Sexual Violence/Misconduct

Introduction

The University of Regina is committed to creating a safe and healthy working and learning environment that is free from sexual violence/misconduct. This includes offering prevention programming to the campus community regarding sexual violence/misconduct and consent, mitigating the risk of incidents of sexual violence/misconduct, and providing a fair response to disclosures and reports.

This document sets out the University of Regina’s policy on, and response protocol for, allegations of sexual violence/misconduct. Sexual violence/misconduct is the omnibus term used in this policy which includes sexual assault, sexual harassment*, stalking, indecent or sexualized exposure, public masturbation, voyeurism, technology-facilitated sexual violence/harassment; and distribution of an intimate image of a person without their consent.

This policy applies to any person under the University’s direction or who has a relationship with the University and who subjects a student, employee or any other member of the University community to sexual violence/misconduct in the context of a University matter, whether the sexual violence/misconduct is alleged to have occurred on or off University property. This includes: (i) students; (ii) employees (faculty, staff, and student employees); (iii) persons who teach and conduct research at the University; (iv) members of the Senate, Board of Governors or other committees of the University; (v) visitors, guests, coaches, clients, customers, suppliers, and volunteers; and (vi) contractors, subcontractors and/or their employees and any persons under contract to the University.

This policy is the framework for detailed procedures (see Sexual Violence/Misconduct Policy Procedures) designed to provide any person who has a relationship with the University processes and options for disclosure and reporting (including initial assessment, alternate resolution, investigation, adjudication, and appeals).

* If a sexual harassment allegation is made against an employee, the Respectful University Policy and the procedures thereunder will apply. All other sexual harassment allegations will be subject to this policy.

Policy

All members of the University community have the right to work, teach, research, study and otherwise participate in activities connected to the University in an environment that is free from any form of sexual violence/misconduct, and the University expects all members of the University community to abide by this policy in connection with all University matters.

Sexual violence/misconduct can occur between individuals regardless of sexual orientation, gender, gender identity and/or relationship status. Individuals who have been subject to sexual violence/misconduct may experience mental, physical, academic and/or other difficulties. Although sexual violence/misconduct impacts all members of society, sexual violence/misconduct and its consequences may disproportionately affect members of social groups who experience intersecting forms of systemic discrimination or barriers (on grounds, for example, of gender, sexual orientation, gender identity and expression, race, age, religion, Indigenous identity, ethnicity, disability or class).

The University is committed to:

• providing prevention and awareness programming for the purpose of educating faculty, staff and students;
• offering appropriate education, training and processes for responding to the disclosure of sexual violence/misconduct, including explaining how persons subject to sexual violence/misconduct can seek support, providing resources for survivors, and providing advice and resources for those to whom survivors have made a disclosure;
• providing information to the University community about sexual violence/misconduct on campus through the coordinated collection and reporting of data; and
• contributing to and promoting a culture of consent and caring among all members of the University community;

(b) ensuring that its prevention and response efforts and supports take an anti-oppressive and trauma-informed approach so that all University community members can access these supports and services;

(c) recognizing that those who have been subjected to sexual violence/misconduct need to be supported, empowered, and might require different services, resources, and supports at different stages of their recovery process;

(d) ensuring that people who have reported sexual violence/misconduct:

• are given the opportunity to be heard and are supported;
• will be treated with compassion, dignity and respect throughout the process of disclosure and institutional response;
• can choose to participate in the continuum of recovery, investigation, and disciplinary processes; and
• can choose available culturally relevant processes in regards to alternative resolution and the continuum of recovery for example, traditional Indigenous-centred approaches;

(e) ensuring that respondents are provided with natural justice and procedural fairness during the investigation and adjudication process.

(f) recognizing that certain relationships between members of the University community are relationships of heightened trust and vulnerability and may constitute Prohibited Relationships.

Roles and Responsibilities

Associate Vice-President (Human Resources)

• Where, as a result of a finding in the investigation report, disciplinary action is warranted against an employee of the University, to ensure consistency with action taken in similar cases, the designated authority will consult with the Associate Vice-President (Human Resources) before imposing discipline.

Associate Vice-President (Student Affairs)

• Provide an annual report to the University Executive Team on disclosures, reports, investigations, and outcomes.
• Where, as a result of a finding in the investigation report, disciplinary action is warranted against a student of the University, will convene and chair the Adjudication Board to ensure consistency with action taken in similar cases and impose appropriate discipline.

Campus Security

• When contacted, serve as first responders and initially respond to urgent on-campus calls regarding an alleged incident of sexual violence/misconduct and prepare an incident report.
• Ensure security and safety of the scene and those immediately involved.
• Immediately contact and inform the Coordinator, Sexual Violence Prevention Response or designate of an alleged incident of sexual violence/misconduct.
• Share information with other persons (Coordinator, Sexual Violence Prevention Response; Coordinator, Respectful University Services; Coordinator, Student Conduct; Associate Vice-President (Student Affairs); Associate Vice-President (Human Resources); and others) as appropriate and in a timely manner.

Contractors, subcontractors, suppliers and other third parties providing services for or to the University

• As part of their contract, will comply with this policy.

Coordinator, Respectful University Services

• Assess reports and determine if the University has the jurisdiction to investigate.
• Provide expertise and advice to all levels of management, faculty, staff and students on matters pertaining to discrimination, harassment and a respectful University.
• When an alleged report of sexual violence/misconduct involves an employee of the university and it is determined the University has the jurisdiction to investigate, lead the investigation.
• Provide consultation regarding complaints and facilitate appropriate resolutions.
• Write and/or review the final investigation report prior to submission to the appropriate decision maker.
• Facilitate supports for respondents who are employees.

Coordinator, Student Conduct

• Assess reports and determine if the University has the jurisdiction to investigate.
• When an alleged report of sexual violence/misconduct involves a student of the University (as the Respondent) and it is determined the University has the jurisdiction to investigate, lead the investigation team.
• Ensure each investigation team is trained in trauma-informed sexual violence/misconduct investigation procedures, and has a thorough understanding of this policy.
• Provide consultation regarding complaints and facilitate approrpriate resolution.
• Write and/or review the final investigation report prior to submission to the appropriate decision maker.
• Facilitate support for respondents who are students.

Coordinator, Sexual Violence Prevention and Response

• Provide awareness and educational programing centered on the University community; focusing on consent, rape culture, gendered violence, bystander and disclosure training.
• Develop and maintain the Sexual Violence Prevention and Response website.
• Facilitate 24 hour emergency support for those who have recently experienced sexual violence/misconduct. This can include, but is not limited to, emotional support, safety planning, and accompaniment on trips to hospital, medical services, police and/or legal appointments.
• Ensure survivors are aware of resources, both on and off campus.
• Assist survivors in accessing support and/or reasonable workplace and academic accommodations.
• Provide supports for individuals who receive disclosures.
• Provide support for those who have experienced sexual violence/misconduct in the past.

Employees, Students, Course Participants, Volunteers and Visitors

• Conduct themselves in all activities in a manner that promotes compliance with this policy.

Consequences for Noncompliance

This Policy and related procedures are complementary to, and not substitutes for, the civil and criminal legal systems, The Saskatchewan Employment Act and the Saskatchewan Human Rights Code. 

Processes

An individual who has experienced sexual violence/misconduct has a variety of options on how to proceed. The University recognizes and supports the individual’s autonomy in decision making and will provide supports and services in all cases. Options include:

• Disclosure but no further action. Those who have made a disclosure but do not wish to pursue any further action are nonetheless entitled to access University supports and services.
• The individual may file a report. A report to the University can result in an investigation, interim measures and possible disciplinary action, as described in the procedures.
• The individual may file a report and report the incident to the police. A report to the University can result in an investigation, interim measures and possible disciplinary action, as described in the procedures. A report to the police may result in a criminal investigation and criminal charges being laid.
• The individual may only report the incident to the police. A report to the police may result in a criminal investigation and criminal charges being laid.

In the event of a criminal investigation or criminal proceedings the University investigation may be temporarily suspended, however interim measures will be sustained.

The University does not have the jurisdiction to investigate disclosures or reports of sexual violence/misconduct where the respondent is not a member of the University community.   In such cases, the incident should be reported to the police. In the event that the complainant is a member of the University community, but the respondent is not, the complainant can still access supports offered by the University and the University may place restrictions on the respondent’s access to campus and University services and events.

Confidentiality

Confidentiality is critical in all procedures under this policy. Because of the particular sensitivity of Sexual Violence/Misconduct complaints, and their consequences, confidentiality is of the utmost importance and will be maintained at all times, unless there is a risk to personal safety, or the University’s legal obligations require disclosure of information.  Notwithstanding the foregoing, disclosure of certain matters pertaining to a Sexual Violence/Misconduct complaint may be disclosed to those individuals within the University who have a need to know (in order to administer this policy, carry out interim measures, to deal with safety concerns, to take corrective measures, etc.). For more detailed information, please refer to the Sexual Violence/Misconduct Policy Procedures (440 KB) .

Personal Safety

Where there exists a clear, serious, and immediate threat to safety of an individual or the community, the University has a legal duty to warn any individuals at risk. This may mean for the purposes of safety that the procedures accompanying this policy, including confidentiality, may not be strictly adhered to. In addition, action to address an urgent or emergency situation may be taken by Campus Security, the Early Intervention Team and/or senior administration in order to protect an individual or other members of the University community.

For more information and specific procedures regarding disclosures, reports, and investigations under this policy, please refer to the Sexual Violence/Misconduct Policy Procedures (440 KB) .

Related Information

• GOV-100-015 Respectful University
• Student Code of Conduct & Right to Appeal (See the Undergraduate Calendar)
• Regulations Governing Discipline for Academic and Non-Academic Misconduct
• GOV-022-005 Code of Conduct
• GOV-022-020 Safe Disclosure
• GOV-060-005 Freedom of Information and Protection of Privacy
• GOV-100-005 Health and Safety
• Saskatchewan Human Rights Code
• Saskatchewan Employment Act
• Sexual Violence/Misconduct Policy Procedures (440 KB)
• Resources