Sexual Miscounduct Policy

Policy Statement

Advantage English School EJ does not tolerate any form of sexual misconduct by students, faculty, guests on campus, residences, as well as off campus events and online spaces.

Discussion of Sexual Violence

 Sexual misconduct is defined in the Sexual Violence and Misconduct Policy Act to include:

(A) SEXUAL ASSAULT.

(B) SEXUAL EXPLOITATION.

(C) SEXUAL HARASSMENT.

(D) STALKING.

(E) INDECENT EXPOSURE.

(F) VOYEURISM.

(G) THE DISTRIBUTION OF A SEXUALLY EXPLICIT PHOTOGRAPH OR VIDEO OF A PERSON to one or more persons other than the person in the photograph or video without the consent of the person in the photograph or video and with the intent to distress the person in the photograph or video.

(H) THE ATTEMPT TO COMMIT AN ACT OF SEXUAL MISCONDUCT.

(I) THE THREAT TO COMMIT AN ACT OF SEXUAL MISCONDUCT.

Statement of Survivor’s Rights

We are committed to ensuring that students and staff are in a safe and secure learning environment at all times. If an incident related to sexual harassment or assault does arise, we are committed to follow up on all reported incidents and making sure that these incidents do not get overlooked and that victims/complainant will be treated with privacy and compassion. If a situation warrants further action or depending on the nature of the complaint, the RCMP or appropriate law enforcement authority may be contacted.

Sexual Violence Response Protocol

Students, staff, visitors (“complainant”) who feel that they have been subjected to Prohibited Conduct outlined above may file a complaint with the school as described below. A complaint should be filed as soon as possible, but no later than one year after the date the alleged discrimination occurred. Timely complaint filing gives the school the best chance to resolve the problem and delay in filing a complaint may severely limit available remediesThe school may extend this time frame for good cause, such as illness, incapacity, or other circumstances beyond a Complainant’s control.

The specific procedures for reporting, investigating, and resolving sexual misconduct are  described below.

1.STEP ONE (Notify a Designated official or Report a Complaint and Estimated Resolution Timelines).

Notify Designated Official. SEO or School Director or other trusted member of school staff, as quickly as possible of violations of this policy. Safety first: The designated official will ensure that the complainant/victim is safe, then followed by ongoing safety. Discussing options for medical treatment/assistance to address injuries, preventative treatment for sexually transmitted diseases and for other health services, and to     preserve evidence. The Designated Official will then provide contact information for qualified on and/or off campus counsellors or other similar victim/survivor support service providers who can offer an immediate confidential response if deemed necessary and will give the claimant an explanation of the investigation process

2. STEP TWO (decide course of action)

The designated official will then discuss options and assist the victim in their next course of action and discuss the possibility of making a criminal report. A designated    institution official can also liaise with and accompany the victim/survivor to the local sexual assault centre, police and/or other justice system partners as appropriate.

**Except in circumstances where there is a serious safety risk to others and/or the institution has a legal obligation to act, the victim/survivor will be the one to determine what, if any, police reporting actions will be pursued.

A Option to File a Criminal Report.

Simultaneous to pursuing resolution through the school, the Complainant may also file a criminal report with the RCMP or the appropriate law enforcement agency for any criminal conduct. The University will not delay its investigation if criminal charges are filed. At the request of law enforcement authorities, however, the school may postpone the internal investigation and proceeding while the authorities gather evidence.

Interim Measures. Once a complaint has been reported and until the resolution of the matter, the Designated Official may take interim measures to ensure safety and non- retaliation for all parties. Examples of interim measures include separation of the parties, no- contact directives, and alternative academic or housing arrangements.

Estimated Timeline for Resolution for complaints. At the initial meeting with the Complainant, the Designated Official will explain the resolution procedures that are identified below. The school strives to complete resolution of complaints within 60 days from when the school has been notified of the grievance. However, during winter breaks and summer sessions, when witnesses may not be available or disciplinary panels cannot be convened, the case is complex, or other comparable situations, the 60-day timeframe may be adjusted to accommodate these circumstances. Where the estimated timeline cannot be adhered to, the Designated Official will notify the parties and provide an anticipated completion date. The 60-day time frame does not include the time needed for the school to process appeals.

B. Option for an Informal Resolution

The institution encourages, but does not require, informal resolution when possible. The Designated Official may elect to bypass the informal procedures because of the severity of the allegation or complexity of the complaint. The goal of informal resolution is to resolve concerns at the earliest stage possible, with the cooperation of all parties involved. Informal resolution may include inquiry into the facts, but typically does not include a formal investigation. These informal efforts may include addressing the Respondent directly; participating in a facilitated meeting with the appropriate school official; or participating in mediation. The informal resolution could include by way of example: separating the parties; referring the parties to counselling; conducting targeted educational and training programs; or providing remedies for the individual harmed by the alleged discrimination. If the matter is resolved informally to the satisfaction of all parties, the Designated Official shall maintain a record of the complaint and its resolution. Informal resolution is not appropriate for complaints of sexual violence.

C. Option for a Formal Resolution

If informal resolution is unsuccessful or not appropriate as determined by the Designated Official, the Complainant, or the Respondent, a formal complaint may be filed with the Designated Official for investigation.

Investigation. Depending on the nature of the allegations, the investigation could include interviews with the Complainant, the Respondent and/or witnesses; review of written documentation and relevant policies; review of evidence; and any other steps necessary to thoroughly investigate the allegations. During the investigation, the Complainant and Respondent will have an equal opportunity to identify witnesses and evidence that the Designated Official (or designee) may consider.

Resolution. At the conclusion of the investigation, the Designated Official will issue simultaneous, written notifications of the outcome of the investigation to the concerned parties, including referral to the appropriate disciplinary procedures. The range of sanctions includes, but is not limited to a written censure, a ban from specific areas of campus, loss of specific privileges, community service, transfer or loss of on-campus housing privileges, disciplinary probation, mandatory training, suspension, dismissal and disciplinary action up to and including termination from employment.

FALSE OR FRIVOLOUS CHARGES

This policy shall not be used to bring false or frivolous charges against students, faculty, or staff. Those bringing such charges may be subject to disciplinary action. Failure to prove a complaint, does not itself constitute a false or frivolous complaint.

CONFIDENTIALITY & THE SCHOOL’S OBLIGATION TO RESPOND TO COMPLAINTS

Advantage English School EJ will maintain the confidentiality of information shared throughout the complaint process. However, disclosures may be required for the purpose of fact-finding or efforts to resolve the complaint. In the limited instances where disclosures must be made by the school but will be limited to those persons necessary to proceed in the fact-finding process or to otherwise address the grievance. All persons involved in the grievance will be advised of the importance of confidentiality throughout the process.

In some cases, Complainants may request that their names be kept confidential and that the school take no action on their discrimination report (“confidential reporting”). The relevant Designated Official will evaluate each request and advise the Complainant that “confidential reporting” will limit the school’s ability to respond fully to the matter, including pursuing disciplinary action against the Respondent. Nevertheless, in most instances, we will honour such confidentiality requests unless to do so would impede its ability to provide a safe and non-discriminatory environment for the school Community.

RECORDS

Records of informal and formal complaints will be maintained by the Designated Official who received and handled the complaint. Complaints against faculty, staff, or students that result in a personnel or disciplinary action will also be a part of the respondent’s personnel or disciplinary record. All records are confidential with access only to individuals with a legitimate need to know. Records of complaints will be kept on file in accordance with the school’s records and policies.

RESOURCES

The following resources will be provided to victims:

Emergency Services        9-1-1

Sea to Sky Regional Police Services: Contact to report sexual assault. After report is made, no obligation to follow through on charges. Whistler RCMP: 604 932-3044 Pemberton RCMP: 604 894-6634 Squamish RCMP: 604 892-6100

RCMP Victim Services: Crisis intervention, reporting options, police/court information, referrals, practical assistance, info re financial compensation. Whistler/Pemberton: 604 905-1969 Squamish: 604 892-6141

Health Care/Emergency Departments: Assessment/treatment, forensic exam discussion and most appropriate place to have the exam done. Whistler: 604 932-4911, Pemberton: 604 894-6939, Squamish General Hospital: 604 892-5211

VGH Emergency Dept. Sexual Assault Services: Comprehensive medical services, forensic exam, counselling, referral by specially trained female doctors/nurses. Go to VGH Emergency at 920 West 10th Ave, Vancouver.

Women Against Violence Against Women Rape Crisis (WAVAW)

Support, advocacy, accompaniment to sexual assault service, third party reports, counselling, 24 hour crisis line. 1-877-392- 7583

VCH Mental Health and Addiction Services: Crisis support, refer- ral, assessment, counselling. Access/urgent response phone line Whistler: 604 698-6455, Pemberton/Mt Currie: 604 698-5861, Squamish: 604 892-6365

Pearls Place Transition House/Safe House and Howe Sound Women’s Center: Safe accommodation for survivors and their children, emotional support, advocacy, resources, referrals, financial info. 24 hr 1-877-890-5711 or 604-892-5711

Howe Sound Women’s Center: 604 892-5748

SSCS Women’s Counselling and Outreach: Counselling/advocacy for women. Whistler/Pemberton: 1-877-894-6106 or 604 894- 6101 Squamish: 1-877-892-2022 or 604 892-5796

SAFE Clinic: Drop in for testing and treatment for STI, pregnancy options, birth control, ECP. Whistler: 604 932-3202 Squamish: 604 892-2293

Whistler Community Services Female Youth Outreach: Emotional support, referrals. Compensation may be available.

604 902-0670

Glossary of Terms:

Acquaintance sexual assault: Acquaintance sexual assault, sometimes called “date rape,” is sexual contact that is forced, manipulated, or coerced by a partner, friend, or acquaintance.

Age of consent for sexual activity: The age of consent is the age at which a person can legally consent to sexual activity. In Canada, children under 12 can never legally consent to sexual acts. Sixteen is the legal age of consent for sexual acts. There are variations on the age of consent for adolescents who are close in age between the ages of 12 and 16. Twelve and 13 year-olds can consent to have sex with other youth who are less than 2 years older than themselves. Youth who are 14 and 15 years old may consent to sexual involvement that is mutual with a person who is less than 5 years older. Youths 16 and 17 years old may legally consent to sexual acts with someone who is not in a position of trust or authority.

Bystander: For the purposes of sexual violence prevention, a bystander is anyone who is neither a victim nor an offender, but who could potentially get involved to make a difference. It refers to anyone who is in a position to intervene before, during or after the act.

Campus climate: A campus climate may be defined as the sum total of all of the personal relationships and social norms within a school. When these relationships are founded in mutual acceptance and inclusion and modeled by all, a culture of respect becomes the norm. A situation that disrupts or negatively affects the culture of respect on campus can be considered to be one that negatively impacts the campus climate.

Consent: Consent is the voluntary agreement to engage in the sexual activity in question.

Cyber harassment/cyber stalking: Often used interchangeably, cyber harassment and cyber stalking are defined as repeated, unsolicited, threatening behaviour by a person or group using cell phone or Internet technology with the intent to bully, harass, and intimidate a victim. The harassment can take place in any electronic environment where communication with others is possible, such as on social networking sites, on message boards, in chat rooms, through text messages, or through email.

Date rape: The term “date rape” is interchangeable with “acquaintance sexual assault”. It is sexual contact that is forced, manipulated, or coerced by a partner, friend or acquaintance.

Disclosure: For the purposes of this document, a disclosure is made to any individual other than the police or other judicial official.

Drug-facilitated sexual assault: Drug-facilitated sexual assault involves the perpetrator making use of alcohol and/or drugs (prescription or non-prescription) to control, overpower or subdue a victim for purposes of sexual assault.

Gender-based violence: Gender-based violence is any form of behaviour—including psychological, physical, and sexual behaviour—that is based on an individual’s gender and is intended to control, humiliate, or harm the individual. This form of violence is generally directed at women and girls. It reflects an attitude or prejudice at the individual or institutional level that aims to subordinate an individual or group on the basis of sex and/or gender identity.

Intersectionality:  Intersectionality is defined by the Ontario Human Rights Commission as “multiple forms of discrimination occurring simultaneously.” An intersectional analysis recognizes that each individual will experience sexual violence differently based on compounding forms of discrimination, such as their gender identity, culture, race, language, disability, Deafness, religion, age, socioeconomic status, sexual orientation, and others. These intersecting identities may leave some groups more vulnerable to sexual violence, and will inform what services a survivor will seek.

LGBTT2SIQQ: Lesbian, gay, bisexual, transgender, transsexual, 2-spirited, intersex, queer and questioning.

Rape: Rape is a term used to describe vaginal, oral or anal intercourse, without consent. Although no longer used in a legal sense in Canada, it is still commonly used and widely understood.

Rape myths: Rape myths complicate society’s understanding of sexual assault. These myths blame or shame the survivor of sexual assault, instead of holding the perpetrator responsible for his actions.

Safety planning: Safety plans typically contain a set of objectives and strategies identified by the victim to help promote ongoing safety and prevent future incidents (for example, how to build a network of supports and crisis contacts, what to do when a class is shared by the perpetrator, what to do about a residence that can be accessed by the perpetrator). These objectives and steps will typically relate to academic, housing, social and recreational life on campus. The plan also includes actions the victim will take in the event of an immediate physical or emotional threat. Safety plans should be reviewed on a regular basis to ensure they are up-to-date.

Sexual assault: Sexual assault is any type of unwanted sexual act done by one person to another that violates the sexual integrity of the victim. Sexual assault is characterized by a broad range of behaviours that involve the use of force, threats, or control towards a person, which makes that person feel uncomfortable, distressed, frightened, threatened, carried out in circumstances in which the person has not freely agreed, consented to, or is incapable of consenting to.

Sexual harassment: Sexual harassment is unwelcome sexual attention directed at an individual by someone whose conduct or comments are, or should reasonably be known to be, offensive, inappropriate, intimidating, hostile, and unwelcome. Sexual harassment often occurs in environments in which sexist or homophobic jokes and materials have been allowed.

Sexual violence: Sexual violence is a broad term that describes any violence, physical or psychological, carried out through sexual means or by targeting sexuality. This violence takes different forms including sexual abuse, sexual assault, rape, incest, childhood sexual abuse and rape during armed conflict. It also includes sexual harassment, stalking, indecent or sexualized exposure, degrading sexual imagery, voyeurism, cyber harassment, human trafficking and sexual exploitation.

Social marketing: Social marketing is an approach that applies marketing principles and techniques to create change for social, environmental and public health problems. The idea is to attempt to influence individuals to act in more socially responsible ways. As such, the social marketing approach seeks to move individuals beyond becoming aware of a problem to actual behaviour change.

Victim blaming: Victim blaming occurs when the victim of a crime or an accident is held responsible — in whole or in part — for the crimes that have been committed against them.

Relevant Legislation

Criminal Code      http://www.laws.justice.gc.ca/eng/acts/C-46/index.html

Bill 23 – 2016: Sexual Violence and Misconduct Policy Act