Transitional Procedures for Receiving and Responding to Disclosures and Reports of Sexual Violence and Misconduct

Date

March 30, 2017

Revision Date

Number

GP 44 PROCEDURES

Revision No.

TRANSITIONAL PROCEDURES:   

Sexual Violence and Misconduct Prevention, Education and Support Policy

Background

The University is committed to addressing sexual violence and misconduct through education and prevention programs and by providing support for individuals affected, as well as responding appropriately to incidents when they occur.

The Sexual Violence and Misconduct Prevention, Education and Support Policy (“the Policy”) reflects those commitments.  It was approved by the University’s Board of Governors on March 30, 2017.

The Policy builds on the University’s existing processes, supports and educational programs.  It is intended to meet the needs of the University Community and the requirements of BC’s Sexual Violence and Misconduct Policy Act, which requires the University to establish and implement a sexual misconduct policy by May 19, 2017.  The Act states that the policy must address preventative measures related to sexual misconduct and include processes for making and responding to complaints and reports of sexual misconduct.

The Sexual Violence and Misconduct Prevention, Education and Support Policy

Among other things, the Policy (section 5) requires the University to establish a Central Resource Office (“CRO”) as the central point of contact for individuals who have experienced, or who are accused of, sexual violence and misconduct.

The Policy (section 5.2) contemplates that the CRO will provide safe, timely, ongoing and confidential assistance and support, referrals and information to a member of the University Community who has been affected by sexual violence and misconduct, regardless of when or where the incident occurred and will work closely with existing off- and on-campus service units in that regard.

·         Numerous SFU front line service units and staff members currently provide assistance, support and information to members of the University Community who have been affected by sexual violence and misconduct.  This includes but is not limited to Health & Counselling, the Personal Security Officer and Campus Security.

The Policy (section 8.5.b.i) contemplates that where a Report of sexual violence and misconduct is received about a student, the CRO will refer the matter to a student conduct officer in Student Services for follow-up, including initiating an investigation where appropriate.  Similarly, the Policy (section 8.5.b.ii and iii) contemplates that where a Report is received about a member of staff or faculty, the individual’s supervisor and Human Resources or Faculty Relations will be notified and will take the next steps, including initiating an investigation.

·         In general, this part of the Policy reflects the ‘on the ground’ processes that the University has followed in the past and currently follows when it receives a Report of sexual misconduct.

The Policy also tasks the Central Resource Office with developing, in cooperation with relevant partners, a proactive and sustained education plan for the University Community about sexual violence and misconduct, including prevention and response.

·         The University currently offers several educational and preventative initiatives related to sexual misconduct, including Active Bystander training, the ConsentMattersSFU# campaign, videos, pamphlets and workshops on receiving a disclosure.

TRANSITIONAL PROCEDURES

During the period from April 2017 to the fall 2017, the University will engage in the detailed operational planning necessary to implement the new Policy.  Until the implementation period for this Policy has concluded and the CRO is operational, transitional procedures will apply.

The following transitional procedures are in effect as of March 31, 2017 and may be amended from time to time over the coming months as the Policy is implemented:

Existing Services Continue

1.       The existing support and related services provided by the Personal Security Officer, Campus Security, Health & Counselling and all other front line staff and service units will continue.

2.       A student or other member of the University Community who experiences sexual violence or misconduct should seek help from Campus Security and/or the Personal Security Officer and/or the police and/or Health & Counselling as outlined here:  https://www.sfu.ca/sexual-assault/get-help.html

Receiving and Responding to Disclosures

3.       Information on receiving and responding to a Disclosure is outlined here:  https://www.sfu.ca/sexual-assault/how-to-help.html

4.       A student who discloses sexual misconduct should be advised of existing on-campus and off-campus services for assistance and support as outlined here:  https://www.sfu.ca/sexual-assault/get-help.html

5.       An employee who disclose sexual misconduct should be advised of existing on-campus and off-campus services for assistance and support, including the Employee Assistance Program:  https://www.sfu.ca/human-resources/faculty/benefits/efap.html

6.       An SFU employee who receives a Disclosure should inform (without details) the head of their academic or administrative unit, who will in turn inform one of the following (or the person appointed to act in their place):

a.       Vice-Provost and Associate Vice-President Students and International (“AVP Students”);

b.       Associate Vice-President, Human Resources;

c.       Executive Director, Faculty Relations;

d.       General Counsel; or

e.       Chief Safety Officer.

An individual listed in this section who has been informed of a Disclosure will notify the other listed individuals to determine if any steps are required.

Receiving and Responding to Reports

7.       An SFU employee who receives a Report must inform (without details) the head of their academic or administrative unit, who will in turn inform one of the following individuals (or the person appointed to act in their place), all of whom are members of the Incident Oversight Group:

a.       Vice-Provost and Associate Vice-President Students and International (“AVP Students”);

b.       Associate Vice-President, Human Resources;

c.       Executive Director, Faculty Relations;

d.       General Counsel; or

e.       Chief Safety Officer.

An individual listed in this section who has been informed of a Report will notify the other listed individuals, as well as the Executive Director of University Communications, for information and to enable the University to coordinate its response, in accordance with the Group’s critical incident alerts procedure.

8.       If the Respondent about whom a Report is received is a student, the AVP Students and the University’s General Counsel will work together to coordinate the University’s response, including initiating an investigation where appropriate, taking into consideration procedural fairness and any applicable policies and procedures related to student conduct.

9.       If the Respondent about whom a Report is received is a faculty member or another individual covered by the SFUFA Collective Agreement, the University’s General Counsel will notify the Director of Faculty Relations and they will together coordinate the University’s response, including initiating an investigation where appropriate, taking into consideration procedural fairness and any applicable provisions of the collective agreement, as well as any applicable policies and procedures related to employee conduct.

10.   If the Respondent about whom a Report is received is a University employee who is not covered by the SFUFA Collective Agreement, the University’s General Counsel will notify the Associate Vice-President of Human Resources and they will together coordinate the University’s response, including initiating an investigation where appropriate, taking into consideration procedural fairness and any applicable provisions of a collective agreement or human resources policy and any other applicable policies and procedures related to employee conduct.

11.   If the Respondent is a member of the University Community but is not a student or an employee who falls within sections 9 or 10 of these procedures, the University’s General Counsel will notify the Respondent’s supervisor and they will together coordinate the University’s response, including initiating an investigation where appropriate, taking into consideration procedural fairness and any applicable University policies or other relevant documents, such as the Respondent’s employment contract.

Education and Prevention

12.   Until the implementation phase for this Policy concludes, educational programs and preventative initiatives will continue to be provided by the University as outlined here: https://www.sfu.ca/sexual-assault/education-and-prevention.html