Procedure for Reporting and Responding to Sexual Assault and Sexual Violence

All members of the College community have a right to work and study in an environment that is free from any form of sexual violence. This policy sets out the way in which we address sexual violence. It ensures that those who experience sexual violence are believed, and appropriately accommodated and ensures the College has a process of investigation that protects the rights of individuals and holds individuals who have committed an act of sexual violence accountable.

This procedure applies to all members of the College community including all employees, governors, students, contractors, and suppliers of services, individuals who are directly connected to any College initiatives, volunteers, and visitors.

Acquaintance sexual assault: Sexual contact that is forced, manipulated, or coerced by a partner, friend, or acquaintance.

Age of consent for sexual activity: The age at which a person can legally consent to sexual activity. In Canada, children under 12 can never legally consent to sexual acts. Sixteen is the legal age of consent for sexual acts. There are variations on the age of consent for adolescents who are close in age between the ages of 12 and 16. Twelve- and 13-year-olds can consent to have sex with other youth who are less than two years older than themselves. Youth who are 14 and 15 years old may consent to sexual involvement that is mutual with a person who is less than five years older. Youths 16 and 17 years old may legally consent to sexual acts with someone who is not in a position of trust or authority.

Coercion: In the context of sexual violence, coercion is an unreasonable and persistent pressure for sexual activity. Coercion is the use of emotional manipulation, blackmail, threats to family or friends, or the promise of rewards or special treatment, to persuade someone to do something they do not wish to do, such as being sexual or performing particular sexual acts.

Complainant: The person(s) who brings forward a violation of this Policy. Note: The use of “complainant” is the accepted terminology as per the Ontario Human Rights Commission.

Consent: The voluntary and explicit agreement to engage in the sexual activity in question. It is the act of willingly agreeing to engage in specific sexual behaviour, and requires that a person is able to freely choose between two options: yes and no. This means that there must be an understandable exchange of affirmative words, which indicates a willingness to participate in mutually agreed upon sexual activity. It is also imperative that everyone understands the following:

• Silence or non-communication must never be interpreted as consent and a person in a state of diminished judgment cannot consent.
• A person is incapable of giving consent if they are asleep, unconscious, or otherwise unable to communicate.
• A person who has been threatened or coerced (i.e. is not agreeing voluntarily) into engaging in the sexual activity is not consenting to it.
• A person who is incapacitated due to the consumption of drugs or alcohol cannot give consent.
• A person may be unable to give consent if they have a mental disability preventing them from fully understanding sexual acts.
• The fact that consent was given in the past to a sexual or dating relationship does not mean that consent is deemed to exist for all future sexual activity.
• A person can withdraw consent at any time during the course of a sexual encounter.
• A person cannot give consent to a person in a position of trust, power, or authority.
• Consent cannot be given on behalf of another person.

Disclosure: a disclosure or to disclose refers to when someone informs or tells their lived sexual violence experience to a member of the College Community. A disclosure does not constitute a report/complaint.

Drug-facilitated sexual assault: The use of alcohol and/or drugs (prescription or non-prescription) by a perpetrator to control, overpower or subdue a victim for purposes of sexual assault.

Minor: As defined by Ontario’s Age of Majority and Accountability Act: Every person attains the age of majority and ceases to be a minor on attaining the age of eighteen years. R.S.O. 1990, c. A.7, s. 1.

Respondent: refers to an individual against whom a complaint has been made under this Policy.

Sexual assault: A criminal offence under the Criminal Code of Canada. Sexual assault is any type of unwanted physical contact with a sexual connotation done by one person to another, that violates the sexual integrity of the victim, and involves a range of behaviours from any unwanted touching to penetration. Sexual assault is characterized by a broad range of behaviours that involve the use of force, threats, or control towards a person, which makes that person feel uncomfortable, distressed, frightened, threatened, or that is carried out in circumstances in which the person has not freely agreed, consented to, or is incapable of consenting to.

Sexual Misconduct: physical sexual relations with an individual, touching of sexual nature or behaviour or remarks of a sexual nature where:

• the act constitutes an offence under the Criminal Code
• the act infringes the right of the individual under clause 7 (3)(a) of the Human Rights Code to be free from a sexual solicitation or advance.

Sexual violence: Any sexual act or act targeting a person’s sexuality, gender identity or gender expression, whether the act is physical or psychological in nature, that is committed, threatened, or attempted against a person without the person’s consent, and includes sexual assault, sexual harassment, stalking, indecent exposure, voyeurism, and sexual exploitation.

Stalking: A form of criminal harassment prohibited by the Criminal Code of Canada. It involves behaviours that instill fear in the victim or threaten the victim/target’s safety or mental health. Stalking can include following, communicating with or watching over one’s dwelling or home, threats of harm to the target’s friends and/or family. These behaviours include but are not limited to non-consensual communications (face to face, phone, digital messaging, email, social media); threatening or obscene gestures; surveillance; sending unsolicited gifts; “creeping” via social media/cyber-stalking; and uttering threats.

Survivor: Someone who has experienced sexual violence may choose to identify as a survivor. Others may prefer the term “victim”. This document uses “survivor” because some who have experienced sexual assault believe they have overcome the violent experiences and do not wish to self-identify as victims. However, persons who have experienced sexual violence have the prerogative to self-identify as they wish.

The College’s commitment to those who have experienced and/or been affected by sexual violence is as follows:

• be treated with dignity and respect;
• be believed;
• be informed about on and off-campus services and resources;
• decide whether or not to access available services and to choose those services they feel will be most beneficial;
• decide whether to report to campus security and/or local police; This does not circumvent the College’s responsibility to inform those deemed appropriate, to work towards the safety of the College community;
• assist in safety planning, with reasonable and necessary actions taken to provide resources, emergency numbers and a plan in case or emergency provide counselling, supports and resources.

If you have experienced or have been affected by sexual violence

1. Immediate Response.
   1. Go to a safe place.
      1. Call or go to a trusted individual or friend.
      2. Call Campus Security Services:
         • 705-566-8101, ext. 7911
         • available 24 hours a day, 7 days a week; or Call Emergency Services at 911.
      3. Seek medical Services if necessary: medical attention can include a complete medical evaluation can include evidence collection, a physical examination, and treatment. If possible, do not change your clothes, bathe, brush your teeth, wash your hands, or use the toilet until the evidence on your body and clothes has been collected. Please note you have the opportunity to choose whether to continue or stop the medical examination at any time during the process.
      4. Sudbury: Health Sciences North Emergency Department triage located at 41 Ramsey Lake Road.
      5. Espanola: Espanola Regional Hospital and Health Centre located at 825 McKinnon Drive.
      6. Little Current: Manitoulin Health Centre located at 11 Meredith Street.
2. Seek out Counselling and other supports.
   1. Violence Intervention and Prevention Program (VIPP):
      1. 705-675-4743: VIPP is a 24/7
      2. Program that provides acute care, treatment and counselling to persons who have been victimized by sexual assault and domestic violence.
      3. The program also provides assessment and treatment for child physical abuse.
   2. Counselling Services: Glenn Crombie Centre:
      1. counselling@cambriancollege.ca
   3. Voices for Women – Sudbury Sexual Assault Centre:
      1. 705-671-5495
      2. 96 Larch Street, Suite 305 Sudbury, ON P3E 1C1
      3. https://voicesforwomen.ca/
      4. Hours of Operation – Monday to Friday, 9:00 a.m. to 5:00 p.m.
   4. Assaulted Women’s Helpline:
      1. 1-866-863-0511.
      2. http://www.awhl.org
      3. The helpline is available 24hrs/day, 7 days a week and services are available in 200 languages.
   5. Talk4healing:
      1. 1-855-554-HEAL (4325)
      2. http://www.talk4healing.com
      3. Talk4healing is a free and culturally safe telephone line for Aboriginal women living in Northern Ontario.
   6. Sexual Assault Crisis Line for Men:
      1. 24/7 at 1-866-887-0015.
   7. Wabnode, Centre for Indigenous Services:
      1. 705-566-8101, ext. 7700 or room 2133.
3. Filing a Report
   1. We strongly encourage you to disclose and report incidents of sexual violence; however, it is entirely up to you if you choose to do so.  Anyone affected by sexual violence are not required to report an incident, or make a complaint about sexual violence, in order to obtain supports.
   2. If you would like to make a formal or informal report of sexual violence, contact.
      1. Campus Security Services:
         • 705-566-8101, ext. 7298 or 7911 after 4:30 p.m. on weekdays or anytime on weekends.
      2. Local Police Services:
         • Sudbury: call 705-675-9171.
         • Little Current and Espanola: call 1-888-310-1122.
      3. Office of Equity, Diversity, and Inclusion:
         • 705-566-8101, ext. 6299
         • Email: equity@cambriancollege.ca
      4. Supervisor, if you are an employee of the College, or you may make a formal college report as well as a formal police report.
4. Investigating the Complaint/Formal Investigation
   1. Consider reporting when a complaint/report is submitted When a report or complaint is made to the college, the Sexual Violence Policy and Procedure will be followed. Depending on the circumstances, non-criminal options may include, but are not limited to: “no contact” undertakings with the alleged assailant, on or off-campus safety planning, class scheduling and other academic accommodations, and/or workplace accommodations.
      1. Campus Security Services may impose or facilitate interim measures to restrict access to some college facilities by the alleged perpetrator where the College determines there may be a safety risk.
      2. If either the victim/survivor or the alleged perpetrator is a student living in Residence, the College may take immediate steps to protect the survivor/victim and potential witnesses, the College community, or any of its members.
      3. If the survivor/complainant or alleged perpetrator/respondent is an employee of the College, the College may impose or facilitate interim measures such as, but not limited to, moving the respondent to a different department, or placing the respondent on an administrative leave of absence pending the investigation and resolution of the complaint.
   2. The use of college administrative processes does not preclude the use of other options outside the College such as criminal proceedings.

What to do if you have witnessed sexual violence

1. If you witness sexual violence, please call or visit:
   1. Campus Security Services:
      1. 705-566-8101, ext. 7911, room 2036, or
   2. Manager, Equity, Diversity, and Inclusion:
      1. 705- 566-8101, ext. 7235, room 4089E, or
   3. Wabnode, Centre for Indigenous Services:
      1. 705-566-8101, ext. 7700 or room 2133.
2. If an employee of the College witnesses what they believe to be an incident of sexual violence against another member of the College community, the employee is required to report the incident to their supervisor or that person’s supervisor.

What to do if someone discloses allegations of sexual violence

1. A person may choose to confide in someone about an act of sexual violence, such as a student, instructor, teaching assistant, coach, or staff from residence, counselling, or security. A supportive response involves:
   1. listening without judgement and accepting the disclosure as true;
   2. communicating that sexual violence is never the responsibility of the survivor/victim;
   3. helping the individual identify and/or access available on or off-campus services, including emergency medical care and counselling;
   4. respecting the individual’s to or to not report the incident;
   5. recognizing that disclosing can be traumatic;
   6. respecting the individual’s choices as to what and how much they disclose about their experience; and
   7. respecting confidentiality and anonymity
2. If disclosure is made to an employee by a student seeking support or academic accommodation, the employee should refer the student to the Glenn Crombie Centre for Student Support, and work with the Glenn Crombie Centre staff to ensure that the student receives all necessary academic and other accommodations.
3. If an employee of the College becomes aware of an allegation of sexual violence against another member of the College community, the employee is required to report the incident to their supervisor or that person’s supervisor.

Communicating with individuals who have experienced or been affected by sexual violence

Sensitive and timely communication with individuals who have experienced or been affected by sexual violence and their family members (when an individual consents to this communication) is a central part of the College’s first response to sexual violence. To facilitate communication the College will:

1. Ensure that the Manager, Equity, Diversity and Inclusion is knowledgeable about sexual violence, and is responsible for advocacy on campus on behalf of the person affected by sexual violence;
2. Ensure designated staff members respond in a prompt, compassionate, and personalized fashion; and
3. Ensure that both the person who has experienced sexual violence, and the respondent, are provided with reasonable updates about the status of the College’s investigation of the incident when such investigations are undertaken.

Roles and responsibilities of the College Community

While everyone on campus has a role to play in responding to incidents of sexual violence, some campus members will have specific responsibilities which might include:

1. On-campus health supports to provide psychological and emotional support, assist with safety planning, provide and/or make referrals to other services including medical services.
2. Faculty, staff, and administrators to facilitate academic accommodations and other needs of those who have experienced or been affected by sexual violence, e.g., extensions on assignments, continuing studies from home, and dropping courses.
3. Residence staff to facilitate safe living arrangements to the best of their abilities.
4. Human Resources to assist with any incidents relating to employees.
5. Security to assist with investigations and gathering evidence, safety, and implement measures to reduce sexual violence on campus, and to collaborate with local police where appropriate.
6. All members of the College community who have witnessed sexual violence have the duty to cooperate with a college investigation.
7. Where the College becomes aware of incidents of sexual violence by or against a member of the College community, that occur on or off College property and pose a risk to the safety of members of the College community, the College shall take all reasonable steps to ensure the safety of the College community.

How will the college respond to a report of sexual violence?

Where a complaint of sexual violence has been reported to the College, the College will exercise care to protect and respect the rights of both the complainant and the respondent. The College understands that individuals who have experienced or been affected by sexual violence may wish to control whether and how their experience will be dealt with by the police and/or the College. In most circumstances, the person will retain this control. A person who has experienced sexual violence may choose not to request an investigation and has the right not to participate in any investigation that may occur. However, in certain circumstances, the College may choose to initiate an internal investigation and/or inform the police of the need for a criminal investigation, even without the person’s consent, if the College believes that the safety of other members of the College community is at risk. The confidentiality and anonymity of the person(s) affected will be prioritized in these circumstances.

A report of sexual violence may also be referred to the police, or to other community resources at the complainant’s request, where the persons involved are not members of the College community or in circumstances where the College is unable to initiate an internal investigation under this Policy.

The College may also decide to use an external investigator when appropriate in the circumstances.

The College adheres to the following in investigating and making decisions about formal complaints. If an entitlement set out below conflicts with something set out in another college policy or procedure, the entitlement set out below shall prevail.

1. Where the Respondent is a Student
   1. Any form of Sexual violence is a violation of the Sexual Violence Policy and Procedure. It is considered a serious offence and will be addressed in a manner which is consistent with other serious offences. Please see the Code of Conduct and related procedures for more details on each disciplinary and appeal process. The Office of Safety and Security is responsible for intake and investigation, and the responsible manager/dean/director/vice president will make decisions with the support of the Manager of Safety and Security.
2. Where the Respondent is an Employee
   1. Sexual violence is a violation of the College’s Code of Conduct. Allegations against employees will be addressed in accordance with the procedures set out in the Sexual Violence Policy, and in any applicable collective agreement, and/or other College policies. If the complaint is sustained following an investigation, the College will decide on the appropriate disciplinary actions consistent with any applicable collective agreement and/or policies regarding discipline. The office of Human Resources is responsible for intake and investigation, and the responsible manager/dean/director/vice president will be responsible for decision making with the support of the Director of Human Resources. There is no formal appeal process for employee violations, though college employees who are members of the union may file a grievance under the collective agreement.
3. Where the respondent is not a student or employee
   1. Contractors, suppliers, volunteers or visitors who attend on campus will be subject to complaints if they engage in prohibited conduct as noted in the SV policy. Where a complaint against the respondent is substantiated, the College will take appropriate action. When the respondent is not a student or employee, the Manager of Safety and Security is responsible for intake and investigation, and the responsible manager/dean/director/vice president will make decisions with the support of the Manager of Safety and Security. There is not appeal process for supplier, volunteer, or visitor violations.
   2. All contractual relationships entered into by the College will be governed by a standard contract compliance clause stating that contractors must comply with this Policy and the Ontario Human Rights Code, including co-operating in investigations. Breach of the clause may result in penalties, cancellation, or other sanctions.
4. Multiple Proceedings
   1. Where criminal and/or civil proceedings are commenced in respect of the allegations of sexual violence, the College shall conduct its own independent investigation into such allegations and will make its own determination in accordance with its policies and procedures. Where there is an ongoing criminal investigation, the College will cooperate with the local police.
5. Support and Representation
   1. Complainants and respondents may attend meetings with a single (non-participating) support person. The College considers requests to attend meetings with additional support persons and with legal or other representation on a case-by-case basis, with a view to promoting a fair and expeditious process. The College may still question and expect direct answers from an individual who is represented.
6. Interim Measures
   1. The rights and privileges of a respondent may be restricted by the College before it makes a final determination about the alleged misconduct. For example, a respondent may be moved from a complainant’s residence, restricted from entering certain or all parts of campus and restricted from attending class.
   2. Such “interim measures” will be imposed only as necessary to meet the needs and safety of complainants and persons who report incidents of sexual violence The College will also take steps to minimize the impact of interim measures on respondents.
   3. Interim measures are not punishment and do not represent a finding of misconduct. The college may impose interim measures immediately, without a hearing. Respondents may ask the College to review a decision to impose interim measures, but only to address the impact of the imposed measure and the preference for other alternatives.
7. Outcomes
   1. The College will determine, based on its investigation, on a balance of probabilities, what happened and whether it constitutes sexual violence or another form of misconduct. If the College finds there has been misconduct, it will determine the appropriate disciplinary action. Students may face discipline, up to and including expulsion. Employees may face discipline, up to and including discharge. Contractors, suppliers, volunteers, and visitors may face penalties, cancellation of contract and other sanctions. The College may also impose non-punitive measure such as but not limited to restorative justice, sensitivity training, coaching, or reintegration plan.
8. Written decisions
   • The College will inform the complainant and respondent of the results of its investigation in writing. The written decision summary will include a brief description of any corrective action that the College has taken or will take as a result of the investigation.

None

• Violence Intervention and Prevention Program (VIPP) – Health Sciences North
  705-675-4743
  41 Ramsey Lake Road, Sudbury ON
  VIPP is a 24/7 program that provides acute care, treatment and counselling to persons who have been victimized by sexual assault and domestic violence. The program also provides assessment and treatment for child physical abuse.Services include injury assessment and treatment, medical treatment for sexually transmitted infections and pregnancy prevention, photo documentation of injuries, evidence collection (sexual assault kit), counselling and referrals to support services. VIPP also has a role in community advocacy, education, and research to end violence.
• YWCA Genevra House
  705-673-4754
  http://ywcasudbury.ca/programs/genevra-house-shelter
  Support Services for women experiencing abuse by their intimate partners.The team at YWCA Genevra House offers a full range of support programs for the residents of Genevra House and for women in the community. Their programs are available to all women wanting to build a life free from abuse, whether they are staying at Genevra House or living elsewhere. They also provide support to older women experiencing abuse by their live-in caregiver.All of their programs are based on the belief in a woman’s right to make the choices that are best for her.
• Centre Victoria pour Femmes
  705-670-2517
  Fem’aide 1-877-336-2433
  http://www.centrevictoria.ca
  Un service de soutien et de counseling en français pour les femmes touchées par toutes les formes de violence.
• Shkagamik-Kwe Health Centre
  705-675-1596
  http://www.skhc.ca/
  Shkagamik-Kwe Health Centre (SKHC) is an Aboriginal Health Access Centre (AHAC) dedicated to providing equal access to quality health care to First Nation, Métis and Inuit individuals and their families who live in the City of Greater Sudbury, or who reside on Henvey Inlet First Nation, Magnetawan First Nation or Wahnapitae First Nation.They are a culturally based holistic health centre dedicated to balanced and healthy lifestyles. Programs and services support traditional Aboriginal values encompassing the connectedness of emotional, spiritual, physical, and mental well-being.
• Sudbury Women’s Centre
  705-673-1916
  324 Elm Street, Sudbury ON
  https://sudburywc.ca/The Sudbury Women’s Centre is a charitable organization dedicated to serving the needs of women in the Greater Sudbury seeking service in a broad range of areas
• Cambrian College – Women’s Resource Centre
  705-566-8101 ext. 7426
  https://cambriancollege.ca/campus-life/cambrian-womens-resource-centre/The Women’s Resource Centre is located within Cambrian College. It provides information and resources to women including staff, faculty and students. We encourage all women to take action in addressing issues that concern them.
• Assaulted Women’s Helpline
  1-866-863-0511
  http://www.awhl.org
  The helpline is available 24hrs/day, 7 days a week and services are available in 200 languages.
• Talk4healing
  1-855-554-HEAL (4325)
  http://www.talk4healing.comTalk4healing is a free and culturally safe telephone line for Aboriginal women living in Northern Ontario.
• Youthline – LGBTQ
  1-800-268-9688
  http://www.youthline.ca/index.phpThe Lesbian Gay Bi Trans Youth Line is a toll-free service provided by youth for youth. They offer support, information and referrals specific to your concerns. They are here because they want to be there for you – to be part of your community. They may not have lived your experiences exactly, but they can probably relate. They too, are lesbian, gay, bisexual, transgender, transsexual, two-spirit or queer.
• Voices for Women – Sudbury Sexual Assault Centre
  705-671-5495
  96 Larch Street, Suite 305 Sudbury ON
  https://voicesforwomen.ca/
  Hours of Operation – Monday to Friday, 9:00 a.m. to 5:00 p.m.Voices for Women is a free community-based program that provides services to women 16 years of age and older experiencing trauma from historical sexual violence. If you are a woman who has experienced violence in the past and is looking for services, you may contact VOICES directly to set up an intake. VOICE is a women safe space.
• Male Survivors of Sexual Abuse Program Sexual Assault Crisis Line for Men
  1-866-887-0015 – or 705-524-9629 – 24-hour, multilingual, toll-free phone line for immediate crisis and referral.Male survivors of sexual abuse have access to a number of specialized services to help them deal with the impact of abuse, including individual and group counselling; peer support; telephone and online counselling; referrals to other appropriate community support services to meet other long-term needs that clients may have. http://counsellingccs.com/programs/male-survivors-program.html
• Ministry of the Attorney General Victim Support Line
  If you would like to talk with an information and referral counsellor, please call the Victim Support Line at 1- 888-579-2888, or 416-314-2447 in the Greater Toronto Area.
  http://www.attorneygeneral.jus.gov.on.ca/english/ovss/male_support_services/
  http://www.attorneygeneral.jus.gov.on.ca/english/ovss/programs.php#sexualAssault
• Ontario Coalition of Rape Crisis Centres
  Sexual Assault Centres in Ontario offer confidential and free counselling to survivors of recent and historical sexual assault. You can contact a centre to ask about individual or group counselling for survivors of sexual violence.You can also reach a counsellor by phone at any time by calling a sexual assault centre crisis support line. These confidential, 24-hour phone-lines offer someone immediate to talk to, crisis counselling, support, and information for support allies (i.e., parents, partners or friends of survivors), safety planning, information on victim police reporting and medical options, and strategies for coping with flashbacks, memories and feelings.
  http://www.sexualassaultsupport.ca/
• Sudbury and Area Victim Services (SAVS)
  705-522-6970
  http://www.sudburyandareavictimservices.ca/info@savs.caSudbury and Area Victim Services (SAVS) is a non-profit organization that provides immediate crisis assistance, intervention and prevention services which are responsive to the needs of individuals, families, and communities affected by crime, tragic circumstances, and disaster.