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Gender-Based Violence Prevention and Response Procedures – May 25, 2023 – Page 1 of 11

GENDER-BASED VIOLENCE AND MISCONDUCT

PREVENTION AND RESPONSE PROCEDURES

Procedure Type: Management

Initially

Approved:

May 25, 2023

Procedure

Sponsor:

President

Last Revised: May 25, 2023

Primary Contact:

Vice-President

Students & Vice-

President Finance

and Administration

Review

Scheduled:

May 25, 2028

Approver:

Board of Governors

A. PROCEDURES

The document outlines the procedures associated with the Gender-Based Violence Prevention and

Response Policy and provides guidance on how the University prevents and addresses incidents

of Gender-Based Violence and Misconduct.

Dating, Domestic, and Sexual Violence (DDSV) Services has been established to provide guidance

and confidential support regarding matters of Gender-Based Violence and Misconduct prevention

and response at the University. The contact information for DDSV Services is available online and

will be included within all relevant educational and information resources about the DDSV Services.

DDSV Services will work directly with the Gender-Based Violence and Misconduct Advisory

Committee in providing the ongoing review and evaluation of the activities and strategies

associated with the Policy.

CONFIDENTIALITY

1.1

Anyone who receives a Disclosure, Report, or who is involved in investigating or

resolving incidents of Gender-Based Violence and Misconduct will make every

reasonable effort to protect the personal information and maintain confidentiality of

both the Complainant and the Respondent by:

ollecting only relevant information and keep all information, including names,

incident details, investigation details, and outcomes, confidential and private;

sing information collected only for the purpose of supporting, responding, and

resolving the situation;

c. only providing necessary and relevant information to appropriate University

Officials with a defined role within the Policy.

nforming individuals involved within an incident of Gender-Based Violence

and Misconduct in advance when private or confidential information must be

shared with others. In the exceptional circumstances where confidential

information must be shared (as outlined within section 12.3 of the Policy) the

following steps will be taken:

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Inform the individual why the determination is being made that

confidential information must be shared;

ii.

Inform the individual what information will be shared and with whom;

iii.

Inform the individual when the information will be shared;

iv.

Inquire about and provide appropriate resources necessary to support

the individual to address the impact for the sharing of the information;

Provide the individual with relevant updates about actions that have

occurred as a result of sharing of the information.

e. The information and records associated with Gender-Based Violence and

Misconduct will be treated in a confidential manner and handled in accordance

with the Freedom of Information and Protection of Privacy Act and the

University Records and Information Management Program Policy.

DISCLOSURES

2.1

Any member of the University Community can receive a Disclosure of Gender-Based

Violence and Misconduct and does not normally initiate an investigation unless the

person who has experienced the violence chooses to submit a Report. Anyone

receiving a Disclosure should always respond with compassion by treating the

individual with respect and uphold their dignity by:

a. ensuring the person is safe;
b. recognizing that disclosing such an incident can be traumatic and that every

individual may have different reactions and requirements;

istening without judgement and communicate that Gender-Based Violence

and Misconduct is not the fault of the person who has experienced it;

d. avoiding asking for details about what happened or expressing opinions about

what someone should do;

e. making the person aware of the Policy and the confidential support and

assistance available through DDSV Services;

f. providing options about what to do next and respecting the person’s choice

about what actions they wish to take or not take;

g. make every effort to respect their confidentiality and anonymity.

2.2

Members of the University Community who receive a Disclosure are encouraged to

confidentially contact DDSV Services to discuss receiving a disclosure. Confidential

contact can be made in person, phone, or email. The purpose of contacting DDSV

Services is to support the person who received the Disclosure and ensure that the

person who made the Disclosure has been provided the necessary information and

the Policy has been followed. Those contacting DDSV Services are not required to

provide any identifying information about the person who made the Disclosure or the

details about the incident of Gender-Based Violence and Misconduct unless the

person who made the Disclosure has given their explicit consent.

2.3

Individuals who have made a Disclosure should be made aware that they are eligible

to receive resources and Accommodation Supports whether or not the individual

wishes to make a Report.

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ACCOMMODATION SUPPORTS

3.1

DDSV Services will work with the person who has experienced Gender-Based

Violence and Misconduct and/or the person who received the Disclosure to

determine any reasonable and appropriate Accommodation Supports and facilitate

the implementation of the identified Accommodation Supports by:

eviewing the relevant details of the Gender-Based Violence and Misconduct;

ssessing the impacts of the Gender-Based Violence and Misconduct on the

individual’s role within the University;

uggesting potential Accommodation Supports and identifying the actions that

would be necessary to implement the Accommodation Supports, the

necessary duration, and identifying any other person(s) who will be needed to

support the implementation of the Accommodation Supports;

d. implementing the Accommodation Supports either directly or with the support

of the previously identified person(s) or department(s) once the

Accommodation Supports have been agreed upon;

onitoring the effectiveness of any Accommodation Supports and adjusting

necessary.

3.2

Members of the University Community may need to be contacted to achieve

Accommodated Support, for example a faculty member may be asked to provide an

extension of a student’s academic deadline. To maintain the privacy and

confidentiality of individuals involved, only information necessary for the

Accommodation Supports are provided.

REPORTING

4.1

Individuals can make a Report directly to DDSV Services to initiate a complaint

process. DDSV Services will provide information about all Reporting options, both

internal and external, and can support the individual throughout the complaint

process.

4.2

When an individual chooses to submit an internal complaint under a University

Policy, a Report is submitted to the appropriate Policy Agent as determined by the

relationship the person (Respondent) who is alleged to have conducted the Gender-

Based Violence and Misconduct has to the University as follows:

Respondent is Student Respondent: Report submitted to the AVP Student

Experience and Success to be investigated in accordance with the Code of

Student Community Standards Policy.

Respondent is an Employee, volunteer, appointee, or others acting on behalf

of the University: Report submitted to the Associate Vice President Human

Resources to be investigated in accordance with the Workplace Violence and

Harassment Prevention Policy.

Respondent is not a member of the University Community: Report is submitted

to the Manager of Security Services to be reviewed in accordance with all

University safety requirements.

4.3

If a Complainant wishes to seek Alternative Resolutions as outlined within Section 7

of the Policy, they may do so by adding the request within their Report. This should

include information about the Alternative Resolution being requested and the reason

for the request.

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4.4

Anonymous and Third Party Reports can be submitted to DDSV Services who will

assess and submit the Report to the appropriate University Official to determine how

the Report can be addressed in accordance with University policies.

INTERIM MEASURES

5.1

Upon the review of the Report, if the Policy Agent identifies the existence of

immediate, ongoing, or possible risk to others or the University they will consult with

the Chief Safety and Risk Officer to assess and determine what, if any, Interim

Measures are necessary as per section 9 of the Policy.

5.2

The Policy Agent will provide the Chief Safety and Risk Officer with the Report and

assess the risk and determine any appropriate Interim Measures.

5.3

The Policy Agent will consult with the Complainant regarding the impact of the

identified Interim Measures prior to implementation.

5.4

The Policy Agent will provide a written notice of Interim Measures to those assigned

measures and to any University Official who must be aware of the Interim Measures

in order to implement or to ensure compliance.

5.5

Any individual assigned and/or those impacted by an Interim Measures may contact

the Policy Agent and/or the Chief Safety and Risk Officer with a request to review

the Interim Measures.

5.6

Any Interim Measure applied will be reviewed as necessary but at minimum within

30 days or as requested by someone impacted by the Interim Measures, pending

the completion of the Investigation.

ALTERNATIVE RESOLUTIONS

6.1

When a Report includes a request for Alternative Resolutions the Policy Agent will

review the request as per section 7 of the Policy.

6.2

The Policy Agent will review the Report and the request for Alternative Resolutions

and consult with DDSV Services regarding the request.

6.3

It is the decision of the Policy Agent whether or not the Alternative Resolution

request is an appropriate outcome given the nature of the Report and provide the

Complainant with reasons for their decision.

6.4

If the Policy Agent determines that Alternative Resolutions is an appropriate

outcome, the Respondent will be notified of the Report and the requested Alternative

Resolutions.

6.5

ny Alternative Resolution(s) are voluntary and must be agreed to by the Policy

Agent, the Respondent, and the Complainant. Any party may change their mind and

choose not to engage with the Alternative Resolution process prior to the completion

process.

6.6

Any Alternative Resolution(s) implemented must include agreement on the terms of

the documentation and records associated with the resolution as:

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Alternative Resolution(s) are considered informal and will not be used within

any formal University process;

Any records associated with an Alternative Resolution will only be maintained

for the purposes and terms as agreed.

INVESTIGATING REPORTS

7.1

All Reports involving possible violations of the Policy will be reviewed in a timely

manner and in accordance with the policy to which the Report was submitted.

7.2

If the Policy Agent determines the Policy applies, they will initiate an investigation

process of the Report in accordance with the associated Policy and will include steps

such as:

a. determining if there are multiple proceedings as per section 8 of the Policy by:

i. confidentially consulting with the Policy Agent responsible for the

administration of the other policy(s);

ii. providing only relevant details of the situation necessary to determine if

another policy applies;

iii. identifying the process that will be used to resolve all associated policy

requirements if Multiple Proceedings apply to the Report;

iv. informing the parties involved of the process that will be used for

investigating and resolving the Report when Multiple Proceedings are

involved.

b. determining who is the Complainant(s) and Respondent(s). The University can

serve as the Complainant if deemed appropriate by the Policy Agent.

c. consulting or conferring with University Officials in the determination of

appropriate processes when necessary.

d. assigning an Investigator as per the terms of the respective Policy to which the

Report was submitted. Any person assigned to serve as an Investigator will

utilize Trauma-Informed investigation practices such as:

i. informing participants that they are able to have a Support Person present

at all stages of the process;

ii. permitting the Complainant to revoke their complaint at any time

throughout the process;

iii. providing a process that does not require the Complainant and Respondent

to be present at the same time at any stage of the Investigation or

resolution process;

iv. providing flexibility in the location and method of participation at the various

stages of the investigation including in person, virtual, and written modes

of participation;

v. informing the Complainant in advance about the process, their rights,

options to provide their account, and discuss their desired outcomes;

vi. informing the Respondent in advance about the investigation process, their

rights, a summary of the allegations, and the options to provide their

account. Following this step, the Respondent will be provided with a more

detailed account of the allegations and be asked to respond and share their

account of the Report. Should the Respondent choose not to participate

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in the investigation process a determination of responsibility will be

completed using the information available;

vii. gathering of relevant information and/or conducting interviews with

Witnesses or others with knowledge of the Report;

viii. determining whether or not the allegations within the report are

substantiated using a standard of the balance of probabilities;

ix. making a summary of the findings of the investigation available to the

Complainant and Respondent and providing both parties with an

opportunity to ask questions or seek clarification from the investigator

about the findings report prior to the completion of the investigation.

7.3

Once the investigation is completed, the Investigator will communicate the findings

of the investigation to the Policy Agent in order to determine if the findings of the

Report violate the Policy, and if so, the application of any outcomes as outlined within

the Policy to which the Report was submitted.

DECISION MAKING AND RESOLUTIONS

8.1

Once an investigation of a Report is complete, the Policy Agent will review the

findings and determine if the findings constitute a violation of this Policy and will

implement the appropriate decision making process as per the associated policy.

8.2

A Policy Agent and/or the person responsible for determining the outcome

associated with the policy may choose to meet with the Respondent and/or the

Complainant (not at the same time) to review the investigation findings, the process,

or discuss the Report.

8.3

All decisions regarding a finding of responsibility will be made using the standard of

the balance of probabilities; whether it was more likely or not to have taken place.

8.4

In order to determine appropriate resolution(s), decisions will be made by

considering the relevant findings of the Report and such factors as:

●

the extent of the misconduct;

● t

he harm caused by the behaviour(s);

● w

hether the behaviour was inadvertent or deliberate in nature;

● w

hether the behaviour was an isolated action or as part of a pattern of

behaviours;

● w

hether the behaviour can be reasonably understood to be the result of a

documented health condition or other extenuating circumstances;

●

ny other mitigating or aggravating circumstances.

APPEAL

9.1

Appeal of decisions made in association with this Policy are determined by the terms

of the Policy by which the decision was made.

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10.

PREVENTION AND AWARENESS

10.1

The DDSV Services will develop, oversee, and coordinate the awareness,

prevention, education, and training initiatives associated with this Policy such as:

developing and maintaining materials and resources that inform the University

Community about Gender-Based Violence and Misconduct supports,

Reporting options, and other related information;

maintaining up to date information about relevant on and off campus resources

and services;

developing, delivering and assessing education initiatives that raise

awareness of the prevalence, nature, and relevance of Gender-Based

Violence and Misconduct within the University;

developing, delivering, and assessing training programs that support the

University Community’s ability to understand, recognize, prevent, and respond

to Gender-Based Violence and Misconduct;

ensuring education and training programs are up to date and relevant, and

include:

ncouragement of prosocial behaviors and a culture of healthy and

respectful relationships and be informed by relevant best practices;

ii.

acknowledgement of the social, colonial and historical contexts that

Gender-Based Violence exists within;

iii.

acknowledgement of how power dynamics influence Gender-Based

Violence;

iv.

acknowledgement that intersectional identities influence how Gender-

Based Violence is experienced; and,

acknowledgement that Gender-Based violence exists within a

continuum of violence

10.2

The University will establish the Gender-Based Violence and Misconduct Advisory

Committee (Committee) which will consist of Students and Employees who have

expertise and interest in Gender-Based Violence response and prevention and

include University Officials with roles associated with the Policy. The Committee

will serve as an ongoing resource in the development and evaluation of the Gender-

Based Violence and Misconduct services, education, training, and prevention

strategies including the ongoing review of this Policy and associated procedures.

The Committee will have no role in advocating, supporting, or investigating any

incidents of Gender-Based Violence and Misconduct.

10.3

The DDSV Services will have responsibility for the oversight of the Advisory

Committee as follows:

appointing a Chair of the Committee.

appointing members of the Committee or a 1 (one) year term with an option

for renewal, and will strive to include members that represent the University

Community with at least:

two (2) faculty members with knowledge or expertise in Gender-Based

Violence;

ii.

three (3) students with knowledge or expertise in Gender-Based

Violence;,

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iii.

a Human Resources representative;

iv.

an external Gender-Based Violence agency representative;

a Wellness Services representative;

vi.

a Security Services representative;

vii.

a Joint Occupational Health and Safety Committee representative;

viii.

a Student Affairs representative;

meeting at least once per academic year.

11.

RECORDS AND REPORTING

11.1

Dating, Domestic, and Sexual Violence Services will maintain appropriate records of

actions taken under this Policy and will prepare an annual statistical report. The

statistical report shall be anonymized and ensure no identifying information is

included.

11.2

All documents and records collected as a result of these policies and procedures will

be maintained in compliance with the University’s Records Policy and the Alberta

Freedom of Information and Protection of Privacy Act.

B. DEFINITIONS

(1) Accommodation

Supports:

are actions that help facilitate the emotional and physical safety and

wellbeing of a person who has been affected by Gender-Based

Violence and Misconduct and assist the individual’s ability to continue

their existing relationship and role with the University.

(2) Alternative

Resolutions

Means a voluntary process sought by the individual who experienced

Gender-Based Violence and Misconduct and agreed to by the

Respondent as a way to appropriately resolve the incident

(3) Anonymous Report

means the option for an individual who experienced Gender-Based

Violence and Misconduct to submit a Report without being required to

identify themselves. Anonymous reporting can be provided directly to

DDSV Services either in person or using the online reporting form;

(4) Complainant:

means the person or harmed party, who brings forward information

that a violation of a policy may have occurred.

(5) Consent:

is an ongoing, conscious and active agreement, through words or

gesture, to sexual activity.

(6) Disclosure:

a verbal or written account by a person about their experience of

Gender-Based Violence and Misconduct.

(7) Employee:

means individuals who are engaged to work for the University under

an employment contract, including but not limited to faculty, staff,

exempt, casual and management employees.

(8) Gender-Based

Violence and

Misconduct

is an umbrella term that encompasses a broad range of behaviours,

whether by word or action, that use and abuse the control over

another person and is perpetrated against someone based on their

Gender-Based Violence Prevention and Response Procedures – May 25, 2023 – Page 9 of 11

gender expression, gender identity, or perceived gender. Such

behaviours may or may not involve physical contact and threats,

attempts, or actions against a person without the person’s Consent

including, but not limited to: Sexual Assault, Sexual Harassment,

Stalking, Indecent Exposure, Voyeurism, Stealthing, sexual

exploitation, and the distribution of sexually explicit material of another

person without their Consent.

(9) Indecent Exposure:

is the deliberate exposure in public or in view of the general public by

a person of a portion or portions of their body in circumstances where

the exposure is contrary to standards of appropriate behaviour.

(10) Interim Measures:

are non-disciplinary conditions or restrictions on those involved in a

Report at the University to protect the safety and/or wellbeing of the

University Community, including the Complainant and Respondent.

(11) Intimate

Partner/Relationship

Violence:

(also called domestic violence (DV), domestic abuse or relationship

abuse): is a pattern of deliberate behaviours used by one partner to

gain and maintain power and control over another partner within the

context of an intimate relationship. It also occurs when someone tries

to establish power and control over someone once the relationship has

ended. Domestic violence can be emotional, physical, sexual, spiritual,

and financial

(12) Investigator:

means the individual, either internal or external to the University,

responsible for collection, review, and substantiation of the allegations

included within the Report.

(13) Policy:

means the Gender-Based Violence and Misconduct Prevention and

Response Policy

(14) Policy Agent:

means the University Official authorized to receive and address

Reports as per a University policy.

(15) Report:

a submission, either verbal or written, to the University that provides

details of an incident(s) of Gender-Based Violence and Misconduct in

order to seek recourse pursuant to the violation of this Policy.

(16) Respondent:

means the individual alleged to have caused harm and violated this

Policy.

(17) Sexual Assault:

means any form of unwanted sexual contact done by one person or

people to another person or people without consent. It can include

forced or unwanted kissing, groping, touching, attempted or unwanted

penetration, or oral sex. It can occur regardless of gender identity or

relationship status.

(18) Sexual Harassment:

means unwanted or uninvited sexual advances, remarks, gestures,

sounds and actions that make a person feel unsafe, intimidated,

degraded or uncomfortable, or their sexual integrity is compromised,

even if the person harassing claims to have been only joking or didn’t

mean to offend. It includes bullying or coercion of a sexual nature,

unwanted sexual attention or requests for sexual favours. It can also

include threatening and/or unwanted phone calls, text messages, e-

mails, letters and unwanted gifts.

(19) Stalking:

means the unwanted and persistent behaviour, pursuing contact,

monitoring and/or harassing of an individual in person, in writing, by

phone, online, or by other means (i.e.,. through a third party) that

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seriously alarms or causes fear of safety, annoys, or intimidates that

person. Includes being followed or spied on.

(20) Stealthing:

Means knowingly or non-consensual act of removing or tampering with

a condom or other barrier method when a person has Consented to

sexual act(s) with the use of a condom or other barrier method.

(21) Student:

means someone who has applied to a full-time, part-time, credit or

non-credit program or course offered through the University.

(22) Support Person:

an individual, unrelated to the Report/incident, who can attend

meetings with a Respondent or Complainant throughout the course of

an investigation or appeal to provide personal support but may not

speak on their behalf.

(23) Third Party Report

means the option for any individual to submit a Report on behalf of

another individual who has experienced Gender-Based Violence and

Misconduct. The Report may or may not identify the person who

experienced Gender-Based Violence and Misconduct.

(24) Trauma-Informed:

means an approach for engaging with individuals that involves

understanding and recognizing the presence of trauma symptoms and

the impact of trauma on the individual.

(25) University:

means Mount Royal University

(26) University Community: includes Students, Employees, the Board of Governors, Contractors,

Volunteers and Visitors to the University

(27) University Official

A person acting in the capacity as outlined by their employment at the

University

(28) Voyeurism

Means the non-consensual observation and/or recording of others as

they undress or engage in sexual activities

C. RELATED POLICIES

● Code of Conduct – Employees Policy

● Human Rights Policy

● Offensive/Discriminatory Materials policy

● Protected Disclosure (“Whistleblower”) policy

● The Code of Student Community Standards

● Workplace Violence and Harassment Prevention Policy

● University’s Records and Information Management Program Policy

D. RELATED LEGISLATION

● Alberta Freedom of Information and Protection of Privacy Act

● Alberta Human Rights Act

● Alberta Occupational Health and Safety Act

● Alberta Post Secondary Learning Act

● Canadian Charter of Rights and Freedoms

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E. RELATED DOCUMENTS

● Code of Student Community Standards Procedures

● Procedure for Reporting Workplace Violence and Harassment

E. REVISION HISTORY

Date

(mm/dd/yyyy)

Description of

Change

Sections

Person who Entered

Revision

(Position Title)

Person who Authorised

Revision

(Position Title)