H1 – Respectful Workplace and Learning Environment and Sexual Violence Procedures

Part 1: Introductory

1.0 Purpose

1.1

The Purpose of these Procedures is to:

1. Promote and support a Respectful Workplace and Learning Environment free from Sexual Violence, Discrimination, Harassment and Bullying at the College;
2. Provide specific guidance for the College Community regarding the College’s expectations for appropriate conduct;
3. Provide a mechanism for the consideration of complaints of Sexual Violence, Discrimination and Harassment, for the resolution of concerns or complaints arising under the Respectful Workplace and Learning Environment Policy (“RWLE Policy”) and the Sexual Violence Policy as appropriate; and for the appropriate investigation of an alleged breach under either Policy;
4. Respect the principles of procedural fairness for all parties to a Complaint under these Procedures; and
5. Ensure compliance with relevant legislation, including The Human Rights Code (Manitoba) and The Workplace Safety and Health Regulation (Manitoba).

1.2

Nothing in these Procedures is intended to detract from the rights and duties of those with supervisory authority to manage or instruct, and if necessary to discipline or provide feedback to faculty, staff or students, in accordance with applicable legislation or common law, collective agreements or College policies, procedures, bylaws or course rubrics.

1.3

These Procedures are not intended to be an exhaustive list of all issues of conduct which may arise in the College Community.

2.0 Definitions

2.1

“Workplace and Learning Environment” includes any physical or electronic environment where RRC Polytech conducts business or where a College Matter takes place, whether during regular working hours or off hours.

2.2

“College Matter” includes any activity, event, or undertaking in which a member of the College Community participates, which has a substantial connection to the College, such as:

1. College-related activities or events, including but not limited to:
   1. Any activity or event on property owned or controlled by the College;
   2. The leasing of space, including student residence rooms, on property owned or controlled by the College;
   3. The offering of any service by the College, including educational services;
   4. Student placements, practica, or clinical training;
   5. College research activities, whether on or off any College campus;
   6. Social events or networking activities, where matters regarding the College or members of the College Community are a significant focus of the activity;
   7. College field trips, service-learning activities, and similar activities.
2. Activities or events involving members of the College Community, where the actions of those members of the College Community may reasonably reflect upon or affect the College, including but not limited to:
   1. Any aspect of the employment or engagement of employees and contractors for roles and projects substantially connected to the College;
   2. Participation on a committee or board as a representative of the College;
   3. Writings, photographs, artwork, audio or video recordings, and/or electronic communications, including communications through social media, where matters regarding the College or members of the College Community are a significant focus of the communication; or
   4. Matters of online or off-campus conduct that have, or might reasonably be seen to have an adverse effect on the proper functioning of the College or the rights of a member of the College Community to use and enjoy the College’s Workplace and Learning Environment.

For greater certainty, members of the College Community, including employees and students, can still be considered to be engaged in a College Matter even when they are not physically present on campus. This can include:

1. While engaged in remote teaching or learning, whether by video, phone, message board, internet chat, or some other mode of communication;
2. When corresponding with other members of the College Community including students, faculty, or staff, whether by email or another method, electronic or otherwise (including social media);
3. When attending video meetings or calls with students, colleagues, or staff;
4. When using online learning platforms;
5. At conferences or other off-campus events or meetings;
6. While at working lunches or dinners.

2.3

“College Community” includes:

1. Current RRC Polytech employees, students and alumni;
2. The RRC Polytech Students’ Association and its employees;
3. Members of the College Board of Governors;
4. Representatives of College partners and agents;
5. Visitors to the College;
6. Tenants of the College;
7. Persons living in a College residence;
8. Independent contractors engaged to perform services by the College on College property;
9. All others present in, or participating in the Workplace or Learning Environment or participating in a College Matter.

2.4

“Complaint” means when a member of the College Community reports a possible breach of the RWLE Policy or Sexual Violence Policy to the Respectful College Advisor for the purposes initiating a formal or informal process for resolution.

2.5

“Complainant” is a Member of the College Community who make a Complaint under these Procedures.

2.6

“Disclosure” means when a member of the College Community informs another member of the College Community of a possible breach of the RWLE Policy or Sexual Violence Policy for the purposes of seeking support or accommodation rather than for the purposes of initiating a formal or informal process for resolution.

2.7

“Initial Determination” occurs following the receipt of a Complaint received by the Respectful College Advisor.

2.8

“Investigator” is the person who is assigned to investigate a Complaint of Sexual Violence, Discrimination or Harassment. The Investigator is usually the Respectful College Advisor.

2.9

“Investigation Report” is a confidential written report by the Investigator summarizing the findings of fact and conclusions of an investigation into a Complaint of Sexual Violence, Discrimination or Harassment.

2.10

“Respectful College Advisor” (“RCA”) is a College employee whose responsibilities under are set out in detail at section 12 of these Procedures.

2.11

“Respondent” is a Member of the College Community alleged to have breached the RWLE Policy or the Sexual Violence Policy in a Complaint under these Procedures.

2.12

“Support Plan” is a plan developed following a Disclosure to a counsellor in Counselling Services or to the RRA designed to provide appropriate available supports to individuals who disclose having experienced Sexual Violence, Discrimination, Harassment or Bullying. Support Plans may include, but are not limited to:

1. Taking interim measures pending an investigation, including safety measures or measures to protect confidentiality;
2. Accessing mental health supports (through counselling services and/or the Employee & Family Assistance Program (“EFAP”) as applicable ;
3. In the case of students, accessing academic supports;
4. In the case of employees, accessing union supports.

2.13

“Appropriate Administrator” refers to the member of the College administration responsible for addressing complaints in accordance with these Procedures. In the context of Complaint initiated by a staff or faculty member, the Appropriate Administrator will generally be the staff of faculty member’s manager or supervisor. In the context of a Complaint initiated by the student, the Appropriate Administrator will generally be student’s Program Chair. An alternative Appropriate Administrator may be designated as required by the circumstances.

2.14

“Behavioural Intervention Team” (“BIT”) is a team chaired by the Director, Safety and Health Services, responsible evaluating appropriate measures in relation to “at risk” students as defined in the At-Risk Students Policy (S5).

3.0 Application

3.1

These Procedures apply to all Members of the College Community.

Part 2: Prohibited Conduct

4.0 Community Expectations

4.1

Members of the College Community shall not engage in Sexual Violence, Discrimination, Harassment or Bullying in relation to any College Matter.

4.2

Actions by faculty or staff members that amount to Sexual Violence, Discrimination, Harassment or Bullying breach the RWLE Policy and may breach the Sexual Violence Policy (G5), the Violence Prevention Policy (E13), and/or the Conflict of Interest Policy (P3).

4.3

Actions by students that amount to Sexual Violence, Discrimination, Harassment or Bullying are a breach of the RWLE Policy, the Student Code of Rights and Responsibilities (S1) and may breach the Sexual Violence Policy (G5) and/or the Violence Prevention Policy (E13).

4.4

Sexual Violence, Discrimination, Harassment or Bullying can occur online and/or through off campus conduct between members of the College Community. Such online or off campus conduct can have a significant adverse impact on the College Community by compromising the ability of students, staff and faculty to feel safe in their Workplace or Learning Environment. As a consequence, all members of the College Community must be aware and understand that online and/or off campus conduct between members of the College Community is included within the meaning of a College Matter.

5.0 Discrimination

5.1

Any member of the College Community who commits Discrimination in relation to a College Matter will be subject to corrective action, including any available disciplinary action as appropriate in the circumstances.

5.2

“Discrimination” means intentional or unintentional differential treatment of an individual or group of individuals that has a negative impact such as by imposing burdens, obligations or disadvantages for which there is no bona fide or reasonable justification, based on:

1. An individual’s actual or presumed membership in or association with some class or group of persons, rather than on the basis of personal merit, or
2. Any of the following characteristics:
   1. Ancestry, including colour and perceived race;
   2. Nationality or national origin;
   3. Ethnic background or origin;
   4. Religion or creed, or religious belief, religious association or religious activity;
   5. Age
   6. Sex, including sex-determined characteristics or circumstances, such as pregnancy, the possibility of pregnancy, or circumstances related to pregnancy;
   7. Gender identity;
   8. Sexual orientation;
   9. Marital or family status;
   10. Source of income;
   11. Political belief, political association or political activity;
   12. Physical or mental disability or related characteristics or circumstances, including reliance on a service animal, a wheelchair, or any other remedial appliance or device; or
   13. Social disadvantage.
3. Examples of discrimination include but are not limited to:
   1. Evaluations of workplace or academic performance based on a protected characteristic;
   2. Establishment of a scholarship, bursary, or other award which provides for differential treatment of a particular group, subject to section 5.2(b) of these Procedures;
   3. Failure to provide a reasonable accommodation pursuant to the College’s accommodation processes.
4. Acts or omissions which would otherwise be Discrimination under this Procedure are permitted where:
   1. There is a bona fide and reasonable cause for the Discrimination which cannot be accommodated with imposing undue hardship upon the College;
   2. The acts or omissions are intended and likely to:
      1. Make reasonable accommodation for the special needs of an individual or group; or
      2. Ameliorate the conditions of disadvantaged individuals or groups, including those disadvantaged by a Protected Characteristic; or
      3. The acts or omissions are in the context of a research project that has received all required research ethics approvals.

6.0 Harassment

6.1

Any member of the College Community who commits Harassment in relation to a College Matter will be subject to corrective action, including any form of disciplinary action found to be appropriate in the circumstances.

6.2

“Harassment” is the term used to collectively describe the following three types of harassment:

1. “Discriminatory Harassment”: A course of abusive and unwelcome conduct or comment based on any characteristic set out in the list contained in the definition of “Discrimination” at section 5.2(b) above. This form of harassment includes offensive (verbal or written) remarks, gestures, display of images, or other objectionable conduct that degrades, belittles or demeans an individual or group of individuals, or that perpetuates or reinforces pejorative stereotypes based on one or more prohibited grounds of discrimination. Microaggressions, which are comments or actions that express a prejudiced attitude towards a member of a marginalized group (such as a racial minority or people with disabilities) are a form of discriminatory harassment. Microaggressions are typically subtle behaviours, usually absent any intent of ill will, but which can have a significant impact on the recipient and lead to a divisive and toxic environment. Examples include but are not limited to: telling someone they fit the stereotype of their ethnic group, asking someone if you can refer to them by a nickname because their given name is too difficult to pronounce, conveying surprise at someone’s interest/skill in a particular activity (based on prejudicial attitudes), conveying surprise that someone is well-spoken (based on prejudicial attitudes).
2. “Sexual Harassment” is a form of harassment based on sex, gender or sexual orientation, including:
   1. A series of objectionable and unwelcome sexual solicitations or advances;
   2. A sexual solicitation or advance made by a person who is in a position to confer any benefit on, or deny any benefit to, the recipient of the solicitation or advance, if the person making the solicitation or advance knows or ought reasonably to know that it is unwelcome; and/or
   3. A reprisal or threat of reprisal for rejecting a sexual advance or solicitation.
   4. Sexual Harassment can include but is not limited to:
      1. Unwelcome remarks or jokes;
      2. Persistent invitations for dates by a person who knows or should know that that such attention is unwelcome or unwanted;
      3. Sexual innuendoes or taunting about a person’s body, attire, gender, sex, or gender expression;
      4. Practical jokes of a sexual nature which cause awkwardness or embarrassment;
      5. Displaying and/or distributing pornographic pictures or other offensive material of a sexual nature, either through printed copy or through any digital means including online and web applications;
      6. Leering (suggestive staring) or other gestures;
      7. Unnecessary physical contact such as touching, patting or pinching;
      8. Expressions of gender bias which may include remarks that are discriminatory, degrading or derogatory and create a poisoned work or learning environment;
      9. Requests for sexual favours;
      10. Inappropriate intimate personal relationships between an employee and a student or subordinate;
      11. Sexual assault.
3. “Personal Harassment” is objectionable conduct (including a written or verbal comment, a physical act or gesture or a display, or any combination of them) that creates a risk to the health of an individual or severe conduct that adversely affects an individual’s psychological or physical well-being. Conduct is considered objectionable if it is based either on any of the characteristics set out in the list contained in the definition of “Discrimination” (section 5.2(b)) or based on physical size or weight. Conduct is considered severe if it could reasonably cause an individual to be humiliated or intimidated and is repeated, or, in the case of a single occurrence, has a lasting, harmful effect on an individual.

7.0 Bullying

7.1

Any member of the College Community who commits Bullying in relation to a College Matter will be subject to corrective action, including any form of disciplinary action found to be appropriate in the circumstances.

7.2

“Bullying” means frequent or persistent negative actions or comments directed towards an individual or group of individuals that are inappropriate, demeaning or otherwise offensive and that reasonably creates an uncomfortable, hostile, or intimidating workplace or learning environment.

7.3

Bullying can include but is not limited to:

1. Repeated refusal to speak to someone;
2. Frequent avoidance of another College Community Member in circumstances where it is inappropriate to do so;
3. Persistent exclusion from workplace informational discussions or College social events,
4. Deliberately insensitive comments;
5. Deliberately and repeatedly setting tasks unreasonably below or beyond a person’s job duties and skill level in order to cause humiliation;
6. Spreading rumours or malicious gossip;
7. Belittling comments or behaviours;
8. Acts of lateral violence (i.e. bullying behaviours as a result of intergenerational trauma and/or historical colonization)
9. Yelling or screaming;
10. Abusive swearing at another individual;
11. Rude and inappropriate gestures;
12. Slamming doors;
13. Throwing objects;
14. Verbal threats;
15. Physical intimidation such as hostile physical posturing;
16. Unwanted physical contact, or violent behaviour.

7.4

In a positive workplace or academic culture, differing viewpoints contribute to healthy debate about issues if offered in a respectful and appropriate way. Innovative ideas, discussions, solutions and workplace improvements are often the result. However, disagreement that escalates into unmanaged conflict may become Bullying. Bullying, which continues or increases in severity and frequency, may become Harassment.

7.5

Some forms of Bullying, such as threatening statements or behaviour, may amount to a breach of College Policy E13 – Violence Prevention.

8.0 Sexual Violence

8.1

Any member of the College Community who commits an act of Sexual Violence in relation to a College Matter will be subject to corrective action, up to and including any form of disciplinary action found to be appropriate in the circumstances.

8.2

“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, without limitation, sexual assault, sexual harassment, stalking, controlling behaviour, indecent exposure, voyeurism and sexual exploitation.

8.3

“Consent” means the voluntary agreement to engage in sexual activity. An individual must actively and willingly give consent to sexual activity. For greater certainty, Consent:

1. Must be freely and voluntarily given;
2. Is never assumed;
3. Is never implied;
4. is not silence or the absence of “no”;
5. Cannot be given if an individual is impaired by alcohol or drugs, or is unconscious;
6. Can never be obtained through threats or coercion;
7. Can be revoked at any time before or during sexual activity; and
8. Cannot be obtained by an individual who is in a position of trust, power or authority.

Part 3: Disclosures and Support

9.0 Making A Disclosure

9.1

Members of the College Community are entitled to make a Disclosure of Sexual Violence, Discrimination, Harassment or Bullying to any other member of the College Community.

10.0 Obtaining Available Supports

10.1

Students are not required to make a Complaint in order to access the supports available through the College. Students need only disclose that they have experienced Sexual Violence, Discrimination, Harassment or Bullying (whether or not the incidents involved another member of the College Community, or involved a College Matter) to seek support. Counselling Services will assist any student who seeks support in developing a Support Plan and which may involve consulting the RRA, if appropriate. Supports for students available through the College may change from time to time. Students may access details of the currently available supports by visiting the College’s No Wrong Door microsite.

10.2

Employees including faculty and staff do not need to make a Disclosure in order to access confidential support through the College’s Employee and Family Assistance Program. If an employee requires additional supports such as accommodation or safety planning among others, the RRA will coordinate developing a Support Plan for that Member of the College Community.

11.0 Receiving A Disclosure

11.1

In the event that an employee of the College receives a Disclosure of Sexual Violence, Discrimination or Harassment, the employee receiving the disclosure shall:

1. Listen without judgment;
2. Review the current safety of the individual making a disclosure;
3. Inform the individual that supports are available through the College or the wider community and encourage the individual to access such resources;
4. Respect the individual’s right to choose whether, how, when, or where to seek support, including whether to make a Complaint;
5. Direct the Individual to the RRA for further information and options;
6. Avoid giving personal advice;
7. Maintain confidentiality except as may be required by these Procedures.

11.2

In the event that a student at the College receives a Disclosure of Sexual Violence, Discrimination or Harassment, the student receiving the disclosure shall maintain confidentiality except as may be required by these Procedures. The student receiving the disclosure is also encouraged to:

1. Inform the individual that supports are available through the College or the wider community and encourage the individual to access such resources;
2. Respect the individual’s right to choose whether, how, when, or where to seek support, including whether to make a Complaint;
3. Direct the Individual to the RRA for further information and options;
4. Avoid giving personal advice;

11.3

Where a Disclosure made to an employee of the College is an allegation of Sexual Violence, Discrimination or Harassment involving another member of the College Community, the employee who receives the Disclosure must inform the RRA of the Disclosure, with the sole exception of Disclosures made in a therapeutic context to a counsellor in Counselling Services or Disclosures made in a medical context to a nurse or medical doctor employed by Health Services at the College. Disclosures made to these professionals are subject to distinct professional confidentiality obligations, and must only be communicated to the RRA where there is a legal obligation to report, such as in the case of a minor.

11.4

In the event that a Disclosure is made to a counsellor, nurse or medical doctor employed by the College and the professional does not have a legal requirement to report the disclosure, the counsellor, nurse or medical doctor will encourage the individual making a disclosure to contact the RRA for further information and options.

Part 4: Complaints

12.0 Role of the Respectful College Advisor

12.1

The Respectful College Advisor (the “RCA”), or their delegate, will have the following duties:

1. Provide College Community Members with information and guidance about options available under these Procedures;
2. Provide College Community Members with detailed information about supports that can be accessed to help individuals cope with experiences of Sexual Violence, Discrimination, Harassment and Bullying;
3. Develop and deliver training for the College Community in relation to the RWLE Policy and the Sexual Violence Policy;
4. Receive Complaints as set out in these Procedures;
5. Conduct an Initial Review of Complaints received and direct concerns of Bullying or other forms of conduct or communication that do not support a Respectful Workplace or Learning Environment to the Appropriate Administrator and/or a member of Human Resources Services;
6. Convene the Behaviour Intervention Team (“BIT”) in appropriate cases to ensure a comprehensive response, including a support plan;
7. Make recommendations about interim measures as may be required;
8. Lead resolution processes for any Complaint against another College Community Member where, following initial review, the Complaint contains facts which, if substantiated, amount to Sexual Violence, Discrimination or Harassment, including but not limited to:
   1. Informal resolution processes;
   2. Investigations;
   3. Making findings of fact;
   4. Making general recommendations regarding corrective action.
9. Track all internal complaints made to the College, and provide anonymized data as required to the College’s Director, Safety and Health Services for inclusion in the annual RRC Polytech Violence Report, a mandatory report under the Workplace Safety and Health Act and associated regulations.

12.2

In the event that the RRA leads the resolution process and/or investigation in relation to a Complaint, the RRA is impartial and is not an advocate for either party.

13.0 Options

13.1

Members of the College Community have options for making a Complaint in response to an incident of Sexual Violence, Discrimination, Harassment or Bullying in an effort to hold the person who has engaged in the breach accountable.

13.2

The Respectful College Advisor can assist College Community Members in understanding each of these options and in ensuring that they have all the information that they need in order to make an appropriate decision on next steps. It may be possible for an individual to pursue more than one reporting or complaint mechanism depending on the particular circumstances.

13.3

College Community Members can seek redress by accessing one or more of the following options, depending upon the particular circumstances:

1. Making a Complaint to RRC Polytech – Complaints can be made to the College under the RWLE Policy or the Sexual Violence Policy when a Member of the College Community is alleged to have breached either Policy. Detailed Procedures in the event that a Report is made to the College are set out in these Procedures.
2. Filing a Grievance – Individuals included in the Manitoba Government and General Employees’ Union bargaining unit at the College may have the option of filing a grievance under the collective bargaining agreement.
3. Reporting to Police – Reports of Sexual Violence or other forms of violence can be made to the police, including the local police and the R.C.M.P. as appropriate, in order to pursue criminal charges under the Criminal Code of Canada. Legal action (such as a criminal report to police) is the only option for pursuing an adjudication process or redress for Sexual Violence or other form of violence perpetrated by someone who is not part of the College Community. If this is the case, the Complainant can still access support through the College which could include restrictions on the Respondent’s ability to access campus. Where an incident is reported to both RRC Polytech and the police, the College will not suspend or terminate its internal processes, unless instructed to do so by police. The College will consult with the police as to how to proceed where such a situation arises.
4. Making a Complaint with the Manitoba Human Rights Commission –Complaints about discrimination may be made to the Manitoba Human Rights Commission under The Human Rights Code (Manitoba). In some instances the Human Rights Commission may not have jurisdiction over the concern.
5. Filing a Civil Action – Individuals may be able to file a civil claim in court in the event that the act alleged and/or damage caused forms the basis of a civil cause of action and the court has jurisdiction over the matter in question. Individuals considering this option are encouraged to seek legal advice.

14.0 Making A Complaint To The College

14.1

A Member of the College Community may choose to make a Complaint of Sexual Violence, Discrimination or Harassment to the College by contacting the RRA.

14.2

Any Member of the College Community may choose to make a Complaint of Bullying or other forms of conduct or conflict that do not support a Respectful Workplace or Learning Environment and may direct the Complaint as follows:

1. If the Complaint is made by a staff or faculty member, by making the Complaint to the staff or faculty member’s manager or other Appropriate Administrator;
2. If the Complaint is made by a Student, by making the Complaint to the Student’s Program Chair;
3. If the Complaint is made by any other member of the College Community or a Member of the public, by making the Complaint to the Director of Human Resource Services who will direct the concern appropriately.

14.3

Complaints of Sexual Violence, Discrimination or Harassment should be made as expeditiously as possible, and, in any event, within 12 months of the last alleged incident unless, in the discretion of the RRA, extenuating circumstances warrant an extension of time. The passage of time will not always preclude the consideration of a Complaint, but the circumstances may be such that it materially impairs the ability to investigate the matter.

14.4

Complaints of Sexual Violence, Discrimination or Harassment should be submitted in writing on the prescribed form, which may be obtained from the No Wrong Door microsite. In the event that a Complaint is not made on the prescribed form, the RRA or designate, will confirm the Complainant’s concerns in writing prior to commencing any resolution process.

14.5

When a Complaint of Sexual Violence, Discrimination or Harassment is received by the RRA, whether verbally or in writing, the RRA shall conduct an initial review and make an Initial Determination regarding whether the Complaint outlines facts and matters which, if true, may amount to Sexual Violence, Discrimination or Harassment, or whether the Complaint relates to Bullying or another form of conduct or comment that is not supportive of a Respectful Workplace or Learning Environment.

14.6

The RRA will notify the Complainant of the Initial Determination in writing as expeditiously as possible in the circumstances, and in any event, no later than 15 business days after having received the Complaint.

14.7

In the event that the RRA determines that a Complaint, if substantiated, may amount to Bullying, or another form of conduct or comment that is not supportive of a Respectful Workplace or Learning Environment, the RRA will direct the Complaint to the Appropriate Administrator at the College or member of Human Resource Services for expeditious review and corrective action as appropriate. The RRA will remain available to the Appropriate Administrator or member of Human Resource Services for consultation regarding resolution.

14.8

In the event that the RRA determines that a Complaint, if substantiated may amount to Sexual Violence, Discrimination or Harassment, the RRA will follow the processes outlined at Part 5 of these Procedures.

Part 5: Resolution Processes For Matters Involving Discrimination, Harassment Or Sexual Violence

15.0 Informal Resolution for Complaints against Members of the College Community

15.1

If it is determined that the allegations contained in Complaint may amount to Sexual Violence, Discrimination or Harassment, the RRA will consider options for informal resolution in every case. The College acknowledges that there are some situations where informal resolution is not possible or appropriate, but informal resolution will be encouraged where reasonable. Informal resolution options may produce more satisfactory results for Complainants and may be less disruptive to the Workplace or Learning Environment for Complainants, Respondents and the College as a whole. Informal resolutions may include facilitated dialogue or mediation, or other creative, feasible and mutually agreeable solutions.

15.2

The College is committed to considering and implementing Indigenous dispute resolution models where it is possible and appropriate to do so.

16.0 Investigation of Complaints against Members of the College Community

16.1

If the matter is not resolved informally (either because informal resolution is not pursued or because it is pursued but is not successful), or if the inappropriate behaviour continues or reoccurs, the RRA will determine whether an investigation is required.

16.2

Normally, investigations will be carried out by the RRA. As required, alternate or additional internal or external investigators may be appointed by the College’s General Counsel in consultation with the RRA.

16.3

The Investigator will carry out an investigation that is appropriate in the circumstances having regard to the severity of the allegations and will respect the requirements of procedural fairness for the Respondent. Investigations will generally include interviews with the Complainant, the Respondent and any relevant witnesses as determined by the Investigator, as well as the review of any relevant documentary or other evidence. The Investigator may develop and adopt specific procedures for the investigation process.

16.4

Investigations will be conducted as expeditiously as possible. Normally, investigations will be completed within 8 weeks after the RRA has communicated the Initial Determination that the matter falls under this Part 5 of the Procedures and has notified the parties of this determination. In the event that the investigation cannot be completed within 8 weeks, the Investigator has the discretion to extend the normal period for completion. In those circumstances, the Investigator will contact the Complainant and the Respondent at the beginning of every 2-week extension period to notify the Complainant and the Respondent of the extension and provide an explanation for the extension.

16.5

At any time during the investigation process, the Complainant or Respondent may be accompanied by a support person of their choice, including a union representative or student advocate. The support person cannot be a witness or potential witness in the investigation.

16.6

Even though an investigation has been commenced, the process may be interrupted at any time to proceed with informal resolution option(s) depending upon the circumstances of the matter.

16.7

Once an investigation has been concluded, a confidential Investigation Report will be prepared by the Investigator, which will include a decision about whether, on a balance of probabilities, the Respondent breached the RWLE Policy and/or the Sexual Violence Policy.

16.8

The Investigation Report will not make specific recommendations as to disciplinary action, as the ultimate responsibility for the resolution of the Complaint, based on the findings of the investigation, rests with the Appropriate Administrator. However, because the Investigation Report may serve as a remedial guide to correct deficiencies in the Workplace or Learning Environment, the Report may include general recommendations to correct such deficiencies.

16.9

The RRA will share the results of the investigation and/or provide a copy of the Investigation Report or written summary thereof to the Appropriate Administrator and/or to a member of Human Resource Services as appropriate.

16.10

If it is determined that the RWLE Policy or the Sexual Violence Policy has been breached, appropriate corrective action will be taken as soon as practicable by or at the direction of the Appropriate Administrator (in consultation with Human Resource Services, when the Respondent is an employee). The Administrator will confirm in writing within 2 weeks’ time to the RRA that such action has been taken. The 2-week timeframe may be extended as may be required by the circumstances, but in any event the Appropriate Administrator and/or member of Human Resources Services shall communicate to the RRA when corrective action has been taken.

16.11

Corrective action may include, but is not limited to:

1. Apology;
2. Training or coaching;
3. Referral to educational or psychological services;
4. Restricted access to specific areas of the College or to a particular campus;
5. Corrective or disciplinary measures such as a warning, reprimand, suspension or termination;
6. Alternative dispute resolution methods including mediation, conciliation or other restorative measures.

16.12

If it is determined that the neither the RWLE Policy nor the Sexual Violence Policy has been breached, no further action will be taken unless it is determined by the Investigator that the Complaint was frivolous, vexatious or in bad faith. Any Complaint that is determined to be frivolous, vexatious or in bad faith may result in disciplinary or other corrective action being taken against the Complainant.

16.13

The Complainant and the Respondent will be informed of the outcome of the investigation and specifically whether the Complaint was substantiated; whether the incident(s) complained of amounted to a breach of either the RWLE Policy or the Sexual Violence Policy; and whether corrective action has been or will be taken. Where no breach of the RWLE Policy or the Sexual Violence Policy is found, this determination will be communicated by the RRA to the Complainant and the Respondent. Where a breach is found, this determination and any corrective action will be communicated to the Respondent by the Appropriate Administrator and/or member of Human Resources Services. The RRA shall advise the Complainant of the outcome.

16.14

In the event that the Complaint was found to be frivolous, vexatious or in bad faith, this finding will be communicated along with whether corrective action has or will be taken. In accordance with the College’s privacy obligations, detailed personal information regarding specific disciplinary measures that may have been or will be imposed will not be shared with the parties as is set out more fully at section 17 of these Procedures.

16.15

All members of the College Community are required to cooperate fully in an investigation under these Procedures. This includes, but is not limited to, attending meetings with the Investigator and delivering relevant information. Interference with the conduct of an investigation or failure to cooperate in an investigation may itself result in disciplinary or other corrective action.

16.16

The President or any Vice-President, in circumstances where deemed appropriate to do so, may request that an investigation be conducted in the absence of a Complaint or in a situation that would normally be referred to an Appropriate Administrator or member of Human Resource Services. The College will utilize the same methods of investigation as set out herein, adapted as necessary to meet the circumstances. Based on the results of this investigation, appropriate corrective action may be taken.

16.17

A Respondent may appeal a disciplinary decision made against them if there is an established Appeal mechanism as follows:

1. If the Respondent is a unionized employee, in accordance with the grievance process defined by the collective agreement;
2. If the Respondent is a student, in accordance with the Student Discipline Policy.

16.18

The College may take any interim measures that are reasonable and appropriate in the circumstances, pending completion of the investigation of a Complaint of Sexual Violence, Discrimination or Harassment. Such measures are preventative as opposed to punitive and may include, but are not limited to, removing one of the parties from the environment of the alleged incident, ordering one of the parties to cease and desist from engaging in a particular behaviour, no-contact orders, changes to class scheduling or restricting access to campus.

16.19

Interim measures shall be determined as follows:

1. If the interim measures relate to a staff or faculty member, by Human Resource Services. The RRA will remain available to Human Resource Services for consultation regarding reasonable and appropriate interim measures in the circumstances.
2. If the interim measures relate to a student, by the Behavioural Intervention Team (“BIT”). The RRA will remain available to the BIT for consultation regarding reasonable and appropriate interim measures in the circumstances.

17.0 Confidentiality

17.1

The College will endeavour to maintain the confidentiality of all members of the College Community who are involved in a matter falling under this Policy to the extent practicable and appropriate in all of the circumstances. College Community Members need to be aware that privacy laws, in particular The Freedom of Information and Protection of Privacy Act, prevent the College from disclosing “personal information”, which has been defined to include specific findings, outcomes and disciplinary measures in relation to Complaints investigated in accordance with these Procedures. These restrictions on disclosures apply to any individual to whom the personal information does not concern and may include Complainants, witnesses, the media and prospective employers. Accordingly, all parties should understand that a public denunciation of wrongdoing is not an outcome that can be expected from pursuing a Complaint under these Procedures.

17.2

Every individual involved in any informal or formal process under the RWLE Policy or the Sexual Violence Policy, including the Complainant, Respondent and any witness, is expected to observe confidentiality and to refrain from discussing any details of any allegations, Complaint, informal resolution process, investigation process or outcome.

17.3

Neither the College nor any member of the College Community involved in the Complaint process will disclose the name of a Complainant or Respondent or the details of the Complaint to any person except where such disclosure is necessary to investigate or take corrective action with respect to the Complaint, or is required by law. The RRA may discuss specific Disclosures and Complaints, and their resolutions so long as identifying personal information or other information that may result in identifying individuals has been removed where doing so is necessary or advisable in order to further educational and preventive intervention measures in appropriate cases.

17.4

Intentional or unnecessary breaches of confidentiality by any person may result in disciplinary action.

17.5

Copies of written Complaints and all other related material will be maintained by the RRA and kept confidential, except as otherwise provided in this Policy or as required by law.

18.0 Retaliation

18.1

Retaliation against a person who has complained of Sexual Violence, Discrimination or Harassment, given evidence in an investigation or been found to be in breach of the College’s RWLE Policy or the Sexual Violence Policy, whether the Complaint was substantiated or unsubstantiated, may itself result in disciplinary action up to an including dismissal/expulsion or other corrective action.

19.0 Other Actions Not Precluded

19.1

These Procedures are not intended to discourage or prevent any member of the College Community from exercising any other legal rights pursuant to any law, including the filing of a complaint with the Manitoba Human Rights Commission.