BRANDON UNIVERSITY Task Force on Sexual Misconduct Interim Report: December 18, 2015 Final Report: April 11, 2016 Confidential Introduction The University Task Force on Sexual Misconduct was established with terms of reference October 28, 2015 by the President?s Executive Council because ofa concern that there may be potential gaps in services, policies, and procedures within the University as they pertain to sexual assault and sexual misconduct. The membership of the committee and terms of reference for this report are included in Appendix A. It should be noted at the outset ofthis report that other universities and colleges in Canada are also working to identity and close gaps in services, policies, and procedures regarding safety and security issues on campuses, especially as they relate to sexual assault and misconduct. As well. to address this issue in Manitoba, the Government passed Bill 3, The Post-Secondary Sexual Violence and Sexual Harassment Policies Act on November 15, 2015 (see Appendix B). Essential to Bill 3 is the need to engage in a consultative process in developing the Sexual Misconduct Policy and Protocols. While the regulations have not been issued, we believe these will be modelled after the Ontario Regulations. The purpose ofthis report is to: b) Review existing policies and procedures for application to Brandon University; and c) Develop strategic objectives and associated recommendations. Review of Existing Policies and Procedures The University Task Force on Sexual Misconduct conducted a review ofexisting policies, procedures, and reports in the areas of sexual assault and sexual misconduct in Canadian universities and colleges. The following were reviewed: 0 Canadian Counsellor Code of Ethics: en.pdf - DeveIOping a ReSponse to Sexual Violence: A Resource Guide for Ontario?s Colleges and Universities vlu=X3oDMTEzanAmeJv - University ol?Winnipeg: Statement on Sexual Misconduct http://uwinniDecca/sexual- misconduct/index.html - Queen?s University: Sexual Assault Prevention and Response Report and Recommendations harassment - Durham College Sexual Assault and Sexual Assault Policy b) Task Force Observations in conducting this review, the Task Force met with the relevant stakeholders to assess current practices at Brandon University. It became evident that there was a signi?cant lack of awareness and clarity about sexual assault support services and processes that are available on-campus and off?campus. This is not surprising given that the University does not currently have a formal sexual assault protocol, which was a substantial reason for the Task Force being struck. c) Task Force Recommendations At this point the Task Force believes it has completed its mandate and requests that a Working Group, with terms of reference to include consultation with campus stakeholders, be developed to create a stand-alone Sexual Misconduct policy and protocol. This University policy should be developed in response to Bill 3, and be established in 2016. Furthermore, the University committee recommends that: Patio I6 An alternative to a behavioural contract he used to support students who have reported sexual misconduct. Senior Administration endorse and work toward implementing the Sexual Misconduct Response Strategy put forward by Human Resources regarding sexual misconduct (Appendix C). Senior Administration initiate the development ofa Sexual Misconduct Response and Prevention Team and a Working Group on Sexual Misconduct to form the basis for implementing the Sexual Misconduct Response Strategy. Appendix A University Task Force October 2015 Membership: Dr. W. Dean Care, Dean, Faculty of Health Studies (Chair) Ms. Sharon Hooper, ChiefI-Iuman Resources Officer Dr. Chris Brown, Assistant Professor, Faculty of Education Task Force Advisers: Ms. Nadia La Rosa, Sexual Assault Crisis Program, Klinic Community Health Dr. Michael Stambrook, Clinical and Independent Legal Council Terms of Reference: Reporting to and operating under the authority of the President?s Executive Council (PEC), the University Task Force shall: n. 3. Review existing University policies and protocol on sexual misconduct including sexual harassment, stalking, sexual assault and the threat of sexual assault, as they relate to this case; 4. Identify additional policy, procedure, and capacity?building needs for the University based on best practices at post-secondary institutions and other organizations; and 5. Review and make recommendations on the role of faculty, staff, and students in reporting, responding, and addressing incidents of sexual misconduct. The development of policies, procedures, and practices, as may emerge from the work of the University Task Force, will be done in full consultation with the Brandon University community, including students, faculty, staff, and BUSU as well as the various employee union groups. Page [8 Appendix Bill 3 The Post-Secondary Sexual Violence and Sexual Harassment Policies Act I The Brandon University A ct is amended by adding t/zefbllowing after section Sexual violence and sexual harassment policy and procedures 12.10) In accordance with this section, the board must adopt and implement a policy for the university that raises awareness of sexual violence and sexual harassment; includes provisions reSpecting the prevention and reporting of sexual violence and sexual harassment; addresses training on the issues of sexual violence and sexual harassment; and establishes complaint procedures and response protocols for sexual violence and sexual harassment. Development and content of policy 12.1(2) In respect ofthe university?s sexual violence and sexual harassment policy, the board must ensure that the policy is deveIOped in consultation with students, and (ii) is easily accessible to students and others in the university community; students and others are informed of the services and procedures that are in place under the policy to prevent and respond to sexual violence and sexual harassment; the university's activities under the policy and the results of those activities are reported to the pubhc;and the policy and the university's activities related to the policy comply with the regulations made under clause l2(b.l) of The Advanced Education Administration Act. Appendix Sexual Misconduct Response Strategy Objective 1: Holistic Response, Support and Advocacy Services The Brandon University Task Force on Sexual Violence (BUTFSV) recommends that: i. The University establishes a central, visible, and welcoming Sexual Assault Response and Prevention (SARP) team, which would function as: a single point of entry for integrated and holistic sexual assault response, support, advising, counselling, advocacy, and case management services; and a driving force for campus-wide sexual violence prevention education and ?rst-response training. ii. The University identifies student advocates from within and external to the University community, to be made available to students to help navigate the sexual misconduct investigation process and support systems available to them. The University raises the pro?le of all sexual assault support services and resources among the student population, as well as the campus community broadly, and publicizes operating hours of campus and community sexual assault support and advocacy services to ensure students are aware of available 24/7 resources. Objective 2: Develop a Comprehensive Sexual Violence Policy The BUTFSV recommends that: i. The Statement of Student Rights and ReSponsibilities be revised to include that sexual violence, including sexual harassment and sexual assault, is a violation ofUniversity behavioural expectations and subject to the University?s non-academic misconduct/discipline system, and extends expectations for apprOpriate behaviour to social media and on-line activity. ii. The Brandon University Sexual Assault Advisory Group work in consultation with students, faculty, and staff to develop a stand-alone policy, detailing investigating, decision- making, and sanctioning protocols for responding to allegations of sexual violence, including sexual harassment and sexual assault, against members of the campus community. The stand-alone policy for handling sexual violence should include the following: 0 Detailed University procedures and processes to be followed; 0 Definitions of sexual violence, sexual assault, sexual harassment, and consent, including legal definitions and any interpretive statements; - Articulation of the rights of both complainants and respondents; and I Details about criminal reporting Options as well as University reporting options, procedures and process that may be simultaneously engaged, with a list of possible University sanctioning outcomes; Objective 3: Improve Institutional and Public Accountability The BUTFSV recommends that: i. The University create a Working Group with terms of reference to include developing a stand?alone Sexual Violence policy and protocol. ii. The University adopts post ?seconda1y sector-wide metrics introduced to measure success with respect to sexual assault prevention and response. University support and response services Counselling Services, Human Resources, Human Rights Of?ce, Campus Security etc.) collaborate to deveIOp coordinated systems for institutional tracking and reporting of incidents of formal and informal sexual assault reporting and disclosure, ensuring compliance with FIPPA and University con?dentiality policies. iv. The University complies with sector and government requirements for public reporting. v. The University imbeds in its stand-alone sexual violence policy a requirement to review the document after one year of drafting and every four years thereafter, with a commitment to community consultation or as required by Provincial Regulations. Objective 4: Inform and Educate Students in all Years, with (1 Focus on Orientation The BUTFSV recommends that: i. The University meets the requirements set out under pending Manitoba legislation: Post- Seconclaiy Sexual iolenee and Sexual l'larassment Policies Act (Bill 3) by delivering appropriate information related to sexual assault to all ?rst year undergraduate and incoming graduate students during orientation week (including non-participants). Subject matter experts must collaborate to lead content and format design, in consultation with students to ensure the information is tailored to the audience and context. ii. Prevention education efforts should include male-identi?ed students as role models, encourage outreach from male-identi?ed survivors, and active bystander intervention behaviours. The University employs best health promotion practices and deliver messages speci?c to the target populations. Depending on time of the year and context, awareness?raising and skill? building should be tailored to target different students across all years in relation to topics such as: adhering to the University?s Statement of Student Rights and Responsibilities; laws around sexual harassment and assault; university policies and consequences related to sexual assault; giving and receiving consent; identifying the characteristics of healthy dating relationships/intimate partnerships; reaching out to available counselling services and emergency supports; safety planning; and bystander intervention. Objective 5: ClarifyI Roles and Responsibility for Support and Response The BUTFSV recommends that: i. The University clarifies and communicates the roles of various university personnel responsible for sexual assault ?rst response, investigation, advising, counselling and advocacy. It should be noted that one of the Task Force?s observations is that the mandate ofthe Student Counselors needs to be reviewed with a view to establish counseling service levels consistent with best practices in other Universities. For example, establishing counselling hours/student ratio not to exceed eight (8) visits; Student Behaviour Contracts not be used in cases of Sexual Violence. ii. The University establishes terms of reference for a Sexual Assault Response Prevention Team, comprising key members of the campus response network, to ensure Police Services and University response protocols are clear, coordinated, and consistent. Members of the support and response network deve10p relationships, based on mutually agreed upon service delivery principles, with community partners Klinic, Crisis Stabilization Unit, Brandon Police Service, SERC) to facilitate appropriate referral and timely response. Objective 6: Develop a University Process for Handling Complaints of Sexual Violence The BUTFSV recommends that: i. The University establishes a model for handling allegations of sexual violence, including sexual harassment and sexual assault, against members ofthe campus community. ii. The University provides adequate resources to competently and consistently respond to allegations of sexual violence, including the following possible infrastructure: professional staff to coordinate the process; individuals with expertise to carry out investigative functions; hearing and sanctioning bodies; training programs for investigating, hearing, and sanctioning personnel, for example. Objective 7: Promote a Compassionate and Violence-Averse Campus Culture The BUTFSV recommends that: i. The University clearly defines and articulates a statement of commitment on non- toleranee for gender-based violence, broadly communicates violence prevention and response services available, and takes steps to systemically assess whether and how related campus activities may in?uence the campus culture with respect to violence prevention alcohol culture, hazing prevention and response). ii. The University ensure that faculty and professional staff have the competency to work with a diversity of students using an intersectional] violence prevention framework that recognizes the distinct needs of and effects on female-identified, male-identi?ed, identified, racialized, and international students, as well as students with disabilities. The Workplace Health Safety Committee and Campus Security collaborate to conduct periodic campus environmental safety scans using best practice protocols. iv. All members of the campus community be supported to develop capacity and engage in violence prevention efforts, promoting a conceptualization of and approach to gender violence that is intersectional, inclusive, stigma-free, and accessible. Objective 8: Deliver Training and Information The BUTFSV recommends that: i. Subject matter experts collaborate to develop and propose mechanisms to deliver tailored training2 to campus community members, depending on their roles and reSponsibilities first-responders, faculty, resident assistants, teaching assistants, non-academic departmental staff, etc.) and focusing on the effects of and about sexual assault, the University?s academic accommodations policy and procedure, and expectations for maintaining student privacy and dignity through the process. ii. Directors and Deans support training efforts that will be made available for academic and non-academic departments so that faculty, staff, resident assistants, athletic assistants, and teaching assistants understand how best to recognize, respond to, and refer a disclosure of sexual assault. 'An intersectional approach to prevention and response acknowledges that survivors possess and re?ect diverse, complex, and intertwining personal and social identities as well as contextual experiences. As certain identities are socially marginalized and stigmatized and as cultural values differ across diverse identities, an intersectional approach recognizes that different survivors will experience some common and other distinct effects of gender- based violence and barriers to accessing services"Training in the fall of20l6 target Resrdence and Orientatlon Week Leaders, followed by ongomg training sessions delivered to additional target audiences, prioritizing individuals most likely to receive a disclosure or report of sexual assault. Subject matter experts, with support from the University?s the Communication Department, develop a tangible resource, similar to the Georgia Tech Gold Folder Initiative3, for broad distribution to faculty and staff members, which concisely and coherently provides information about sexual assault and guidance to effectively recognize, reSpond, and refer, so that disclosures and reports of sexual assault are directed, with care, to the appropriate campus response mechanisms. iv. That the University provides Bystander training by piloting the program in 2016 to residence assistants and student orientation leaders. v. The University support ongoing Bystander intervention training and programming across the University. Objective 9: Accessible Academic Accommodation Processes The BUTFSV recommends that: i. The Of?ce of Student Accessibility Service ensures that a standard and consistent University-wide policy and process to enable survivors to effectively and ef?ciently request and receive academic accommodation requests in a manner that maintains student con?dentiality and integrity. 3Georgia Tech. Gold Folder Initiative: Faculty and Staff Sexual ReSponsc Guide. Available online at