| |
| Policy
#: |
1004 |
| Subject: |
Policies
and Procedures with Respect to Sexual Assault |
| Group: |
Institutional |
| Approved
by: |
The
Board of Regents |
| Approval
date: |
October
21, 1994 |
| Effective
date: |
October
21, 1994 |
| Revised: |
|
| Administered
by: |
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| CONTENTS |
PART
1 - OBJECTIVE AND APPLICATION OF THIS DOCUMENT
PART 2 - DEFINITIONS
PART 3 - GENERAL STATEMENTS
PART 4 - EDUCATION
PART 5 - COUNSELLING OPPORTUNITIES
PART 6 - CHANGES IN THE ENVIRONMENT
PART 7 - PROCEDURES FOR DEALING WITH COMPLAINTS
PART 8 - EMERGENCY PROCEDURES
PART 9 - DELAYS IN INTERNAL JUDICIAL PROCEDURES
PART 10 - CONFIDENTIALITY OF INFORMATION
PART 11 - PENALTIES |
|
| |
| PART
1 - GENERAL |
| OBJECTIVE |
| This
document is intended to assist in the development and maintenance of a safe
and healthy environment at Mount Allison University, free of sexual assault;
and to provide guidance to members of the community so that incidents of
assault are dealt with quickly, effectively and fairly. |
| |
| APPLICATION |
| This
document applies to all members of the University community who are alleged
to have committed a sexual assault on University property, or off University
property where, in the case of a student, the assault would be a violation
of the Code of Discipline or, in the case of an employee, the assault would
give the University cause to impose discipline. |
|
| |
| PART
2 - DEFINITIONS |
| |
| SEXUAL
ASSAULT |
Sexual
assault means to engage in or to attempt to engage in sexually related
activity with another person without that person's consent, whether or
not force is used. Sexual assault includes touching another person in
a manner which has sexual connotations. |
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| SEXUAL
HARASSMENT ADVISOR |
| The
Sexual Harassment Advisor is the person appointed by the University to carry
out responsibilities pursuant to this policy and the University's Policies
and Procedures with Respect to Sexual Harassment. |
|
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| PART
3 - GENERAL STATEMENTS |
| |
| SEXUAL
ASSAULT WILL NOT BE TOLERATED |
| Sexual
assault will not be tolerated at Mount Allison University. |
| |
| SEXUAL
ASSAULT IS A CRIMINAL MATTER |
| Sexual
assault is a criminal offence and the University will encourage any member
of the community who alleges he or she has been sexually assaulted to make
a complaint to the police. |
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| SEXUAL
ASSAULT IS A CIVIL MATTER |
| Sexual
assault is a civil wrong, and the person who alleges he or she as been assaulted
may be entitled to recover damages or other remedies through the courts. |
| |
| SEXUAL
ASSAULT IS A UNIVERSITY OFFENCE |
Sexual
assault is a University offence, and Mount Allison may discipline a member
of the community for a sexual assault covered by this policy whether the
person assaulted makes a complaint or not.
Any member
of the University community who alleges a student assaulted him or her
may charge the student before the University Judicial Committee. |
| |
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| SEXUAL
ASSAULT IS SEXUAL HARASSMENT |
| Sexual
assault is a form of sexual harassment and the document entitled Policies
and Procedures with Respect to Sexual Harassment applies to all instance
of sexual assault covered by this document. Therefore, a member of the University
community who has been sexually assaulted may make a complaint under the
Policies and Procedures with Respect to Sexual Harassment. |
| |
| |
| SEXUAL
ASSAULT IS SEXUAL DISCRIMINATION |
| Sexual
assault is a form of sexual discrimination, and in some cases a person who
has been sexually assaulted will be able to make a complaint under the Human
Rights Code. |
| |
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| SEX
WITH A PERSON UNABLE TO CONSENT |
| It
is a sexual assault to have sex with a person unable to consent for any
reason including being incapacitated because of the use of alcohol. |
|
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| PART
4 - EDUCATION |
| It
is the responsibility of the Sexual Harassment Advisor to promote among
members of the University community an awareness and understanding of and
a sensitivity to the issue of sexual assault. |
|
| |
| PART
5 - COUNSELLING OPPORTUNITIES |
| It
is the responsibility of the Sexual Harassment Advisor to advise members
of the University community who allege they have been sexually assaulted
by another member of the University community of counselling resources available
to them on or off campus, and to assist them in finding counselling. |
|
| |
| PART
6 - CHANGES IN THE ENVIRONMENT |
| It
is the responsibility of the Sexual Harassment Advisor to advise members
of the University community who allege they have been sexually assaulted
by another member of the University community of the possibility that their
living, academic and work environments may be altered while any complaint
of sexual assault is being processed. |
|
| |
| PART
7 - PROCEDURES FOR DEALING WITH COMPLAINTS |
A
person who alleges that he or she has been sexually assaulted may make
a complaint with the police or other external authority whether or not
the procedures available for dealing with the allegation within the University
are used.
A person
who alleges that he or she has been sexually assaulted may discuss the
allegation in confidence with the Sexual Harassment Advisor.
A person
who alleges that he or she has been sexually assaulted by a student may
charge the student before the University Judicial Committee whether or
not the matter has been discussed with the Sexual Harassment advisor.
A person
who alleges that he or she has been sexually assaulted by a member of
the University community may make a written complaint under the Policies
and Procedures with Respect to Sexual Harassment, and the complaint
will be dealt with in accordance with that policy. |
|
| |
| PART
8 - EMERGENCY PROCEDURES |
| In
some cases of sexual assault, emergency procedures will have to be followed.
This part offers guidance in the handling of such cases. |
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| LOOK
AFTER THE NEEDS OF THE PERSON WHO HAS BEEN ASSAULTED |
| In
any such case of sexual assault, the first person to come in contact with
the person who has been sexually assaulted should look after the needs of
that person as a first priority. |
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| OBTAIN
MEDICAL ASSISTANCE & ENSURE PRIVACY |
| Those
dealing with a person who has been sexually assaulted should take steps
to limit as much as possible further trauma for that person by obtaining
necessary medical attention as quickly as possible and by limiting the number
of people who come into contact with him or her. |
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| REPORT
THE INCIDENT |
As
soon as he or she is able to do so, the first person to come into contact
with the person who has been sexually assaulted should report the incident.
In the case
of a student who has been sexually assaulted, the incident should be reported
to the Dean of Students or to the Don of the residence involved who in
turn will report the incident to the Dean.
In other
cases the incident should be reported to Vice-President (Academic).
Once contacted,
the Dean of Students or the Vice-President (Academic) will immediately
assume responsibility for handling the situation, although they may assign
someone else to deal directly with the person who has been sexually assaulted.
In most cases,
the person dealing directly with the person who has been sexually assaulted
should be the same sex as the person who has been sexually assaulted. |
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| BE
SUPPORTIVE |
| The
person dealing directly with the person who has been sexually assaulted
should be supportive, and should not pressure that person to take any particular
steps. |
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| BE
HELPFUL |
| If
requested to do so, the person dealing directly with the person who has
been sexually assaulted should contact his or her family or friends or the
police. |
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| MAKE
NOTES |
| Whether
or not the police are called, all those involved should document their involvement,
the names of witnesses, the date, the time, and all other circumstances. |
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| SEXUAL
HARASSMENT ADVISOR |
| The
Sexual Harassment Advisor should be contacted by the Dean of Students or
by the Vice-President (Academic). The responsibilities of the Sexual Harassment
Advisor, as outlined in this document and in the document dealing with sexual
harassment, may be met by the Sexual Harassment Advisor acting through the
Vice-President (Academic), the Dean of Students or the person appointed
to deal with the person who has been sexually assaulted. |
|
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| PART
9 - DELAYS IN INTERNAL JUDICIAL PROCEDURES |
| If
the hearing of a charge against a student before the University Judicial
Committee is delayed for any reason because of conflict with the processing
of a criminal charge, the University Judicial Committee can impose reasonable
restrictions on the student in the interim |
|
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| PART
10 - CONFIDENTIALITY OF INFORMATION |
| Sexual
assault is a form of sexual harassment. Therefore, the rules concerning
the confidentiality of information set out in Part 10 of the University's
Policies and Procedures with Respect to Sexual Harassment
apply in cases of sexual assault. |
|
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| PART
11 - PENALTIES |
| Sexual
assault is a serious offence and the penalty for a sexual assault may be
expulsion from the University or termination of employment. |
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