Sexual Violence Response Policy

Purpose

St. Francis Xavier University (StFX) does not tolerate sexual violence. StFX is committed to maintaining a positive and respectful learning, living and working environment that respects the rights of StFX community members to learn, study, live and work free from sexualized violence.

StFX recognizes that sexual violence is a serious problem in society and on university and college campuses. This societal problem is perpetuated by a culture in which prevalent attitudes, norms, social practices, and media, tolerate, normalize, justify, trivialize or excuse or outright condone sexual violence. These attitudes and social responses normalize sexual coercion and shift blame onto those who have experienced sexual violence. StFX affirms its commitment to fostering a culture on campus where attitudes and behaviours that perpetuate sexual violence are discouraged and rejected, Survivors are supported, and Disclosures and Reports of sexual violence are responded to seriously and in a manner that is procedurally fair.

The purpose of this Policy is to:

• Prohibit all forms of sexual violence at StFX.
• Uphold and enforce an affirmative standard of consent.
• Establish and maintain a climate and culture at StFX in which all members of the StFX University Community enjoy a safe and respectful learning, living and working environment.
• Establish a procedure to respond promptly and seriously to Disclosures and Reports of sexual violence in a manner that is trauma-informed, procedurally fair, and treats all persons involved with dignity and respect.

Scope

This Policy applies to all Members of the StFX Community, including but not limited to students, staff, administrators, faculty, librarians, members of the Board of Governors, adjunct or visiting faculty and postdoctoral fellows.

This Policy applies to Disclosures and formal Reports of sexual violence whether the incident(s) occurred on or off campus or through social or electronic media.

Any Member of the StFX Community who has experienced sexual violence may seek accommodations and supports under this Policy. A formal Report is not necessary to access support, accommodation or Immediate Measures.

A formal Report of sexual violence may be investigated in circumstances where the Respondent is a current Member of the StFX Community. Where a formal Report is made against a person who is not currently a Member of the StFX Community, StFX may suspend the investigation.

StFX is not required to engage the investigation procedure under this Policy if the Respondent is not a Member of the StFX Community, but may take other steps in response to a Disclosure or Report, for example by prohibiting guests or contractors or others who may provide services to StFX or its members, from entering on StFX property or by referring the matter to the RCMP.

Definitions

Consent to Sexual Activity: means the voluntary agreement to engage in sexual activity and to continue to engage in the sexual activity. Consent means that all persons involved demonstrate through words or actions, that they freely and mutually agree to participate in the sexual activity.

1. Consent must be obtained at the outset and at all stages of sexual activity on an ongoing basis.
2. Consent can be withdrawn at any time.
3. Silence or the absence of “no” is not consent.
4. Consent cannot be assumed from passivity, immobility or an absence of resistance or perceived resistance
5. Someone who is Incapacitated cannot consent.
6. Past consent earlier on the day or night in question or on previous occasions does not imply contemporary, ongoing or future consent.
7. There is no consent where one person abuses a position of trust, power or authority over another person.
8. There is no consent where there is coercion, force, threat, or intimidation towards any person or where there is fraud or withholding of critical information that could affect a person’s decision to consent.
9. An individual cannot rely only on their subjectively held (mistaken) belief that the other person is communicating consent, but must take active and ongoing reasonable steps to confirm that consent.
10. An individual’s state of intoxication is not a defense to sexual contact without consent.
11. An individual’s previous sexual behaviour or history cannot be used to assume or imply consent.

Disclosure: refers to a Survivor or a witness sharing information about an incident of sexual violence. Survivors and others are encouraged to Disclose to the Sexual Violence Prevention and Response Advocate, who provides information on options following a Disclosure, and co-ordinates accommodations and supports. A Disclosure is different than a Report and does not automatically initiate a formal investigation by StFX.

Formal Report: a formal Report (“Report”) is the sharing of information for the purpose of initiating an investigation that could result in disciplinary and/or remedial measures against a Member of the StFX Community who is alleged to have engaged in sexual violence.

Incapacitated: means a person who does not have the capacity to give consent because they are, for example, unconscious or asleep or their judgment is impaired (such as by alcohol and/or drugs), and as such cannot appreciate the risks or consequences of the sexual act. It is the responsibility of the person initiating or continuing sexual contact with a person who is intoxicated or impaired to establish affirmative consent at all times.

Member of the StFX Community: includes, but is not limited to, students, staff, administrators, faculty, librarians, members of the Board of Governors, adjunct or visiting faculty and postdoctoral fellows.

Procedural Fairness: means a process

1. Based on impartiality and absence of bias.
2. Where the Respondent is informed of the allegations.
3. Where the Reporting Party is informed of the Respondent’s response
4. Which includes a meaningful opportunity for each party to know the evidence against them and respond.
5. In which both parties are given sufficient notice of interviews or meetings where they are expected to present or respond to evidence gathered as part of the process.
6. Leading to a written decision that includes a sufficiently detailed explanation of the facts and analysis to enable the parties and any reviewing body to understand the decision and the basis for the decision.

Reporting Party: means a person who has initiated a formal Report under this Policy alleging that a Member of the StFX Community has committed sexual violence in breach of this Policy or a person who has requested an immediate measure under this Policy.

Respondent: means a person who is alleged to have engaged in sexual violence in breach of this Policy.

Responsible Authority: refers to the individual(s) designated under this Policy with the authority and responsibility to assess and impose Immediate Measures, receive Reports of sexual violence, appoint the Investigator, review the Investigator’s Report, and determine and impose Discipline or Remedial Measures. The Responsible Authority is:

• For Students: VP Students
• For Non-Academic Employees: VP Finance & Administration
• For Faculty, Librarians, Coady Institute and Academic Employees: Academic VP & Provost
• For Vice Presidents and Board of Governors: President or designate

Sexual Activity refers to physical sexual activity including but not limited to kissing, sexual touching, oral or anal sexual acts, intercourse or other forms of penetration.

Sexual Assault: Any kind of sexual contact without consent. It can include kissing, sexual touching, oral or anal sexual acts, intercourse or other forms of penetration. Condom stealthing (the removal of a condom without the express consent of the sexual partner), is a form of non-consensual sexual contact and is sexual assault.

Sexual Harassment: means unwelcome or unwanted sexual conduct or comment(s) directed at an individual when that person reasonably knows or ought to know that the attention is unwanted or unwelcome. Sexual harassment includes jokes or remarks of a sexual nature (such as comments on a person’s appearance, body or clothing, questions about their sexuality or sexual history); leering, ogling or sexual gestures; sexual attention (such as persistent invitations for dates); reprisal for rejecting a sexual advance; and a single solicitation or advance or a series of sexual solicitations made by a person who is in a position to confer or deny a benefit on the recipient and who knows or reasonably ought to know the solicitation is unwelcome. Sexual harassment may also consist of unwelcome remarks based on gender which are not of a sexual nature but which are demeaning, such as derogatory gender-based jokes or comments.

Sexual Violence: means any act targeting a person’s sexuality, gender or gender expression, whether the act is physical or psychological in nature, that is committed, threatened or attempted against a person without that person’s consent, and includes the Criminal Code Offences of sexual assault, indecent exposure, voyeurism and non- consensual distribution of sexual/intimate images. Sexual violence also includes sexual harassment and stalking, cyber harassment, and cyber stalking of a sexual nature. Sexualized violence can take place through any form or means of communication (e.g. online, social media, verbal, written, visual, “hazing”, or through a third party).

Survivor: An individual who has experienced sexual violence, has Disclosed an experience of sexual violence, or identifies as a Survivor. There is a lot of debate about the terms “victim” and “survivor”. It is up to the individual to choose how they want to be referred to. The term “Reporting Party” is used when a person Discloses that they have experienced sexual violence and has requested an Immediate Measure or initiated a formal Report under this Policy.

Teaching Staff: means every person delivering any component of an academic program, including but not limited to: undergraduate and graduate courses, supervision of graduate or undergraduate students, lab instructors, nurse educators, dietetic educators, skills instructors, program teaching staff and services delivered by StFX librarians and archivists.

Unionized employee: Includes all employees of StFX who are subject to a collective agreement between StFX and a union.

Policy

1.  

1.1   StFX does not tolerate any form of sexual violence.

1.2   StFX does not tolerate any form of retaliation by Respondents or others directed at persons who have made a Disclosure or formal Report under this Policy, nor at persons who have been named as Respondents in such Reports.

1.3   StFX acknowledges that sexual violence is inherently connected to inequality and power imbalances on campus and in our society; and that sexual violence and its harmful consequences, disproportionately impact members of social groups who experience intersecting grounds of discrimination or marginalization, such as on the basis of sex, gender, gender identity or expression, sexual orientation, Indigeneity, race, age, ability and class.

1.4   StFX is committed to providing supports to Survivors based on their personal experiences, whether or not the Survivor chooses to make a formal Report through the StFX internal reporting process or any external reporting process (such as reporting to police).

1.5   StFX recognizes that sexual violence is under-reported for a variety of reasons, including shame, stigmatization, self-blame, and fear of reprisals, isolation, ostracism or of being dismissed or disbelieved.

1.6   StFX is committed to reducing the barriers to Disclosure and Reporting of sexual violence at StFX to the extent possible. This includes a commitment to ensuring that Survivors are not judged or blamed for experiencing sexualized violence, for example because of how they were dressed or because they were intoxicated.

1.7   StFX recognizes that a barrier to reporting sexual violence on campus is the risk to Survivors of being subjected to a re-traumatizing reporting process. This Policy aims to protect the safety and respect the choices of Survivors.

1.8   StFX recognizes that specialized knowledge and training is required to investigate and determine allegations of sexualized violence and, further, that investigations by qualified investigators are an effective and fair method for gathering information, testing the evidence and credibility of parties and witnesses, and determining whether a breach of this Policy occurred.

1.9   StFX acknowledges that its obligation to maintain a non-discriminatory university environment under the Nova Scotia Human Rights Act includes an obligation to establish a procedurally fair and non-discriminatory process for responding to Reports of sexual violence.

1.10   In accordance with the above commitments, formal Reports of sexual violence under this Policy will be investigated by a qualified and trauma-informed investigator, in which the person who has reported experiencing sexual violence (the Reporting Party) and Respondent are parties to the investigation process. The Reporting Party and Respondent are accordingly both entitled to copies of the Investigation Report, to copies of the decisions made by the Responsible Authority, including relating to discipline and remedial measures, and to seek Review of any decisions made by the Responsible Authority under this Policy.

1.11   This Policy replaces the StFX Student Code of Community Conduct in cases involving sexual violence. This Policy also applies to all Reports of sexual harassment and other forms of sexual violence involving employees of StFX. If there is any inconsistency between this Policy and the StFX workplace policies, including the Harassment and Discrimination Policy, this Policy governs.

1.12   Similarly, this Policy’s terms on Prohibiting Sexual Relations Between University Employees and Students, governs in the event of any conflict between it and the StFX Conflict of Interest Policy or any other relevant policy.

1.13   Where there is any express conflict between this Policy and the terms of a collective agreement, the collective agreement governs.

1.14   In the event that a Report under this Policy engages issues under other policies, such as intersecting issues of discrimination under the Harassment and Discrimination Policy, the Report will be investigated under this Policy, with the Investigator’s terms of reference including consideration of all other relevant and appropriate intersecting issues and policies.

1.15   A person who has experienced sexual violence can access other legal processes at any time, including criminal (reporting to the police), civil, criminal injuries, professional regulatory or human rights processes.

1.16   StFX recognizes the importance of sexual violence prevention and education as well as ongoing training on this Policy at StFX, in order to achieve the purposes and goals of this Policy.

Sexual Violence Prevention And Response Advocate

1.  

2.1   The Sexual Violence Prevention and Response Advocate (“SVPRA” or the “Advocate”) is intended to be a single point of contact, support, and liaison for Members of the StFX Community who have experienced sexual violence. The Advocate will provide individualized information, advice and assistance. The Advocate will be a person who has training and/or experience in trauma-informed practice, gender-based violence, sexual assault law, and sexual violence investigations and procedures.

2.2   The support services offered by the Sexual Violence Prevention and Response Advocate include:

• Receiving confidential Disclosures.
• Assisting with safety planning.
• Identifying and co-ordinating appropriate academic, residence, employment or other accommodations in consultation with the appropriate StFX departments.
• Providing information about referrals to internal services, such as StFX Health and Counselling, the Gender and Sexual Diversity Advisor, Indigenous Students Advisor, Black Student Advisor, or International Students Advisor.
• Providing information about external organizations, such as the Antigonish Women’s Resource Centre & Sexual Assault Services Association and the Sexual Assault Nurse Examiner (SANE).
• Providing information about confidentiality and privacy, and the limits on confidentiality.
• Providing information about internal options under this policy, including:
  • Immediate Measures.
  • Formal Reporting and investigation.
  • Review of decisions made under this policy.
  • Alternative Resolution, where appropriate.
• Assisting with making a formal Report, including supporting the individual in preparing any written statement, if and when the Survivor decides to take this action.
• Acting as a liaison with the Investigator appointed to conduct an investigation.
• Acting as a support person during the investigation.
• Receiving allegations regarding acts of retaliation relating to a Disclosure or a Report.
• Providing information about other reporting procedures (such as criminal or civil).
• Reminding Survivors of the importance of confidentiality at all stages of the reporting process, and assisting with balancing confidentiality with the need for support and avoiding isolation.

2.3   The Advocate will also develop, implement and promote sexual violence prevention and education activities at StFX.

2.4   The Sexual Violence Prevention and Response Advocate may be reached by:

• In person at: 306B Bloomfield Centre
• Email at: @email
• Telephone at: 902-867-5601

Accomodations And Supports

Survivors:

3.1   When a Member of the StFX Community makes a confidential Disclosure or Report of sexual violence, they are entitled to access supports, resources and accommodations. Accommodations and supports that may be available to Members of the StFX Community who have Disclosed or Reported sexual violence include:

For Students:

• Safety planning
• Academic accommodations:
  • class schedule changes
  • assignment or exam extensions or deferrals
  • late withdrawal from a course without penalty
• Residence re-location
  1. For Employees:
     • Safety planning
     • Employment accommodations:
       • temporary work reassignment
       • location reassignment
       • scheduling change

3.2   To avoid the Survivor being required to make multiple Disclosures, accommodations and supports should be co-ordinated through the Sexual Violence Prevention and Response Advocate.

3.3   Emergency support is available 24/7 by:

• Seeing the Sexual Assault Nurse Examiner (SANE), 1-877-880-7263
  • The role of the SANE is to provide specialized medical care for sexual assault, as well as information and emotional support. They may also collect and preserve forensic evidence for the purposes of a criminal investigation if the Survivor wishes. For more information on the SANE see: https://www.stfx.ca/student-services/support-services/visible-at-x/get-help/supports-resources
• Calling 911 (Police/RCMP, Ambulance)
• Calling StFX campus security at 902-867-4444
• Going to the emergency department at St. Martha’s Hospital, 25 Bay Street Antigonish

3.4   For students living in residence, immediate or emergency support can also be accessed by contacting a Community Advisor or Hall Director.

3.5   For students, StFX Health and Counselling Services may also be accessed during business hours.

3.6   For employees, the Employee Assistance Program can also be accessed (www.workhealthlife.com).

Student Respondents:

3.7   Where the person alleged to have committed an act of sexual violence is a student, they will be supported by the Student Life Office. The Student Life Office will:

• Provide information to the Respondent on Immediate Measures, investigation, formal Reports and Review of decisions, under this Policy.
• Act as a support person for the student throughout these processes.
• Act as a liaison and provide support and co-ordination in academic or residence accommodations requested by the Respondent or arising from any Immediate Measures.
• Assist the Respondent in providing information to StFX in any risk assessment or imposition of Immediate Measures, and/or to request a reconsideration of Immediate Measures.
• Assist the Respondent in preparing the Respondent’s statement(s) or responses(s) related to any Immediate Measure, investigation or Request for Review of a decision under this Policy.
• Relay information or documents from the responsible authority to the respondent.
• Provide information about confidentiality and privacy and the limits of confidentiality.
• Remind Respondents of the importance of confidentiality at all stages of the reporting process, and assist with balancing confidentiality with the need for support and avoiding isolation.

Employee Respondents

3.8   Where the person alleged to have committed an act of sexual violence is an employee of the University they may obtain information about the process and their rights under this Policy from the Human Resources office, and/or may be supported by a union representative pursuant to the terms of the relevant collective agreement.

Disclosure

First Disclosure Often to a Person in Trust

4.1   StFX recognizes that persons who have experienced sexual violence, frequently first disclose to a trusted person, such as a friend, colleague, faculty member, union representative, Community Advisor or a university employee.

Faculty/Staff Must Provide Information About the Sexual Violence Prevention and Response Advocate to the Survivor

4.2   All StFX employees who receive confidential Disclosures must provide information to the Survivor about the availability of the Sexual Violence Prevention and Response Advocate as the person to receive confidential support and information about options. It is the choice of the Survivor whether to access this service.

4.3   StFX will offer annual training on this Policy, the Sexual Violence Prevention and Response Advocate, and best practices for Members of the StFX Community in responding to Disclosures of sexual violence. Such training shall be mandatory orientation training for all new staff and faculty.

Amnesty from Drug/Alcohol Misconduct by Survivors

4.4   StFX recognizes that some individuals may be reluctant to come forward to Disclose or Report sexual violence if they were drinking or using drugs at the time the sexual violence took place, particularly if to do so violated an employment, student, or athletic code of conduct. A Member of the StFX Community who makes a Report in good faith will not be subject to disciplinary actions by StFX for violations of StFX policies related to drugs or alcohol at the time the sexual violence took place.

The Role of the Sexual Violence Prevention and Response Advocate and Recording Names of Alleged Perpetrators

4.5   StFX acknowledges that sometimes Survivors Disclose sexual violence because they want StFX to ‘know’ or they want there to be some form of ‘record’, but don’t want to take further steps. The Sexual Violence and Response Advocate is responsible for keeping track of this information. Initial Disclosures to trusted persons, such as to a faculty member or colleague, are not sufficient for this purpose. While the trusted person may have an obligation to inform the Responsible Authority or the Advocate (see s.6.3 of this Policy), Survivors are encouraged to Disclose to the Advocate directly or give permission to the trusted person to provide information to the Advocate if their goal is for there to be some “record” of their experience, but not take any further steps.

Co-ordination of Information

4.6   Where StFX Safety & Security, Residence Life, or Human Resources, receive a Disclosure or Report of sexual violence, a copy of the incident Report or information on the incident and the persons involved, shall be provided to the Sexual Violence Prevention and Response Advocate (except to the extent this is inconsistent with the terms of a collective agreement).

Immediate Measures

5.1   Immediate Measures may be imposed on a Respondent at any time following a Disclosure or Report of Sexual Violence. A formal Report is not required for Immediate Measures to be requested or imposed. The person who Disclosed sexual violence will be referred to as the “Reporting Party” in this section.

5.2   In most cases, an assessment of whether to impose Immediate Measures will be initiated at the request of the Reporting Party. Such requests will be processed through the Sexual Violence Prevention and Response Advocate, Student Life Office or Human Resources Department.

5.3   StFX may impose Immediate Measures on its own initiative, where there is a risk of harm to the Reporting Party, the Respondent or to the StFX community or any Member of the StFX Community.

5.4   Where a Reporting Party requests Immediate Measures following a Disclosure, the Reporting Party must consent to the release of their name and the general nature of the allegations to the Respondent. The release of the name and some information about the allegations is necessary for the process to be procedurally fair.

5.5   Prior to the assessment and imposition of any Immediate Measures, the Reporting Party shall be consulted and their reasonable wishes and concerns taken into /account.

StFX Employee Respondents - Procedure for Imposing Immediate Measures

5.6   Where the Respondent to a Disclosure or Report of Sexual Violence is a StFX employee, Immediate Measures shall be imposed by the Responsible Authority in consultation with the Director of Human Resources.

5.7   Immediate Measures may include, but are not limited to:

• No contact/communication orders.
• Arrangements to minimize encounters in working environments such as changes in work schedules or assignments.
• Restricting access to part or all of the University campus on the part of the Respondent, up to and including a campus ban.
• Suspension of the Respondent.

5.8   Where Immediate Measures are imposed on a StFX employee, the Reporting Party shall be provided with information about the terms of the Immediate Measures as they impact the Reporting Party.

Student Respondents - Procedure for Imposing Immediate Measures

5.9   Where the Respondent to a Disclosure or Report of Sexual Violence is a student, Immediate Measures shall be imposed by the Responsible Authority or designate.

5.10   Immediate Measures may include, but are not limited to:

• No contact/communication orders.
• Arrangements to minimize encounters in learning or living such as changes in class schedules or sections or residence location.
• Restricting campus privileges of the Respondent.
• Suspension from a Varsity Athletic Team.
• Loss of student privileges.
• Restricting access to part or all of the University campus on the part of the Respondent, up to and including a campus ban.
• Suspension of the Respondent.

Student Respondents - Test for Imposing Immediate Measures

5.11   Immediate Measures may be imposed on a student Respondent where there is reasonable cause to believe that Immediate Measures are required:

• To protect the safety, security or academic or employment well-being of the Reporting Party or any other Member of the StFX Community.
• To address any risk posed by the Respondent to the safety of the Reporting Party and/or to the StFX community.
• To maintain confidentiality and/or the integrity of a StFX investigation or anticipated investigation.
• To discourage or prevent retaliation.
• To minimize disruption to the learning, residence or working environment at StFX.
• To maintain and build community trust and confidence in StFX.
• To maintain and promote a campus environment in which sexual violence is not tolerated.

5.12   In addition to the above factors, consideration shall be given to:

• The wishes and expressed needs of the Reporting Party
• The views of the Respondent, if available, including any consent to Immediate Measures
• The nature and seriousness of the alleged conduct
• The impact of the conduct on the Reporting Party and/or on the StFX community
• The impact of the proposed measures on the Respondent, and
• Whether the Respondent is in a position of trust or authority.

5.13   Any Immediate Measures imposed shall be as minimally restrictive as possible in the circumstances, to meet the above goals.

5.14   Notice in writing of the Immediate Measures shall be provided to the Respondent through the Student Life Office as soon as possible but no later than 24 hours of the decision being made.

Student Respondents - Expedited Investigation

5.15   If the Immediate Measure is a suspension or campus ban, any formal investigation will be undertaken on an expedited basis.

Student Respondents - Accommodations

5.16   Student Respondents may be entitled to accommodations arising from Immediate Measures (such as in the case of a campus ban) which may be requested through the Student Life Office.

Student Respondents – Continuation of Immediate Measures

5.17   Immediate Measures imposed on a student Respondent may remain in place indefinitely where:

• A Disclosure but no formal Report has been made and no investigation initiated
• The Immediate Measures meet the needs of the Reporting Party and that person consents
• The Respondent consents to the continuation of the Immediate Measures, and
• The Immediate Measures address the safety, remedial, and campus culture responsibilities of StFX.

5.18   Any party may request a reconsideration of the Immediate Measures

5.19   Immediate measures will be reviewed at the beginning of each term.

Confidentiality

Disclosures are Confidential

6.1   Ensuring confidentiality is a key principle in creating an environment and culture in which Survivors feel safe to Disclose and seek support and accommodation. StFX is committed to ensuring that such an environment and culture exists at the university.

Limits on Confidentiality of Disclosures: Sharing Information for Access to Accommodations

6.2   In order to access various employment, residence or academic accommodations, it may be necessary for the Survivor to provide consent to share some information with persons responsible for those accommodations, for example in order to ensure no contact with the Respondent.

• Employment accommodations will be discussed with the Human Resources Director
• Residence accommodations will be discussed with the Director of Student Life or their delegate
• Academic accommodations will be discussed with the appropriate Dean(s) and faculty members as necessary.

Limits on Confidentiality of Disclosures: StFX Duty to Act

6.3   StFX cannot guarantee absolute confidentiality in all cases of a Disclosure. StFX may be required to disclose information and/or undertake its own investigation where:

1. There is a serious risk of harm to self or others
2. There is objective evidence of sexual violence, such as evidence of sexual violence in the public realm (e.g. a video posted on social media) or otherwise recorded or documented and available to StFX
3. There is a risk to the safety of the university and/or broader community
4. Where records are subpoenaed
5. Reporting or other action is required or authorized by law.

6.4   Examples of cases where StFX may have a duty to undertake its own investigation or take other steps without the consent of the Survivor include cases where there are multiple complainants or Respondents, multiple Disclosures have been made against the same person or the sexual violence is in the public realm (e.g. a video-recorded act against an intoxicated person). In such cases, StFX will provide notice and support to the Survivor where the Survivor is known, and the Survivor has the right to decide whether to participate in any investigation.

Disclosures to Trusted Faculty or Staff

6.5   If a Disclosure involves an employee(s) of StFX University as the alleged perpetrator, the trusted person is required to inform the StFX Human Resources Department for follow-up and potential investigation under the applicable process for the employee(s). This requirement is in accordance with various statutory provisions (eg. Occupational Health & Safety Act) and under common law.

6.6   If a Disclosure is made to a StFX health professional, the Personal Health Information Act only permits release of information without an individual’s consent in narrow circumstances, such as where the health professional believes the Disclosure will avert or minimize an imminent and significant danger to the health or safety of any person.

Confidentiality to Maintain the Integrity of an Investigation

6.7   Following a Report, information about the investigation and Report will only be shared by the Investigator and/or StFX staff, as is necessary for the purposes of the investigation.

6.8   StFX recognizes that a Respondent may need to share some information in order to facilitate their response and identify witnesses; a Reporting Party may need to share some information in order to identify witnesses and assist the investigation; and both parties may need to rely on their respective circles of support, such as close friends, family, therapists or legal counsel.

6.9   StFX further recognizes that silencing persons who have Disclosed or Reported sexual violence, by telling them that they cannot talk about the experience because of an ongoing reporting process, is a barrier both to reporting and to healing.

6.10   Having regard to the above, StFX encourages Reporting Parties and Respondents to ensure that any communications about an incident(s) of sexual violence during a reporting process do not taint or undermine the integrity or fairness of the process. If communications adversely impact the integrity of the investigation, the outcome of the process may be negatively impacted.

Statements Compellable in Other Proceedings

6.11   Information or statements provided by a Reporting Party, Respondent or witness to StFX following a Disclosure or Report may be subpoenaed as part of any related civil or criminal proceeding.

Public Statements By Survivors Or Others

7.1   Survivors and those impacted by sexualized violence are free to tell the story of their own experiences. During an ongoing investigation, however, confidentiality should be maintained, as set out in s.6.10 above.

7.2   Survivors and others should be aware that if they choose to make public statements about their experiences, they may be putting themselves at risk of civil lawsuits by those who believe they have been defamed or had their privacy rights violated. Individuals should exercise care and judgment when deciding whether to make public statements, or what information to include in such public statements, and should seek legal or other advice if unsure.

Public Statements By StFX

8.1   The Responsible Authority shall determine whether a public bulletin or statement will be issued by StFX arising from a Disclosure or Report of sexual violence.

8.2   Decisions about whether to issue a public statement about a Disclosure or Report will be made consistent with the principles and commitments in this Policy, including the university’s commitment to: equity; trauma-informed approaches; respecting the needs and agency of persons who Disclose sexual violence; encouraging Disclosures and Reporting of sexual violence; maintaining a campus free from sexualized violence; and establishing community trust and confidence in StFX that sexual violence is not tolerated.

8.3   Public statements by StFX will not disclose the personal information of the person who Disclosed or was impacted by sexualized violence without the consent of that person.

8.4   StFX reserves the right to correct misleading or inaccurate public information.

8.5   Public statements by StFX will comply with applicable privacy legislation and the terms of any collective agreement.

Alternative Resolution

9.1   In appropriate circumstances, a Survivor may wish to resolve the matter without a formal Report, or prior to the conclusion of the formal Reporting process. A Respondent may also seek to initiate an alternative resolution process.

9.2   At no time should either a Survivor or Respondent be pressured to participate in an alternative resolution process. Alternative resolution will only be explored with the consent of the Survivor, Respondent and StFX.

9.3   Parties that engage in alternative resolution, do so on a ‘without prejudice’ basis. In other words, either the Survivor or Respondent may withdraw from the process at any time and any information or admissions shared in the process cannot be used against either party in a formal Report and investigation under this Policy or in any other proceeding at StFX.

9.4   The foundational principle and starting point of an alternative resolution is the Respondent’s acceptance of responsibility for causing harm.

9.5   The goals of the process are acceptance of responsibility, mutual understanding, safety and education/remediation.

9.6   An alternative process does not require any face to face/in-person interaction between the Survivor and the Respondent.

9.7   The outcomes of a facilitated alternative resolution process may include an voluntary apology letter from the Respondent, a written agreement that includes behavioural expectations, and/or education or training, such as related to anti-violence, anti-oppression or consent, or a voluntary agreement by the Respondent to other measures.

9.8   Alternative resolution processes must be facilitated by a person with training appropriate to the seriousness and nature of the allegations and the context of the parties, and with training or experience in gender-based violence, trauma-informed practice, and mediation or counselling.

9.9   Alternative resolution is presumptively inappropriate where previous Reports have been made about the Respondent or where StFX has received multiple Disclosures about the Respondent.

9.10   A record of the alternative resolution shall be maintained by StFX in the student file for a period of four years or for as long as the students are part of the StFX community whichever is longer, and in the employee files of StFX employees in accordance with the terms of any collective agreement or applicable employee policies.

Formal Reports

10.1   A formal Report (“Report”) is the sharing of information by the person who is reporting sexual violence, (“the Reporting Party”) for the purpose of initiating an investigation that could result in disciplinary action or remedial measures being imposed on the Respondent Member of the StFX Community.

10.2   StFX’s process in response to a Report is guided by the following:

1. Trauma-informed practice
2. Avoidance of discriminatory assumptions and stereotypes about persons who experience and/or report sexual violence
3. Non-adversarial approaches to permitting the parties to ask questions and test the evidence
4. Supports for the Reporting Party and the Respondent
5. The rights of both the Reporting Party and Respondent as parties
6. Procedural Fairness
7. Timeliness, and
8. Maintaining confidentiality to the extent possible.

Initiation of Report

10.3   All Reports of sexual violence should be submitted through the Sexual Violence Prevention and Response Advocate. The Advocate will then forward the Report to the Responsible Authority. Where a formal Report is made to another office (such as Human Resources or Human Rights and Equity), the relevant office shall forward the Report to the Advocate.

10.4   A Report may be initiated in a variety of ways, depending on the needs and circumstances of the Reporting Party. Every effort will be made to avoid having the reporting party tell their story multiple times. The report must contain the name of the Respondent, the date(s) and general nature of the allegations. It may be initiated by:

1. An oral Report to the Sexual Violence Prevention and Response Advocate, which is summarized by the Advocate and submitted to the Responsible Authority with consent of the reporting party or
2. A written statement by the Reporting Party providing details of the incident(s) submitted to the SVPRA.

No Deadline for Making a formal Report

10.5   There is no deadline for making a Report under this Policy. StFX recognizes that Survivors may require time to Disclose and/or Report. Survivors are encouraged to report as soon as they have made the decision and are able to do so, so as to minimize any loss of evidence due to the passage of time. If the Respondent is no longer a Member of the StFX Community, StFX is not required to investigate under this Policy.

10.6   This Policy shall apply to all reports made on or after the Date First Approved, including reports where the Sexual Violence is alleged to have occurred prior to the Date First Approved.

Preliminary Screening by Responsible Authority

10.7   On receipt of the Report, the Responsible Authority shall determine whether:

1. The reported conduct falls within the scope of this Policy
2. The Respondent is a Member of the StFX Community, and
3. In accordance with s.5, Immediate Measures are appropriate (if they have not already been imposed).

Appointment of Investigator

10.8   If the Responsible Authority determines that the Report falls within the scope of the Policy, the Responsible Authority shall appoint an internal or external Investigator. Examples of situations that would warrant an external investigation include:

1. An internal investigator was unavailable to complete the investigation in a timely manner
2. There was a conflict of interest between the internal investigator and either the Reporting Party, Responding Party or Witness pursuant to the Conflict of Interest Policy

The Investigator’s Mandate

10.9   The role of the Investigator is to make findings of fact and determine whether the Respondent engaged in sexual violence in breach of this Policy (and any related Policy that may be included in the scope of the investigation).

Procedure for Investigating Formal Reports Where the Respondent is a StFX Employee

10.10   Where the Respondent to a Report is a StFX Unionized Employee, the procedure for investigating the Report shall follow the applicable collective agreement in addition to s.10.1- 10.12 in this Policy. Where the Respondent is a non-unionized employee, the Reporting Party shall be promptly informed following submission of the Report, of the procedure that will be undertaken by StFX to respond to the Report in addition to s.10.1-10.12 in this Policy.

10.11   The Reporting Party shall be provided with a copy of the Investigation Report related to their Report, including any findings of breach of this Policy or of any other StFX policy. The Report provided to the Reporting Party shall be redacted of identifying information of any person other than the Reporting Party. In cases where there are multiple Reports, each Reporting Party will only receive the portion of the Investigator’s Report that relates to their allegation.

10.12   In a circumstance in which an Investigation Report has not been prepared (for example, the employee quit or was terminated without the necessity of a full investigation), the Reporting Party shall be advised that no Investigation Report was prepared.

10.13   Where the Responsible Authority imposes disciplinary or remedial measures on a Respondent employee, the Reporting Party shall be informed of the disciplinary and remedial measures imposed in response to their Report. The Reporting Party shall keep the decision confidential, except to the extent that it is necessary to share information to enforce the disciplinary/remedial measures.

Procedure for Investigating Formal Reports where the Respondent is a Student

Written Notice to Student Respondent

10.14   Within five (5) business days of receiving the Report, the Responsible Authority shall provide written notice to the Respondent which includes:

1. A summary of the allegations and that an investigation will be initiated
2. Information about the investigation process
3. A copy of this Policy
4. A direction that any direct or indirect reprisal against the Reporting Party constitutes a disciplinable breach of this Policy
5. A direction to keep the Report confidential in order to maintain the integrity of the process, and
6. Contact information for the Student Life Office.

Notice to Reporting Party

10.15   The Reporting Party and the Sexual Violence Prevention and Response Advocate shall receive a copy of the Notice sent to the Respondent.

10.16   The Reporting Party may elect or request to receive all communications from StFX and/or the Investigator, through the Sexual Violence Prevention and Response Advocate rather than directly.

Investigator May Summarily Dismiss Report

10.17   The Investigator may dismiss the allegations summarily, if the Investigator finds that the Report is frivolous, vexatious or made in bad faith. There is no appeal of this decision.

10.18   In cases where the Investigator dismisses the Report summarily, the Investigator’s Report shall provide the factual basis and reasons for the summary dismissal.

Role of Support Persons for Reporting Party and Student Respondents

10.19   In addition to any support offered by the Sexual Violence Prevention and Response Advocate (for the Reporting Party) and the Student Life Office (for Respondents), Reporting Parties and Respondents may be supported by a trusted person, including legal counsel, in the investigation.

10.20   Support persons may not speak for the party. Evidence about what happened, whether in written or oral form, must be provided by the party directly. Letters or written submissions on behalf of a party will not be received as evidence in the investigation.

10.21   The role of legal counsel or a support person may include:

• Emotional support for the Reporting Party or Respondent
• Supporting the Reporting Party or Respondent in preparing to tell their evidence to the Investigator
• Assisting the Reporting Party or Respondent in interview(s) with the Investigator, as permitted by the Investigator, for example by asking questions where the Reporting Party or Respondent forgets key information due to the stress of the process
• Observing the investigation interview(s), including with a view to issues of procedural fairness
• Asking questions of the Investigator relating to timing and next steps in the process, however, the Investigator may refuse to permit such process-type questions from a support person who unduly interrupts or is otherwise disruptive to the investigation.

Investigator Determines Investigation

10.22   The Investigator shall independently develop the approach to the investigation, which will include interviewing the parties and any witnesses as determined by the Investigator.

10.23   The Investigator may require production of relevant documents from the parties or witnesses, such as texts, emails, or other social media or recorded evidence.

10.24   The Investigator shall communicate with the Reporting Party, Respondent and witnesses, to schedule interviews and receive documents, if any.

10.25   Interviews with the Investigator may be held off campus if the Investigator determines it is necessary to maintain the confidentiality and integrity of the investigation after considering the views of the parties.

10.26   Where a Reporting Party has submitted a written statement, the Investigator may require the Respondent to prepare a written response, prior to conducting interviews.

10.27   The Investigator may conduct multiple interviews with each party and witnesses.

Each Party has the Right to Know and Respond to Evidence

10.28   Each party has the right to know and respond to the evidence. The Respondent shall be provided with the Reporting Party’s written Report, statement obtained in the interview, or summary of the interview, and an opportunity to respond. The Reporting Party shall be provided with the Respondent’s written response, statement obtained in the interview, or summary of the interview, and an opportunity to respond. The Investigator will provide both parties with a reasonable opportunity to respond to any new information obtained during the Investigation, including statements of witnesses and documentary evidence.

10.29   If the parties have copies of texts, emails, social media, video recordings or campus security or residence incident reports or other similar documents related to the allegations, these should be produced to the Investigator.

10.30   If a party does not produce relevant documents prior to the interviews as described above, the Investigator may refuse to accept the evidence or may draw an adverse inference against the party in question.

Opportunity to Pose Questions

10.31   The Investigation is a non-adversarial fact-finding process. In addition to the opportunity to know and respond to the evidence, each party will have the opportunity to pose questions to the Investigator, that the Investigator may consider asking of the other party or witness. The Investigator will determine whether those questions are relevant, appropriate and/or will assist in the investigation. Questions about previous sexual history will not be permitted unless the investigator deems them necessary. Rationale for allowing questions about sexual history will be provided in the investigators report.

Process May be Iterative

10.32   The Investigator may request follow-up meetings with and/or additional written responses from either or both of the Reporting Party and Respondent.

Reporting Party May Withdraw from the Process

10.33   The Reporting Party may withdraw from the formal Report process at any time. If a Reporting Party withdraws their participation in the formal Reporting process, StFX may continue with the Investigation or suspend, close or end the Investigation, depending on factors which include the health and safety of the Reporting Party, the nature of the allegations, and whether there is sufficient information available to the Investigator to proceed with the Investigation.

Adverse Inference from Respondent’s Failure to Participate

10.34   If a Respondent refuses to participate in an Investigation, the Investigator may determine the findings on the basis of the information provided by the Reporting Party.

10.35   Where an Investigator draws an adverse inference arising from a Respondent’s failure to participate, the Investigator must make the impact of the adverse inference clear in the reasons contained in the Investigator’s Report.

Timeline for Completion of Report

10.36   The Investigation should be completed in as timely a way as possible, with the goal of completing the Investigation within 30 days following the appointment of an Investigator. StFX recognizes, however, that timelines cannot be fixed due to numerous factors that may impact the progress of an Investigation, including the health of the participants.

10.37   If the Investigation is not complete 30 days following the appointment of the Investigator, the Investigator shall update the Responsible Authority and the parties on the progress of the Investigation on the 30th day following the appointment, and every two weeks thereafter.

Investigator’s Report

10.38   At the completion of the Investigation, the Investigator shall prepare a Report that contains:

1. A description of the evidence of all witnesses and any documentary evidenced relied on
2. A discussion of the findings of fact
3. A discussion of the findings of credibility with reference to the evidence
4. A determination as to whether, on a balance of probabilities, any act of sexual violence prohibited by this Policy occurred, and
5. The reasons for the findings of fact and any finding of breach of this Policy (and any related policy).

10.39   The Investigator’s Report constitutes the findings and the reasons for the finding, on which any Review of the findings will be conducted. The Report accordingly must provide a sufficiently detailed explanation of the facts and analysis to enable the parties and any reviewing body to understand the decision and the basis for the decision.

10.40   A copy of the Investigation Report shall be provided to the Responsible Authority, the Reporting Party, and the Respondent. Copies of the Report provided to the parties shall be redacted of identifying information of any person other than the person receiving the Report.

10.41   In cases where there are multiple Reports, each Reporting Party will only receive the portion of the Investigator’s Report that relates to their allegation(s).

10.32   The Responsible Authority may seek further information or clarification from the Investigator before accepting the Investigator’s Report.

10.43   Any additional information or clarifications relevant to the Investigation provided to the Responsible Authority by the Investigator, or any additional findings, shall be communicated to the parties in writing by the Investigator and, where appropriate, the parties shall be given an opportunity to respond.

Decision by Responsible Authority: Discipline and Remedial Measures

10.44   Prior to issuing a decision, the Responsible Authority may request a review of the Investigator’s Report by the Sexual Violence Review Panel (SVRP), see s.11.5, on the following grounds:

1. There was a serious procedural error that caused prejudice to one of the parties;
2. The Investigator’s findings of facts are clearly unsupportable on the evidence; or
3. The Investigator’s decision as to whether a breach of the Policy occurred is clearly unsupportable on the basis of the findings of facts in the Investigation Report.

10.45   The Responsible Authority will request a written review in accordance with s. 11.7 (i) to (iv). This request will suspend the timelines in s.10.48

10.46   The parties and the Responsible Authority may make written submissions to the SVRP on the grounds of review.

10.47   If the SVRP determines that any of the grounds of review set out in s. 10.43 are proven, the SVRP may make a decision in accordance with s. 11.12 (i) to (iv).

10.48   Sections 11.8, 11.14 and 11.15 apply to a request for review by the Responsible Authority

10.49   Within 5 business days of receipt of the Investigation Report, the parties may make written submissions to the Responsible Authority with respect to appropriate discipline and/or remedies, if a breach of this Policy was found to have occurred. A Reporting Party may include in the submission the impact of the sexual violence on the Reporting Party.

10.50   Upon receiving the Investigator’s Report, and the written submissions of the parties, the Responsible Authority will review the Report and determine the appropriate discipline and/or remedial measures.

10.51   In making this determination, the Responsible Authority may consult with other persons as necessary, such as in the case of students, the Director of Student Life.

10.52   The Responsible Authority has the exclusive jurisdiction to impose discipline and remedial measures.

10.53   Disciplinary measures for a finding of a breach of the Policy may include, but are not limited to the following:

For Students:

• Written warning or reprimand
• Probation
• Behavioural contract, the breach of which will result in discipline, including
  • no contact/no communication directives;
  • restricting access to all or parts of the StFX campus;
• Suspension or denial of university privileges, including suspension or removal of a student from a sports team
• Restrictions on accessing all or parts of the StFX campus
• Suspension or Expulsion

For Employees:

• Written warning/reprimand
• Employment suspension
• Termination from employment

10.54   Remedial measures include:

For Students:

• Voluntary Written Apology
• Education or Training
• Residence relocation
• Residence Suspension
• Restrictions on accessing all or parts of the StFX campus
• Removal from a course or section of a course

For Employees:

• Employment relocation or reassignment
• Restrictions on accessing all or parts of the StFX campus
• Supervision or oversight of teaching/learning/work environment by StFX

10.55   In determining disciplinary or remedial measures, the Responsible Authority may consider:

1. • The sanction or remedy sought by the Reporting Party
   • The principle of progressive discipline
   • The university’s role as an educational institution
   • The nature and severity of the incident
   • The impact of the conduct on the Reporting Party’s continued education or employment at StFX
   • The impact of the conduct on the StFX community
   • The university’s commitment to zero tolerance of Sexual Violence
   • The university’s commitment to reducing the barriers to reporting

10.56   Within two (2) business days of receipt of submissions from the parties, the Responsible Authority shall issue a written decision setting out the disciplinary and/or remedial measures ordered by StFX. The decision will include the reasons for the measures imposed and the information relied on in making that decision.

10.57   A copy of the decision on disciplinary and remedial measures shall be provided to the Respondent. A copy of the decision on disciplinary or remedial measures will also be provided to the Reporting Party. Confidential information about any previous discipline may be redacted from the copy of the decision provided to the Reporting Party. The Reporting Party shall keep the decision confidential, except to the extent that it is necessary to share information to enforce the disciplinary/remedial measures.

Student Respondents Not Permitted To Withdraw from StFX During an Investigation

10.58   A Respondent student will not be permitted to formally withdraw from StFX during an ongoing investigation and discipline process under this Policy. If a student is found to have breached the policy, the disciplinary measure may be noted on the student’s transcript in accordance with the Academic Calendar.

Student Respondents Not Provided Academic Transcripts Directly During an Investigation

10.59   While under Investigation for a breach of this Policy, a student Respondent will not be issued academic transcripts directly, but, at the student’s request, these transcripts will be sent to institutions or potential employers. If the student is subsequently disciplined and this is reflected on the student’s transcript, the recipients of the transcript will be issued a revised transcript.

Review Of The Investigator’s Findings And The Responsible Authority’s Decision On Discipline Or Remedial Measures Involving A Student Respondent

11.1   The process for Review of the Investigator’s findings and/or the discipline/remedial measures in cases involving a student Respondent is as follows. Either a Reporting Party or Respondent may seek to Review the decision of the Responsible Authority. A Review is initiated by a request in writing to the Responsible Authority.

11.2   Review under this Policy is not a hearing or re-hearing of the evidence and is limited to the grounds of review below. In most cases, the Review will be heard in writing only.

11.3   Any disciplinary or remedial measures ordered by the Responsible Authority will remain in force until the Review is decided.

11.4   A Reporting Party or Respondent may request a Review of a finding of breach of this Policy by the Investigator or the disciplinary or remedial measures ordered by the Responsible Authority, on the following grounds:

1. There was a serious procedural error that caused prejudice to the party seeking the review
2. The investigator’s decision as to whether a breach of the Policy occurred is clearly unsupportable on the basis of the findings of fact contained in the Investigation Report
3. New facts relevant to the final determination are available, that were not available during the investigation, or
4. The discipline or remedial measures are unreasonable. 

11.5   The Review will be carried out by the Sexual Violence Review Panel (SVRP), which shall be comprised of three persons appointed by the President as follows:

1. 1. An external lawyer who has experience in administrative law, procedural fairness, gender-based violence and sexual harassment and sexual assault law, and
   2. Two members of the SVRP roster of faculty and administrators established by the President, who have training or experience in this Policy, procedural fairness, gender-based violence and the law of sexual assault and sexual harassment.

11.6   Requests for Review must be made in writing and submitted to the Responsible Authority within 10 business days of the decision of the Responsible Authority.

11.7   The written request for Review must provide:

1. 1. A statement for the grounds of Review
   2. A statement of the facts relevant to the grounds for Review
   3. A statement of the remedy or relief sought
   4. Copies of relevant documents that support the Review, and
   5. In the event of fresh evidence that was not available at the time of the investigation, copies of that evidence or witness statements.

11.8   The SVRP may summarily dismiss a Request for Review that it determines does not raise a valid ground of review.

11.9   If new evidence is provided to the SVRP, the responding party to the Review (whether the Reporting Party or the Respondent) shall be given notice of that new evidence and an opportunity to respond.

11.10   In circumstances where the discipline order is a suspension or expulsion, the SVRP shall convene a review with oral submissions at the request of the Respondent. In other cases, the SVRP has the discretion to hear oral or written submissions from the Reporting Party or Respondent on the grounds of review.

11.11   The Reporting Party will be provided notice of any SVRP hearing and will be entitled to make submissions, should the Reporting Party wish to participate.

11.12   If the SVRP determines that any of the grounds of Review set out in s. 11.4 are proven in relation to the Investigator’s findings, the SVRP may, depending on the reasons for decision and the circumstances of the case before it:

1. 1. Refer the matter back to the Investigator for reconsideration
   2. Require that a fresh investigation be undertaken and direct the Responsible Authority to appoint a new Investigator
   3. Order that any Immediate Measures in place during the investigation continue
   4. Direct the Responsible Authority to determine whether any Immediate Measures should be imposed pending the re-investigation, and/or
   5. Suspend any discipline or remedial measures ordered as a result of the finding.

11.13   If the SVRP determines that any of the grounds of Review set out in 11.4 are proven in relation to the discipline or remedial measures, the SVRP may:

1. 1. Uphold the discipline or remedial measures ordered, or
   2. Modify or reverse the discipline or remedial measure and substitute its own decision.

11.14   The SVRP shall issue its decision in writing to the responsible authority. The decision shall include an explanation of the basis and reasons for the decision in relation to each ground of Review put before the SVRP.

11.15   the responsible authority will share the decision of the SVRP to the SVPRA and the Director of Student Life in instances when the reporting and responding parties are students.

11.16   The decision of the SVRP shall be final. 

Parallel Criminal Proceedings

12.1   Where a student Respondent has been charged criminally for a sexual violence related offence, StFX will suspend any ongoing investigation under this Policy until resolution of the criminal charge, unless:

1. • The investigation is complete (all interviews are finished)
   • The police or Crown do not object to StFX commencing or continuing the investigation and the student Respondent consents, or
   • Exceptional circumstances exist, such as relating to the health and safety of the Reporting Party or campus community that is not otherwise addressed by any criminal conditions or Immediate Measures imposed.

12.2   Where an employee of StFX has been charged criminally for a sexual violence related offence, StFX may choose, after consultation with the Survivor, to continue or suspend any investigation or alternative resolution process under this Policy, as determined appropriate by StFX.

12.3   A Respondent is required to provide to StFX information on any current criminal charges faced by the Respondent and criminal conditions, such as bail or conditions of release, relating to the incident(s) of sexual violence that is the subject matter of the Disclosure or Report. For student respondents this information is to be submitted to the Student Life Office, for Employee respondents this information is to be submitted to the Human Resources Department.

Third Party Or Anonymous Reporting

13.1   Where a person witnesses or has reasonable concerns about an incident(s) of sexual violence, they may submit written or oral information to the Sexual Violence Prevention and Response Advocate.

13.2   A Third Party Report is where information about an incident of sexual violence is shared by an identifiable person who is not the Survivor/person who directly experienced the sexual violence. Where the information relates to an identifiable or identified Survivor, the consent of that Survivor should be sought before the information is provided to StFX.

13.3   An Anonymous Report is where information about an incident of sexual violence is shared in a form that is anonymous, for example when the Sexual Violence Prevention and Response Advocate receives a written submission with no name attached to it, or a person visits the Advocate but will not disclose their name. An Anonymous Report may be made by a Survivor or a Third Party.

13.4   StFX may be unable to investigate an Anonymous or Third Party Report due to lack of information or out of respect for the individual impacted by the sexual violence who has decided not to come forward.

13.5   Examples of where StFX may initiate its own investigation following one or more Third Party or Anonymous Reports include where there is social media or other evidence documenting sexual violence and/or where persons witnessed sexual violence against a person who was incapacitated, unconscious or asleep. Where there are multiple Disclosures and one or more persons has made a formal Report but others have only made a confidential Disclosure, StFX may investigate the totality of the conduct by the Respondent, including by revealing the confidential Disclosures to an investigator in the course of the investigation or by asking those who made confidential Disclosures to participate in the investigation.

13.6   Where StFX receives multiple Third Party or Anonymous Reports, StFX may also explore what steps may be taken short of an investigation (which would require release of the identity or identities of the Survivor(s)), such as targeted education and training, and/or increased campus security or monitoring of specified locations or events.

13.7   Where StFX proceeds with an investigation following a Third Party or Anonymous Report, the Survivor has the right to choose not to participate. StFX will consult with that person, if they are willing, on the risks or concerns to them in response to the investigation and how those risks can be minimized or addressed. A refusal by the Survivor to participate, however, may impede the ability of StFX to meaningfully investigate.

13.8   The Sexual Violence Prevention and Response Advocate shall maintain data on Anonymous or Third Party Reports.

13.9   Information provided by third party or anonymous sources may inform training or education to address systemic concerns or other policy changes at StFX.

Prohibition On Sexual Activity Between University Employees And Students

Prohibition on Sexual Activity

14.1   Sexual activity between a student and a member of the Teaching Staff are prohibited when the staff member:

1. 1. Is in a position of academic authority over the student
   2. Might in the foreseeable future be in a position to exercise authority over a student
   3. Has or may have an influence over the student’s academic progression or
   4. Collaborates academically with the student.

14.2   Sexual Activity between a student and University Leadership Employees (President, Vice President(s), Associate Vice President(s), Dean(s) and Director(s)) are prohibited.

14.3   Sexual Activity between student athletes and any member of the coaching staff of Varsity Athletic Teams are prohibited.

14.4   Sexual Activity between a student and University Employees (not included in s.14.1, 14.2 and 14.3 above) may be prohibited on the basis of position responsibilities. This prohibition will be identified as part of the employment obligations for these positions.

Other Sexual Activity Strongly Discouraged

14.5   Sexual Activity between Teaching Staff and students, in circumstances other than those described and prohibited in s.14.1 above, are strongly discouraged.

Mandatory Declaration

14.6   If a member of the Teaching Staff and a student engage in Sexual Activity, the Teaching Staff member must declare this engagement within 48 hours of the occurrence.

14.7   A Declaration pursuant to s.14.6 is to be made to the Academic Vice President in the prescribed form.

14.8   A Declaration made pursuant to s. 14.5 shall not be disclosed or used without the consent of the Teaching Staff except:

1. 1. to ensure ongoing compliance with this Policy, and in particular s. 14.1;
   2. to determine whether this Policy has been breached;
   3. in any investigation or proceeding arising out of a breach or potential breach of this Policy or any other University Policy or Collective Agreement;
   4. as required by law.

14.9   Teaching Staff may request the Academic Vice President remove a s.14.5 declaration from the Academic Vice President’s file when all of the following conditions are met:

1. 1. It has been at least four years since the disclosure was made;
   2. The student is no longer a current StFX student; and
   3. The Teaching Staff has not breached this Policy.

14.10   Upon the implementation of this Policy, all Teaching Staff must declare past and current sexual activity with any current StFX students in a timely manner in accordance with s.14.7 above, whether or not the sexual activity occurred or commenced prior to the implementation of this Policy.

Application to Graduate Students

14.11   This Policy does not apply to Sexual Activity between graduate students who also hold teaching positions, so long as one of the graduate students is not in a position of authority over the other graduate student.

Presumption of Policy Breach

14.12   Where a Teaching Staff member fails to disclose Sexual Activity with a student in accordance with this Policy, it is presumed that the relations are a breach of this Policy.

Collection And Use Of Information

1.  

15.1   StFX collects personal information under this Policy for the purposes of:

1. 1. Ensuring the safety of individuals and the university community
   2. Respecting and protecting the rights of individuals at the university, including under the Nova Scotia Human Rights Act and Occupational Health and Safety Act
   3. Respecting and enforcing the rights of persons who Disclose or Report sexual violence in accordance with the Nova Scotia Human Rights Act, including the right to an appropriate and fair procedure in response to a Report of sexual violence, the right to know the outcome of that process and the right to challenge the procedure or outcome, whether internally or through other legal remedies
   4. Respecting and enforcing the rights of persons who are Respondents to Disclosures or Reports sexual violence, including the right to an appropriate and fair procedure in response to a Report of sexual violence, the right to know the outcome of that process and the right to challenge the procedure or outcome, whether internally or through other legal remedies
   5. Ensuring the integrity and fairness of the processes under this Policy
   6. Providing appropriate information to the Survivor or Reporting Party and Respondent
   7. Receiving Disclosures and responding to Disclosures of sexual violence
   8. Conducting an investigation or proceeding that could lead to a disciplinary or remedial measure, and
   9. Collection of data on sexual violence that will be de-identified/aggregated.

Aggregate Data Collection

16.1   The Sexual Violence Prevention and Response Advocate shall maintain aggregate data, which shall be published annually, on:

1. 1. The number of Disclosures received
   2. The nature of the Disclosures in terms of whether they involved:
      • sexual assault
      • sexual harassment
      • social or electronic media
      • on or off campus incidents (or other/not known)
      • whether the identity of the Respondent was disclosed
      • alternative measures requested or accessed.
   3. The number of Disclosures that involved allegations of student peer-on-peer sexual violence
   4. The number of Anonymous and Third Party Reports
   5. The number of Disclosures that proceeded to a formal Report, and
   6. The outcome of those Reports (finding/no finding) at the investigation stage and/or on Review.

16.2   The Sexual Violence Prevention and Response Advocate should also Report annually on information on any observable trends.

16.3   The data published by the Sexual Violence Prevention and Response Advocate shall not disclose any personal identifying information.

Related Materials

1. https://www.stfx.ca/student-services/support-services/visible-at-x