Procedures Relating to the Gendered and Sexual Violence Policy (12.4)

Print | PDF

This online version is for convenience; the official version of this policy is housed in the University Secretariat. In case of discrepancy between the online version and the official version held by the Secretariat, the official version shall prevail.

Approving Authority: President and Vice-Chancellor

Original Approval Date: November 24, 2016

Date of Most Recent Review/Revision: August 28, 2023

Administrative Responsibility: Office of Human Rights and Conflict Management

Parent Policy: 12.4 Gendered and Sexual Violence Policy

1.0 Definitions

1.1 Adaptable Resolution: A process that may be requested by the Complainant, alongside or after the submission of a Formal Complaint. Adaptable Resolution is a voluntary, resolution-based, structured process between or among affected parties that balances safety, support and, if appropriate, accountability without the imposition of formal disciplinary action against a Respondent.

1.2 Bystander: A bystander is anyone who is in a position to intervene before, during or after the action(s) of Gendered and Sexual Violence and includes those who receive a Disclosure of Gendered and Sexual Violence. A bystander is neither a person who is the subject of Gendered and Sexual Violence nor a person accused of engaging in the Gendered and Sexual Violence.

1.3 Complaint: A Complaint initiates a formal process under this Policy. A Complaint may prompt an internal or external investigation and may result in a range of possible accountability measures and sanctions. Such action will require a declaration of the particulars of the allegations to the University (e.g., names, date, details of the incident) for the purpose of due process and procedural fairness.

1.4 Complainant: A Student Member of the University Community who has brought forward a Complaint.

1.5 Consent: Consent is an active, direct, voluntary, and conscious choice and agreement to engage in any sexual activity by a person capable of consenting. Consent cannot be given by a person who is incapacitated by alcohol, drugs, or who is unconscious, asleep, or otherwise lacks the capacity to give consent. Consent can be revoked at any time and cannot be assumed nor implied. These elements of consent must be explicit. It is not acceptable for a person who is said to have engaged in Gendered and Sexual Violence to use their own consumption of alcohol or drugs as an excuse for their mistaken belief that there was consent.

For further clarity, consent:

1. Consent is active: the absence of “no” is not consent;
2. Consent can be withdrawn at any time through words or behaviour;
3. When engaging in physical contact or sexual activity it is the responsibility of all person(s) to attain consent;
4. Consent to one sexual act does not constitute or imply consent to a different sexual act;
5. Consent given at one time does not indicate or suggest that consent has been given at other times or will be given at a future time;
6. Consent is required regardless of the parties’ relationship status or sexual history together;
7. Consent can never be obtained through threats, trickery, coercion, pressure or other forms of control or intimidation; and
8. Consent may be compromised where individuals are in a position of power and/or authority.

1.6 Disclosure: When a Student who has experienced Gendered and Sexual Violence tells someone about their experience. The Student who discloses can receive support without making a Complaint. Any Member of the University Community can receive disclosures and there is no mandatory reporting requirement when a Member of the University Community receives a Disclosure except in the instances described in the Limits to Confidentiality section (e.g. mandatory reporting to a municipal or provincial police service).

1.7 Employee: A person who performs work for wages in any capacity for the University.

1.8 Gendered Violence: Any violence, physical or psychological, that is committed, threatened or attempted against an individual without the individual’s consent by targeting a marginalized gender, gender identity, or gender expression.

1.9 Informal Intervention Process: A process that may be requested by the complainant, prior to filing a Formal Complaint, that may result in a range of possible accommodations or agreements involving the Complainant and Respondent. The appropriateness of initiating this process is decided upon by the Office of Human Rights and Conflict Management.

1.10 Respondent(s): A Member or Members of the University Community against whom allegations of Gendered and Sexual Violence have been made. Use of this term does not imply pre-determination that the Respondent is culpable of misconduct.

1.11 Sexual Violence: 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, and includes sexual assault, sexual harassment, stalking, indecent exposure, voyeurism and sexual exploitation.

1.12 Staff: Employees of the University and any federated or affiliated college, but does not include persons who are members of faculty or persons who are academic librarians.

1.13 Student: An individual registered in a course of study as a student at the University, either full-time or part-time, pursuing undergraduate, graduate, or non-degree certificate programs.

1.14 Survivor: For the purpose of this Policy means an individual who identifies their experience as Gendered and Sexual Violence. A Survivor may also be referred to by other terms such as “Complainant.”

2.0 Response Options: Disclosure, Supports, Informal Interventions, and Complaint Processes

2.1 Students impacted by Gendered and Sexual violence are encouraged to connect with the Office of Human Rights and Conflict Management Staff for support and guidance about options.

2.2 A Student who has experienced Gendered and Sexual Violence may:

1. Make a Disclosure: A Disclosure occurs when a person who has experienced Gendered or Sexual Violence tells someone about their experience. Disclosures can be received by any Member of the University Community and there is no mandatory reporting requirement when a Member of the University Community receives a Disclosure except in the instances described in Appendix A: Limits to Confidentiality. A disclosure does not initiate a Complaint. Members of the University Community who receive a Disclosure from a Student should inform the Student about Policy 12.4 Gendered and Sexual Violence and encourage connection with the Office of Human Rights and Conflict Management so that supports and service options can be discussed. The Office of Human Rights and Conflict Management can also offer support to persons who have received a disclosure.
2. Access Supports and Services: Students affected by Gendered and Sexual Violence may access University supports and services (e.g. Office of Human Rights and Conflict Management Staff, Wellness Centre, Dean of Students, Centre for Student Equity, Diversity and Inclusion) at any step in this Procedure. A Survivor can access the Office of Human Rights and Conflict Management Staff for trauma-informed counselling and support, referrals to off-campus support, referrals to on and off-campus Sexual Violence counselling, resources, support with academic and other accommodations, and to learn about options for reporting and Complaint processes. The Office of Human Rights and Conflict Management Staff records non-identifying data about Disclosures of incidents of Gendered and Sexual Violence. Further information on accessing Supports and Services is set out below.
3. Request an Informal Intervention Process: A Complainant may request an Informal Intervention Process. This process may result in a range of possible accommodations or agreements involving the Complainant and Respondent. The University will decide whether or not an Informal Resolution process is appropriate. The needs of the Survivor and the broader University Community’s safety and security will inform the Decision. The process for requesting an Informal Intervention Process is set out below.
4. Make a Complaint: A Complaint initiates a formal process under Policy 12.4. A Complaint may prompt an internal or external Investigation and may result in a range of possible accommodations, actions or sanctions as noted in this Procedure. The process for initiating a Complaint is set out below. Survivors are encouraged to connect with the Sexual Violence Response Staff in the Office of Human Rights and Conflict Management for assistance prior to filing a Complaint.

2.3 Procedures outlined herein are meant to be flexible and responsive to the unique needs of the circumstances. If an outcome is reached, and either party violates the terms of the outcome, there will be a review and appropriate steps will be taken to protect the integrity of the process and ensure safety on campus.

3.0 Supports and Services

3.1. For Those who Experienced Sexual Violence

3.1.1 Supports, services and/or accommodations are available to Students affected by Gendered and Sexual Violence, regardless of when or where the incident(s) occurred. It is not necessary to file a Complaint in order to access the services provided by the University. Equally, accessing these services does not constitute filing a report or Complaint to the University.

3.1.2 The Sexual Violence Response Staff facilitates supports, services and accommodations based on the circumstances of the incident(s) and needs that have emerged from the experience(s) of Gendered and Sexual Violence. The Sexual Violence Response Staff may provide:

1. Trauma-informed support and counseling.
2. Mental health crisis support.
3. Referrals to university resources, community agencies and medical services.
4. Support with academic, financial, and campus accommodations.
5. Information on, and advocacy with, on- and off-campus accountability, and the reporting and Complaint options (including explaining official Complaint Procedures).
6. Risk assessment and safety planning.
7. Trauma-informed care resources.
8. Navigating systems and resources within the University and the broader community.
9. Supporting communication between those impacted and the University.
10. Advocacy within university and legal systems.
11. Information on limits to confidentiality.
12. Support in preparing students for disclosing their experiences to significant members of their lives.

3.2 For those Alleged to Have Engaged in Gendered or Sexual Violence

3.2.1 Supports and services are also available to those who have been alleged to have engaged in Gendered or Sexual Violence through the Office of Human Rights and Conflict Management. If a student is concerned that they may have engaged in Gendered or Sexual Violence they are able to reach out for information, resources and supports regardless of whether a concern or Complaint has been brought forward by a Complainant. If a process has been initiated by a Complainant, the Respondent will be connected with a caseworker from the Sexual Violence Response Team which may provide:

1. Ongoing information throughout accountability, reporting and Complaint processes.
2. Mental health crisis support and referrals for counseling.
3. Accountability counseling.
4. Support with academic, financial and campus accommodations.
5. Navigating systems and resources within the University and the broader community.
6. Communication support between those impacted and the University.

3.3 Individuals who are Witnesses or Supporting Impacted Individuals

3.3.1 The Sexual Violence Response Staff is available to provide resources, consultation, and support to all individuals who have been impacted by Gendered and Sexual Violence by being a witness, receiving a disclosure, or supporting an individual who has caused or experienced harm.

3.3.2 To Disclose Gendered or Sexual Violence, seek support or accommodations, and/or learn about Informal Intervention and Complaint options Students may contact Office of Human Rights and Conflict Management, by emailing svinfo.wlu.ca or by phoning 548-889-3517.

3.4 A list of supports and services currently available at the University and in the community is found on the Laurier's Gendered and Sexual Violence Prevention and Support website.

4.0 Informal Intervention Process

4.1. Laurier recognizes that it is important to take into account the needs of Students, some of whom may prefer not to utilize a Formal Complaint in order to have their needs addressed after an experience of Gendered and Sexual Violence.

4.2 A Complainant may request an Informal Intervention Process through a member of the Sexual Violence Response Staff who will communicate their request to the Senior Advisor, Office of Human Rights and Conflict Management or designate.

4.3 Upon receipt of an Informal Intervention Process request, the Senior Advisor, or designate, will follow-up in a timely way to address the request and to make assessments related to risk and the applicability of the Policy. The Senior Advisor may require a meeting with the Complainant to determine whether an Informal Intervention Process is appropriate.

4.4 If the process is deemed appropriate, an assigned caseworker from the Sexual Violence Response Staff will initiate communication with the Respondent to discuss voluntary participation in Informal Intervention Process.

4.5 This is a voluntary process that aims to address safety, emotional wellness and, if appropriate, accountability. This process is co-created by both the Complainant and Respondent and is designed to be responsive to the emergent needs of those involved. Some options available are:

1. No contact agreements.
2. Agreements about use of space/activities.
3. Accountability Counseling (See 7.3.1 d).
4. Submission of an Impact Statement (See 7.3.1 c).
5. Restorative Process (See Appendix B).

4.6 If an Informal Intervention Process is not able to meet the the needs of those impacted, the individual(s) alleging the Policy violation may choose to file a Complaint.

5.0 Complaint

5.1 Right to Representation and Support

5.1.1 At any interview or proceeding related to the decision-making process of a Complaint under Policy 12.4 Gendered and Sexual Violence, individuals may request to bring a support person who may be internal or external to the University and/or be accompanied by a legal representative. Persons involved in proceedings must advise the Office of Human Rights and Conflict Management of their intention to be accompanied, as well as the identity of the support person or legal representative in attendance prior to any proceeding. The University may deny the request for a support person who has the potential to be a witness should the Complaint proceed to Investigation.

5.2 Filing a Complaint

5.2.1 Any Student may file a Complaint of violation under Policy 12.4 Gendered and Sexual Violence against another Student. In cases where the Respondent is a Laurier faculty or staff member, supports and services are available to students through Policy 12.4. Complaint processes may be initiated through the OHR under Policy 6.1.

5.2.2 Complaints against other Members of the University Community (e.g. University staff, faculty or volunteers) will be addressed under Policy 6.1. Students are encouraged to access the Sexual Violence Response Staff for information and advice on the appropriate Complaint process and supporting with their submission.

5.2.3 If, following consultation or an Informal Intervention Process there is no resolution, the individual bringing forward the concern may choose to file a Complaint. In filing a Complaint, the Complaint must be submitted in writing to the Office of Human Rights and Conflict Management. The Complaint must include adequate information (e.g. who, what, when, where) so that the Respondent can understand the Complaint. Those requiring accommodation can access the Sexual Violence Response Staff for support with the written submission.

5.2.4 Upon receipt of the Complaint Form, the Senior Advisor, Human Rights and Conflict Management (or designate) will determine whether the issues noted in the Complaint are within the jurisdiction of the University to resolve and within the scope of Policy 12.4.

5.2.5 The University will accept a Complaint for as long as the individual(s) against whom the allegations of Sexual Violence are made is/are a Student(s). However, generally it is recognized that the filing of a Complaint within one year of the date of the incident(s) increases the Universities ability to engage a procedurally fair process. Complaints filed in a timely manner help to ensure availability of relevant witnesses’ contributions and other pertinent information. However, the University will accept a Complaint for as long as the individual(s) against whom the allegations of Sexual Violence are made is/are a Student(s).

5.2.6 Upon receipt of a Complaint, the Senior Advisor, Human Rights and Conflict Management, or designate, will address the Complaint and to make assessments related to risk and the applicability of Policy 12.4.

5.2.7 The integrity and efficacy of the Complaint process requires that all individuals involved in the process consider their actions and obligations under University Policies and Procedures, including privacy and confidentiality. University employees as well as the Complainant(s) and Respondent(s) who, by virtue of their position, are privy to information or in possession of documentation pertaining to a Complaint shall hold such information in confidence. Confidentiality shall not prevent the University from fulfilling its responsibilities under applicable legislation, or where there is a concern relating to the safety or security.

5.3 Response

5.3.1 The Office of Human Rights and Conflict Management will provide Complaint details to the individual(s) named in the Complaint (the Respondent(s)). The Respondent(s) may provide a written response to the Complaint, which should be filed with the Office of Human Rights and Conflict Management as soon as reasonably possible, and in accordance with timelines established by the Office of Human Rights and Conflict Management.

5.4 Complaint Resolution

5.4.1 The Office of Human Rights and Conflict Management may consult with or seek assistance from appropriate University officials or external advisors in resolving a Complaint. Unless disclosure is required for safety or security reasons, confidential identifiers will be used for all consultations.

5.4.2 Once a Complaint has been filed, the University takes Complaints of Gendered and Sexual Violence seriously and has an obligation to respond expeditiously.

5.4.3 If a Complaint has also resulted in criminal or civil proceedings, the Office of Human Rights and Conflict Management may choose to defer Investigation and/or resolution of the Complaint. A Complainant or Respondent may request to the Office of Human Rights and Conflict Management in writing that the University postpone the Complaint Resolution process until completion of the criminal or civil proceedings. Alternatively, a request to proceed with an internal Investigation can be made by either a Respondent or a Complainant. The Senior Advisor, Human Rights and Conflict Management, or designate, will provide a Decision, with reasons, to a Complainant’s or Respondent’s request prior to the start of an Investigation or further steps in the Complaint Resolution process. During this time, the University may institute and maintain Supportive Measures as appropriate.

6.0 Supportive Measures

6.1. At any stage within this Procedure it may be necessary to implement Supportive Measures in order to safeguard the environment, increase individual and community support, and protect the integrity of the process for all those who are involved or may be affected. Supportive Measures shall not be construed as evidence of a finding of Policy violation.

6.2 The authority to approve Supportive Measures will rest with the Senior Advisor, Office of Human Rights and Conflict Management, or designate, with consultation from appropriate support staff.

6.3 Supportive Measures will be reviewed on an ongoing basis by the Senior Advisor to ensure the measures remain necessary and appropriate. Supportive Measures are temporary and do not extend beyond the final resolution of a Complaint.

6.4 Supportive Measures may include, but are not limited to a no contact order, changes to class and/or section enrollments, an administrative leave of absence, the rearrangement of residence location (where possible), adjustments to University activities (e.g. participation in clubs, attendance at guest lectures and social events), and scheduling agreements/ campus restrictions.

6.5 If supportive measures are violated, a review of the actions will be undertaken and an appropriate response will be enacted.

7.0 Adaptable Resolution of the Complaint

7.1 Laurier recognizes that it is important to take into account the needs of Students, some of whom may prefer not to utilize an Investigation. Adaptable Resolution is a voluntary, resolution-focused, structured process between or among affected parties that balances safety, support and, when appropriate accountability without the imposition of formal disciplinary action against a Respondent while focusing on the expressed needs of the harmed party(ies).

7.2 A Complainant may request Adaptable Resolution with the submission of their Complaint or at any point in a process through their support worker, who will communicate their request to the Senior Advisor or designate. The Senior Advisor will determine whether Adaptable Resolution is appropriate based on the nature of the allegations and in consideration of campus safety as a whole.

7.3 Adaptable Resolution Options

7.3.1 The processes available serve different purposes and aim to meet the variety of needs, and impacts coming out of an experience of harm. This process is co-created by both the Complainant and Respondent and is designed to be responsive to emergent needs. Options may include, but are not limited to:

1. No contact agreements.
2. Agreements about use of space/activities – including classes when possible.
3. Submission of an Impact statement: The Complainant may choose to compose an impact statement describing their experience and resulting impact of the alleged harm. The Complainant can decide in what manner they feel comfortable sharing the statement with the Respondent, such as in-person, in writing, via recording, etc. If the Complainant decides to give a written or recorded statement, it will be provided to the Respondent’s case-worker to verbally share, or play the recording, with the Respondent. At no time will a copy of the impact statement be held in the Respondent’s possession. The Respondent will be provided an opportunity to debrief about the contents of the statement with their caseworker. The Respondent will have an opportunity to provide a response to the Complainant’s statement which the Complainant may choose to receive and/or reply.
4. Accountability Counseling: Internal or external counseling for the Respondent(s) to facilitate understanding and dialogue regarding the identified harm; engage in psycho-educational learning about consent practices, fight/flight/freeze/fawn responses, unpacking root causes, sexual communication, boundaries, and safer practices for consumption and sexual activity; reflect on impacts and opportunities for taking responsibility; and to set goals for ongoing healthier relationships and sexual activity.
5. Restorative Process (See Appendix B).

7.4 Prior to engaging in an Adaptable Resolution process, the Senior Advisor, or designate, will inform all individuals involved in the process of the possible impact of their participation on other external processes (e.g. criminal or civil legal processes) and encourage participants to seek further advice as they may deem appropriate.

7.5 If a resolution is achieved through an Adaptable Resolution process, the details will be documented in a written agreement that must be reviewed and signed by all parties. The agreement may be co- created by those involved, the Office of Human Rights and Conflict Management, or an appointed facilitator. A copy of the signed resolution agreement will be provided to all parties and may be provided to university administrators as reasonably necessary to implement the terms of the resolution. The Senior Advisor, or designate, will monitor the implementation of the terms of the resolution agreement. Violations of agreements may constitute a violation of the Non-Academic Code of Conduct.

7.6 A copy of the terms of the resolution shall be confidentially retained in the files of the Office of Human Rights and Conflict Management and shall not be placed in official student or employee files. Files will be confidentially destroyed in accordance with University Policy and records retention protocols.

8.0 Investigation

8.0.1 An Investigation may be required when other efforts to resolve the Complaint have not been successful or are not appropriate.

8.0.2 A Complainant may choose not to request an Investigation by the University and has the right not to participate in any Investigation; however, where the University determines there are issues relating to safety, security or legal obligations, it may proceed to conduct an Investigation without the Complainant’s participation.

8.0.3 Investigator(s) shall be appointed by the University and the Investigation shall occur as promptly as possible. Investigator(s) may include individuals internal or external to the University, but in no event will an individual in a reporting relationship to the Complaint(s) or Respondent(s), or who may have a conflict of interest, be appointed as an investigator.

8.0.4 The investigator(s) shall receive a copy of the Complaint, Response and any relevant documents. The investigator will interview the Complainant(s), Respondent(s) and any applicable witnesses or individuals with knowledge of the events being investigated.

8.0.5 Members of the University Community will not be penalized for filing a Complaint in good faith or participating in an Investigation.

8.0.6 Where adaptable resolution processes were conducted, no information shall be provided to the investigator other than a notation that the parties participated in the process.

8.0.7 Students involved in an Investigation may be accompanied by another person during all Investigation and decision-making processes, which may include a colleague or support person of their choosing, legal or other representation at the Student’s expense. The Student is responsible for notifying the Office of Human Rights and Conflict Management of the identity of the individual they are requesting to bring in advance of any meetings. The support person’s role is not to act or speak on behalf of the Student, but to be available for assistance and support.

8.0.8 A Complainant participating in the Investigation process will not be asked irrelevant questions, including irrelevant questions relating to the student’s sexual expression or past sexual history, during the Investigation process by University staff or internal or external investigators. 

8.1 Investigation Report

8.1.1 Following completion of the Investigation, the investigator(s) shall provide a written report that will be securely maintained in the Office of Human Rights and Conflict Management. The report will include:

1. A finding on each allegation in the Complaint;
2. Sufficient detail to outline the rationale for the finding(s);
3. As appropriate, recommendations on actions or sanctions relating to the issues in the Complaint or more general workplace or conflict resolution issues.

8.1.2 The Complainant and Respondent shall receive a written summary of the investigator’s report including the outcome of the Investigation of the Complaint and steps to be taken by the University arising from the Complaint. Witnesses will not be identified to either the Complainant or Respondent. The information in the investigator’s report is confidential and will only be disclosed in accordance with University Privacy Policies or to comply with legislation or legal obligations.

9.0 Decision

9.1 The Senior Advisor, Human Rights and Conflict Management, or designate, will set out their Decision, with reasons, in writing, including a summary of the information relied upon in making the Decision. This written Decision will be provided to the Complainant and the Respondent.

9.2 The Senior Advisor, Human Rights and Conflict Management, or designate, may access internal University or external resources for guidance in the decision-making process.

9.3 The Senior Advisor, Human Rights and Conflict Management, or designate, will consult with the Complainant and/or their support worker to explore impacts that may inform recommendations related to sanction or actions.

9.4 If, on a balance of probabilities, the Senior Advisor, Office of Human Rights and Conflict Management, or designate, determines there has been a breach of the Gendered and Sexual Violence Policy and that the Complaint (in whole or in part) is upheld, the Senior Advisor, Office of Human Rights and Conflict Management will make recommendations to the appropriate University officials on whether sanctions or other action is appropriate to reasonably address the Complaint.

9.5 The University’s Decision, including reasons, along with recommended sanctions and the individual(s) involved in facilitating the implementation of the sanctions will be set out in writing and provided to the Respondent(s). As an official Decision of the University, a copy of the Decision will be retained in the Student Conduct Administrator’s office in accordance with University retention practices. Copies of the Decision shall be provided to the University offices and employees as required to administer the Decision.

9.6 The Complainant(s) shall receive the University’s written Decision, including any sanctions.

10.0 Action or Sanction

10.1 Sanctions will consider the nature of the harm, the impact on the University Community, and whether there has been acceptance of responsibility. Sanctions may include one or more of:

1. Notice of Violation: This includes notice that the Student violated Policy 12.4 Gendered and Sexual Violence. A warning or reprimand may be for a designated or indefinite period of time.
2. No contact agreements.
3. Restriction or Denial of University Services or Privileges: Restriction from or limitations on specific access to or use of University services, activities and premises.
4. Accountability Counseling: Internal or external counseling for the Respondent(s) to facilitate understanding and dialogue regarding the identified harm; engage in psycho-educational learning about consent practices, fight/flight/freeze/fawn responses, unpacking root causes, sexual communication, boundaries, and safer practices for consumption and sexual activity; reflect on impacts and opportunities for taking responsibility; and to set goals for ongoing healthier relationships and sexual activity.
5. Accountability Plan: A set of specific behavioural expectations, agreements and conditions that is co-developed with and signed by the Student. The commitment to the plan will be supported via ongoing meetings with a designated University staff. The plan clearly outlines expectations being placed on the Student and that any breach of the plan may result in more serious sanctions including suspension or expulsion from the University.
6. Educational programs or assignments, written or oral apologies, peer conduct advising, community service, individual assessment, counseling, substance abuse education, intervention, or treatment, or other related educational sanctions may be offered or required.
7. Suspension: Removal of the Student from the University for a specified period of time after which the Student is eligible to return. Conditions for readmission may be specified. Suspensions are noted on the Student’s transcript for the duration of the suspension. The Decision to suspend a student may only be made by a Dean of Students or equivalent position.
8. Expulsion: Permanent separation of the Student from the University. Expulsions are noted on the Student’s transcript. The Decision to expel a student may only be made by the University President and Vice-Chancellor.

10.2 Prior to deciding on an action or sanction, the Complainant(s) will have an opportunity to submit written comments addressing the impact of the harm and any requested actions that consider the Complainant’s needs.

10.3 Failure to complete or abide by a required sanction may result in further disciplinary action.

10.4 If an action includes suspension or voluntary withdrawal from the University, the University may impose conditions upon return prior to permitting the Student(s) to return in order to ensure a safe and reasonable return to campus. This information will allow the University to determine whether the University can provide and maintain a safe learning environment and uphold conditions from criminal or civil proceedings.

11.0 Appeals

11.1 Either party in a Complaint process may appeal the University’s Decision and/or sanctions only if one of the following applies:

1. There was a serious procedural error in the handling of the Complaint which was prejudicial to the Student or might have substantially affected the final Decision;
2. The Decision and/or sanction(s) are unreasonable or unsupportable on the evidence and (i) will have the effect of deregistration, removal and restriction from campus, suspension, or expulsion of a Student, or (ii) fail to sufficiently address the severity of the conduct, the impact on the Complainant, or the safety to the University Community.

11.2 All requests for an Appeal must be provided to the University within fifteen (15) business days of the Decision and should follow the Appeal process set out in Appendix C: Appeals. Appeals are filed using the Appeal Form and submitted to the University Secretariat. The form is available through the University Secretariat.

11.3 Participation in the Appeal process is voluntary; however, the choice not to participate may impact the process and outcome of the Appeal.

11.4 Appeals of the University’s Decision or process followed in making the Decision shall be made to the Sexual Violence Policy Appeal Committee (the “Committee”). Members of the Committee will be independent of all prior Decisions or processes relating to the Complaint and have no prior knowledge of the matters to be addressed in the Appeal hearing.

11.5 The Appeal Committee shall have three members:

1. One (1) external representative who shall be a lawyer with experience in administrative law and adjudicative processes addressing Sexual Violence. This individual shall act as the Chairperson of the Committee;
2. The Provost and VP, Academic or designate when the Provost and VP Academic is unable to serve who shall be an academic Dean, AVP or VP;
3. The VP, Student Affairs, or designate when the VP, Student Affairs is unable to serve, who shall be a Dean of Students or VP.

11.6 The Student(s) appealing the University’s Decision is the Appellant in the Appeal and the University is responding to the Appeal. Appeal hearings are conducted as a new hearing and will be conducted in accordance with procedural fairness.

11.7 Appeals will generally be conducted in writing and an oral hearing will proceed only in exceptional circumstances at the determination of the Appeal Committee having regard to the circumstances in the Appeal and following a preliminary assessment of the written materials, including the request for Appeal. At no time shall a Respondent directly question a Complainant. The Appeal will be conducted in a trauma-informed and impartial way and is intended to ensure fairness for all parties involved. For oral hearings, both the Appellant and the University shall have the right to appear, call evidence, make oral representations to the Committee, and comment and ask questions with respect to the evidence in accordance with Policy 12.4, subject to Committee-determined Procedures.

11.8 In all hearings, whether oral or written, the Committee will consider all information, documents and submissions provided in the Decision-making process and all new evidence provided in the hearing. Only the Chair shall have the authority to ask questions of the participants and may invite witnesses to provide evidence, as the Committee deems necessary. The Committee will consider the use of testimonial aids including video link technology as well as encouraging supports available through the Office of Human Rights and Conflict Management.

11.9 The Office of Human Rights and Conflict Management staff are available to provide support and information about the Appeal process, including the availability of additional accommodations (see Appendix C: Appeals) to all Students involved.

11.10 Due to the confidential nature of the issues and impact on participants, Appeal hearings shall be closed and not open to the public.

11.11 The Committee will act expeditiously in making its Decision and will consider all relevant documents and evidence, and the reasonableness of the Decision and recommended sanctions.

11.12 All Supportive Measures and/or conditions implemented by the University shall remain in place pending the Appeal.

11.13 The Committee’s Decision shall be final and shall include a written Decision along with reasons. A copy of the Decision shall be provided to the parties in the Appeal, along with the Complainant and Respondent in the Complaint (as required). A copy of the Decision shall also be provided to the Office of Human Rights and Conflict Management and such other University representatives involved in the Complaint as may be required. Recipients of the Committee’s Decision shall keep confidential the personal information of those involved and may not engage in acts of reprisal.

Appendix A: Limits to Confidentiality

1.1 Confidentiality is an essential consideration whenever an individual has made a Disclosure or filed a Complaint about an incident of Sexual Violence.

1.2 The University will respect a Survivor’s privacy and honour requests for confidentiality to the greatest extent possible; however, there may limits to confidentiality, including when:

1. There is reasonable basis to believe someone is at imminent risk, risk of self-harm, or risk of harming another; Members of the University or broader community may be at risk of harm as determined by the University (e.g., when there is an established pattern of behaviour, or the alleged perpetrator is in a position of authority);
2. Reporting is legally required as per the Child and Family Services Act because an incident involves a child 16 or under;
3. University officials require information for the purposes of implementing this Procedure (including providing accommodation and support measures and investigative and decision-making processes);
4. A Complaint process has been initiated and the Respondent must be informed of the details of the Complaint;
5. Laurier Special Constables become aware in any way of Sexual Violence and may have an obligation to report to the local police;
6. A Laurier employee is legally obligated to hand over case notes or other documentation in relation to a criminal or civil proceeding;
7. A Member of the University Community becomes aware of workplace violence or the threat of violence which they must report immediately under Laurier’s Workplace Violence Prevention Policy; or
8. A Residence Don receives information about an incident of Sexual Violence that took place in a Laurier residence.

1.3 Noteworthy instances of limits to confidentiality have been listed above; however, Survivors should be aware that there are other instances where information may be shared among staff and faculty in the University in order to facilitate requests for accommodations, support, and/or Complaints. In cases where information has been shared among staff and faculty in the University, Survivors will be kept informed about University offices notified and the information provided.

1.4 The Office of Human Rights and Conflict Management Staff records non-identifying data about Disclosures or Reports of incidents of Sexual Violence.

Appendix B: Restorative Process

1.0 Preamble

1.1 As Laurier engages in Restorative Justice, we must acknowledge the origins and ethics of these practices. Restorative Justice has roots in Indigenous Justice Systems which are embedded in culture, teachings, and languages with an emphasis on healing, reconciliation, reintegration, deterrence, and accountability. Indigenous Justice is focused on teaching members how to live together in a manner that centered peace, harmony, and balance and minimized conflict or harm. Some of the practices used when harm occurred are now referred to as Restorative Justice.

1.2 Many non-Indigenous communities have since worked to integrate Restorative Justice into our responses to harm, however as we attempt to implement these practices within a campus community, we recognize that we do not have an agreed upon set of guiding ethics and practices in our community that creates a collective understanding of this approach. Therefore, in order to work to engage this approach we are required to commit to ethics of relational accountability, respect, collaboration, recognizing the humanity of all, the opportunity for repair, and the transformation of behaviour.

1.3 As we further incorporate restorative approaches to address Gendered and Sexual Violence on our campus, we are responsible for acknowledging the many Indigenous communities, across the globe, that shaped the origins of healing circles, sentencing circles, community group conferencing, as well as circles of support and accountability practices.

1.4 For more information on the origins of these practices, and the potentials and concerns with their use within non- Indigenous communities, go to Laurier’s Gendered and Sexual Violence Prevention and Support website.

2.0 Restorative Process

2.1 Restorative Justice is a set of principles and practices that brings people together to reframe how the community responds to harm and conflict. Adapted from these principles, Laurier is able to provide the facilitation of a Restorative Process, a human-centred approach to justice that is focused on understanding and responding to impacts and needs of affected individuals and communities. This approach aims to center the experience(s) of harm and brings people together to find meaningful and lasting justice solutions.

2.2 A Restorative Process, and any outcomes, are dependent upon the choice and readiness of all involved to participate. It is also dependent on those who have caused harm, to be open to acknowledging responsibility for the impact they have had on others and, to the best of their ability, repair the harm they caused to impacted parties and the community.

2.3 Restorative Processes are generally designed to create the opportunity for a Respondent to acknowledge harm and take responsibility for repairing harm (to the extent possible) experienced by the Complainant and/or the University Community. A Restorative Process is designed to increase understanding of the impact of harm, eliminate the harmful behaviour, prevent its recurrence, and repair its effects in a manner that meets the needs of the Complainant while maintaining the safety of the campus community. More information on Restorative Justice can be found at Laurier’s Gendered and Sexual Violence Prevention and Support website.

2.4 A Complainant may request a Restorative Process through the Sexual Violence Response Staff, who will communicate their request to the Senior Advisor, who then determines whether a Restorative Process is appropriate. A Restorative Process proceeds only if all parties agree to participate willingly.

2.5 Individuals who wish to participate in a Restorative Process must have successfully completed preparatory meetings with internal or external facilitators, who are trained in Restorative Justice and trauma-informed approaches, assigned by the Office of Human Rights and Conflict Management.

2.6 Circumstances in Which a Restorative Process May be Used

1. The Complainant is making the request.
2. A Respondent is able to acknowledge that some level of harm happened and that they contributed to it in some manner.
3. The Senior Advisor, in consultation with the Sexual Violence Response Staff, reviews the matter to the extent necessary to confirm it is appropriate for a Restorative Process.
4. Participation is voluntary and both a Complainant and a Respondent, as well as any other participating individuals, must consent in writing to participation in adaptable resolution. A Restorative Process must exist without compulsion from others.

2.7 Restorative Process Options

With approval from the Senior Advisor, after consultation and intake with the Restorative Process facilitators, the Complainant and the Respondent must voluntarily agree on the process that best meets the interests and needs of the parties. Any of the below processes would likely require ongoing individual reflection and preparation meetings with the facilitators prior to any direct or indirect contact. A Restorative Process may include one or more of the following approaches:

1. Facilitated Dialogue: A structured and facilitated conversation between two or more individuals, most often the Complainant, the Respondent, and/or other impacted community members. The focus is often on providing a space for the impacted voices to be heard and perspectives to be shared. Depending on stated interests, the participants may sometimes work towards the development of a shared agreement, centering the needs of the Complainant and other impacted individuals. Working towards an agreement is not always the intended outcome.
2. Restorative Circle: A facilitated interaction where individuals who have experienced harm can come together with an individual(s) who assumes responsibility for repairing harm, with the goal of co-creating a plan or agreement to repair the harm (to the extent possible). A circle or conference may include multiple impacted members, or individuals connected to the Complainant and Respondent, to explore individual and community impact, harm, obligations, and opportunity for repairing them. During the circle, both Students can have a support person present. A support person differs from a caseworker as this person can have an active role during this process. The parties must agree on all those who will be present. Any agreements that are reached during a Restorative Circle must be documented, signed in-person or via email by the Complainant and Respondent, and approved by the Senior Advisor.
3. Restorative Shuttle Agreement: An indirect, facilitated conversation individually with the Complainant, the Respondent, and/or other participants to reflect on the impacts of the harm(s), explore the needs that have emerged from the harm, and reflective on, and actioning, strategies for meeting expressed needs. This negotiated process does not require direct interaction between the parties or the parties and other participants, but rather, independently, with a facilitator to create an agreement to repair harm; and/or
4. Restorative Statements: This may include affective questions offered by the Respondent including; what was the harm caused, who was affected, how were they affected, what could repair look like, and what are the steps being taken to respond to the needs that have emerged from the harm etc. This could be done either in-person with the Respondent or via written statements. All information discussed in this meeting will be shared with the Complainant.

2.8 If the Complainant is not satisfied with the process, or the Respondent is no longer willing to participate, it will return to the Senior Advisor to assess, with consultation, if appropriate to move to other resolution options in Adaptable Resolutions or an Investigation.

2.9 Restorative Process Outcome Agreements

A mutual voluntary outcome agreement is co-created by the Complainant and Respondent. It may include, but is not limited to:

1. Agreement for the Respondent to participate in Accountability Counseling;
2. Agreement for the Respondent to complete an accountability plan with regular meetings with a Sexual Violence Response Staff;
3. Agreement for the Respondent to participate in regular meetings with an appropriate University individual, unit, or resource;
4. Agreement to extension of a no contact directive on the part of the Respondent;
5. Agreement, by the Respondent, to not participate in specific University Program(s), Event(s) or Activity(ies);
6. Agreement by the Respondent to participate in mental health counseling sessions; and/or
7. Agreement by the Respondent for a voluntary separation from the University.

2.10 Any agreement reached in a restorative process must be documented and approved by the Senior Advisor, or designate. An agreement will not be considered valid if the Senior Advisor, or designate, does not approve it.

2.11 If the Senior Advisor or designate approves an agreement after the parties have voluntarily reached consensus as to its terms, the Respondent will be required to adhere to the agreement. Typically, an agreement also includes consequences when obligations under the agreement are not fulfilled. Should the process revert to Investigation, information obtained through a Restorative Process may not be utilized in the Investigation. Once the Senior Advisor approves an agreement, the parties are bound by its terms and only under exceptional circumstances would a process be able to move to an Investigation. Exceptional circumstances could include new information that demonstrates parties that did not participate in good faith or creates risk for campus community.

2.12 To fairly assess pattern or systemic behavior, the Senior Advisor will maintain records of all reports and conduct referred for Restorative Process.

Appendix C: Appeals

(See Procedure section 11.0)

1.1 No one shall serve on a Committee for an Appeal that has any direct interest or prior involvement in the Complaint, Decision or issues under consideration. Committee members are expected to identify any actual or perceived conflicts of interest as soon as possible and in advance of the start of the Appeal hearing. A Student appealing the Decision (the “Appellant”) who believes that a Committee member has a conflict of interest is required to identify the conflict as soon as possible and in advance of the start of the Appeal hearing. The Assistant Vice President, Governance and Policy shall make a determination on the potential conflict of interest and communicate the Decision to the Appellant and Committee members prior to the start of the Appeal hearing.

1.2 Members of the Committee will be trained as appropriate on topics related to sexual violence and trauma-informed approaches.

2.0 Parties to the Appeal

2.1 The Student (Complainant or Respondent) submitting the Appeal is the Appellant. Appeals are to the University, which is the Respondent in the Appeal.

3.0 Determination of Valid Appeal

3.1 Upon receipt of an Appeal, the Assistant Vice President, Governance and Policy will constitute an Appeal Committee. The Appeal Committee will review the submission and determine whether or not the Appeal will proceed based on the grounds outlined in section 11.0 Appeals.

3.2 Should the Appeal Committee determine that grounds for Appeal have not been established, the Appeal will be summarily dismissed, and written notice will be provided to the Appellant with the reason for the dismissal.

4.0 Notice and Scheduling

4.1 Should the Appeal proceed, the Appellant will be notified of the membership of the Committee and provided with reasonable written notice, through the Student’s Laurier email account, of deadlines and details relating to the Appeal.

4.2 Appeals will be arranged as expeditiously as possible but depending on the academic calendar, may need to be extended to address availability of witnesses and parties and to provide both the Appellant(s) and University an opportunity to review documents and prepare for full and fair presentation of their case.

4.3 All reasonable efforts will be made to schedule an Appeal hearing (if required) at a time and place convenient for all parties. However, if a party, who has been notified of the date, time and location for the Appeal hearing does not attend the hearing, the Appeal Committee may proceed in the party’s absence.

4.4 Notice of an Appeal hearing will be provided, in writing, to the Appellant, University, Complainant(s) (where the Respondent is the Appellant), or the Respondent(s) (where the Complainant(s) is the Appellant). The Complainant(s) is encouraged to work with the Office of Human Rights and Conflict Management Staff or other internal University or external community supports to address plans for safety and wellness and address accommodation needs.

5.0 Documents

5.1 All relevant documents relating to the Complaint and Decision will be provided to the Appellant and Respondent.

5.2 This will include (as may be applicable):

• The Complaint and any submissions provided by the Complainant;
• The Response and any submissions provided by the Respondent;
• The Investigation report and Investigation file;
• File notes and records held by the Office of Human Rights and Conflict Management relating to the Complaint and Decision (unless confidential as noted in the Policy and Procedures);
• File notes and records (if any) held by Special Constable Services or Residence.

6.0 Representation

6.1 The parties to the Appeal have the right to have an advisor or retain and be represented by counsel for the Appeal, at their own expense. The Appeal Committee reserves the right to retain counsel. The Appeal Committee has no authority to make any order for the payment of costs.

6.2 Notice of the name of any advisor or legal counsel retained by a party shall be provided to the Committee and to the other party(ies) as soon as possible and at least three working days prior to the start of an Appeal hearing.

6.3 Appeal Committee hearings will not be unreasonably postponed or rescheduled due to the unavailability of the advisor or counsel.

7.0 Procedures

7.1 Subject to the requirements set out in this Policy and Procedures, the Committee shall determine its own procedures and practices in any Appeal and the Chair may make such rules and orders as they deem necessary and proper to ensure a fair and expeditious proceeding. In determining its own hearing procedures, the Committee shall take into account the need for participants to be safe and have access to supports. As such, under no circumstances shall a Complainant or Respondent directly question the other. The Committee is bound by neither strict legal procedures nor strict rules of evidence. It shall proceed fairly in its disposition of the Appeal, ensuring that all parties are aware of the evidence to be considered, provided copies of all relevant documents to be considered by the Committee, and are given an opportunity to be heard during the process. In the event that the Appeal proceeds by oral hearing (see Procedure section 11.7), the Committee shall consider alternative methods of hearing testimony and asking questions whenever possible where potential traumatization of a participant is a consideration.

7.2 The Assistant Vice President, Governance and Policy, or designate, shall provide administrative support and procedural advice to the Committee.

8.0 Summary Dismissal

8.1 The Committee may summarily dismiss an Appeal if the Appeal, in the judgment of the Committee, does not raise a valid ground for an Appeal.

9.0 Decision

9.1 At the conclusion of the Appeal Hearing, the Committee shall render a Decision, in writing, including written reasons setting out the basis for the Committee’s Decision. The Decision and reasons shall be provided to the Appellant, University and the Respondent and Complainant in the Complaint.

9.2 The Committee Decision shall consider all of the relevant evidence in making its determination. The standard to apply is a balance of probabilities not the standard applied in criminal cases which is beyond a reasonable doubt. For Appeals of a finding of breach of this Policy and Procedures and/or the sanctions imposed, the Committee’s Decision will include a determination on whether sanctions or other action is appropriate to reasonably address the Complaint.

9.3 The Committee has no authority to order general, aggravated or special damages or costs.

9.4 The Committee’s Decision is final.