(/51 /f I 4;,11/ I .7 Lilf A National, Student?Led Action Plan to End Campus Sexual Violence MESSAGE FROM THE CHAIRS 3 IT’S OUR TURN 5 GUIDING PRINCIPLES 8 THE ISSUE 12 What is Sexual Violence? 13 Impacts of Sexual Violence 14 Intersectionality and Sexual Violence 15 Rape Culture on Canadian Campuses 16 CAMPUS SEXUAL VIOLENCE POLICIES 17 THE OUR TURN ACTION PLAN 23 Prevention 26 Support 28 Advocacy 30 THE BEGINNING OF A MOVEMENT 31 ACKNOWLEDGMENTS 32 SOURCES CITED 33 APPENDIX A 35 APPENDIX B 38 A MESSAGE FROM THE CHAIRS “ This movement started with a single letter. The Board passed the policy anyway. We continued to advocate for reforms to the Sexual Violence Policy in the weeks and months following the vote. We went to meetings. We wrote a second open letter, which included extensive research on other campus sexual violence policies and received more support than the first one. We put up banners and held several rallies. However, members of our university administration continued to refuse to reopen the policy or take action to work with students to address sexual violence on our campus. Furthermore, the provincial government who mandated the creation of these policies was absent, lacking any meaningful oversight mechanism regarding the policies that they mandated be created. When Carleton University released the first draft of the Carleton University Sexual Violence Policy in October 2016, a few of us got together and drafted an open letter suggesting reforms. These were common sense reforms—backed up by research—that would provide better protections for survivors of sexual violence pursuing a complaint process. Before we knew it, the letter gained momentum, collecting hundreds of signatures from students and campus groups, collectively representing thousands of members of the university community. In March 2017, disappointed by the response from the administration, we decided to take action. Since we weren’t making any progress from a policy standpoint, we sought to create a student response to sexual violence on our campus, taking a holistic approach that would include prevention programs, new support options for survivors, and continuing advocacy efforts. We struck a task force of student volunteers from a variety of backgrounds, all dedicated to this work, and started doing research. We looked into everything we could think of — sexual violence prevention programs, campus education initiatives, reporting practices, relevant laws and policies, and more— to determine the best plan moving forward. Although the university administration adopted some of the more minor amendments, the final draft of the Carleton Sexual Violence Policy was passed on December 1, 2016 without making the majority of the changes requested by students in our letter. This was a policy that students did not support or approve. Even though the Ontario government required student consultation in the development of post-secondary sexual violence policies, we were barred from the meeting. Instead, we stood in the rain outside the building and protested. We brought posters, we chanted, and we hoped that someone would listen. 3 As this project grew, we realized that Carleton students weren’t the only ones dealing with the crisis of campus sexual violence and an administration reluctant to work with students to address the issue. In fact, we learned that the same thing has been happening at universities and colleges across the country. cating for better policies and practices. It includes evidence-based suggestions that can be adopted and adapted by student unions and advocacy groups on campuses across the country. The 20 student unions who have signed on to the plan have committed to doing just that. But this plan is far from exhaustive. In fact, our hope is that it is just the beginning. This action plan is intended to inspire more students to join the movement, sharing new ideas to make our campuses safer and fight for change. We want this action plan to initiate a national conversation about an issue we do not discuss nearly enough. When we talked to students at these institutions, we heard the same story over and over. Sexual violence is a pervasive issue on Canadian post-secondary campuses. Students continue to advocate for change — and are met with inaction or outright opposition from their administrations. It’s our turn to change our campus to make it safer for all members of the community. It’s our turn to shift our campus culture from one that facilitates rape culture to one that actively promotes a culture of consent. This is our plan to address the issue of sexual violence on our campuses. So students have started making that change themselves. As we explored the work already being done by students, we determined that our goal would be to build on it, bringing together best practices and uniting students in their efforts. Please take the time to read it. And we hope you do more than read; we hope you are inspired to join the work that we’ve begun. Sexual violence affects all of us, and it’s time we did something about it. The National Our Turn Action Plan, published by the Student’s Society of McGill University (SSMU), is our commitment as students to preventing sexual violence, supporting survivors, and advo- CAITLIN SALVINO KELSEY GILCHRIST JADE COOLIGAN PANG Chair of the National Our Turn Committee Vice-Chair of the National Our Turn Committee Vice-Chair of the National Our Turn Committee 4 I T ’ S O U R TURN Our Turn is a national student movement to address sexual violence on our university and college campuses. As students, we are uniquely positioned to take action to address the crisis of sexual violence on Canadian campuses: The following document is the first step; it’s an action plan to create social and institutional change through evidence-based programs and effective action. It was researched and written by students — undergraduate and graduate, survivors and allies — of varying ages, races, religions, abilities, and genders, who came together to take action against a crisis that we do not talk about nearly enough. ■■ This is our campus that we live, study and move through every day. ■■ This is our culture that must shift from one that facilitates rape culture to one that promotes consent culture. It’s more than a policy document; it’s an action plan for students. It gives campus student leaders the tools and the direction they need to make meaningful changes that will make their universities safer places to study, work, and live. ■■ This is our plan to take meaningful steps to eliminate sexual violence in our communities and support survivors. 20 Student unions from universities and colleges across Canada have signed onto the Our Turn Action Plan. Not only have they been involved in the development of this action plan, they have also committed to initiating a student-led response to sexual violence on their campuses by using this action plan as a guide. The National Our Turn Action Plan provides guidelines for student unions and groups to take steps to: P R E V E N T sexual violence and eliminate rape culture on our campuses S U P P O RT survivors and create a culture of survivor-centrism at our institutions A DVOCAT E for policy and legislative reforms at the campus, provincial and national levels 5 T H E A C T I O N PLAN TO GET STARTED, STUDENT UNIONS CAN DO THE FOLLOWING: 1 Pass a motion acknowledging the existence of and committing to eliminating rape culture on their campus. The way the Our Turn Action Plan is implemented will look different on different campuses. Some student unions may adopt every program suggested by the plan, while others may adopt only a few. The goal is to have student unions across the country adapt the suggestions in new and innovative ways to fit the needs of their students. 2 Create an Our Turn task force on their campus. We recognize that although campuses are facing the same problem, solutions should be tailored to each specific campus and its needs and resources. This plan is not meant to be a one-size-fits-all solution, but rather a starting point for student groups who want to make change but don’t know where to begin. It may also provide next steps for student unions who have been doing this work for years and are looking to grow their programming. 3 Hold consultation meetings. 4 Conduct a student campus sexual violence survey. Think of this plan as a toolbox to complement and build upon the work that is already being done on campuses to prevent sexual violence, support survivors, and advocate for change. Our hope is that the plan will provide an opportunity for advocacy groups on campuses to consolidate their work and make a difference together. Furthermore, we hope that it will empower student groups across Canada to share ideas, resources, and advice for a unified response to sexual violence. 5 Adopt, implement, and adapt programming for prevention, support, and advocacy on your campus utilizing the best practices suggested by the Our Turn Action Plan. “ ...A toolbox to complement and build upon the work that is already being done on campuses to prevent sexual violence, support survivors, and advocate for change. 6 PREVENTION ■■ Develop or adopt peer-to-peer sexual violence prevention and support training. ■■ Require members of student union clubs to receive peer-to-peer sexual violence prevention and support training. ■■ Mandate all clubs to create an equity or human rights officer position. ■■ Expand peer-to-peer sexual violence and support training to other campus groups. ■■ Create and implement a sexual violence awareness campaign. ■■ Attend and support community events related to sexual violence and genderbased violence. SUPPORT ■■ Create a campus survivor network. ■■ Create and implement an anonymous and third party disclosure form. ■■ Raise awareness of community support resources. ■■ Advocate for the addition of sexual violence academic accommodations to course syllabi. ADVOCACY ■■ Evaluate their own policy using the Our Turn Campus Sexual Violence Policy Scorecard. ■■ Identify clauses to amend using the Campus Sexual Violence Policy Checklist. ■■ Advocate for policy reforms at the campus level using the Our Turn Advocacy Guide. ■■ Collaborate with other student unions and organizations to advocate for legislative reform at the local, provincial and federal levels. 7 G U I D I N G PRINCIPLES The following principles guided the development of the Our Turn National Action Plan. As other student unions adopt and implement the action plan we encourage them to also employ these guiding principles. 2. ACKNOWLEDGING THE EXISTENCE OF RAPE CULTURE An integral part of this action plan is recognizing that rape culture is a root cause of the high rates of sexual violence on university and college campuses. Our Turn adopts the definition of rape culture provided by the government of Ontario, which states that rape culture is: A culture in which dominant ideas, social practices, media images and societal institutions implicitly or explicitly condone sexual assault by normalizing or trivializing male sexual violence and by blaming survivors for their own abuse.3 1. A SURVIVOR-CENTERED APPROACH A survivor-centred approach requires all those who engage in sexual violence prevention and support programming to prioritize the rights, needs, and wishes of the survivor. Our Turn adopts the definition of a survivor-centered approach developed by the United Nations Entity for Gender Equality and the Empowerment of Women (UN Women).1 UN Women defines a survivor-centered approach as a method that “seeks to empower the survivor by prioritizing [their] rights, needs, and wishes”.2 For the purposes of this action plan the term survivor-centrism recognizes that everyone, regardless of their gender or other identities, can experience sexual violence and choose to self-identify as a survivor. The use of the term “rape culture”, has been denounced by a diverse range of critics. This extends from individuals who deny the existence of rape culture as a concept to those who argue that the use of the term “rape” privileges certain forms of sexual violence.4 Our Turn is sensitive to these critiques, however, in consideration of the prominence of this term and its recognition by various levels of government — including post-secondary institutions, the government of Ontario and the Canadian federal government — we maintain that rape culture exists on Canadian campuses and must be addressed. 8 Silence or non-communication must never be interpreted as consent and a person in a state of diminished judgment or capacity cannot consent.7 Additionally: 3. AFFIRMATIVE CONSENT AND CONSENT CULTURE This Action Plan adopts the requirement of affirmative consent in all sexual activities. Affirmative consent requires that a person is able to freely choose between two options: yes and no. This means that there must be an understandable exchange of affirmative words which indicates a willingness to participate in mutually agreed upon sexual activity. The fact that consent was given in the past to a sexual or dating relationship does not mean that consent is deemed to exist for all future sexual activity.9 ■■ A person is incapable of giving consent if they are asleep, unconscious or otherwise unable to communicate; ■■ A person who has been threatened or coerced (i.e., is not agreeing voluntarily) into engaging in the sexual activity is unable to consent; ■■ A person who is drugged is unable to consent; Consent is the voluntary agreement to engage in sexual activity. It is the responsibility of the person initiating or engaging in a sexual activity to obtain clear and affirmative responses at all stages of sexual engagement.5 ■■ Consent is not obtained if any individual is incapacitated due to consumption of alcohol or drugs. Any sexual activity involving alcohol or drug use requires the standard of affirmative consent. The use of alcohol and/or drugs by an individual never implies consent and should not be assumed to have played a role in causing a survivor’s experience of sexual violence. Furthermore, the use of drugs or alcohol by the perpetrator never justifies their actions; No consent is obtained or implied, where: ■■ The agreement is expressed by the words or conduct of a person other than the specific individuals who are involved in the sexual activity; ■■ An individual’s profession should not impact their ability to provide or withdraw consent. Specifically, individuals choosing to engage in sex work maintain autonomy over their bodies and the ability to consent or not consent to any form of sexual activity. However, it is important to distinguish the term ‘sex work’ from ‘sex trafficking’. Sex trafficking is a criminal act, under which consent cannot be obtained in any circumstances; ■■ An individual is incapable of consenting to the activity; ■■ An individual induces another individual to engage in the activity by abusing a position of trust, power or authority; ■■ An individual expresses, by words or conduct, a lack of agreement to engage in the sexual activity; ■■ An individual, having consented to engage in sexual activity, expresses, by words or conduct, a lack of agreement to continue to engage in the activity.6 ■■ Recognizing the intersectionality of consent and ability, consent “might not be given properly if an individual has a disability that limits his, her or their verbal or physical means of interaction – in such instances, it is extremely important to determine how consent will be established”.8 9 4. A TRAUMA-INFORMED APPROACH 5. INCLUSIVITY AND ACCESSIBILITY A trauma-informed approach to sexual violence seeks to ensure that the prevention and support programs implemented respect the wishes of survivors and reduce re-traumatization. According to the Ending Violence Association of BC in their report Campus Sexual Violence: Guidelines for a Comprehensive Response, being trauma-informed within the campus context refers to understanding the impacts of sexual violence on survivors (and others) and responding in a manner that promotes their empowerment and recovery and minimizes retraumatization.10 Individuals living with various needs or disabilities experience ability, impairment and societal barriers in unique and individual ways. In the development of this action plan, specific steps were taken to ensure that all voices were being heard and any consultation processes were accessible through a variety of mediums. Furthermore, specific steps have been taken to ensure that this document and following documents are linguistically accessible in both official languages. We encourage student unions to take steps to ensure all meetings and programs developed are accessible and are created in consultation with students living with various needs. This could include having interpreters at events, providing alternative formats of peer support on hand and using spaces that are physically accessible. The Ending Violence Association of BC principles of a trauma-informed approach include: ■■ Acknowledging the impact of trauma; ■■ Empowering survivors; 6. COLLABORATION AND INTEGRATION ■■ Maximizing choice related to disclosing, reporting, and accessing support; ■■ Restoring control to the survivor; ■■ Recognizing the survivor’s need for (and right to) safety; All members of the university community have a role to play in preventing sexual violence and supporting survivors. Although this document focuses on the action that students will take to address campus sexual violence, it is important to recognize that our postsecondary institutions have a primary responsibility to take action to reduce sexual violence and support survivors. This includes supporting the work of students seeking to form partnerships to address this issue through prevention, support and advocacy programs. Our institutions must take an integrative approach to ensure that student voices are heard at all processes, procedures and programs to address sexual violence - including prevention programs, support mechanisms, surveys and policies. We are seeking institutional collaboration that extends beyond consultation. We believe that authentic student engagement through partnerships with their institutions is necessary to reduce campus sexual violence and support survivors. ■■ Building on the survivor’s strengths; ■■ Treating the survivor with dignity and respect; ■■ Moving forward at the survivor’s own pace; ■■ Respecting the survivor’s right to privacy.11 10 7. LABOUR THAT IS FINANCIALLY COMPENSATED 9. INTERSECTIONALITY The concept of intersectionality, first introduced by Kimberlé Crenshaw, is important to understand how different systems of power and oppression work together to mediate an individual’s lived experiences.14 These systems include racism, classism, cis-sexism, homophobia, ableism and xenophobia, among others. They are interconnected and cannot be examined in isolation. Similarly, different aspects of an individual’s identity interact to influence their navigation, opportunities and experiences.15 It is important to acknowledge that sexual violence advocacy and support work is often unpaid. Furthermore, this unpaid labour is often conducted by women—many of whom with intersecting marginalized identities — who already face economic disadvantages within Canadian society. When implementing new sexual violence-related programs on campus it is important that student unions take steps to ensure that this work is fairly compensated. As part of the principle of intersectionality, this action plan recognizes the reality of many marginalized groups in their interactions with authorities. Specifically, it seeks to recognize that certain groups do not feel safe while interacting with police and security personnel, authority figures from their post-secondary institutions and support staff due to systemic discrimination and mistreatment. It is important to understand and respect the choices of all survivors, particularly those from marginalized groups who may seek alternative means of recovery, support and recourse. 8. GENDER SENSITIVE AND GENDER INCLUSIVE Our Turn seeks to adopt a gender sensitive and gender inclusive approach to responses to sexual violence on Canadian campuses. A gender sensitive approach recognizes that sexual violence is part of a broader spectrum of gender-based violence and violence against women and girls. Although, individuals of all genders (including non-binary individuals) experience sexual violence - it is a crime primarily perpetrated against women. National Canadian statistics document that 97% of accused persons in sexual assault cases were male.12 In this Action Plan we sought to move beyond simply recognizing intersectionality by meaningfully engaging with the concept in a variety of ways, including: ■■ Seeking input through group and individual consultation meetings throughout the action plan drafting. However, this is not to deny the experiences of male and non-binary survivors. That is why Our Turn seeks to adopt a gender inclusive approach in conjunction with a gender sensitive approach. A gender inclusive approach recognizes that individuals of any gender identity or sexual orientation may perpetrate and experience sexual violence. It recognizes the full continuum of gender identities and the reality of sexual violence experienced by individuals along the gender spectrum.13 ■■ Encouraging each Our Turn task force to create the position of an intersectionality and accessibility representative to evaluate all programs through an intersectional lens. ■■ Encouraging each Our Turn task force to take steps to ensure that the members of the task force represent a variety of intersectional identities. ■■ Advocating for the recognition of intersectionality in campus sexual violence policies. 11 T H E ISSUE It is well documented that sexual violence is a pervasive issue on university and college campuses across Canada. SOME STATS In the 2017 House of Commons Report of the Standing Committee on the Status of Women titled Taking Action to End Violence Against Young Women and Girls in Canada, the committee wrote that “college and university campuses in Canada are communities where young women are at particular risk of experiencing sexual violence”.16 In March 2015, the government of Ontario sought to eliminate sexual violence by introducing the It’s Never Okay: An Action Plan to Stop Sexual Violence and Harassment. A primary focus of this of this action plan was to address and reduce post secondary sexual violence. This government action plan stated: 1 in every 5 women will experience sexual violence while studying at a postsecondary institution.19 There aren’t specific statistics for men who experience campus sexual violence, but we know that 1 in 6 men will experience sexual violence in their lifetimes.20 [Sexual Violence] is a problem. We know it. Universities and colleges know it. Most of all, students know it. This is not a new problem. Student leaders have been calling for action for decades, and now it’s time to act.17 80% Despite this, useful statistics on experiences of sexual violence are not often easily accessible. This is, in part, because campuses either do not release data on the number of reports they receive, or report numbers that are according to experts “worryingly low”.18 Unfortunately, the few statistics we do have indicate that sexual violence continues to be a serious concern on campuses across the country. 2/3 This National Action Plan is the first step for students to take meaningful action to combat campus sexual violence. We hope that our post-secondary institutions and governments will work collaboratively with us to achieve our goal of safer and more supportive campuses for everyone. 12 80% of female students who identify as survivors of sexual violence were assaulted by someone they knew.21 Frosh week or Fall Orientation is a particularly dangerous time for students. Of the sexual assaults that take place on postsecondary campuses during the academic year, roughly 2/3 of the sexual assaults will happen during the first eight weeks, typically referred to as ‘the red zone’.22 W H A T I S S E X U A L VIOLENCE? For the purposes of the Our Turn National Action Plan, we adopt the definition of sexual violence from the University of British Columbia (UBC) Sexual Assault and Other Misconduct Policy, which defines sexual misconduct as: INDECENT EXPOSURE Exposing one’s body to another individual for a sexual purpose or coercing another individual to remove their clothing in order to expose their body, without their consent. “...Any sexual act or act targeting an individual’s sexuality, gender identity or gender expression, whether the act is physical or psychological in nature, that is committed, threatened or attempted against an individual without that individual’s consent.”23 VOYEURISM Non-consensual viewing, photographing, or otherwise recording another individual in a location where there is an expectation of privacy and where the viewing, photographing or recording is done for a sexual purpose. Examples of sexual violence include but are not limited to: DISTRIBUTION OF A SEXUALLY EXPLICIT PHOTOGRAPH OR RECORDING SEXUAL ASSAULT Any form of sexual touching or the threat of sexual touching without the individual’s consent. The distribution of a sexually explicit photograph or recording of an individual to one or more individuals other than the individual in the photograph or recording without the consent of the individual in the photograph or recording.24 SEXUAL HARASSMENT Unwelcome conduct of a sexual nature that detrimentally affects the working, learning, or living environment, or leads to adverse consequences for the one directly subjected to the harassment. STALKING STEALTHING Engaging in conduct that causes an individual to fear for their physical or psychological safety, such as repeatedly following or communicating through any means with someone, engaging in threatening conduct, or keeping watch over the place where the individual happens to be. Stealthing is defined as nonconsensual condom removal during sexual intercourse.25 Under Canadian law, there is no explicit prohibition of stealthing. However, there has been a growing recognition of stealthing as sexual violence and calls to explicitly criminalize the act.26 Stealthing “exposes victims [survivors] to physical risks of pregnancy and disease” and has been characterized by survivors as “disempowering, demeaning violation of a sexual agreement”.27 13 I M PA C T S O F S E X U A L VIOLENCE The impacts of sexual violence can be devastating. Student survivors who we spoke to highlighted the spectrum of trauma experienced by survivors of sexual assault, including: “ I was only a first year in residence when I was threatened into sex I didn’t want, and already had issues with depression and OCD. It took me over a year to even begin to healing mentally, and at that point it was too late to be taken seriously by any authorities at my institution. At that point, he had already assaulted another of my friends, and then a few years later, another. But his social standing and our fear of retaliation kept us quiet, and 5 years later, I still see him at every Pride parade I go to. And I still break down and leave every single time. ■■ Mental Health Impacts (Depression/ Anxiety/ Post-Traumatic Stress Disorder/ Suicidal Thoughts; ■■ Physical injury; ■■ Pregnancy; ■■ Sexually Transmitted Infections; ■■ Dissociation; ■■ Flashbacks and triggers; ■■ Self-injurious coping behaviours (selfharm, substance abuse, eating disorders, etc); ■■ Changes in how you view trust, sense of vulnerability and feeling unsafe; ■■ Personal and professional impacts.28 14 INTERSECTIONALITY A N D S E X U A L VIOLENCE 3X It’s crucial to recognize that individuals with intersecting marginalized social identities—that include but are not limited to women, trans and gender nonconforming people, queer people, people of colour and racialized people, Indigenous Peoples, people with lower socioeconomic status, and people living with disabilities—are disproportionately impacted by sexual violence.29 This is evident in the following statistics: 3X DIS/ABILITY CLASS Indigenous women are 3 times more likely to experience violence than non-Indigenous women.30 The higher rates of violence experienced by Indigenous Women are part of the ongoing crisis of Missing and Murdered Indigenous Women and Girls in Canada. Women living with a disability are 3 times more likely to be forced into sexual activity by use of threats or force.32 When reporting sexual violence women of colour have their experiences taken less seriously within the criminal justice system.33 RACE Immigrant women may be more vulnerable to intimate partner violence due to economic dependence, language barriers, and a lack of knowledge about community resources.34 GENDER & SEX At least 1 in 5 transgender, genderqueer and non-conforming university and college students have experienced sexual assault.31 15 R A P E C U LT U R E O N C A N A D I A N CAMPUSES RAPE CULTURE HIERARCHY Rape culture is a pervasive issue on Canadian campuses that facilitates sexual violence within post-secondary communities. According to METRAC Action on Violence, rape culture on Canadian campuses: ■■ Makes higher rates of sexual violence seem normal, unavoidable, and acceptable; ■■ Makes us prone to blame, disbelieve, and silence those who experience victimization; EXPLICIT VIOLENCE REMOVAL OF AUTONOMY ■■ Feeds into sexualized stereotypes about certain groups (Indigenous people, racialized groups, trans* and gender diverse communities) and reinforce a belief that they are somehow more likely to abuse or are “immune” to victimization; VICTIMIZATION ■■ Makes us think it’s okay that our policies, practices, law enforcement, and courts do not respond well to the problem; NORMALIZATION ■■ Keeps us ill-equipped and unaware of how to support survivors/victims.35 Rape culture on campuses is rarely overtly expressed. More often, it takes the form of indirect actions and attitudes that implicitly condone sexual violence and blame survivors for their own abuse. We cannot hope to prevent sexual violence without addressing rape culture, which is widely understood to be the root cause of sexual violence. With this in mind, a primary goal of the National Action Plan is to shift the culture on our campuses from one that facilitates sexual violence to one that promotes a culture of consent. 16 Assault Abuse ■■ Feeds into sexist gender stereotypes and rape myths about men being “naturally” violent and women being at fault for “provoking them”; P O S T- S E C O N DA RY SEXUAL VIOLENCE POLICIES It is paramount that post secondary institutions develop their own stand-alone sexual violence policies. Often, critics of campus sexual violence policies argue that the only appropriate authorities that should handle sexual violence complaints are those within the criminal justice system - that being law enforcement. However, this criticism discounts the realities of sexual violence survivors within the criminal justice system. Recently governments and post-secondary institutions across the country have sought to address the issue of sexual violence on campuses through the creation of stand-alone sexual violence policies. Specifically, we have seen the provinces of Ontario and British Columbia pass provincial legislation requiring universities and colleges to create stand-alone sexual violence policies.39 However, the mere existence of such policies—although necessary—is not sufficient. The policies need to be comprehensive and survivor-centric in order to effectively provide a viable channel for survivors to seek justice. For this reason, students continue to advocate for reforms to their sexual violence policies at the grassroots level. In 2017, the Globe and Mail released their Unfounded investigation, which revealed that on average, police in Canada reject 1 in 5 sexual assault claims as baseless.36 These unfounded rates exist despite extensive research showing that the rate of false sexual assault accusations is between 2-8%.37 In the report The Response to Sexual Violence at Ontario University Campuses, professors from Carleton University document that survivors seek to avoid formal complaints with the police because they do not want to be re-victimized through a lengthy investigation process.38 University sexual violence policies are intended to provide a different form of redress for survivors of sexual violence. They are structured to be less onerous on the survivor, with shorter timelines and alternative, campus-level remedies - such as the removal of the perpetrator from campus residence, temporary bans from certain spaces, and in some cases expulsion. It was due to these concerns expressed by students across the country that we developed the Our Turn Campus Sexual Violence Policy Scorecard . The scorecard was developed following a comprehensive, research based review of over 60 post-secondary sexual violence policies throughout Canada that included consultation with dozens of stakeholders. Using the scorecard, students will be able to highlight shortcomings within their own policies and advocate for reforms. We believe students—as primary stakeholders of the policies—are best suited to evaluate them on their ability to support survivors through processes that balance procedural fairness and the need to minimize re-traumatization. 17 Below you will find a summary of the findings of this scorecard analysis - including general findings, the worst practices and the scores themselves. For more information on the criteria and breakdown of scores please refer to the Our Turn website. The policies are graded on a 100 point scale that is divided into five sections: general (34 points), scope (17 points), composition of the review committee or decision-makers (8 points), formal and informal complaint process (30 points) and education and prevention (11 points). Schools are awarded points based on a variety of criteria (listed below) and receive a final percentage and letter grade (based on a 12 point scale) at the end. Each score was reviewed and approved by a student union on their campus, meaning that the following scores represent students grading their own sexual violence policies. 18 GENERAL FINDINGS Throughout the evaluation, students were able to observe general trends that were reflected in sexual violence policies across Canada: 8 schools 2 place 1 year time recognize intersectionality limits on the ability to file a complaint 9 have gag 4 allow orders anonymous reports 1 has rape 8 do not have shield protections protections from face-to-face meetings 1 has an 3 mention rape immunity clause for drugs/alcohol use culture 8 frivolous claims sections 1 exception policy 0 cover stealthing explicitly 19 SCHOOL SCORES Find below a list of the scores determined for all fourteen schools who have student unions that have signed on to the Our Turn Action Plan. These student unions worked with the authors of Our Turn to evaluate the policies their students live and work under everyday to determine whether they were in fact as survivor-centric as many of their institutions claimed. RYERSON UBC LAKEHEAD UOTTAWA A- B+ B B 81% 78% 75.5% 73% UMANITOBA CARLETON U OF T MCGILL B B- C C- 73% 70% 66% 61% UPEI DALHOUSIE UREGINA MEMORIAL D+ D+ D+ D 59% 57% 57% 54% UWINNIPEG CONCORDIA D D- 54% 52% Using McGill University’s Policy Against Sexual Violence, the next page will demonstrate the breakdown of how each school’s policy was graded. The Student Society of McGill University (SSMU), in conjunction with the authors of Our Turn, evaluated the McGill Policy Against Sexual Violence. 20 ! For a complete breakdown of all scores, please refer to the Our Turn website and/or Appendix A. SCORECARD: MCGILL GENERAL Existence of a policy that covers SV (+12) Existence of a stand-alone policy (+6) C61% Accessible policy - Online (+2) 12 0 2 Accessible policy - One document (+2) 0 Clearly defined complaint process requires clearly outlined and defined step-by-step process (+2) 2 Existence of reporting and statistic mechanisms (+2) 2 Ability to report externally to the criminal justice system and/or human rights tribunal (+2) 2 Does not include the ability to suspend complaint if the complainant also seeks recourse from criminal justice system (+2) 2 Renewal and review of policy (+4 if annual/every 2 years OR review after 1st year and then every 3, +3 if review every 3 years, +2 if reviewed every 4, +1 if review +5 years) 3 SCOPE 0 Faculty and staff are processed under the same SVP as students (+4) Defines consent effectively - recognizes drugs/alcohol, power relations, revocation of consent, consent cannot be assumed, cannot be obtained through coercion and threats (+ 5) 5 Covers visitors and alumni (+2) (would include any specific mention of the ability to ban visitors and alum from campus and have no contact orders) 0 Ensures complaints are not suspended if the respondent ends their relationship with the school (i.e. transfers or drops out) (+2 points) 0 Covers off campus activity that impacts ability to live and learn on campus (+1) 0 Covers online activity (+1) 1 Covers stealthing (+1) 0 Explicitly covers co-op and practicum placements (+1) 0 COMPOSITION OF THE DECISION MAKER(S) Existence of an external third party independent member on the review committee (+2) 0 Existence of student representatives on the review committee (+2) 2 Explicitly mandating sexual violence sensitivity training (+2) 2 Existence of an independent investigator (+2) 0 FORMAL AND INFORMAL COMPLAINT PROCESS Existence of informal and restorative justice mechanisms (+1 for informal and +1 for restorative justice) 1 Explicit rape shield protections - prohibition of questions regarding past sexual history (+2) 2 Existence of Face to Face Protections (+2) 0 Existence of specific immunity clause for drug and alcohol use (+2) 0 Explicit mention that all sanctions ordered against respondent will be made known to survivor (+2) 2 Clearly defined timelines for complaint process (+2) 0 Interim Measures (+1 for existence and +1 for explicit survivor-centrist stance) 2 Does not include a frivolous claims section (+2) 2 Ability to have support person present (+1) 1 Existence of a conflict of interest clause (+1) 1 Does not include an exception clause (+2) 2 Existence of protection from retaliation (+1) 1 Existence of ability to submit anonymous and third party complaints (+2) 0 Does not include a time limit to file a formal complaint after incident (+2) 2 Does not include a gag order at any point (+2) 0 Appeal process (+1 ability to appeal and +2 appeal to an external non-administrative body) 1 EDUCATION Creates a prevention, education and support committee (+1) 1 Highlights support services available for survivors (+2) 2 Committed funding to support programs (+1) 1 Highlights prevention programs on campus (+1) 1 On campus services that are sexual violence specific (+1) 1 Intersectionality recognized (+2) 2 Rape culture mentioned (+2) 0 Accommodations for survivors mentioned (+1) 1 TOTAL SCORE 61 21 POLICY CHECKLIST Throughout the process of consulting students across the country, researching over 60 campus sexual violence policies and grading individual schools’ policies, we developed a checklist of important components should and should not be included in an ideal survivor-centric policy. YOUR CAMPUS SEXUAL VIOLENCE POLICY YOUR CAMPUS SEXUAL VIOLENCE POLICY SHOULD HAVE SHOULD NOT HAVE A Specific Immunity Clause for Drug and Alcohol Use Time limits for Filing a Formal Complaint Protection from Face to Face Encounters During the Complaint Process Threatening Sanctions for Vexatious, Malicious or False Complaints Survivor-Centric Interim Measures Gag Order (During or Beyond the Complaint Process) Anonymous and Third Party Complaint Options A Loophole whereby a complaint can be suspended if the respondent ends their relationship with the school (i.e. transfers or drops out) Recognition of the Intersectional Impacts of Sexual Violence Required Sexual Violence Support and Sensitivity Training for all those involved in the Complaint Process Independent Third Party Member of the Appeal Committee ! Existence of Clear Timelines For more information and a detailed list of examples of best and worst practices from policies across Canada, please refer to the Our Turn website and/or Appendix B of the Our Turn Action Plan. Acknowledgment of Campus Rape Culture 22 T H E O U R T U R N ACTION PLAN Student Unions are encouraged to create their own campus Our Turn task forces to begin implementing this action plan. The National Our Turn Action Plan recognizes that each campus is unique and the experiences of sexual violence they are combating may vary. Thus, it is recognized that these steps should act as an adaptable guide to support student unions as they seek to lead a campus specific response to sexual violence. All student unions involved in the Our Turn project are unified by a common goal of responding to sexual violence on their campus and taking action to address it through a variety of ways. This plan is a toolbox to complement and build upon the work that is already being done on campuses to prevent sexual violence, support survivors, and advocate for change. Our hope is that the plan will provide an opportunity for advocacy groups on campuses to consolidate their work and make a difference together. Furthermore, we hope that it will cause student groups across Canada to share ideas, resources, and advice. “ These steps should act as an adaptable guide to support student unions as they seek to lead a campus specific response to sexual violence. 23 STEP 1: Pass a motion acknowledging the existence of and committing to eliminating rape culture on their campus ■■ Pass a motion in the Student Union Council acknowledging the existence of rape culture on campus and committing to taking action to prevent sexual violence, support survivors and advocate for needed reforms through the creation of an independent student Our Turn task force. STEP 2: Create an Our Turn task force on their campus ■■ Seek participation from a wide variety of stakeholders and students - including but not limited to graduate and undergraduate students, part-time students and international students. ■■ Seek participation and representation from individuals with varying intersectional identities. ■■ Create an accessibility and intersectionality representative position with the role of evaluating task force decisions and programs through an intersectional lens. STEP 3: Hold consultation meetings ■■ Hold general and specific consultation meetings during the creation and implementation of the task force. ■■ This includes public consultation meetings for feedback and specific consultation meetings with specific groups - such as students living with accessibility needs, Indigenous students, racialized students and students who identify with varying gender identities and sexual orientations. 24 STEP 4: Conduct a student campus sexual violence survey ■■ The Our Turn volunteers have researched and developed a Campus Sexual Violence Survey that will be shared with all student unions who commit to the National Action Plan. Student unions and groups have the freedom to use the draft survey questions shared with them or develop their own. ■■ It is imperative that the survey developed take all possible steps to maintain confidentiality and avoid re-traumatization. This requires: • Content Warnings; Commitment of confidentiality and option of anonymity; An outline of resources available to support survivors; The mention of safe spaces with peer support for those completing the survey; All question should be optional and include the option “would rather not disclose”. ■■ The primary goal of the survey is to collect data on understandings of sexual violence and survivors experiences on campus. A secondary goal is to encourage post-secondary institutions and governments to conduct their own sexual violence surveys to gather accurate data on the issue and support the implementation of programs to respond to the data. STEP 5: Adapt Our Turn to your campus ■■ Adopt, implement, and adapt programming for prevention, support, and advocacy on your campus, utilizing the best practices suggested by the Our Turn Action Plan. ■■ Utilize existing organizations, networks, and programs to build upon the work that already exists and develop a unified campus strategy. 25 PREVENTION In order to prevent sexual violence, a community must change the underlying culture that facilitates it. Effective peer-to-peer awareness and prevention programs seek to make community members aware of the problem of sexual violence and give them the tools they need to identify and change harmful behaviours and attitudes within their communities. The following are recommendations to create and implement prevention programs on campus. ■■ This training session can be developed independently by students or in conjunction with on campus sexual violence support services or off-campus community organizations. It may be an expansion of an existing program, or a new session developed and led by students. Develop or Adopt Peer-to-Peer Sexual Violence Prevention and Support Training ■■ Students are key actors in the efforts to shift campus culture and prevent sexual violence. Providing basic peer-to-peer sexual violence prevention and support training is the first step to empowering students to make our campuses safer. ■■ The following are topics that could be addressed: ■■ Often the first person a survivor discloses their experience of sexual violence to is one that they have a personal relationship with. This could be a friend, significant other or family member. Keeping this in mind, it is important that these individuals have a basic understanding of how best to respond to a disclosure appropriately and sensitively. They should know to tell survivors that they are believed, that it is not their fault and that they are safe. Furthermore, they should be aware of the professional resources that survivors can access. ■■ Student unions are encouraged to implement sexual violence prevention and support training that gives students the tools to adequately prevent and respond to sexual violence. • Defining sexual violence, actors involved and consent; • Specific discussions on consent, alcohol and drug use; • Discussion on rape culture; • Intersectionality and sexual violence; • Tools for bystanders to identify sexual violence and respond; • Tools for third parties to respond to disclosures and connect survivors with appropriate resources; • Specific support information including on and off campus support; options, explanations of sexual violence academic accommodations and an outline of the formal complaint process; ■■ Student unions can provide recognition of completion through certificates, co-curricular records, or other avenues ■■ Create a team of students who will conduct the training. Work with on and/or off campus partners to ensure that those conducting the training have appropriate sensitivity training and are prepared to answer a variety of questions. Seek funding for honorariums for the members of the consent team to ensure that student labour is compensated. 26 Require members of student union clubs to receive peer-to-peer sexual violence prevention and support training. Expand peer-to-peer sexual violence and support training to other campus groups ■■ Work in conjunction with on or off campus partners to offer student peer-to-peer training to a variety of campus groups, including but not limited to: ■■ Require that a minimum number of members from each student union club to complete sexual violence prevention and support training throughout the year. ■■ To encourage participation, make club funding or other club services contingent on the completion of this training. Mandate all clubs to create an equity or human rights officer position ■■ Require that each club designate an equity or human rights officer position on their executive. This can be an independent position or can be added to an already existing one. • Varsity athletes • Residence student staff • Fall orientation or frosh week participants and facilitators • Student union staff • Members of student union councils and executives • International and exchange students Create and implement an awareness and prevention campaign ■■ This individual would be responsible for being aware of supports and resources available to students - including sexual violence and mental health support. The equity or human rights officer would not be considered a counselor or peer supporter, but they would be the primary point of contact within the club for members who require support in knowing where to access resources. ■■ Develop a prevention and awareness campaign—with campus-specific accompanying branding and promotional material—to conduct throughout the year. The goal of this campaign should be to eliminate rape culture on campus and promote a culture of consent. ■■ The campaign can include information on rape culture, experiences of sexual violence on campus, the promotion of consent and the intersectionality of sexual violence. ■■ The student union should offer a training session and resource guide to the equity or human rights officers to inform them of the expectations of the role and the resources they should be aware of. ■■ Work with on and/or off campus partners to ensure that all volunteers for this campaign have appropriate sensitivity training and are prepared to answer a variety of questions. ■■ Promote awareness and education about campus sexual violence using these campaign materials at campus events such as frosh and varsity sports events. Attend and support community events related to sexual violence and gender-based violence ■■ Student groups should seek involvement beyond campus by partnering with and supporting community organizations that address sexual violence and gender-based violence. 27 SUPPORT After experiencing sexual violence, it is essential that survivors receive timely, sensitive and survivor-centric support. The first person whom a survivor discloses to plays an important role in their future recovery. By creating a safe campus atmosphere that is supportive of survivors - students can support individual survivors as they go through the recovery process which can include acceptance, being believed, feeling safe and getting involved in sexual violence prevention and support advocacy. The following are recommendations to create and implement support programs on campus. Create a Campus Survivor Network ■■ It is essential that survivors have access to peer-to-peer sexual violence support that is independent from the post-secondary administration. Although access to professional support provided by institutions is a necessity on campuses, it is important to recognize that some survivors may not feel comfortable seeking support from the same institution involved in their cases. Access to support networks independent of the institution may be helpful to many survivors as they pursue recovery. This can be done either through the creation of an independent student sexual violence support centre or the creation of informal survivor network. ■■ The informal survivor network could lead awareness campaigns to inform students and community members of its existence but should remain confidential. The location and meetings times should not be posted publicly - only those who reach out to the organizers and self-identified as survivors should have access to the network. The network can host a variety of wellness events for survivors to provide them a space safe to share experiences, promote solidarity and encourage healing. The group should consider creating terms of reference, confidentiality waivers (to not share the experiences of others), a code of conduct and set boundaries for the discussions/supports expected prior to creating the network. 28 Create and Implement an Anonymous and Third Party Disclosure Form Raise awareness of community support resources ■■ 90% of those who experience sexual violence, do not report their experiences to authorities.40 This is due a wide-ranging number of reasons - including stigma and fear of recourse. An anonymous and third party complaint system could address the needs of survivors who wish to relay incidents to university authorities for the purpose of record keeping, but who do not want to disclose their identities.41 ■■ Develop a support awareness campaign — with campus specific accompanying branding and promotional material—to conduct throughout the year. The goal of this support campaign should be to share widely the resources available to survivors and those seeking to support them. ■■ This support awareness campaign should focus specifically on where to seek on and off-campus resources regarding sexual violence - for survivors, as well as those who have received a disclosure and are supporting a survivor. These materials should have information regarding on and off-campus support. If available, there should be specific mention of identity specific resources, such as support available for trans women, for racialized individuals and for male survivors. ■■ In the report The Response to Sexual Violence at Ontario University Campuses, professors from Carleton University recommend that Universities investigate ways to incorporate mechanisms for anonymous reporting of incidents of sexual violence.42 These authors state: “There are online reporting tools currently available that connect survivors with other survivors who have reported the same perpetrator. Such a tool may increase reporting, and assist in addressing the systemic problem of sexual violence by enabling the university to identify patterns of sexual violence as well as serial perpetrators”.43 Advocate for the addition of sexual violence academic accommodations to course syllabi ■■ Students cannot access support or utilize accommodations offered by their institutions if they are unaware of their existence. Although many post-secondary institutions offer accommodations to survivors, often such resources are unpublished or poorly promoted. This acts as a barrier to survivors accessing the support they need for their recovery. ■■ Anonymous and Third Party Disclosure Forms should guarantee confidentiality while including a clear outline of next steps for the disclosure and providing information regarding support resources available. ■■ Student unions should seek to work with their post-secondary institutions to develop an official academic accommodation policy that is survivor-centric and outlines the process for seeking academic accommodations for sexual violence. ■■ Currently Brock University44, the University of British Columbia45, Lakehead University, the University of Manitoba, and the University of Toronto include processes with their sexual violence policies to facilitate anonymous and third party disclosures. ■■ To ensure broad awareness of the academic accommodations available, student unions should seek to have them published in all University syllabi. 29 Evaluate their own policy using the Campus Sexual Violence Policy Scorecard ■■ Use the Our Turn Campus Sexual Violence Scorecard to evaluate your school’s sexual violence policy on its commitment to survivor-centrism and a trauma-informed process. ■■ Share the final score with your student body and the wider campus community. ADVOCACY Identify clauses to amend through the Campus Sexual Violence Policy Checklist In developing and implementing sexual violence policies it is imperative that postsecondary institutions adopt a survivor-centric approach that respects the rights and wishes of survivors and avoids retraumatization. Students are key stakeholders in these processes and should play a significant role in the development or reform of these policies. Furthermore, students are in a unique position to advocate for legislative reforms at the local, provincial and federal levels of government. The following are recommendations to advocate for reforms on campus and beyond. ■■ Use the Our Turn Campus Sexual Violence Policy Checklist to identify clauses in your school’s policy that should be amended. Advocate for policy reforms at the campus level using the Our Turn Advocacy Guide ■■ The Our Turn Advocacy Resource Guide will have a variety of resources available to support student unions as they advocate for change. The first step should be consultation and collaboration with administration to reform the sexual violence policy together. ■■ Some of the other resources available in the Advocacy Guide will include: • Campus Sexual Violence Policy Scorecard • Campus Sexual Violence Policy Checklist • Open Letter Template • Advocacy Awareness Campaign Best Practices and Examples from across Canada • Human Rights Complaint FAQ sheet Collaborate with other student unions and organizations to advocate for legislative reform at the local, provincial and federal levels of government. ■■ In many cases, post-secondary institutions claim that they are bound by provincial and federal legislation that limit their ability to create and administer survivor-centric policies. As such, advocacy should not end at the campus level. ■■ Student unions and community organizations should collaborate to create a unified advocacy strategy. This will magnify the impact of calls for reform and will result in a higher likelihood of change. 30 THE BEGINNING OF A MOVEMENT This plan is a call to action for students across the country to work to prevent sexual violence and support survivors in real, tangible ways. We recognize that there is a crisis occurring on our campuses and we cannot wait any longer to take action. The following student unions have committed to implementing the Our Turn Action Plan on their own campuses. Each organization will build their programming in different ways, tailoring it to the unique structures and challenges present in their institutions. By signing onto the Our Turn Action Plan, these student unions have committed to a national student movement to end sexual violence, sharing resources and best practices between institutions. This action plan is students recognizing that it’s Our Turn to eliminate campus sexual violence - together. SSMU UTSU AMS Students’ Society of McGill University University of Toronto Student’s Union UBC Alma Mater Society CUSA UPEISU CFS-MB Carleton University Students’ Association University of Prince Edward Island Student Union Canadian Federation of Students – Manitoba CASG MUNSU UMSU Carleton Academic Student Government Memorial University of Newfoundland Students’ Union University of Manitoba Students’ Union CFS-NL GSU MUN UWSA Canadian Federation of Students – Newfoundland and Labrador Graduate Students’ Union of the Memorial University of Newfoundland University of Winnipeg Students’ Alliance SFUO DSU LUSU Student Federation of the University of Ottawa Dalhousie Student Union Lakehead University Student Union RRRA CESAR UMGSA Rideau River Residence Association Continuing Education Students’ Association of Ryerson University of Manitoba Graduate Students’ Association RPIRG CSU Regina Public Interest Research Group Concordia Student Union 31 ACKNOWLEDGMENTS We would like to thank the independent student volunteers for their research and support in developing this action plan. Specifically we would like to thank: Kenneth Aliu Brittany Galler Harar Hall Jacob Howell Alexandra Noguera Fa’Ttima Omran Greg Owens The first acknowledgment for this action plan is to the Algonquin and Kanien’kehá:ka Peoples. We seek to recognize that the development and writing of this action plan was primarily conducted on unceded and unsurrendered Algonquin and Mohawk territory in the Ottawa and Montreal region. Andrew Pett Ashley Pinheiro Sam Richardson Lea Roswell Kendra St-Onge Holly Smith Caeleigh Wannamaker These student volunteers have been integral to the development and implementation of this action plan. They have provided unparalleled support and work into this project - we will never be able to thank them enough for their work and for inspiring us every day. We would also like to thank the student unions who made the Our Turn movement possible. First, at Carleton University, thank you to CUSA (Carleton University Students Association), and the RRRA (Rideau River Residence Student Association) - two student unions at Carleton who supported the early beginnings of the Our Turn project. Second, thank you to the SSMU (Student’s Society of McGill University) who played a significant role in supporting the National Our Turn Action Plan. Their logistical, financial and emotional support throughout this project has been paramount. Specifically, we would like to thank the SSMU Vice-President External Connor Spencer - an incredible sexual violence prevention and support advocate who became one of the Our Turn champions. Finally, thank you to all of the survivors who shared their stories and experiences with us to develop this action plan. Thank you for your continued resilience and showing every day that although healing is not linear it is possible. 32 SOURCES CITED 1. Jeanne Ward, “Programming Module on Working with the Health Sector to Address Violence against Women and Girls” UN Women (February 2011), online: at 36. 2. Ibid. 3. Government of Ontario, Office of the Premier, It’s Never Okay: An Action Plan to Stop Sexual Violence and Harassment (March 2015), online: at 9. 4. Ummni Khan, “The Rhethoric of Rape Culture” Centre for Free Expression (5 December, 2016), online: . 5. University of British Columbia, University of British Columbia Sexual Assault and Sexual Misconduct Policy, Board of Governors (May 18, 2017), online at s. 8. 6. Ibid. 7. University of British Columbia, University of British Columbia Sexual Assault and Sexual Misconduct Policy, Board of Governors (May 18, 2017), online at s. 8. 8. Laurentian University, Laurentian University Policy on Response and Prevention of Sexual Violence, President and ViceChancellor (December 16, 2016), online: at s. 5.1.8. 9. The State University of New York, “Definition of Affirmative Consent”, online: . 10. Ending Violence Association of BC, Campus Sexual Violence: Guidelines for a Comprehensive Response, (May 2016) online: http://endingviolence.org/wp-content/uploads/2016/05/EVABC_CampusSexualViolenceGuidelines_vF.pdf at 22. 11. Ibid. 12. Ibid at 24. 13. Ibid. 14. Kimberlé Crenshaw, "Demarginalizing the Intersection of Race and Sex: A Black Feminist Critique of Antidiscrimination Doctrine, Feminist Theory and Antiracist Politics" (1989) 8:1 University of Chicago Legal Forum. 15. McGill University, McGill University Policy Against Sexual Violence, Board of Governors (1 December, 2016), online at Preamble. 16. Canada, House of Commons, “ Taking Action to End Violence Against Young Women and Girls in Canada” 42nd Parl, 1st Sess., online: at 22. 17. Government of Ontario, supra note 3 at 27. 18. Sawa, Timothy and Lori Ward. “Sex Assault Reporting on Canadian Worryling Low, Say Experts” CBC News (February 9, 2015), online: . 19. Canadian Federation of Students - Ontario, supra note 25. 20. Rape, Abuse & Incest National Network, “Victims of Sexual Violence: Statistics”, online: . 21. METRAC: Action on Violence. “Campus Safety: Considerations and Promising Practices” (September 23, 2016), online: . 22. Ryerson University Office of Sexual Violence. “Consent Comes First Orientation Checklist”, (2016), online: http://www. ryerson.ca/content/dam/sexual-violence/images/Orientation_Checklist.pdf. 23. University of British Columbia Sexual Assault and Sexual Misconduct Policy, supra note 4 at Definitions. 33 24. Ibid. 25. Ibid. 26. Arti Patel,”Stealthing: Removing Condoms During Sex is Sexual Assault, Experts Say”, Global News, (April 26, 2017), online: . 27. Brodsky, Alexandra “'Rape-Adjacent': Imagining Legal Responses to Non-consensual Condom Removal” (2017) 32:2 Columbia Journal of Gender and Law. 28. Rape, Abuse & Incest National Network, “Effects of Sexual Violence”, online: . 29. McGill Policy Against Sexual Violence, supra note 14 at Preamble. 30. Ibid. 31. Rape, Abuse & Incest National Network, “Campus Sexual Violence Statistics”, online: . 32. Government of Ontario, supra note 3 at 12. 33. Canadian Women’s Association, “Moving Women Out of Violence: Factsheet” (April 2014), online: . 34. Ibid. 35. METRAC: Action on Violence, supra note 26 at 2 36. Doolittle, Robyn, “Unfounded: Why Police Dismiss 1 in 5 Assault Claims as Baseless” The Globe and Mail (February 3, 2017), online: . 37. Ibid. 38. Ibid. 39. Sawa, supra note 22. 40. Doolittle, supra note 36. 41. Doris Buss, Diana Majury, Dawn Moore, et al., “The Response to Sexual Violence at Ontario University Campuses”, Report Submitted to the Ontario Ministry of Community Safety and Correctional Services (July 4, 2016) at 24. 42. Ibid at 24. 43. Ibid at 28. 44. Brock University, Brock University Sexual Assault and Harrassment Policy, The Office of the President (1 December, 2016), online at s. 4 & 5. 45. University of British Columbia Sexual Assault and Sexual Misconduct Policy, supra note 4 at Definitions. 34 APPENDIX A - SCHOOL SCORES Find below a list of the scores determined for all fourteen schools who have student unions that have signed on to the Our Turn Action Plan. For more information with citations please refer to the our turn website. CAR CON DAL LAK MCG MEM RYE UBC MAN OTT PEI REG TOR WIN GENERAL Existence of a policy that covers SV (+12) 12 12 12 12 12 12 12 12 12 12 12 12 12 12 Existence of a stand-alone policy (+6) 6 0 3 6 0 6 6 6 6 6 6 3 3 0 Accessible policy - Online (+2) 2 2 2 2 2 2 2 2 2 2 2 2 2 2 Accessible policy - One document (+2) 2 0 0 2 0 0 2 2 2 2 2 0 0 0 Clearly defined complaint process requires clearly outlined and defined step-by-step process (+2) 2 2 2 2 2 2 2 2 2 2 2 0 2 0 Existence of reporting and statistic mechanisms (+2) 2 2 0 2 2 2 2 2 2 2 0 2 2 2 Ability to report externally to the criminal justice system and/or human rights tribunal (+2) 2 2 2 2 2 2 2 2 2 2 2 2 2 2 Does not include the ability to suspend complaint if the complainant also seeks recourse from criminal justice system (+2) 0 0 2 2 2 2 2 0 2 2 2 2 2 0 Renewal and review of policy (+4 if annual/every 2 years OR review after 1st year and then every 3, +3 if review every 3 years, +2 if reviewed every 4, +1 if review +5 years) 3 4 0 4 3 0 4 3 3 3 3 4 3 4 Faculty and staff are processed under the same SVP as students (+4) 4 0 4 4 0 4 4 4 4 4 4 4 4 4 Defines consent effectively - recognizes drugs/alcohol, power relations, revocation of consent, consent cannot be assumed, cannot be obtained through coercion and threats (+ 5) 5 5 5 5 5 0 5 5 5 5 0 5 5 5 Covers visitors and alumni (would include any specific mention of the ability to ban visitors and alum from campus and have no contact orders) (+2) 0 0 1 2 0 2 2 0 2 2 2 2 2 0 Ensures complaints are not suspended if the respondent ends their relationship with the school (i.e. transfers or drops out) (+2 points) 2 0 2 2 0 2 0 2 2 0 2 2 0 0 Covers off campus activity that impacts ability to live and learn on campus (+1) 1 1 0 1 0 0 1 1 1 1 1 1 1 0 Covers online activity (+1) 1 1 1 1 1 0 1 1 1 1 1 0 1 0 Covers stealthing (+1) 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Explicitly covers co-op and practicum placements (+1) 0 0 0 0 0 1 0 1 1 0 1 0 0 0 SCOPE 35 CAR CON DAL LAK MCG MEM RYE UBC MAN OTT PEI REG TOR WIN COMPOSITION OF REVIEW COMMITTEE OR DECISION MAKER Existence of an external third party independent member on the review committee (+2) 0 0 0 2 0 0 0 0 0 0 0 0 0 0 Existence of student representatives on the review committee (+2) 0 2 0 0 2 0 0 0 0 2 0 0 2 0 Explicitly mandating sexual violence sensitivity training (+2) 2 0 2 0 2 0 2 0 0 2 0 0 0 0 Existence of an independent investigator (+2) 2 0 2 2 0 2 2 2 2 2 2 0 2 2 Existence of informal and restorative justice mechanisms (+1 for informal and +1 for restorative justice) 0 1 1 1 1 1 2 1 1 1 1 0 1 2 Explicit rape shield protections - prohibition of questions regarding past sexual history (+2) 0 0 0 0 2 0 0 0 0 0 0 0 0 0 Existence of Face to Face Protections (+2) 0 0 0 2 0 0 2 2 2 2 2 0 0 0 Existence of specific immunity clause for drug and alcohol use (+2) 0 0 0 0 0 0 0 0 0 0 0 0 0 2 Explicit mention that all sanctions ordered against respondent will be made known to survivor (+2) 0 2 2 0 2 2 2 0 0 2 2 2 0 0 Clearly defined timelines for complaint process (+2) 0 0 2 2 0 2 2 2 1 2 2 0 0 0 Interim Measures (+1 for existence and +1 for explicit survivor-centrist stance) 1 1 1 1 2 1 1 1 1 1 0 1 1 1 Does not include a frivolous claims section (+2) 2 0 0 0 2 0 2 2 0 2 0 0 2 0 Ability to have support person present (+1) 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Existence of a conflict of interest clause (+1) 0 0 0 1 1 1 1 1 1 1 1 1 1 0 Does not include an exception clause (+2) 2 2 2 2 2 2 2 2 2 0 2 2 2 2 Existence of protection from retaliation (+1) 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Existence of ability to submit anonymous and third party complaints (+2) 0 0 0 2 0 0 0 2 2 0 0 0 2 0 Does not include a time limit to file a formal complaint after incident (+2) 2 2 0 2 2 0 2 2 1 2 2 2 2 2 Does not include a gag order at any point (+2) 0 0 0 2 0 0 0 2 1 0 0 2 0 2 Appeal process (+1 ability to appeal and +2 appeal to an external non-administrative body) 3 1 0 0 1 1 1 1 1 1 1 1 1 1 FORMAL AND INFORMAL COMPLAINT PROCESS 36 CAR CON DAL LAK MCG MEM RYE UBC MAN OTT PEI REG TOR WIN EDUCATION Creates a prevention, education and support committee (+1) 1 1 0 1 1 1 1 1 1 1 0 0 0 1 Highlights support services available for survivors (+2) 2 1 2 2 2 0 2 2 0 2 0 2 2 2 Committed funding to support programs (+1) 1 1 1 0.5 1 1 1 1 1 0 0 0 1 1 Highlights prevention programs on campus (+1) 0 1 0 1 1 0 1 1 1 1 0 1 0 1 On campus services that are sexual violence specific (+1) 1 1 1 0 1 1 1 1 1 0 0 0 1 1 Intersectionality recognized (+2) 2 2 2 0 2 0 2 2 2 0 0 0 2 0 Rape culture mentioned (+2) 2 0 0 0 0 0 2 2 0 0 0 0 0 0 Accommodations for survivors mentioned (+1) 1 1 1 1 1 0 1 1 1 1 0 0 1 1 TOTAL SCORE 70 52 57 75.5 61 54 81 78 73 73 59 57 66 54 LETTER GRADE B- D- D+ B C- D A- B+ B B D+ D+ C D ! For more information on school scores and citations please visit the OurTurn website. 37 APPENDIX B C H E C K L I S T E X PA N D E D Throughout the process of consulting students across the country, researching over 60 campus sexual violence policies and grading individual schools’ policies, we developed a checklist of important components should and should not be included in an ideal survivor-centric policy. The following appendix includes examples of best and worst practices from existing campus sexual violence policies across the country. YOUR CAMPUS SEXUAL VIOLENCE POLICY SHOULD HAVE: A SPECIFIC IMMUNITY CLAUSE FOR MINOR DRUG AND ALCOHOL USE York University Policy on Sexual Violence, Section 8.3: The University recognizes that some individuals may be hesitant to disclose or report sexual violence in cases where they have been drinking while under age or were using drugs at the time the sexual violence took place. A survivor or community member acting in good faith who discloses or reports sexual violence will not be subject to actions for violations of the University’s policies related to drug and alcohol use at the time that the sexual violence took place. PROTECTION FROM FACE TO FACE ENCOUNTERS DURING THE COMPLAINT PROCESS Bishop’s University Policy on Harassment, Section 4.2.7.: If both parties don't want to meet face to face the proceedings can be taped. SURVIVOR-CENTRIC INTERIM MEASURES Ontario College of Art and Design (OCAD) Policy on Prevention and Response to Sexual and Gender-based Violence, Section 6.2: A Report of Sexual Violence to the University may result in one or more of the following measures and outcomes: • A safety plan for the Complainant; • Support in reporting the incident to Police; • Clear communication to the Respondent that the behaviour is unwelcome and must stop; • Measures to protect the Complainant during any internal or external process, including interim measures placed on the Respondent; • Measures to protect the University Community in situations where a risk is determined, including interim measures placed on the Respondent. 38 ANONYMOUS AND THIRD PARTY COMPLAINT OPTIONS Brock University Sexual Assault and Harassment Policy, Section 4 and 5: Section 4: Anonymous Disclosure: • 4.1. Individuals may anonymously disclose Sexual Violence to HRE in accordance with the University’s Safe Disclosure Policy. Individuals may choose not to provide their name or other personal information in the anonymous disclosure . • 4.2. HRE will make information on supports, services, accommodations, interim measures, and the disclosure options available to individuals who make anonymous disclosures. • 4.3. HRE will collect and maintain information provided in anonymous disclosures. Section 5: Third Party Disclosure • 5.1. Individuals who receive disclosures of Sexual Violence from a Brock Community Member may make a third party disclosure and consult with HRE staff on how to provide support and advice to the Survivor. • 5.2. HRE will give the third party discloser information on supports, services, accommodations, interim measures, and the Procedures under this Policy. RECOGNITION OF THE INTERSECTIONAL IMPACTS OF SEXUAL VIOLENCE Mcgill University Policy Against Sexual Violence, Preamble: [This Sexual Violence Policy] further acknowledges that, while Sexual Violence impacts all members of society, Sexual Violence and its consequences may disproportionately affect members of social groups who experience intersecting forms of systemic discrimination or barriers (on grounds, for example, of gender, sexual orientation,gender identity and expression, race, religion, Indigenous identity, ethnicity, disability or class). University of Victoria Sexualized Violence Prevention and Response Policy, Section 3: Some individuals or groups experience sexualized violence at higher rates. Every effort to address sexualized violence should be grounded in an intersectional understanding that each person’s experience will be affected by many factors, including but not limited to their sex; gender identity and expression; sexual identity; family status; Indigenous, racial, or ethnic background; language barrier; ability; faith; age; socioeconomic status; academic standing; as well as their position within university structures, hierarchies, and power relations. 39 SEXUAL VIOLENCE SUPPORT AND SENSITIVITY TRAINING FOR ALL THOSE INVOLVED IN THE COMPLAINT PROCESS University of Ottawa Policy 67b on Prevention of Sexual Violence, Section 4 & 7: 4.9. The University will provide or make available to members of the University community education and awareness training on this Policy and on the prevention of sexual violence, with content tailored to the audience and relevant to their role and responsibility in responding to and addressing sexual violence. 7.6.1. (a) The members of the review committee must have knowledge of proper investigative practices, of basic principles of fairness in complaint processes. The members of the review committee will have received training provided or arranged by the Human Rights Office in the sensitive issues surrounding sexual violence, in procedures leading to fair resolution and in consequences or measures that may be appropriate to an incident of sexual violence and which act as deterrents to further occurrence of sexual violence. This training will not deal with the specific complaint currently before the review committee and is in no way meant to hinder the independence of any review committee member to make a decision and/or recommendation on based on the information provided to the review committee and according to his or her conscience. INDEPENDENT THIRD PARTY MEMBER OF THE APPEAL COMMITTEE Carleton Sexual Violence Policy, Section 10.2: The appeal must be made to the University Secretary. Following receipt of the appeal, the University Secretary will convene the Appeal Board. The Appeal Board consists of the Vice President Finance and Administration, the Associate Vice President of Human Resources and the Provost and Vice President Academic or their delegates. The Appeal Board will be chaired by a person external to the University Community who has the appropriate legal training. All members of the Appeal Board will receive sexual violence and procedural fairness training. EXISTENCE OF CLEAR TIMELINES University of Lethbridge Harassment and Discrimination Policy, Section 1: 1.2.2. The AVP-HR & ADMIN will provide the Complainant with written acknowledgment of the complaint within 5 business days from the date on which the complaint is received. 1.2.3. The AVP-HR & ADMIN will review the complaint within 10 business days of receipt and determine whether: the complaint is timely under Section 1.1.3 herein, or whether an extension of the time for the complaint is warranted; the matter is within the scope of the Policy; the allegations pertain to matters of harassment or discrimination as defined in the Policy; the complaint establishes a prima facie case of harassment or discrimination under the Policy; and the complaint has not already been (or is in the process of being) investigated under a Collective Agreement or any other procedure or policy.” 1.3.4. The Investigator shall conclude the investigation as expeditiously as possible, and normally within ninety (90) days from the date on which the complaint is received by the AVP-HR & ADMIN. 40 ACKNOWLEDGMENT OF CAMPUS RAPE CULTURE University of Ryerson Sexual Violence Policy, Section V (2): The Office of Sexual Violence Support and Education will work with on and off-campus partners [...] to develop an annual education strategy that includes campaigns, training sessions, workshops, print and online resources, programs and events on a breadth of topics related to sexual violence on campus. These campaigns will explore topics such as rape culture, consent culture, sexual assault awareness, how to seek support, resources for survivors, advice and resources for first responders, etc. The audience for these efforts would include employees, students and visitors to our campus [...] Faculties and departments are encouraged to include education related to rape culture and sexual violence in course materials and program curriculum where appropriate. They are also encouraged to use trained facilitators who understand the sensitivity with which these topics must be raised, who have the skills to respond appropriately to disclosures and those who may be triggered by the content of the material or resulting discussions. YOUR CAMPUS SEXUAL VIOLENCE POLICY SHOULD NOT HAVE: TIME LIMITS FOR FILING A FORMAL COMPLAINT Memorial University of Newfoundland Policy on Sexual Harassment, Section 6.3: If a complainant wishes to file a formal complaint, it shall be filed within twelve (12) calendar months of the incident. Events prior to the twelve (12) month period can be referenced if the incident(s) is relevant and part of a series of incidents that form a pattern of harassment. THREATENING SANCTIONS FOR VEXATIOUS, MALICIOUS OR FALSE COMPLAINTS Dalhousie University Sexual Harassment Policy, Section 47 on Bad Faith Complaints: A complaint made in bad faith shall constitute grounds for disciplinary action against the complainant, which shall be commenced in accordance with applicable disciplinary processes. A bad faith complaint is a complaint that is made with a conscious design to mislead or deceive, or with a malicious or fraudulent intent. 41 GAG ORDER (DURING OR BEYOND THE COMPLAINT PROCESS) Acadia University Policy Against Harassment and Discrimination, Section F.5.1.: All members of the University community involved in any proceedings pursuant to this policy are expected to maintain confidentiality. A breach of confidentiality is a disservice to both the complainant and the respondent. Carleton University Sexual Violence Policy, Section 8.5 (b): To ensure procedural fairness while a formal complaint process is underway, the Complainant, the Respondent and others who may have knowledge of the matter, including a support person, must maintain confidentiality in accordance with this Policy and not make public statements (for example: media, public and/ or social media statements) that may jeopardize the proper handling of the matter. The confidentiality obligations do not prevent a person from seeking counselling, treatment, support services or from speaking to friends and family. Any questions regarding confidentiality obligations under this Policy can be clarified by contacting the individual who receives the formal complaint. A LOOPHOLE REGARDING RELATIONSHIP WITH THE UNIVERSITY Laurentian University Policy on Response and Prevention of Sexual Violence, Section 9: If the Respondent’s relationship with the University ends and he, she or they are no longer at or with the University, the formal complaint process in this Policy may be suspended. If the Respondent returns and once again becomes a member of the University community, a formal complaint process may resume. A Respondent’s temporary leave of absence from the University or a temporary break in his, her or their relationship with the University do 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. ! For more information on the checklist and citations please visit the OurTurn website. 42