Policy 67b

Approved by Senate June 13, 2016 and by the Board of Governors June 27, 2016.

Amendments
Date: November 25, 2019 - Senate
Date: December 9, 2019 - Board of Governors
Date: June 13, 2022 - Senate
Date: June 22, 2022 - Board of Governors
Date: June 19, 2023 – Senate
Date: June 21, 2023 – Board of Governors
Date: September 22, 2025 - Senate
Date: September 25, 2025 - Board of Governors

Please contact the Secretariat for previously approved versions.

PURPOSE

1.1    This Policy sets out the University of Ottawa’s principles, values and commitments with regards to preventing incidents of sexual violence in the University’s learning and work environment and provides a process for addressing Complaints (see Appendix A  of this Policy).

2.    DEFINITIONS AND INTERPRETATION

2.1    Capitalized words and expressions in this Policy and any procedure adopted pursuant to it have meanings set out in Appendix B.

2.2    The expression “Sexual Violence” when used in this Policy encompasses any one or more of the activities defined in Appendix B, such as (but not limited to) “Sexual Assault,” “Sexual Harassment,” “Stalking,” “Indecent Exposure,” “Voyeurism” and “Technology-Facilitated Sexual Violence.”

2.3    This Policy and any related procedures adopted pursuant to it must be interpreted in a manner consistent with the University’s obligations under applicable laws.

3.    APPLICATION

3.1    This Policy applies to all members of the University Community.

3.2    This Policy applies to Complaints of Sexual Violence made to the University’s Human Rights Office (HRO) involving members of the University Community engaged in or carrying out their University roles, responsibilities or engagements with a connection to the University learning or work environment. 

3.3    Where Sexual Violence is covered by a collective agreement and there are conflicting provisions between this Policy and the collective agreement, the collective agreement will take precedence unless its provisions are contrary to applicable laws, and compliance-related modifications to such provisions have not yet been agreed to by the University and the relevant union.

3.4    Related University policies include:
Policy 66 — Prevention of Workplace Violence 
Policy 67a — Prevention of Harassment and Discrimination
Policy 130 — Student Rights and Responsible Conduct
Policy 77 — Occupational Health and Safety and the related Procedure 14-1 Internal Responsibility for Health and Safety Issues
Policy 121 — Statement on Free Expression 
Faculty of Medicine Professionalism Policy
Recreation and Varsity Sports policies on prohibited behaviours and maltreatment in sport

However, only this Policy applies if the circumstances of a disclosure or a complaint of sexual violence also encompass harassment and/or discrimination.

4.    GENERAL PRINCIPLES

4.1    The University recognizes that sexual violence is a fundamental affront to an individual’s rights, dignity and integrity. It is committed to maintaining a learning and work environment that promotes understanding and respect for the dignity of the person as part of the University Community, free from Sexual Violence.

4.2    The University is also committed to facilitating access to support mechanisms for members of the University Community who experience Sexual Violence. The University ensures that survivors are believed, heard and treated with compassion and will appropriately accommodate their needs, in line with an anti-oppressive, intersectional, survivor-centred and trauma-informed approach. 

4.3    The University seeks to prevent sexual violence, including by safely intervening and speaking out when the University sees it occurring. The University will not tolerate sexual violence towards members of the University Community.

4.4    The University expects all members of the University Community (including, without limitation, visitors and guest speakers, contractors and those renting or occupying a University facility or engaged in a University activity) to adhere to the above-mentioned principles.

4.5    The University recognizes its obligations under the legal framework set out in the Ontario Human Rights Code, Ministry of Training, Colleges and Universities Act, and the Occupational Health and Safety Act. 

4.6    The University also recognizes that it is obligated to assess, address, investigate and remedy proven acts of Sexual Violence and that its response must be timely, effective and proportionate to the circumstances. The University will provide and maintain a fair, impartial and timely process for reporting and investigating Complaints of Sexual Violence.

4.7    The University is committed to providing training to members of the University Community, as well as other educational activities, to offer information about this Policy and Sexual Violence issues, with content tailored to the audience and relevant to its roles and responsibilities in responding to and addressing sexual violence.

5.    HUMAN RIGHTS OFFICE (“HRO”)

5.1    In addition to the responsibilities described elsewhere in this Policy, the HRO is responsible for:

a)    providing information to members of the University Community on the prevention of Sexual Violence;
b)    interpreting this Policy;
c)    implementing and maintaining a process for receiving, investigating and managing Complaints, and delegating tasks or retaining internal or external Investigators or other assistance as it deems necessary;
d)    recommending interim measures during a Complaint process to the Appropriate Authority or to other relevant University officials with authority to approve or implement them;
e)    annual reporting to the Board of Governors and to the Ministry of Colleges, Universities, Research Excellence and Security, in a manner that protects the privacy of individuals and the confidentiality of information. The annual report will be made publicly available on the University website and submitted to the Ministry of Colleges, Universities, Research Excellence and Security, and must include the following:
1)    the number of times supports, services and accommodation relating to sexual violence are requested and obtained by students enrolled at the college or university, and information about the supports, services and accommodation,
2)    any initiatives and programs established by the college or university to promote awareness of the supports and services available to students, 
3)    the number of incidents and complaints of sexual violence reported by students, and information about such incidents and complaints, and
4)    the implementation and effectiveness of this Policy.

5.2    The HRO is impartial on matters of Sexual Violence and in its handling of Complaints. It does not advocate for a Complainant or for a Respondent.

6.    APPROPRIATE AUTHORITY

6.1    The Appropriate Authority is the University official who holds a University role with authority over the Respondent to a Complaint. The Appropriate Authority is responsible for and has the authority when it comes to:

a)    deciding on interim measures or, depending on their nature, recommending them to the relevant governing body at the University with authority to approve or implement such interim measures;
b)    making a final decision in response to a Complaint on,
1)    whether to accept or reject the Investigator’s report;
2)    consequences after a consultation with Human Ressources or Faculty Relations, as applicable, or, if not within their authority, recommending consequences to the relevant delegated authority or governing body at the University with authority to approve, impose or implement them;
c)    following up on the implementation of consequences resulting from a Complaint, including, where appropriate and depending on the nature of the consequences, working with Human Resources or Faculty Relations or the relevant administrative or academic unit.

6.2    The Appropriate Authority will depend on the University position of the Respondent or the Respondent’s relationship to the University. The table below offers guidance on identifying the Appropriate Authority.

6.3    If the Appropriate Authority cannot be identified in the table above or if the Respondent holds more than one role with the University (for example, the Respondent is a student and an employee), the Appropriate Authority will be determined by the HRO based on the nature of the alleged conduct or incident(s) and the person holding a position of authority over the Respondent in relation to such alleged conduct or incident(s).

6.4    If an Appropriate Authority is unable to act or is a conflict of interest, the HRO will determine the Appropriate Authority to act. Alternately, the person in authority over the Appropriate Authority who is unable to act or is in a conflict of interest will either act as the replacement Appropriate Authority or appoint an alternate Appropriate Authority.  

7.    DISCLOSING SEXUAL VIOLENCE TO THE UNIVERSITY

7.1    General provisions about disclosing

a)    Any member of the University Community who believes that they may have experienced or witnessed Sexual Violence is encouraged to disclose the incident to an employee, a service or to the HRO;
b)    If a University Community member who believes they have been subjected to Sexual Violence chooses to disclose the experience by confiding in another University Community member, the member of the University Community receiving the disclosure has a duty to make them aware of this Policy and the Complaint process in Appendix A, and encourage them to contact the HRO, to get support and information.
c)    See Appendix C for services that can offer support and their contact information. 

7.2    Disclosure in an emergency: 

a)    In an emergency on campus (imminent threat of sexual violence, of harm to a person or sexual violence is actually occurring), a report can be made to Protection Services or the Ottawa Police Service (911); 
b)    When a person reports an incident of sexual violence to Protection Services, Protection Services must send the report to the Human Rights Office for follow up unless the survivor requests otherwise. If a survivor requests the report not be transmitted to the HRO, Protection Services must consult with Legal Counsel to determine whether the University faces legal obligations associated with the report;
c)    Depending on the circumstances, Protection Services can offer to communicate with the person involved in the incident(s) of Sexual Violence on the survivor’s behalf and with the survivor’s consent, to inform that person that such conduct is unwelcome and must cease.

7.3    Disclosure in a non-emergency:

a)    The HRO is responsible for handling all disclosures of Sexual Violence involving a member of the University community in a non-emergency situation, whether the sexual violence has occurred on or off campus;
b)    When a person discloses Sexual Violence to the HRO, the person will be offered a consultation to discuss services available and potential options to address the matter in a timely and supportive way. Options can include, but are not limited to:
1)    referral to contacts for suitable supports, services or resources available at the University and in the community,
2)    communication with the person who is alleged to have engaged in sexual violence to inform that person that the conduct is unwelcome,
3)    assisting survivors in submitting academic or workplace accommodation requests on their behalf. The HRO is responsible for contacting professors, faculties, managers or any other relevant persons to ensure the implementation of reasonable accommodations. The HRO can refer to the Academic Accommodation Service if requests are outside its mandate. Examples of accommodations can include, but not limited to:
i.    exam or assignment deferral,
ii.    adjusting the grade weight of assignments or exams,
iii.    class and/or schedule changes, 
iv.    housing changes,
v.    making changes in a workplace that are not disciplinary but precautionary to avoid contact between parties, and 
vi.    placing an employee who is said to have engaged in sexual violence on a temporary non-disciplinary leave with pay.

4)    Where appropriate and to ensure safety, follow up and support for those involved, the HRO can, on a confidential and need-to-know basis, consult or seek the assistance of other internal authorities or resources for direction and can consult or seek the assistance of external parties relevant to the particular incident, such as student associations, employee associations, rape crisis centres and counselling services.

8.    GENERAL PROVISIONS REGARDING THE COMPLAINT PROCESS

8.1    Choice not to file a formal complaint or not to investigate: A person may choose not to file a formal complaint under Appendix A of this Policy and has the right not to participate in an investigation. If a person decides not to file a formal complaint under Appendix A of this Policy or requests that the University not investigate, the full range of supports and services outlined in Appendix C of this Policy remain available to that person. To the greatest extent possible, the University will respect the person’s choice not to proceed with a formal complaint under this Policy or a request that the University not investigate.
However, there are circumstances where the University may not be able to fulfil the person’s wishes and must initiate an investigation. 

Examples of such circumstances could include, but are not limited to:
•    Where required by law
•    Where the University has reason to believe that a member of the University community or broader University community may be at risk of harm; for example, where there is a risk of further sexual violence or violence

In such cases, the person has the right not to participate in such an investigation but may request, subject to any applicable collective agreement provisions, access to information and privacy legislation, that they be given an update on the status of such investigation and informed of its result, including the imposition of consequences or measures, if any.

8.2    Complaint process: The HRO receives, investigates and otherwise handles Complaints pursuant to this Policy according to the Complaint process in Appendix A of this Policy. This process is not intended to discourage individuals from pursuing any external legal recourse that may be available to them. It also does not replace or supersede Complaint or Investigation processes in any applicable collective agreement provisions that align with the University’s obligations under the Human Rights Code, the Ministry of Training, Colleges and Universities Act and the Occupational Health and Safety Act.

8.3    No reprisals: No person acting in good faith shall be negatively treated for bringing forward a Complaint, providing information related to a Complaint or helping to resolve a Complaint. There shall be no reprisals nor threats of reprisals or retaliation against a Complainant or anyone else taking part in a Complaint process or anyone pursuing their rights under this Policy. All involved parties must be able to participate freely in a Complaint process without reprisals or threats of reprisals.

8.4    Face-to-face protection: The Complainant and the Respondent are not required to attend any meetings together during the formal complaint process unless they agree to do so.

8.5    No discipline or sanctions for drug and alcohol offences: Complainants acting in good faith who report an incident of Sexual Violence will not be subject to discipline or sanctions for violations of any University drug and alcohol use policies at the time the alleged Sexual Violence occurred.

8.6    Irrelevant questions: Complainants who share their experience of sexual violence through disclosing, accessing support and/or reporting to the University will not be asked irrelevant questions from members of the University community, including investigators, such as those relating to sexual expression or past sexual history. To ensure this occurs, the HRO will ensure that all persons involved in the disclosing, assessing and reporting of sexual violence will have appropriate training.

8.7    Confidentiality:

a)    Individuals involved in a disclosure of Sexual Violence or a Complaint (including, but not limited to the Complainant, Respondent and their representatives or support persons referred to in 9.12c) of this Policy, witnesses and the Appropriate Authority) must maintain confidentiality to safeguard individuals against unsubstantiated allegations, protect the rights of those involved in the allegation and preserve the proper functioning of the Complaint process and the integrity of an Investigation.
b)    HRO staff will maintain confidentiality of a report or Complaint made to it and of any documents related to the Complaint, in accordance with University Policy 90 — Access to Information and Protection of  Privacy.
c)    Information in relation to a Complaint can be disclosed if the information is necessary for University employees or those retained by the University to carry out their University duties, carry out the Investigation, implement interim measures, impose consequences or otherwise enable the University to address the Complaint.
d)    Any person breaching confidentiality can be subject to discipline or other appropriate action.
e)    The University will make every reasonable effort to maintain confidentiality when it becomes aware of an incident of Sexual Violence and will limit disclosure of information about individuals to those within the University who need to know for the purposes of, or consistent with, addressing the situation, investigating or taking corrective action. However, the University might face additional legal obligations under the following circumstances, and might not be able to guarantee complete confidentiality if:
1)    an individual is at risk of self harm;
2)    an individual is at risk of harming an identified individual;
3)    members of the University community or the broader community may be at risk of harm;
4)    reporting or investigation is required by law 
  i.    The following examples are not meant to be exhaustive: an incident involving a minor, or obligations related to occupational health and safety or to human rights legislation. 

8.8    Initiating a Complaint: Members of the University Community who believe they have been subjected to or have witnessed Sexual Violence and that it should be investigated must report this in writing to the HRO to initiate a Complaint. Once reported to the HRO, the Complaint is treated in accordance with the process in Appendix A. A person can file or withdraw a Complaint without fear of reprisal or threat before the Appropriate Authority’s final decision.

8.9    Anonymous Complaint: An anonymous Complaint can be considered by the 
HRO if it consists of sufficient, substantive and verifiable information and if the Complainant’s anonymity does not prejudice the fairness of the Investigation. 

8.10    Alternative Measures: At any time before or during the Complaint process set out in Appendix A of this Policy, if both the Complainant and the Respondent have voluntarily agreed in writing to participate, alternative measures can be implemented. Each alternative resolution process should be designed with the Complainant and the Respondent, considering the context of the complaint, and can incorporate principles of restorative justice. Examples can include direct communication with the parties involved in addressing the Complaint and discussion about possible outcome(s), an apology, mediation or other forms of resolution. Either Party can discontinue a resolution process at any time. The decision not to participate in a resolution effort (or to discontinue it, if it has begun) must not be held against a Party and there must be no negative consequences. Where a resolution is reached, it must be documented and agreed to by the Parties in writing. Where resolution efforts are not successful, the Complaint process remains available to address the Complaint.

8.11    Investigation: The Investigation into a Complaint must be impartial, timely and fair, and address all relevant issues of Sexual Violence. The HRO will ensure that Investigations are conducted into disclosures made to it of alleged incidents of Sexual Violence involving the University and a member of the University Community where 
i.    there is a legal obligation to investigate but no Complaint has been filed with it,
ii.    there is no person willing to act as a Complainant, or 
iii.    the Complainant has chosen not to pursue the Complaint. 
In such cases, the Investigation will be conducted in accordance with Appendix A, Section A3.

8.12    Support:
a)    The University recognizes that those involved in a Complaint might require different services, resources and supports at different times. The University is committed to making available reasonable support services and mechanisms and treating each individual with compassion, which could include on-campus workplace and/or academic accommodations, referrals to counselling or to health care, or on-campus safety planning.
b)    Students and staff who are a Party to a Complaint are always free to consult with or seek advice and support from the relevant student association, union or other employee group about the matter, including regarding confidentiality, support and services, and the Complaint process.
c)    The Complainant and Respondent to a Complaint can be accompanied by a support person of their choice. The support person can provide encouragement or other emotional or moral support. The support person’s role is not to act or speak on behalf of a complainant or respondent; representations (both oral and written) must come directly from the Complainant and Respondent. The support person must maintain the confidentiality of information and may be required to sign a confidentiality agreement.

8.13    Interim measures: Measures can be put in place temporarily by the Appropriate Authority or their delegate during the Complaint process, pending resolution or Investigation of a Complaint, to stabilize a situation or to protect a person from retaliation or the threat of retaliation, to prevent further incidents or to address safety or other concerns, and/or otherwise provide support. Examples of interim measures can include preventing contact between the parties, modifying duties or schedules, or imposing a temporary leave of absence on a non-disciplinary or without prejudice basis. Interim measures are precautionary, not  disciplinary.

8.14    Complaint processing deadlines:

a)    Processing deadlines are established to ensure that complaints are dealt with in a timely fashion. There is no statute of limitations on disclosures and complaints, as long as the individual who is said to have engaged in Sexual Violence is a member of the University community and was a member of the University community at the time of the incidents alleged in the formal complaint (the “Respondent”). 
b)    There might be, in exceptional circumstances, reasons to extend a deadline established in the Complaint process. In such cases, the HRO can extend a deadline where the delay is requested in good faith and the extension does not prejudice or harm those involved in the Complaint. It can be difficult to determine appropriate timelines for the resolution, Investigation or a final disposition with respect to a Complaint. Therefore, where no deadlines are established, the intention is always to use a reasonable time period and to act as expeditiously as possible in light of the nature and complexity of the circumstances of the Complaint and of other circumstances that may arise during the process that are beyond a Party’s reasonable control.

8.15    Consequences: Where Sexual Violence has occurred, the University will take appropriate preventative and corrective action and will, where warranted, hold individuals responsible in accordance with applicable collective agreement provisions, the terms of their employment, or University policies or procedures, or with the terms of their involvement with the University. Normally a final decision on the consequences will take effect immediately unless otherwise stated.

9.    REVIEW AND IMPLEMENTATION

9.1    The HRO is responsible for the review and implementation of this Policy. This Policy and any procedures adopted pursuant to it will be reviewed every two (2) years.

9.2    Revisions to the Policy will be sent for comment to the student associations (University of Ottawa Students’ Union (UOSU), Graduate Students’ Association (GSAED), employee groups, unions, and any other stakeholders, as determined by the HRO.

10.    APPROVAL AND AMENDMENTS

10.1    The HRO is responsible for recommending any amendments to this Policy. Amendments require the approval of the Board of Governors and the Senate.

10.2    The HRO may establish, amend or abrogate procedures for purposes of the effective implementation of this Policy, provided that such procedures are consistent with the provisions of this Policy and are approved by the Secretary- General.

10.3    Notwithstanding section 10.1, the Secretary-General can amend this Policy without the need to submit such amendment to the Board of Governors for approval if such amendment is required to:
a)    update or correct the name or title of a position, unit, law, bylaw, policy, procedure or authority; or
b)    correct punctuation, grammar, typographical errors, revisions to format and other technical revisions, where appropriate, if the correction does not change the meaning of a provision, or make other similar corrections if it is clear both that an error has been made and what the correction should be; or
c)    correct the form of expression of a provision in French or in English to be more compatible with its form of expression in the other language; or
d)    make consequential amendments to conform with or arising from another University bylaw, resolution, policy or procedure.

APPENDIX A — COMPLAINT PROCESS

A1.    INITIATION OF A COMPLAINT AND INTAKE

A1.1    A person who wishes to submit a Complaint to the HRO must:

a)    complete and submit the forms available on the HRO website or submit the complaint in writing to the HRO;
b)    provide the full name of the Complainant;
c)    provide the full name of the Respondent; and
d)    describe the nature and the extent of the allegations of Sexual Violence by using detailed facts, specific dates, and the names and contact information of potential witnesses.

A1.2    The HRO will do an initial review of the Complaint and will, if necessary, seek additional information from the Complainant if it is lacking sufficient detail to complete an initial review. The HRO can seek appropriate consultations and retain external assistance to conduct an initial review of the Complaint.

A1.3    The HRO will decide whether the Complaint is receivable in accordance with Section 3 of this Policy.

A1.4    If the HRO decides that the Complaint is receivable, it will:

a)    contact the Complainant about next steps under the Complaint process in this Policy,
b)    provide a copy of the Complaint to the Respondent for a response, and
c)    inform the Appropriate Authority of the HRO’s receipt of a Complaint and recommend interim measures, if any.

A1.5    If the HRO decides that the Complaint is not receivable, the HRO will communicate its decision and its reasons in writing to the Complainant. Where appropriate and applicable to the circumstances, the HRO will outline options that may be available to the Complainant under Policy 67a or Policy 130 or will refer the Complainant to other University policy or processes, or other resources. Below is a non-exhaustive list of potential instances where a Complaint is outside the scope of this Policy:

a)    the Complaint contains a request for advocacy;
b)    the Respondent is not a member of the University Community;
c)    the Complaint is anonymous and there is insufficient, substantive or verifiable information or the anonymity could prejudice the fairness of  an investigation;
d)    The definition of Sexual Violence in this Policy is not met by the alleged incident(s) described in the Complaint, even if true;
e)    the alleged incident or incidents, even if true, amount to,
1)    Harassment and Discrimination within the meaning of Policy 67a or to a Breach of Responsible Conduct by a student under Policy 130, in which case it should be treated by the HRO in accordance with the appropriate policy; or
2)    workplace issues that are not Sexual Violence as defined in this Policy, in which case, they can be referred to Human Resources or Faculty Relations.

A2.    INTERIM MEASURES

A2.1    The HRO and the Appropriate Authority will consult with Human Resources, Faculty Relations and the relevant administrative or academic unit before recommending or deciding on interim measures that affect employees or students.

A3.    COMPLAINT PROCESSING

A3.1    RESPONDENT’S RESPONSE

The Respondent is given an opportunity to respond in writing to the allegations in the Complaint. The Respondent must send a written response (if any) to the HRO within 10 business days from the date the HRO sent the Complaint to the Respondent. If the Respondent does not provide a written response within 10 business days, the Complaint process will continue and may proceed to an Investigation.

A3.2    INVESTIGATION

A3.2.1 If the Complaint proceeds to an Investigation, the HRO will decide whether to designate an HRO staff member as the Investigator or to retain an external Investigator. As well, the Investigator must have the appropriate skills, training and/or experience.

A3.2.2 Investigations must be conducted in a procedurally fair manner in accordance with the following:

a)    the Investigator must be impartial and unbiased;
b)    the Respondent must be provided with a full and proper opportunity to respond to the allegations, which includes providing the Respondent with
1)    sufficient notice of the process;
2)    the opportunity to be interviewed; and
3)    a written copy of the specific allegations in advance of the interview;
c)    The Investigator must communicate with the Complainant and the Respondent to allow them to provide any additional information or comments, as well as with any other witness or person deemed necessary to inquire into the allegations.

A3.2.3 An external Investigator will keep the HRO informed on the status of the Investigation. The HRO, in turn, will inform the Complainant, the Respondent and the Appropriate Authority.

A3.2.4 Upon completion of the Investigation, the Investigator will send to the Complainant, the Respondent and the Appropriate Authority a written confidential final report summarizing the allegations, the steps taken during the Investigation, the evidence gathered, findings of fact and the Investigator’s determination of whether or not Complaint is substantiated. If the Investigation has been conducted by an external Investigator, the Investigator will send the final investigation report to the HRO staff member in charge of the Complaint, who in turn will send it to the Complainant, the Respondent and the Appropriate Authority.

A3.2.5 Depending on the circumstances, if the Respondent’s relationship with the University ends and they are no longer at or with the University, the formal complaint process in this Policy can be suspended or concluded without the Respondent. Similarly, if the Respondent returns and once again becomes a member of the University community, a formal complaint process can resume. A Respondent’s temporary leave of absence from the University or a temporary break in their relationship with the University does not prevent a resumption of a formal complaint process when such leave has ended or when the relationship between the University and the Respondent resumes.

A4.    OUTCOME

A4.1    The Appropriate Authority will carry out their responsibilities as referred to in Section 6.1 of this Policy.

A4.2    When deciding on the appropriate consequences, the Appropriate Authority must fully consider circumstances, including, but not limited to, the following, where relevant and as applicable:

a)    where a Complaint is founded, the Appropriate Authority should consider addressing the conduct, preventing the Sexual Violence from recurring and remedying the effects of the Sexual Violence;
b)    where a Complaint has been filed in good faith but, after investigation, is deemed unfounded, the Complainant should not be penalized;
c)    the severity of the behaviour or incident of Sexual Violence;
d)    any mitigating factors;
e)    any aggravating factors;
f)    the terms of any relevant collective agreement or other relevant terms and conditions of employment;
g)    any other factors the Appropriate Authority considers to be relevant.

A4.3    The following list provides examples of consequences. It is not meant to be exhaustive nor necessarily represent a progression of consequences:

a)    apology, if requested by the complainant;
b)    education and training;
c)    counselling or coaching;
d)    prohibited or restricted access to University premises;
e)    disciplinary measures such as a reprimand, suspension, dismissal or termination, or expulsion; in the case of a student or trainee, the Dean is the authority to suspend them from their program and the Provost and Vice-president, Academic Affairs is the authority to approve and impose mandatory and permanent withdrawal from their program or cancellation of their admission or registration at or relationship to the University; 
f)    broader institutional measures.  
It should be noted that according to the Ministry of Training, Colleges and Universities Act (Sexual misconduct by employees), if an employee commits an act of sexual violence toward a student, the employee is not entitled to notice of termination or termination pay or any other compensation or restitution as a result of the discharge or disciplinary measure. If an employee is discharges or resigns from their employment, the institution must not subsequently re-employ the employee.

A4.4    The Appropriate Authority will consult with Human Resources or with Faculty Relations as applicable before deciding on consequences that are disciplinary or affect the employment conditions of the Complainant or Respondent.

A4.5 The Appropriate Authority will inform the Complainant and the Respondent in writing of the outcome of the Complaint and will outline steps of an appeal, if available.

A4.6    Information related to the outcome of the Complaint can be disclosed subject to applicable collective agreement provisions, University Policy 90 – Access to Information and Protection of Privacy or other applicable laws.

A4.7    The imposition of consequences takes effect immediately unless otherwise stated by the Appropriate Authority or unless the sanctions and measures require the approval or decision of another delegated authority or governing body at the University.

A5.    APPEAL

A5.1    REQUEST FOR AN APPEAL

A5.1.1 Either Party can appeal a final decision made under Section 6.1b) of this Policy within 10 business days of the date of the final decision. The request for appeal must be made in writing and specify in detail the grounds for appeal. The other Party will be given an opportunity to respond to the appeal.

A5.1.2 An appeal is not an opportunity for the Complainant or the Respondent to repeat the information provided to the Investigator or to the Appropriate Authority. The right to an appeal is not automatic and an appeal will only be referred to and considered by an appeal committee referred to in Section A5.2 if it meets the following requirements:

a)    The appeal is of a final decision of the Appropriate Authority or a University governing body pursuant to Section 6.1 b) of this Policy.
b)    The appeal must be made in writing to the HRO within 10. business days of the date of the final decision that is the subject of the appeal.
c)    The appeal must include the reasons for the appeal and why it should be granted, the arguments in support of the appeal and the outcome sought.
d)    An appeal must be made by either the Complainant or the Respondent.

A5.1.3 The HRO will review the request for appeal and decide whether it meets the requirements of section A5.1.2. If the request does not meet the requirements of section A5.1.2, the HRO will so inform the requesting Party. If the request for appeal meets the requirements in section A5.1.2, the HRO will refer it to an appeal committee as mentioned in section A5.2 and will so inform the Party requesting the appeal and the other Party. The HRO’s decision resulting from its review of the request for an appeal is final.

A5.2    APPEAL COMMITTEE

A5.2.1 Within 30 days after making its decision referred to in section A5.1.3, the HRO will appoint three individuals from the University Community to form an appeal committee, taking into consideration the Parties to the formal complaint (for example if both a Complainant and the Respondent are students, a student will be appointed to the appeal committee). The members of the appeal committee will decide who among them will act as chair of the committee.

A5.2.2 The HRO will ensure the members of the appeal committee have knowledge of proper investigative practices and of basic principles of procedural fairness in complaint processes, specifically in relation to Sexual Violence.

A5.2.3 The appeal process is conducted in writing. The Complainant or Respondent, as the case may be, does not need to respond to the appeal unless the appeal committee sends a letter requesting them to do so. The HRO will send members of the Appeal Committee a copy of the Complaint, the Respondent’s response and any written replies, the final Investigation report and any comments, a copy of the written appeal and a copy of the Appropriate Authority’s decision.

A5.2.4 The appeal committee will review the documentation, to determine whether the Party seeking the appeal has demonstrated that:

a)    there has been a fundamental procedural error in the making of the final decision and that the said error has caused or will cause actual prejudice to the Party seeking the appeal; or
b)    there are new facts relevant to the final decision that were not  available and could not have been provided to the Appropriate Authority or the University governing body.

A5.2.5 The following is a non-exhaustive list of examples of situations in which an appeal would not be granted:

1)    The appeal asks for review of a sanction or measure that has not yet been finally decided or approved.
2)    The appeal repeats arguments made in written submissions and does not provide any new information relevant to the final decision.
3)    The appeal is based only on a disagreement with a finding of fact, including findings made about the credibility of witnesses.
4)    The appeal raises new arguments that were not made but could have been made in written submissions or to the Appropriate Authority or University governing body.
5)    The appeal amounts to a mere speculation or a bald statement of a procedural error causing prejudice and does not provide detailed, convincing information to establish the error and establish a link between the error and actual prejudice or a reasonable expectation of prejudice to the person seeking the appeal.

A5.2.6 The appeal committee can deny the appeal if it decides that the appeal shows no reasonable prospect of meeting the requirements of section  A5.2.4 or if the appeal falls under an example listed in A5.2.5. In such a case, the chair of the appeal committee will inform the requesting Party of its decision.

A5.2.7 If the appeal shows a reasonable prospect of meeting one of the requirements of Section A5.2.4, the chair of the appeal committee will inform the responding Party of the appeal, provide the documents listed in section A5.2.3 to the responding Party and request that the responding Party provide their response to the appeal, if any, to the appeal committee within 10 business days.

A5.2.8 Once the responding Party to the appeal has had an opportunity to file a response with the appeal committee, the appeal committee, after reviewing the documents listed in section A5.2.3 and any written representations made by the Party seeking the appeal and the responding Party, will

a)    decide to grant or reject the appeal;
b)    if needed, provide recommendations to the Appropriate Authority to revise the final decision related to consequences or measures.

A5.2.9 The decisions of the appeal committee and the reasons in support of it must be in writing and be delivered to the Complainant and to the Respondent.
Simultaneous with the delivery of the decision to the Complainant and the Respondent, the decision of the appeal committee will also be communicated to the HRO and to the Appropriate Authority.

A5.2.10 All decisions of the appeal committee are final.

A6.    OTHER RECOURSE

A6.1    After exhausting the Complaint process under this Policy and any other complaint process available at the University, the Complainant or Respondent can seek the assistance of the University Ombudsperson or the Ontario Human Rights Tribunal.

APPENDIX B — DEFINITIONS

For the purposes of this Policy and any procedures adopted pursuant to it, the following words and expressions have the following corresponding meanings.

“Accommodation” refers to a measure implemented in the context of education or employment to provide support to the survivor. These measures might include, for example, exam or assignment deferral, class changes, schedule changes and/or housing changes. 

“Appropriate Authority” is described in section 6 of this Policy.
“Complaint” means a written complaint of alleged Sexual Violence or alleged reprisals pursuant to this Policy.

“Complainant” means any person who believes that they have experienced or witnessed Sexual Violence and who files a Complaint and seeks recourse pursuant to this Policy. The University can be a Complainant.

“Consent” means an active, direct, voluntary, ongoing, unimpaired and conscious choice and agreement to engage in sexual activity. These elements of consent must be present, even if alcohol or drugs have been consumed. Consent cannot be given by a person whose judgement is impaired by drugs or alcohol or by other forms of impairment. It is not acceptable for a person who is said to have engaged in 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:
a)    cannot be assumed nor implied
b)    cannot be given by silence or the absence of “no”
c)    cannot be given by an individual who is impaired by alcohol or drugs, or is unconscious
d)    cannot be given by an individual who is asleep
e)    cannot be obtained through threats or coercion
f)    can be revoked at any time 
g)    cannot be given if the person who is said to have engaged in sexual violence has abused a position of trust, power or authority 
h)    might not be given properly if an individual has a condition that limits their verbal or physical means of interaction or that limits their capacity of processing the necessary information relevant to making an informed decision about consent — in such instances, it is extremely important to determine how consent will be established.

“Disclosure” refers to a person’s choice to report an incident of sexual violence to a member of the University Community. A person making a disclosure must be informed about Policy 67b and their ability to access information about options and services through the Human Rights Office. A disclosure does not mean that an informal or formal process is automatically initiated.

“Formal Complaint” refers to the choice of a survivor to file a formal complaint against the alleged perpetrator of sexual violence. On the other hand, the survivor can, if they prefer, choose alternative means, but this does not prevent them from filing a formal complaint at a later date. 

“Gender-Based Violence” refers to harmful acts directed at an individual based on their gender. It is rooted in gender inequality, the abuse of power and harmful norms. It disproportionately impacts women, girls and two spirit, trans and non-binary people. It includes sexual, physical, mental and economic forms of abuse inflicted in public or in private as well as threats of violence, coercion and manipulation. Gender-based violence includes intimate partner violence and abuse. 

“Head of Unit” means the University employee who holds a University position with the highest level of managerial decision-making authority in an academic or administrative unit.

“HRO” means the University’s Human Rights Office.

“Indecent Exposure” The exposure of the private or intimate parts of the body in a sexual manner, in a public place where the perpetrator may be readily observed. Indecent exposure includes exhibitionism.

“Investigation” means the act of formally examining the alleged incidents of Harassment or Discrimination, events and behaviours described in the Complaint and in the Respondent’s response to the Complaint, in a manner appropriate in the circumstances, to determine whether there has been a breach of Policy 67b. For the purposes of this Policy, an Investigation begins when the appointed Investigator first contacts the Complainant(s) and Respondent(s) and ends when the Investigator submits their final report.

“Investigator” means a person, either internal or external to the University, who is appointed by the HRO to do an Investigation into allegation of Harassment or Discrimination.

“Non-Consensual Condom Removal (Stealthing)” A form of sexual assault in which a sexual partner removes their condom during the sexual act without the knowledge or consent of the other partner.

“Party” means either the Complainant or Respondent and where plural, means both.

“Reprisal” means an action or threat that is intended as retaliation against a person for making a disclosure, filing or withdrawing a complaint of sexual violence, or participating in the complaint process, pursuant to this Policy or related collective agreement provisions. 

“Respondent” means a person or persons against whom an allegation of Harassment or Discrimination has been made pursuant to this Policy.

“Sexual Assault” means any sexual physical contact, without the consent of a person, which may include unwanted kissing, fondling, sexual intercourse, oral or anal intercourse, other forms of penetration, or any other unwanted physical contact of a sexual nature.

“Sexual Exploitation” Taking advantage of another person through non-consensual or abusive sexual control. This may include the digital or electronic broadcasting, distributing, recording and or photographing of people involved in sexual acts without their consent.

“Sexual Harassment” means engaging in a course of vexatious comment or conduct against a person based on gender, sexual orientation, gender identity or gender expression where the course of comment or conduct is known or ought reasonably to be known to be unwelcome. In some cases, one incident could be serious enough to be sexual harassment. The following is a list of examples that is not meant to be exhaustive:

a)    sexual solicitation or advances where the person making the solicitation or advances is in a position to confer, grant or deny a benefit or advancement and the person making the solicitation or advance knows or ought reasonably to know that the solicitation or advance is unwelcome;
b)    an implied or expressed promise of reward for complying with a sexually oriented request;
c)    an implied or expressed threat of reprisal or actual reprisal for refusing to comply with a sexually oriented request;
d)    a sexual relationship that constitutes an abuse of power in a relationship of authority;
e)    a course of sexually-oriented comments or behaviours that may reasonably be perceived to create a negative psychological and emotional environment for work or study; or
f)    indecent exposure, voyeurism, degrading sexual imagery, degrading comments of a sexual nature (in person or online) and cyber-harassment of a sexual nature.

“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. It includes sexual assault, sexual harassment, stalking, indecent exposure, voyeurism, non-consensual condom removing (“stealthing”), sexual exploitation, technology facilitated sexual violence and gender-based violence. For further clarity, “sexual assault” includes rape.

“Stalking” means behaviours that occur on more than one occasion and cumulatively instil fear in the person or threaten the person’s safety or mental health, or that of their family or friends. Stalking includes non-consensual communications (e.g., face-to-face, phone, online), threatening or obscene conduct or gestures, surveillance and pursuit, and sending unsolicited gifts.

“Survivor” refers to a person who has been affected by sexual violence. Although the term is widely used in this Policy, the person is always free to choose how they would prefer to be identified.

“Survivor-centred approach” refers to a form of intervention that focuses, as much as possible, on the needs of the survivor and respects the survivor's choices in decision-making, support and intervention.

“Technology-Facilitated Sexual Violence and Gender based violence” A form of violence carried out through
various communication technologies, such as social media or text messaging. Examples can include sending sexual images, unsolicited sexual messages, photos or videos; and recording a person without their knowledge and then sharing or publishing sexual images of them, or threatening to share these images.

“University Community” means all individuals who have a relationship with or to the University, including but not limited to,
a)    students, trainees in postgraduate education, postdoctoral fellows,
b)    employees,
c)    individuals with a University academic appointment, visiting and emeritus professors,
d)    entities engaged by the University to provide services or goods, or entities renting or occupying a University facility;
e)    members of the Board of Governors, the Senate and any of their respective committees,
f)    employees of a University student group recognized by the University or of a University employee union when at a University facility or while acting in a capacity defined by their relationship to the University,
g)    guests, visitors, volunteers or persons who serve on advisory or other committees.

“Voyeurism” The surreptitious observation of a person without their consent and in circumstances where they could reasonably expect privacy. Voyeurism may include direct observation, observation by electronic means or visual recordings.

“Workplace Sexual Harassment” means a) engaging in a course of vexatious comment or conduct against a worker in a workplace, including virtually through the use of information and communication technology, because of sex, sexual orientation, gender identity or gender expression, where the course of comment or conduct is known or ought reasonably to be known to be unwelcome; or b) making a sexual solicitation or advance where the person making the solicitation or advance is in a position to confer, grant or deny a benefit or advancement to the worker and the person knows or ought reasonably to know that the solicitation or advance is unwelcome. In some cases, one incident could be serious enough to be sexual harassment.

APPENDIX C — SUPPORT AND SERVICES

A person affected by sexual violence is not required to disclose an incident or make a complaint about sexual violence under the formal complaint process of this Policy in order to obtain the supports and services referred to below or to receive appropriate accommodation for their needs.

Supports and services available at the University to obtain information about sexual violence and/or support include but are not limited to:

From the University

•    Human Rights Office
•    Protection Services
•    Psychotherapy and Mental Health Services (for students)
•    Academic Accommodations Service
•    Housing Service (Residence Life co-ordinators, community advisers, in-residence   
       professional counsellors)
•    Human Resources Health and Wellness section (for employees)
•    Employee and Family Assistance Program (for employees)
•    Faculty of Medicine (Online Incident Report Form) and Office of Faculty Affairs

From the University of Ottawa Students’ Union (OUSU) (for students)

•    Feminist Resource Centre
•    Pride Centre
•    Centre for Students with Disabilities
•    Student Rights Centre

From other providers

•    Centre d’aide et de lutte contre les agressions à caractère sexuel (CALACS)
•    Ottawa Rape Crisis Centre (ORCC) 
•    Centre for Treatment of Sexual Abuse and Childhood Trauma (CTSACT) 
•    Ottawa Police Service
•    Sexual Assault and Partner Abuse Program at the Civic Campus of the Ottawa Hospital
•    Catholic Family Services of Simcoe County Male Survivors of Sexual Abuse Support Services    
•    Tungasuvvingat Inuit    
•    Project Agape    
•    Men & Healing    
•    Sexual Violence Resources, Ontario

APPENDIX D — STANDING COMMITTEE ON THE PREVENTION OF SEXUAL VIOLENCE 

The University maintains a committee on the prevention of sexual violence with representation from students, academic staff, employees and senior administrators. This committee reports to the President, who will keep the Administrative Committee informed of its activities. The purpose of this committee includes the following:

1.    encouraging student organizations, faculties and administrative units to work together to promote a safe learning and work environment for the members of the University community;

2.    receiving and considering the annual reports from the Human Rights Office concerning sexual violence, covering the following:
1.    the number of times supports, services and accommodation relating to sexual violence are requested and obtained by students and information about the supports, services and accommodation;
2.    initiatives and programs established to promote awareness of the supports and services available to students;
3.    the number of incidents and complaints of sexual violence disclosed by students, and information about the incidents and complaints;
4.    the implementation and effectiveness of this Policy;

3.    making recommendations to the Office of the President on this Policy with regard to sexual violence;

4.    making recommendations to the Office of the President on additional resources required or other measures related to addressing sexual violence;

5.    making a report of its activities annually to the Office of the President for submission to the Board of Governors;

6.    considering and recommending proposals for new training programs brought forward by the Human Rights Office and monitoring the co-ordination, implementation and success of training programs related to sexual violence;

7.    monitoring the implementation of, and access to academic accommodations and other interim measures reported to it as referred to in paragraph 2 of this Appendix D, to address sexual violence across campus using a survivor-centred approach.