PART
1 - GENERAL
PART 2 - DEFINITIONS
PART 3 - POLICY STATEMENTS
PART 4 - RIGHTS OF COMPLAINANTS AND RESPONDENTS
PART 5 - RESPONSIBILITIES
PART 6 - PROCEDURES FOR HANDLING COMPLAINTS
PART 7 - OFFENCES
PART 8 - PENALTIES
PART 9 - APPEALS
PART 10 - CONFIDENTIALITY OF INFORMATION
| a. | in a case where an employee's conduct may amount to sexual harassment, the University Librarian, the Associate Dean, or the director, manager or senior administrator to whom the employee reports, |
| b. | in a case where a student's conduct may amount to sexual harassment, the Vice-President (Academic) or delegate, or |
| c. | in a case when the conduct of one of the persons mentioned in a) above is alleged to amount to sexual harassment, when for any reason the administrative officer who would normally handle the case is replaced for that case, or when the case is not covered by a) or b) above, a person appointed by the President to deal with an allegation of sexual harassment. |
| a. | vexatious conduct of a sexual nature that is directed at a member of the University community and is known or reasonably ought to be known to be unwelcome by that member, |
| or | |
| b. | conduct which is known or reasonably ought to be known to be offensive to members of the University community because of their sex or sexual orientation and which creates an environment which impairs the full and equal participation in the affairs of the University community of persons of the same sex or sexual orientation. |
Any decision under this policy about whether conduct creates an environment which impairs the full and equal participation in the affairs of the University community of persons of the same sex or sexual orientation must take into account that Mount Allison is a community which respects diversity, respects the responsible exercise of academic freedom and respects freedom of thought and expression.
Conduct which amounts to sexual harassment may be physical or verbal in nature. It may involve one incident, or it may involve a series of incidents when a single incident would not be sexual harassment.
Examples of conduct which may amount to sexual harassment include among other things remarks or gestures with sexual connotations, inappropriate sexual advances, sexually offensive material, unwelcome questions or comments about a person's sex life or sexual orientation, assaults, unwelcome flirtations or solicitation of sexual activity by promise of reward or threat of punishment. It may be committed by a male against a female, by a female against a male, or by a person against another person of the same sex.
The prohibition against sexual harassment is not intended in any way to limit the freedom of individuals to decide for themselves the nature of their consensual relationships and social interactions. However, the existence of a consensual relationship does not mean that there might never be a case of sexual harassment by one of the parties to such a relationship against the other. Neither does it mean that the conduct of the parties to such a relationship might never amount to the sexual harassment of a third party as when, for example, the consensual conduct of two persons may be sufficiently offensive to a third party to fall within the above definition of sexual harassment.
The Sexual Harassment Advisor is the employee appointed by the University to carry out responsibilities which are listed in Part 5 below.
| a. | to have his or her complaint handled pursuant to this policy, |
| b. | to be accompanied by another member of the University community of his or her own choosing during any proceedings related to his or her complaint, |
| c. | to have his or her complaint and any references to the complaint excluded from any personal file unless the complaint was frivolous or vexatious, |
| d. | to be kept informed of the status of any proceedings under this policy, and |
| e. | to receive the results of the investigation in writing. |
| a. | to receive a copy of a complaint without undue delay, |
| b. | to reply to any complaint made against him or her under this policy before any decision adverse to the respondent's interest is reached on the complaint, |
| c. | to be accompanied by another member of the University community of his or her own choosing during any proceedings related to the complaint, |
| d. | to have the complaint, and any references to the complaint, excluded from any personal file unless he or she is found to have committed an offence under this policy, |
| e. | to be kept informed of the status of any proceedings under this policy, and |
| f. | to receive the results of the investigation in writing. |
In the case of a student, normally there is only one personal file and that is located in the Registrar's Office and contains the student's academic record. That file would only have information placed in it concerning a matter dealt with under this policy if the student were suspended or expelled from the University.
Whenever he or she has reason to believe there has been an incident of sexual harassment, it is the responsibility of the administrative officer with authority to inform the Sexual Harassment Advisor of the incident and whenever it is feasible to do so to discuss the matter with the Sexual Harassment Advisor before acting.
Unless the case is in the hands of a mediator or has been settled by a mediator to the satisfaction of the administrative officer with authority, and whether a complaint has been made or not, it is the responsibility of the administrative officer with authority to investigate any case where he or she has reasonable grounds to believe sexual harassment may have taken place, to take appropriate corrective action where the investigation reveals that sexual harassment did take place, to inform complainants and respondents in writing of the results of an investigation and to keep in a separate case file a written record of each case including the steps taken to deal with each case.
If a complainant and a respondent share the same work space, academic space or University residence space, or if one reports to the other, it is the responsibility of the administrative officer with authority to remove the complainant and respondent from one another in appropriate cases while the complaint is being processed. In order to encourage complaints from those who believe they have been sexually harassed, and not as an indication that a decision has been made on the merits of any complaint, normally it will be the respondent and not the complainant who will be moved. One factor which will be taken into account by the administrative officer with authority in these cases is that any decision to remove the complainant and the respondent from one another may cause the existence of the complaint to become known to those who would otherwise not know about it.
In an academic community, as in any community, people who believe they have been unjustly treated are encouraged to make their disapproval known to the persons responsible for the treatment which they believe to be unjust. Therefore, people who believe they have been sexually harassed are encouraged, where it is appropriate to do so and in a reasonable way, to make their
disapproval known to the persons responsible for the conduct which they believe to be harassment.
Where they have reason to believe the incident constituted sexual harassment, staff who supervise employees are responsible for reporting an incident involving those they supervise to the appropriate administrative officer with authority.
Where they have reason to believe the incident constituted sexual harassment, professors, residence dons, security officers, coaches and others who deal with students as part of their duties to the University are responsible for reporting an incident involving their students to the Dean of Students who in turn will report it to the Vice-President Academic.
All members of the University community are responsible for discouraging other members of the University community from engaging in conduct which constitutes sexual harassment, for encouraging those who are sexually harassed to deal with the sexual harassment personally in appropriate cases after seeking the advice of the Sexual Harassment Advisor, for encouraging those who are sexually harassed to make a complaint under the policy if that is necessary to deal with the sexual harassment, and for coming forward as witnesses in any case where they know first hand of sexual harassment.
| a. | promote among members of the University community an awareness and understanding of and a sensitivity to the issue of sexual harassment and in particular conduct an education session each year for incoming students, |
| b. | receive inquiries and complaints relating to sexual harassment, |
| c. | advise, orally and in writing, those who allege they have been sexually harassed of counselling resources available to them on or off campus, and assist them in finding counselling, |
| d. | advise, orally and in writing, those who allege they have been sexually harassed of options available to them for dealing with their complaints, including in appropriate cases the options of direct communication with the person whose behaviour is objectionable, mediation, discipline, grievance, human rights complaint, civil action or criminal action, |
| e. | advise, orally and in writing, those who allege they have been sexually harassed of the possibility that their residence, academic and work environments may be altered while their complaints are handled, |
| f. | offer, orally and in writing, to assist any member of the University community to report to the police any allegation of sexual harassment which may amount to a criminal offence, and require written confirmation if such person does not want the matter reported to the police, |
| g. | inform respondents and complainants, orally and in writing, that while the mediator will not release any information given to him or her in confidence, some external authorities such as courts of law might have the authority to require the release of that information, |
| h. | provide advice and assistance concerning the application of this document to complainants and to respondents, |
| i. | advise administrative officers with authority in the investigation of complaints of sexual harassment, and |
| j. | keep complainants and respondents informed regularly and in writing of the status of any proceedings under this policy. |
THOSE WHO BELIEVE THEY HAVE BEEN SEXUALLY HARASSED
Where it is appropriate to do so, those who believe they have been sexually harassed should make their disapproval known to the persons responsible for the conduct about which they object. Sometimes, such action will end the objectionable conduct. Sometimes, an expression of disapproval is necessary before conduct is known to be unwelcome or offensive.
Those who believe they have been sexually harassed should seek assistance from their supervisors, the Dean of Students, or the Sexual Harassment Advisor.
The following procedures do not apply if an administrative officer with authority is investigating an incident or sexual harassment in the absence of a complaint, if the person responsible for the possible sexual harassment is not a member of the University community, or if the person sexually harassed is not a member of the University community. In such cases, an investigation will be conducted and corrective action taken where it is appropriate to do so and by whatever means are appropriate in the circumstances.
Normally, the University will not discipline a member of the University community twice for the same incident or incidents. Therefore, if a complaint is made under this policy in respect of an incident or incidents for which the respondent has already been disciplined, appropriate action under number 4 below in this part normally would not include further discipline.
If an administrative officer with authority is in the process of investigating a possible incident of sexual harassment when a complaint is made under this part, normally the administrative officer with authority will take no further action until one party decides not to consent to the appointment of a mediator or until the mediation process described below is completed.
A member of the University community who feels that another person's conduct constitutes sexual harassment has many options for dealing with the matter including the following options:
- a direct
approach to the other person with or without procedural suggestions
from the Sexual Harassment Advisor,
- mediation
under this policy,
- after
mediation has been offered pursuant to this policy, an investigation
by the Administrative Officer with Authority,
- a charge
brought directly before the University Judicial Committee when it is
believed that a student's conduct constitutes sexual harassment,
- a grievance
when an employee who is covered by a collective agreement believes he
or she has been harassed,
- a human
rights complaint,
- a civil
action, or
- a complaint to the police.
Those who feel they have been sexually harassed are encouraged to discuss the matter in confidence with the Sexual Harassment Advisor and can do so before making any written statement on the matter.
However, before the following steps are taken, the person who alleges he or she has been sexually harassed by another member of the University community shall submit his or her complaint in writing to the Sexual Harassment Advisor.
| 1. | The Sexual Harassment Advisor shall without undue delay give a copy of the complaint to the respondent, to the administrative officer with authority and, when both the complainant and respondent are students, to the Dean of Students. |
| 2. | The possibility of mediation will be presented to both the complainant and the respondent. If both the complainant and the respondent consent to mediation, a mediator will be appointed. If both the complainant and the respondent are students, the mediator shall be chosen jointly by the respondent and the complainant from a list of mediators selected jointly by the Sexual Harassment Advisor and the Dean of Students. In other cases the Sexual Harassment Advisor shall appoint a mediator acceptable to both parties. |
| 3. | If either party does not wish to have the matter mediated, or if the mediation process does not settle the matter to the satisfaction of the parties and of the administrative officer with authority, the administrative officer with authority shall carry out an investigation. |
| 4. | At the conclusion of the investigation, the administrative officer with authority shall either dismiss the complaint or take appropriate action. In the case of an employee, appropriate action would normally include a determination that sexual harassment took place and discipline of the respondent. In the case of a student, appropriate action would normally include a determination that there is sufficient evidence to merit a charge before the University Judicial Committee. |
TIME LIMIT
It is an offence under this policy for a member of the University community to sexually harass another member of the University community.
The Sexual Harassment Advisor, administrative officers with authority, mediators, the University Judicial Committee, and those handling appeals will ensure that all information contained in case files is kept confidential except
| 1. | when information must be released to the respondent to give him or her the opportunity to respond to a complaint, |
| 2. | when the information must be released for the purposes of dealing with an alleged commission of an offence under this policy, although no information given to a mediator by a complainant or respondent in confidence will be used for any such purpose, |
| 3. | when information is placed in a complainant's or respondent's personal file to support or record disciplinary action taken against him or her in respect of sexual harassment or, in the case of the respondent, to record the details of a settlement where the respondent admits responsibility for sexual harassment, although it should be noted by students that this would happen to their academic files only if the disciplinary action taken against them were a suspension or dismissal from the University because of the commission of an offence under this policy, or |
| 4. | when information must be released by requirement of law. |
All case files will be turned over to the Sexual Harassment Advisor when they are no longer required by administrative officers with authority, mediators, the University Judicial Committee or those handling appeals. The Sexual Harassment Advisor will not give access to any of these files to any person except with the authority of the President or a Vice-President.
Case files will be destroyed five years after the most recent activity in relation to the file. However, records concerning the numbers and types of cases and the resolution of cases can be kept after five years provided these records to not contain personal identifiers.
December 5, 2005