This outline is a guide to Mount Allison University’s Sexual Violence Prevention and Response Policy and Procedures. These procedures may also be followed in cases of intimate partner violence (abuse), homophobia and transphobia.

All SHARE services are client-centered and complainant-driven.

No action will be taken without the consent and participation of the complainant unless there is an assessment of imminent risk to (a) student(s) or to the Mount Allison community.

Another member of the University community may accompany you during any proceedings.

Every case, like every individual involved, is unique. The following steps suggest a typical procedure.

CONFIDENTIAL ADVICE
All SHARE services are confidential and no information will be shared outside the office without written permission from the client.

As per the Sexual Violence Prevention and Response Procedural Information, 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. 

INTAKE
A meeting with the SHARE advisor during which the policy is explained and options for action are discussed. At this meeting the SHARE advisor may make referrals for counselling or other support upon request. Another member of the University community may accompany you during any proceedings.

OPTIONS FOR ACTION
Action may include referrals for counselling or other support upon request. Any one or more of the following approaches may be explored with the SHARE advisor:

  • POLICE: If the complaint falls under the Criminal Code, a report to police is recommended; and/or. 
  • HUMAN RIGHTS: If the complaint falls under the Human Rights Act, a report to the NB Human Rights Commission is recommended; and/or
  • UNIVERSITY OPTIONS: If the complaint falls under the Mount Allison Sexual Violence Prevention and Response Policy and Procedures, then the process following a disclosure may take the form of an informal resolution with the assistance of the SHARE advisor and/or Human Resources or a formal complaint, in the form of a written letter; and/or
  • OTHER SUPPORTS: Parties to the complaint may seek counselling and other supports from Mount Allison University services or in the community.   

INFORMAL OPTIONS
An informal procedure and resolution may be carried out within the SHARE advisor’s office. Informal procedures may include, but not be limited to, one or more of the following:

  • referral to support, support group, counselling and/or medical care as appropriate for recovery
  • education and/or referral to counselling for emotional care to learn skills to cope with a situation 
  • education and/or referral to counselling to understand, avoid or change behaviour which could amount to misconduct
  • education for small or large groups or departments on issues related to the policies
  • coaching on effective communication strategies
  • informal “shuttle mediation” (outcomes are not binding) where the SHARE advisor conveys information back and forth — without a face-to-face meeting — between the parties
  • informal resolution meeting facilitated by the SHARE advisor
  • peer mediation in residence (the SHARE advisor can be present upon request)

Note: No form of mediation or informal resolution is offered in cases of sexual violence, other violence, criminal activity or sexual assault except where this is done in concert with other action through the police. 

FORMAL WRITTEN COMPLAINT
If the complainant chooses to take a formal approach, or if the matter cannot be resolved informally, then the SHARE advisor can provide advice and/or support towards preparing a formal written complaint (letter or form). A formal complaint may result in an investigation by a trained internal investigator or an external, third party with expertise in sexual violence complaints.

INVESTIGATION
The investigator will collect and assess the facts. The investigation will involve but will not necessarily be limited to interviews with both the complainant and respondent, interviews with any witnesses and documentation of the evidence gathered.

FINAL REPORT 
Upon conclusion of the investigation, a report will be prepared by the investigator, which may include recommendations for resolution of the complaint. The report will be presented to the SHARE advisor and will subsequently be submitted to either the director of student affairs (in student cases), and/or to the dean/director and the human resources consultant (when an employee is involved.)

Normally, the investigation and report will be concluded within 30 working days of the appointment of an investigator.

DETERMINATION OF DISCIPLINARY ACTION
The director of student affairs and the dean/director will act upon the findings and recommendation of the report in accordance with the Code of Student Conduct and relevant University policies and collective agreements, as applicable.

DISCIPLINARY ACTION
Within 10 working days after receiving an investigator’s report, the SHARE advisor, in consultation with the director of student affairs (in student cases) or the dean/director in consultation with Human Resources (in employee cases) shall decide, when sexual violence is found to have occurred, what corrective action consistent with any University regulation or applicable collective agreement is warranted.

Within 20 working days of submission of the report to the SHARE advisor, except in extenuating circumstances, the complainant and respondent shall both be provided, in confidence, a copy of the report. The complainant and the respondent shall be informed in writing of the decision taken and the action taken.

RESOLUTION
Student 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   

For 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

APPEALS
The decision may be appealed by either party to the relevant vice-president responsible for the administration of the policy.