Sexual Violence Prevention & Response Procedural

1. Procedures for responding to disclosures, reports, or complaints of sexual violence

1.1 Disclosing or reporting sexual violence

A. Emergency situations requiring immediate assistance:

1. Call 911
2. Contact Campus Safety & Security Department:
   • Phone: (514) 744-7575
   • White intercoms throughout campus
   • In person: Security Desk, Main Entrance, F Wing
3. Call 811 (Info-Santé) for information on where to go for evidence collection and medical care

B. Non-emergency situations or follow-up to emergency situations on or off campus:

1. Contact the appropriate One-Stop Service representative:
   • Students: Office of the SSO-SVPR or via email at svprstudents@vaniercollege.qc.ca
   • Employees: Office of the Respectful Workplace Advisor or via email at respectworks@vaniercollege.qc.ca

In either an emergency or non-emergency situation, where appropriate, and with the survivor’s/victim’s consent, the One-Stop Service representative will contact the appropriate members of Vanier’s Sexual Violence Response Team (SVRT) to notify them of the situation in order to ensure the safety, follow-up, and support to those affected by an incident of sexual violence.

Any member of the College community who has experienced or witnessed sexual violence can disclose, report, or file a complaint pertaining to the incident through the One-Stop Service.

1.1.1 Confidentiality and communication during reporting or complaint processes of information necessary to ensure a person’s security or provision of services

Confidentiality is a vital principle in creating a safe, trustworthy and supportive environment for those who have experienced sexual violence. The privacy and confidentiality of all members of the Vanier community involved in any disclosure, report, or complaint will be protected by the SVRT, unless obligated by law or professional duty to breach confidentiality to convey information to appropriate authorities in situations where:

• An individual may be at serious and imminent risk of self-harm;
• An individual may be at serious and imminent risk of harming another;
• There is reason to believe that other members of the broader community may be at serious and imminent risk of harm;
• Evidence of sexual violence is made available in the public realm (i.e. video shared publicly on social media);
• There is suspected abuse of a minor (under the age of 18 as defined by the Youth Protection Act, Article 38);
• The College’s records are subpoenaed.

When possible and without further jeopardizing anyone’s safety, every effort will be made to do so alongside the person whose confidentiality is being breached. This information will only be provided to the relevant authorities or directly to those whose safety is being protected.

Unless confidentiality has been breached, the information provided to the SVRT may be conveyed only to the person or persons concerned and to those who may assist them with expressed permission through a Consent to Release Information form. Thus, confidential and personal information may only be disclosed to an individual, including the complainant, if it concerns them personally or impacts their safety.

Confidentiality also extends to an alleged perpetrator, respondent, or witnesses to a complaint. During the processing of a report or complaint, the complainant must be informed of the outcome of a process and of details regarding any follow-up measures and/or penalties imposed on the respondent. Such information will be communicated verbally and in writing by those responsible for reviewing and investigating the report or complaint, with the assistance of the One-Stop Service and any advocates or representatives of the complainant. Such information will be communicated in accordance with the Act respecting Access to documents held by public bodies and the Protection of personal information.

Members of professional orders must respect their code of ethics.

1.2 Disclosure and reporting procedure

Individuals who experience or witness sexual violence may not want to file a complaint under this policy or may request that the College not investigate, but may still disclose or report their experience to a person that they trust. If the person receiving the disclosure or report is a member of the College community, they will act in a manner pursuant to their roles and responsibilities as stipulated in Section 4.1 of the Sexual Violence Prevention & Response Policy, and refer the survivor/victim and/or witness to the One-Stop Service.

A survivor/victim or witness can disclose or report information to the One-Stop Service at any time. The College is committed to responding to any disclosure or report within 7 days.

The full range of support and services outlined herein would remain available to the person disclosing or reporting regardless of whether or not a complaint is filed. To the greatest extent possible, the College would respect the individual’s choice not to proceed with a complaint and investigation.

However, the One-Stop Service representative has a responsibility to disclose the complainant’s identity in cases where there is a serious or imminent risk of harm. However, the College may not be able to fulfill the individual’s wishes and the College may initiate an investigation if there is reason to believe that the survivor/victim, a member of the College community, or the broader community may be at risk of harm, or if the College has a legal obligation to investigate. In such cases, the survivor/victim has the right not to participate in such an investigation.

When receiving a disclosure or report, the One-Stop Service:

1. Welcomes and listens to the individual making the disclosure or report, accepting their account of events without question;
2. Consults with the survivor/victim or witness and assesses the situation, and in consultation with the relevant service(s), recommends possible interventions. This recommendation can take many forms, including:
   1. Reception, referral, psychosocial and support services: Referral, accompaniment, and transmission of information to the survivor/victim or witness:
      1. Specialized sexual violence psychosocial and support work services
      2. Medicolegal: hospital or medical accompaniment or assisted referral
      3. Legal: filing a police report
      4. Referrals: provides information on filing for financial compensation for crime victims, on how to terminate a lease, and/or on support in navigating legal processes
   2. Accommodation measures: Implementation of accommodation measures may include:
      1. Academic: postponing an examination, dropping a course, or transferring to a different course section without penalty
      2. Workplace: modifying job duties, environmental conditions or schedule
      3. Safety planning: measures to limit the contact between the victim/survivor and the perpetrator or respondent
   3. Consultation: Discussion of options and information
   4. Intervention in the environment:
      1. Raising-awareness
      2. Providing support groups
      3. Education, professional development, training or workshops
      4. Other interventions in the work, study, or stage/internship environment
   5. Alternative corrective measures:
      1. Facilitated discussions or mutual agreements between the complainant and respondent
      2. Restorative measures
   6. Filing an administrative complaint or report at the College:
      1. Students: the SSO-SVPR assists the complainant in completing the form and forwards it to the College administration
      2. Employees: the Respectful Workplace Advisor assists the complainant in completing the form and forwards it to the College administration

The appropriate intervention may include one or more of the measures described above, and these measures can be modified as needed. After receiving consent to release information, the One-Stop Service representative recommends the measures deemed most appropriate to the appropriate party.

The College is committed to implementing intervention measures, once identified, as soon as possible, within 7 days.

The survivor/victim may put an end to the process at any time unless there is a risk of harm to them or to the College community.

The One-Stop Service representative will follow up with the survivor/victim or witness to ensure that the situation has been resolved. At any time following a disclosure or a report, if interventions are unsatisfactory to the survivor/victim or witness, they can proceed with a College complaint seeking official recognition of the sexual violence and possible sanctions to the respondent via the One-Stop Service.

1.3 College administrative complaint procedure

Individuals who experience sexual violence may not want to report the incident through the criminal justice system but may choose to file an internal administrative complaint or report with Vanier College under this policy. Unless contested by the survivor/victim, a witness may also file an internal complaint or report.

Different avenues for privacy may impact the options available to the College in navigating complaint processes. Survivors/victims or witnesses have a right to not be involved in complaint processes but may still want to provide the College with information in efforts to protect other members of the community. The College administration will act on all information it receives to take reasonable steps to maintain a safe and healthy work and learning environment.

The College complaint procedure follows the procedure as outlined in the preceding section (Section 1.2, Disclosure and Reporting Procedure – f. Filing an administrative complaint at the College). Processes and options pertaining to intervention measures remain the same. A complaint, however, generally initiates an investigation with the intention that the College administratively responds to the incident of sexual violence and that sanctions are imposed on the perpetrator or respondent to the complaint.

An administrative complaint process may be initiated in one of three ways:

1. A survivor/victim initiates an administrative complaint process.
2. The survivor/victim initiates an anonymous administrative complaint process. The survivor/victim may opt to remain anonymous and have their name withheld from the respondent and/or the College during the complaint process. When presenting this option, it must be clearly explained to the survivor/victim that this choice may severely limit the actions that can be taken by the College to address the situation.
3. The College initiates an administrative complaint process:
   1. The College may initiate an administrative complaint process based on information or reports received, in an effort to proactively and preventively ensure a safe and healthy work and learning environment.
   2. In College-initiated complaint processes, the College administration itself is the complainant on behalf of the health and safety of the community.

Person filing a complaint, report or providing information requests their identity be:

*Please note: Despite best efforts to maintain an individual’s confidentiality during complaint processes, it is possible that respondents may make assumptions around the source of the complaint without the College breaching confidentiality. The College endeavours to protect these individual’s confidentiality and be transparent around possible risks throughout the complaint process. 

The administrative complaint process is commenced upon receipt of the report or complaint by the Lead Investigator.

In the event that the respondent is a student, the responsibility of Lead Investigator is assumed by the Director of Students Services or that person’s delegate.

In the event that the respondent is a manager, the Academic Dean, the Director General or a member of the Board of Directors, the investigator will be selected by an external resource chosen by the Director General (or by the Chair of the Board if the Director General is part of the complaint) from an approved list that is monitored by the Respectful Learning and Workplace Environment Advisory Committee (see Vanier’s Harassment and Discrimination, Prevention and Resolution Procedures). For all other cases, the responsibility of lead investigator falls to the Director of Human Resource Services or that person’s delegate.

1.3.1 Protections Against Reprisal

Vanier is committed to taking proactive steps to protect any member of the community who acts to stop sexually violent behaviour.

Reprisal can take a number of forms including academic, professional, financial, or defamation. It can take place at any time, not only following a report or complaint being filed.

An assessment for protective measures to address vulnerability to reprisal is provided as a first step in the complaint process. The implementation of these measures may be included as a part of interim measures included in the summary of the complaint provided to the respondent. Acts of reprisal by the respondent during the complaint process will not be tolerated and will result in sanctions.

These protections may include:

• Grades or Performance Review by non-implicated parties
• Limiting contact between the survivor/victim, witnesses and the respondent

1.4 Investigations

When an investigation is required, the complaint or report will be forwarded by the One-Stop Service representative to the appropriate individual responsible for conducting the investigation. The Lead investigator(s) will then review the information and communicate with the respondent to initiate the next steps. In this process, complainants and respondents will be informed of their right to meet with the person(s) leading the investigation, as well as of their right to be accompanied by an advocate.

The investigation of complaints against a student will be handled by the Code of Conduct Office, in accordance with Vanier’s Code of Conduct Policy. The investigation of complaints against an employee will be handled by the Director of Human Resources Services, who will chair an investigation committee and designate two managers, who were not involved in the incident(s) leading to the complaint or report, to help investigate the facts of the case.

The investigation of complaints against a Manager, a College Administrator, the Director General or a member of the Board of Directors will be handled by an external investigator, chosen by the Director General, (or by the Chairman of the Board of Directors, if the Director General is part of the complaint or report) from an approved list established by the Respectful Learning and Workplace Environment Advisory Committee.

The duration of the investigation should not exceed ninety (90) calendar days and within that time a decision should be rendered and communicated to the parties involved in the complaint. In the event that more time is needed in order to complete the investigation, an explanation detailing the reasons for the delays will be included in the final report.

Upon completing the investigation, the investigator will write a confidential report detailing the nature of the investigation, whether or not there is enough evidence to conclude that a violation of the policy had occurred and possible resolutions of the situation and one or more courses of action. The report will be forwarded to the office of the Director General (or to the Chairman of the Board of Directors if the Director General is part of the complaint) and the Director of Human Resources Services.

Should the complaint be upheld, appropriate sanctions and measures will be taken by the Director of Human Resources Services, in consultation with senior management, and in conformity with the appropriate provisions of the applicable collective agreement/management agreement and/or applicable College policy to address the situation.

The conclusion of the report will be communicated verbally and in writing to the complainant(s) and respondent(s). The manager(s) and union/association(s) involved may also be notified, with consent of the complainant(s) and/or respondent(s). In the event where disciplinary action is involved, the respondent employees’ manager(s) and union/association(s) must be notified.

Complainant(s) and respondent(s) will each be informed of the appropriate follow up information concerning the outcome of the investigation, remedies, and/or changes in work and disciplinary action. Such details will be communicated in accordance with each individual’s rights under the Act respecting Access to documents held by public bodies and the Protection of personal information.

The Director General will provide a summary of the outcome report to the Respectful Learning and Workplace Environment Advisor for recordkeeping purposes and may request their assistance in implementing any follow-up recommendations as appropriate. The matter will then be considered closed by the College, unless there is a request for an appeal.

1.5 Appeal Process

The appeal process for complaints against a student will be handled in accordance with Vanier’s Code of Conduct Policy.

A complainant or respondent may appeal in writing to the Director General (or to the Chairman of the Board of Directors, if the Director General is part of the complaint) within ten (10) working days of receiving the decision and must include the specific reasons justifying the appeal.

Appeals must be based only on substantive issues, such as conflict of interest, bias against a party or failure to respect the procedures. A successful appeal may result in a change in the sanctions or measures taken, or a new investigation of the complaint administered by a different external investigator than the one who conducted the initial investigation.

Accompaniment of the survivor/victim

Following the transfer of the dossier to the Lead investigator, the role of the representative of the One-Stop Service changes depending upon the category of the complainant. In the case of a student survivor/victim, the SSO-SVPR will advocate on behalf of the student and provide support and guidance to the complainant as needed. In the case of employees, the Respectful Workplace Advisor will continue to provide support and guidance to the employee as needed, but the role of advocate is an exclusive right and obligation of the employee’s union or association representative. The complainant or survivor/victim may put an end to the process at any time. The Investigation Team will render a decision in light of the investigation report. The persons concerned will be informed that a decision has been made.

Rights and Obligations of the Respondent

While this policy is primarily survivor/victim based, the College recognises that the respondent has rights as well and until a decision is reached as to the validity of the allegations against them, no disciplinary or corrective measures are to be taken against them. That said, in order to secure the environment, the College may, if deemed appropriate, choose to apply interim measures. When this decision involves the temporary removal of the respondent from the environment, in the case of an employee, the administrative suspension would be with pay, and in the case of a student, reasonable accommodations will be applied.

The respondent must be notified and informed that an administrative report or complaint is filed initiating an investigation. In this eventuality, the respondent will be contacted by the Lead investigator(s), provided with a summary of the report or complaint, and given an opportunity to respond to the allegations.

Respondents are entitled to information about the process, support, and referral to appropriate services. Students should contact the Student Advocate. Employees should contact their Union representative.

1.6 Criminal Reporting Option

Disclosing, reporting, or filing complaints of sexual violence do not replace avenues of recourse via the police and criminal justice system. Individuals who wish to pursue such avenues of criminal justice should advise the One-Stop Service of their intentions to do so. In such cases, the College will also initiate an internal investigation to ensure that the survivor/victim and other members of the College Community are not at risk of harm.

In Quebec, in criminal matters, the age of consent for sexual activity is 16 years old. It is 18 years old in cases where there is a relationship of trust and authority, dependency, or exploitation.

1.7 Notes on Procedures

In order to ensure that effective measures are put in place for the benefit of those who need them, the College stresses the importance of notifying the One-Stop Service. In some cases, a person outside the college (police officer, social worker, trusted person not working at the college) may transmit pertinent information to the One-Stop Service. The One-Stop Service is committed to working with external stakeholders only if the individual providing the information gives his or her consent, or if one or more members of the College Community are at risk of harm.

Following the evaluations of disclosures and reports or investigations of complaints, the Social Service Officer -SVPR and the Respectful Workplace Advisor will make recommendations to the SVPR Standing Committee in order to improve upon our policy and procedures. To protect the privacy and identity of the survivor/victim, only anonymous information will be transmitted for the purposes of these recommendations.

Should a survivor/victim and/or witness be unsatisfied with the handling of a disclosure, report, or complaint or feel re-victimized in the process, a complaint can be filed to the Office of the Director of Student Services, Director of Human Resource Services or the Director General.

2. Monitoring of this procedural document

While a procedure can be reviewed at any time, Vanier College will review this Procedural Document every year for the first 3 years, following its adoption and afterward, every 5 years.

Annex I: Code of Conduct Related to Intimate Relationships

A consensual relationship is one in which two people are engaged by mutual consent in an emotionally (romantic) and/or physically (sexually) intimate relationship.

When there is an unequal power relationship between two individuals, it can make consent to a relationship or an act problematic or impossible to ascertain and increase the risk of sexual violence occurring.

Examples of unequal power relationships at the College include but are not limited to:

• teacher/student
• administrator/employee
• coach/athlete
• supervisor/supervisee
• an officer of the institution and a member of the student community
• a lecturer, research assistant or a teaching assistant and a student in the same department
• a security services employee and a member of the student community

The Declaration of Intimate Relationships Involving a Student

The College maintains that intimate relationships that occur between anyone at the College who holds influence over the progress of a student’s studies and a student are in contradiction to the mission of the institution and as such both employees and students are to abstain from such relationships.

If an intimate relationship exists prior to the student’s admission to the College or prior to the employee’s hiring by the College, a statement to this effect must be completed by the employee and signed by both parties and submitted to the Director of Human Resource Services, as soon as is possible.

If an intimate relationship develops during a teaching or helping relationship or a relationship of trust or authority, the employee or the person in authority must, as soon as possible, complete a statement to this effect, in order to ensure against an actual or perceived conflict of interest and/or abuse of power. The protocols for this process are outlined in the ANNEX of this Document.

Students/Employees Under 18

It is illegal to engage in a romantic and/or sexual relationship with a student who is under 18 years of age when you hold a position of trust and authority, as do all employees of the College.

Students Over 18

All college employees are considered to hold a position of authority over students and consequently must act to avoid any situations that might constitute an abuse of power or trust.

It is the employee’s responsibility to decline any sort of sexual advances made by a student and to explain to the student that this is inappropriate behaviour.

Relationships between employees and students present particularly high risks for breaches of consent, sexual violence, abuse of power and conflict of interest (favoritism and bias) which undermine the real or perceived integrity of the evaluation and supervision.

Relationships Between Employees

Romantic and/or sexual relationships between employees may have unintended adverse effects on the climate of the workplace — both during such a relationship and after. When the status of the relationship changes, the conduct that was previously welcome may become unwelcome, leading to potential grounds for a charge based upon subsequent unwelcome conduct.

When one party to such a relationship is also in a position to evaluate the work or influence the career of the other, there is a significant potential risk for undue access or advantage, restriction of opportunities, or simply a perception of these problems, which may lead to grounds for complaint by third parties. Even when a relationship ends, there may be a bias (even if unintentional) for or against the former partner, or there could be an ongoing impression of such bias by others.

If two employees of the College are or were to become involved in a romantic or sexual relationship, the employee who holds the more senior position between the two must immediately declare the relationship to Human Resource Services.

Note: Intimate relationships between employees where no hierarchical relationship exists are subject to this policy but exempt from making a declaration to the Director of Human Resource Services. They must however conduct themselves in such a way as to avoid both real and perceived instances of conflict of interest.

Failure to submit a declaration of an intimate relationship as stipulated herein will be taken seriously by the College and result in appropriate corrective measures.

There is no risk of punishment or expectations for students to declare these relationships, although they are always welcome to reach out for support when navigating them.

Management of Conflict of Interest

The declaration of an intimate relationship remains confidential but the College will take steps to proactively avoid a conflict of interest. Human Resource Services, alongside the employee’s manager and/or the Academic Sector as needed, will provide support in mitigating any conflict of interest by creating healthy and ethical boundaries. This may include but is not limited to:

• assigning another stage or workplace supervisor to the person concerned;
• transferring the person to another course section or department;
• assigning the marking of examinations, assignments, or performance review etc. to someone else.

Breaches of Consent or Abuses of Power in Declared Relationships

Should a situation of sexual violence or an abuse of power arise in the declared relationship, those impacted by them will have the same options available to them as with other acts of sexual violence committed under the Sexual Violence Prevention and Response Policy.