G5 – Sexual Violence

Originator: Executive Director, Student Services and Global Partnerships
Approver: President & CEO
Effective: January 1, 2023
Replaces: November 12, 2018

See the Procedures Guide ›

1. Purpose

1.1

Red River College Polytechnic (“RRC Polytech”) is committed to:

1. raising awareness about Sexual Violence/Misconduct, including how to take reasonable steps to prevent and/or respond to incidences of Sexual Violence/Misconduct within the College Community, including through the use of social media and other digital communications;
2. addressing issues related to Consent with respect to members of the College Community engaging in sexual activities;
3. taking reasonable steps to prevent Sexual Violence/Misconduct;
4. reporting incidence of Sexual Violence/Misconduct;
5. providing training on the issues of Sexual Violence; and
6. establishing and operating complaint procedures and response protocols for incidents of Sexual Violence/Misconduct under this Policy.

1.2

The aim of this Policy is to ensure that RRC Polytech:

1. provides guidance, assistance and support to those affected by Sexual Violence/Misconduct occurring in the Workplace or Learning Environment;
2. provides a consistent process to be followed when addressing Sexual Violence/Misconduct in the Workplace or Learning Environment; and
3. ensures that it is fully compliant with the law with respect to matters related to Sexual Violence/Misconduct in the Workplace or Learning Environment.

2. Definitions

2.1

“College Community” includes:

1. current RRC Polytech employees, students and alumni;
2. the RRC Polytech Student’s Association and its employees;
3. members of the Board of Governors;
4. representatives of RRC Polytech partners and agents;
5. visitors to RRC Polytech;
6. tenants of RRC Polytech;
7. persons living in a RRC Polytech residence;
8. independent contractors engaged to perform services by RRC Polytech on RRC Polytech property; and
9. all others present in, or participating in the Workplace or Learning Environment or participating in RRC Polytech business.

2.2

“Consent”, in the context of this Policy G5 means the voluntary and express agreement to engage in sexual activity. An individual must actively, freely, and willingly give consent to engage in sexual activity. For greater certainty, Consent:

1. is never assumed;
2. is never implied;
3. is not silence or the absence of “no”;
4. cannot be given if an individual is impaired by alcohol or drugs, or is unconscious;
5. cannot be given by someone who does not have the capacity to consent to sexual activity due to age and/or serious cognitive impairment; can never be obtained through threats or coercion;
6. can be revoked at any time before or during sexual activity;
7. cannot be obtained by an individual who is in a position of trust, power or authority, including without limitation by a faculty member from a student.

2.3

“Sexual Violence/Misconduct” means 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. Sexual Violence/Misconduct includes, without limitation, sexual assault, sexual harassment, stalking, controlling behaviour, indecent exposure, voyeurism, intentional mis-gendering and/or deadnaming, and sexual exploitation.

2.4

“Workplace or Learning Environment” includes any physical or electronic environment where RRC Polytech business or RRC Polytech-related activities take place, whether during regular working hours or off hours.

3. Application

3.1

This Policy applies to all members of the College Community and any act of Sexual Violence/Misconduct involving one or more members of the College Community that occurs in the Workplace or Learning Environment.

4. Policy

4.1

RRC Polytech is committed to providing a Workplace and Learning Environment free from Sexual Violence/Misconduct, including but not limited to providing the resources stated in this Policy. RRC Polytech takes all concerns of sexual violence seriously and will respond in a confidential, unbiased and impartial manner in accordance with the Procedures [link]. Any Individual who believes they have been subjected to Sexual Violence/Misconduct under this Policy is strongly encouraged to report these issues in a timely way and in accordance with the RWLE Procedures Guide.

4.2

RRC Polytech takes all allegations and incidents Sexual Violence within the College Community very seriously and will take all reasonable steps to respond to such conduct accordingly.

4.2

RRC Polytech shall raise awareness about Sexual Violence/Misconduct through, without limitation, a RRC Polytech sexual violence web resource, in-person training and events, streamed training and orientation materials. The foregoing awareness resources will specifically address issues related to the concept of Consent and Sexual Violence/Misconduct prevention in the context of sexual activities, and shall be delivered to members of the College Community.

4.3

RRC Polytech shall maintain and update procedures directing members of the College Community on how to report suspected acts of Sexual Violence to which this Policy applies. The current procedures are available at www.rrc.ca/nowrongdoor. Those who make a report under this Policy will not be punished by RRC Polytech if their report contains an admission of illegal consumption of drugs or alcohol.

4.4

RRC Polytech shall maintain and update response and investigation protocols that shall be triggered upon the receipt of a report of a suspected act of Sexual Violence. The current protocols shall be available at www.rrc.ca/nowrongdoor

4.5

Where there is a conflict between this policy and any other RRC Polytech policy, this policy shall govern to the extent that such conflict exists. Without limitation, where an investigation is requested pursuant to another RRC Polytech policy, and the requested investigation concerns a matter of Sexual Violence/Misconduct, the investigation of the matter shall be conducted pursuant to the procedures referenced in this Policy. To the extent that it is reasonably practicable, where a matter of Sexual Violence/Misconduct also triggers requirements under any other RRC Polytech policy, such other requirements shall be adhered to.

5. Responsibilities

5.1

RRC Polytech will:

1. take steps to educate members of the College Community about Sexual Violence/Misconduct and about their rights and obligations under this Policy;
2. maintain a process to deal with allegations of Sexual Violence/Misconduct in a procedurally fair, unbiased, impartial and timely manner;
3. take appropriate and timely corrective action in relation to any member of the College Community who engages in Sexual Violence/Misconduct;
4. communicate this Policy and any associated Procedure Guides through various mechanisms.

5.2

The Resource and Resolution Advisor is responsible for:

1. being the main point of contact for all concerns related to Sexual Violence in accordance with the Procedures;
2. periodically providing training on issues related to Sexual Violence/Misconduct and Consent to the College Community. Interested groups within the College Community may contact the Resource and Resolution Advisor to request training, which shall be delivered to such groups within a reasonable time frame. In addition, training videos, educational resources and other related resources can be accessed by members of the College Community at any time at rrc.ca/nowrongdoor.
3. maintaining and recommending any required response and investigation protocols that may be triggered upon the receipt of a report of a suspected act of Sexual Violence/Misconduct.

5.3

The Executive Director, Student Services and Global Partnerships is responsible for approving procedures directing members of the College Community on how to report suspected acts of Sexual Violence/Misconduct to which this Policy applies and any other appropriate procedures under this Policy.

5.4

Safety, Health and Security Services is responsible for providing a report outlining RRC Polytech activities undertaken pursuant to this Policy. The report will be available on RRC Polytech’s Sexual Violence Web Resource at www.rrc.ca/nowrongdoor.

5.5

All members of the College Community will:

1. educate themselves about issues related to Sexual Violence/Misconduct and Consent;
2. treat others respectfully and refrain from participating in behavior that is or could reasonably be perceived to be Sexual Violence/Misconduct;
3. understand and apply this Policy and the associated procedures;
4. take reasonable and timely steps, to prevent incidences of Sexual Violence/Misconduct as appropriate; and
5. cooperate fully in any review of allegations under the Policy.

6. Consequences

6.1

RRC Polytech will hold members of the College Community accountable for violations of this Policy. Employees that breach the Policy will be subject to appropriate corrective action, including discipline up to and including dismissal. Other individuals that breach the Policy will be subject to appropriate corrective action.

7. Review Period

7.1

RRC Polytech shall review this Policy every four years, in consultation with the RRC Polytech’s students.

8. No Interference or Retaliation

8.1

Every member of the College Community has the right to bring forward a concern or complaint under the Policy. Interference with this right or with an investigation or retaliation against a complainant, respondent, witness or any other person involved will not be tolerated and may, by itself, result in disciplinary action. For greater clarity, interference or retaliation may take the form of direct contact between the parties or more subtle actions. Retaliation involves not only penalizing someone; it can also be the withholding of a benefit.

9. Related Documents

Legislation:
The Advanced Education Administration Act

Policies:
E13 – Violence Prevention
H1 – Respectful Workplace and Learning Environment
S1 – Student Code of Rights and Responsibilities
S2 – Student Discipline
S3 – Student Appeals
S5 – At-Risk Students

Resources:

Red River College Polytechnic: No Wrong Door

REES online sexual violence reporting tool