Sexual Violence Prevention and  Response Procedural Information

A. Roles and Responsibilities
B. Rights
C. Overview of Resources

A. Roles and Responsibilities

Members of the University Community
Members of the University community are encouraged to take the role of active bystander by:

  • speaking up if they believe an offense is taking place
  • intervening if they deem it safe or appropriate to do so
  • calling for help (police, SHARE line, safe@mta.ca, Campus Security)
  • reporting incidents of sexual violence to the SHARE Advisor


Supervisors  

  • Participate in education and training programs where appropriate especially those designed for “first responders”
  • Refer survivors to SHARE for support
  • Encourage students to participate in programs and education related to sexual violence


President’s Office

  • Maintain and communicate an ongoing commitment to seriously address the issue of sexual violence at Mount Allison University
  • Maintain a President’s Advisory Committee on Gender and Women’s Issues


Vice-President International and Student Affairs

  • Provide an organizational home for the SHARE Advisor to provide a support, advocacy, and education service to all members of the University community
  • Work in partnership with the Vice-President Finance and Administration on the interpretation and application of the sexual violence prevention and response policy


Provost and Vice-President Academic

  • Ensure appropriate supports are in place for survivors who are academic staff of the institution, liaising with Human Resources regarding available programs that will assist survivors
  • Work with deans, department heads, directors and Human Resources to support workplace accommodations in response to incidents of sexual violence at Mount Allison University
  • To support the SHARE Advisor in the case that academic accommodations are required related to procedures under this policy

 
Vice-President Finance and Administration

  • Ensure appropriate supports are in place for survivors who are employees, liaising with Human Resources regarding available programs that will assist survivors
  • Work with Facilities Management and Human Resources to support workplace accommodations in response to incidents of sexual violence at Mount Allison University


Human Resources

  • Work in partnership with the vice-presidents on the interpretation and application of this policy
  • Ensure that appropriate supports are in place for survivors who are employees of the institution through Human Resources programs and the Employee Assistance Program (EAP)
  • Support workplace accommodations required in response to incidents of sexual violence at Mount Allison University


Facilities Management and Security

  • Work with the SHARE Advisor to determine and implement safety plans
  • Enforce no contact orders
  • Apply any other bans, restrictions, or sanctions as appropriate
  • Assist the SHARE Advisor with risk assessment
  • Refer students to the SHARE Advisor as needed
  • Deliver notifications and subpoenas/summons to meetings, hearings, etc., related to a complaint


Student Life Office

  • Ensure that the appropriate supports are in place for survivors who are students through the many units within Student Affairs including Health and Wellness Services, Academic Supports, Counselling, Residence Life, etc.
  • Work in concert with Wellness, Sexual Assault Response Team (SART), the SHARE Advisor and Housing/Residence Life to ensure safety for all students
  • Follow up on disposition of an investigated complaint and corrective action

Faculty and Academic Departments

  • Co-operate to the extent possible with students or their advocates as they attempt to seek academic accommodation after incidents of sexual violence


SHARE Advisor

  • Administer the policy and procedures for sexual violence prevention and response
  • Support survivors to determine the best course of action, if any, for them by explaining the processes of University and criminal justice systems
  • Help the survivor to develop a personal safety plan and assist, as necessary, with relocation with respect to residence, classes, etc.
  • Facilitate academic accommodations if required
  • Develop and implement, with on- and off-campus partners, an awareness, prevention, education, and training strategy
  • Co-ordinate a Sexual Assault Response (SART) team on campus. This team is comprised of members of the University community who have received training with respect to sexual violence and who are in a position to consider and work to meet the specific needs of the survivor in a given case. Members of a SART Team may include, but are not limited to: the SHARE Advisor, Director of Student Life, Nurse Educator, Counsellors, Security, Housing, academic support specialists and, where appropriate, peer support advocates and community supports.
  • Work with police and campus security to provide appropriate supports and services such as safety planning
  • Assist those who choose to report to police
  • Offer referrals and accompaniment upon request to community supports such as Public Safety Victim Services, shelters, Sexual Assault Nurse Examiner (SANE), or other medical assistance


B. Rights

A person who discloses or reports has the right to:


a) have confidentiality protected;

b) be taken seriously;

c) be treated with sensitivity and compassion;

d) be treated with dignity and respect;

e) feel safe, including having necessary actions such as a safety plan and/or no contact directives in place to avoid further unexpected contact with the respondent;

f) be accompanied by another member of the University community, of their own choosing, during any proceedings related to this policy or a complaint;

g) be informed about on- and off-campus services and to choose whether or not to access those services;

h) make an informed decision whether to disclose or report an incident to SHARE, Campus Security, other University services, local services, or police;

i) have reasonable and necessary actions taken to prevent further contact with the accused;

j) have the complaint and any references to the complaint excluded from any personal file or public report unless the complaint was frivolous or vexatious;

k) be kept informed of the status of any proceedings under this policy;

l) receive the results of any investigation in writing.
 

A person accused has the right to:

a) receive a copy of any complaint without undue delay;

b) reply to any complaint under this policy before any decision is reached;

c) be accompanied by another member of the University community, of their own choosing, during any proceedings related to this policy or a complaint;

d) be informed about on- and off-campus services and to choose those services which they feel will be most beneficial;

e) be kept informed of the status of any proceedings under this policy;

f) receive the results of any investigation in writing;

g) have included in a personal file only information related to a suspension or expulsion for an offense under this policy.

In the case of a student, normally a personal file is maintained in the office of the Director of Student Life and/or the SHARE Advisor for a period of five years. A personal file maintained by the Office of the Registrar would only have information placed in it concerning the matter dealt with under this policy if the student were suspended or expelled from the University.

C.  Overview of Resources
 
Note: Any member of the university community may seek any of the following resources with or without the support of the SHARE Advisor. The SHARE Advisor is available to accompany students to community resources upon request.

a) Emergency and Safety Resources

  • Police – call 911
  • Public Safety Victim Services
  • Shelters — Autumn House, Crossroads for Women
  • Fredericton Sexual Assault Centre helpline
  • SHARE
    • 24-hour confidential helpline
    • Help determining a course of action
    • Support attending any emergency services
     
  • Beauséjour Family Resource Centre
  • CHIMO
  • Coalition Against Abuse in Relationships
  • Campus Security


b) Medical Resources

  • Emergency 911
  • Sackville Memorial Hospital (physical injuries only, no rape kits, no drug testing)
  • SANE — Sexual Assault Nurse Examiner Program, The Moncton Hospital — comprehensive evidence collection, drug testing, prophylactic medication, etc.
  • Follow up Health Services in the Student Wellness Centre (liaison with SANE, pregnancy testing, STI testing referrals, advice)
  • Guardian Drug Store: prophylactic birth control (emergency or “morning after” contraception)


c) Ongoing Support Services

  • The SHARE Advisor works with, and advocates for, survivors at any stage of the disclosure and ongoing support process. All services are confidential.
  • Sexual Assault Response Team
  • Counselling and psychological services through or associated with the Wellness Centre
  • Survivor Support Group
  • Employee Assistance Program


d) Legal

  • Police
  • Lawyer
  • Human Rights Commission

Disclosure and Reporting Procedures After Sexual Violence

Safety

  • Ensure the safety of the individual
  • If there is imminent danger call 911

If a sexual violence has occurred within 72 hours:

  • Call 911 for emergency police or medical assistance
  • Call the SHARE 24-hour helpline at 540-7427
  • Immediate medical attention may be required

Emergency medical assistance is available by calling 911, reporting to Sackville Memorial Hospital, or reporting to the Sexual Assault Nurse Examiner (SANE) at The Moncton Hospital (medical care, evidence collection and storage, access to police if requested). The morning after birth control pill (Plan B) is available at Guardian Drugstore. SHARE can provide taxi transportation and accompaniment to SANE.
 
Disclosure

Students:
Disclose to the SHARE Advisor    

Employees: Disclose to SHARE Advisor and/or Human Resources

Intake

Students:
Meet with the SHARE Advisor    
 
Employees: Meet with the Human Resources Consultant with or without SHARE Advisor present and/or with referral to the SHARE Advisor

All disclosures are confidential (except in the case where imminent harm to other member(s) of the campus or greater community is a concern) and no action will be taken without the full consent of the survivor.

The SHARE Advisor provides detailed procedural information for any process, formal or informal, within the University or from community service providers. (Ex. Informal options, process for reporting to police, SANE, or making a formal complaint.)


Referrals

Students

SHARE Advisor liaises with:

  • Wellness Centre professionals for counselling and medical attention and/or follow up after SANE
  • Faculty, tutors, learning centres and the Registrar’s Office to determine appropriate academic accommodations
  • Director of Student Life regarding any housing accommodations such as bans, restrictions, relocations
  • Security to ensure safety through interventions such as restrictions, supervision, escorts, and bans on campus
  • Direct supervisor in cases when a student employee is accused  

Employees

  • Referral to the Employee Assistance Program (EAP) and unions for support during the process
  • Referral to community supports below
  • Permission to involve the direct supervisor and/or union representative in accordance with relevant collective agreements
  • Work with the complainant and Security to determine a safety plan on campus


Use of community resources is recommended and a list of resources (on SHARE website) is provided such as:

  • Police: to pursue criminal charges under the Criminal Code of Canada
  • Human Rights Commission in cases of human rights violations
  • Public Safety Services for counselling, support, and advice related to reporting to police
  • Other community services such as shelters, crisis lines, sexual assault centre


NOTE: individuals may pursue avenues through community resources concurrent with University procedures. The process/investigation would be referred to community resources and the University will take action in cases when off-campus behaviour has implications that will or may adversely impact a University community member on campus from a safety/security perspective.

SHARE will accompany students to hospital (SANE), police and other community resources upon request. Faculty and staff are encouraged to identify a support person when accessing community resources; SHARE Advisor or Human Resources Consultant may be available for support upon request.

Informal Resolutions

Students:
Consider informal resolutions such as education, community service, communication strategies, no contact agreements    

Employees: Consider informal resolution such as education, mediation, letters of apology, other in accordance with union guidelines

Formal Written Report

Upon written request, an investigation may be undertaken by a trained member of the University community or by an external third party with expertise in investigating sexual violence complaint reports.

Final Report

A final report is prepared outlining a balance of probabilities based on preponderance of evidence. The final report may include recommendations for the resolution of the complaint.

Students: Final report submitted to Director of Student Life    

Employees: Final report submitted to Human Resources Consultant and Dean/Director responsible

Outcomes

Students

Respondents to complaints of sexual violence may be subject to the following outcomes and / or consequences including but not limited to any one or more of:

  • Education
  • Community Service
  • Written warning or letter of reprimand
  • Change of work or class assignment
  • Ban from being in same classroom as survivor
  • Direction of "no contact" with the survivor
  • A campus-wide or selected ban from campus-related activities
  • Mandatory education sessions with the SHARE Advisor
  • Restriction of student participation in non-academic programs
  • Restrictions/relocation and/or removal from residence
  • Suspension, probation, or expulsion    


Employees
Outcomes must be determined in conjunction with any existing human resources disciplinary procedures and/or collective agreements and may include, but not be limited to:

  • Written warning or letter of reprimand
  • Change of job or class assignment
  • Restriction of access to complainant’s work area
  • Direction of "no contact" with the survivor
  • Suspension, probation, or termination in conjunction with existing disciplinary procedures and/or collective agreements

Corrective Action

Students: Following investigation, the Director of Student Life will determine corrective action.

Employees: Following investigation, the Dean/Director in consultation with Human Resources will determine corrective action consistent with University regulation or applicable collective agreement.

Right to Appeal

Students: The decision may be appealed to the Vice-President International and Student Affairs.

Employees: The decision may be appealed to the Vice-President Finance and Administration.

Acknowledgements

Mount Allison wishes to acknowledge the following, whose related expertise, policies, and procedures provided background and a foundation in best practices that assisted us in formatting our procedures:
 
Fredericton Sexual Assault Centre: http://www.fsacc.ca 

Saint Thomas University. (September 2015).  Policy on Sexual Violence http://w3.stu.ca/stu/currentstudents/documents/PolicyonSexualViolence.pdf 

Saint Mary’s University. (2015). Sexual Assault Policy and Procedures (August 2015) http://www.smu.ca/webfiles/SexualAssaultPolicyandProcedures.pdf 

Ontario Women’s Directorate. (2013). Developing a Response to Sexual Violence: A Resource Guide For Ontario’s Colleges and Universities

Human Rights Act of New Brunswick. Human Rights Act, RSNB 2011, c 171 At http://laws.gnb.ca/en/ShowPdf/cs/2011-c.171.pdf