sexual Violence or Misconduct has occurred;
    
    
    3. Where applicable, an initial finding as to whether the complaint is frivolous or vexatious;
    
    
    4. Recommendations including any remedial steps to assist in better ensuring a work and learning environment free from Sexual Violence or Misconduct; and
    
    
    5. Recommendations regarding responsive action, including disciplinary measures if any.
    
    
    
    


38. The relevant Vice President or Associate Vice President will make a determination based on the investigator's report and the Balance of Probabilities as to whether or not Sexual Violence or Misconduct has occurred. If the complaint is substantiated the College may impose sanctions that are both disciplinary and/or non-disciplinary in nature and which provide a safe environment for the Survivor and College community at large, taking into account relevant policies and procedures and Collective Agreement requirements including:
    
    
    
    1. Conditions on the exercise of any College privilege;
    
    
    2. Immediate suspension of any College privilege;
    
    
    3. Taking the necessary action to remove the Respondent from campus; and
    
    
    4. Taking any other action deemed appropriate in the circumstances, up to and including termination of employment, suspension or expulsion.
    
    
    
    


39. If the complaint is not substantiated any Interim Measures will be lifted and the Respondent will be returned to full status. This does not preclude the Respondent being further investigated and/or sanctioned upon the introduction of new information or evidence. The Survivor may still access support services through the College.


40. The relevant Vice President or Associate Vice President will inform the Survivor and Person Accused/Respondent in writing of the outcome of the investigation with detail and rationale, up to what is permitted under individuals' privacy and confidentiality rights. The written decision will outline next steps and identify relevant actors attached to the next steps.

Responsive or Disciplinary Measures

41. Where the Respondent is a Student and is determined to have violated the Policy, responsive or disciplinary measures will be implemented by the Student Conduct and Judicial Affairs Officer in accordance with the Student Non-Academic Conduct Policy and Procedures.


42. Where the Respondent is a College employee and is determined to have violated the Policy, responsive or disciplinary measures will be in accordance with the applicable terms and conditions of their employment or Collective Agreement.


43. Failure to abide by the imposed sanctions is considered to be a further violation of the Policy. Breach of sanctions may lead to the imposition of new or escalated sanctions up to and including suspension and expulsion, or termination, or measures as outlined in applicable Collective Agreements.

Right to Withdraw a Report

44. At any time in the process, the Survivor has the right to withdraw the Report without consequences to their College status and activities. However, the College may continue to act on the incident identified in the Report to comply with its legal obligations to prevent continuing harm or the endangerment of people under 19 years of age. In the event that the College is required by law to report the incident of Sexual Violence or Misconduct to legal authorities or outside governing bodies, the Survivor will be advised of this requirement.


45. A Survivor who withdraws a Report may still access the College's support services and any Accommodations put in place.


46. A Survivor may decide at any time to make amendments to their initial Report before a final decision has been made.

Appeals

47. A Respondent may appeal the imposition of a Responsive or Disciplinary Measure from the College.


48. Grounds for an appeal are limited to the following:
    
    
    
    1. The investigation lacked procedural fairness; or
    
    
    2. There is relevant new information that was not available at the time the investigation took place and the decision was made and that may have influenced the outcome.
    
    
    
    


49. Where the Respondent is a Student, appeals to Disciplinary Measures must follow the appeal process outlined in the Student Non-Academic Conduct Policy and Procedures.


50. Where the Respondent is a College employee any disciplinary action taken as a result of Sexual Violence or Misconduct may be subject to grievance under the relevant Collective Agreement, or, where the College Member is not covered by a Collective Agreement, appealed to the President. Any decision by the President respecting an appeal under the Policy and these Procedures will be final.

Retaliations

51. The College will not tolerate any retaliation, directly or indirectly, or threats of retaliation against anyone who Discloses or Reports, or who participates in a process that responds to a Report. Members of the College community who are found to have engaged in such conduct will be subject to sanctions and/or discipline, up to and including Student suspension from the College or termination of employment.


52. No individual shall be penalized in any way for making a Disclosure or Report, or giving evidence in an investigation regarding a claim of Sexual Violence or Misconduct, unless the claim proves to be made in bad faith or is frivolous or vexatious.

Records, Confidentiality, and Privacy

53. The Department of Safety, Security, Risk and Privacy will maintain case records and confidential files of all reported incidents except for those involving employees.


54. People Services will maintain case records and confidential files of all reported incidents involving employees.


55. All records and correspondence pertaining to the investigation will be maintained in accordance with the College's Records Management Policy and Procedures.


56. The privacy of all College Members involved in any complaint of Sexual Violence or Misconduct will be protected to the furthest extent possible and in accordance with the Freedom of Information and Protection of Privacy Act.