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鈥Conduct of a Sexual Nature鈥 means any conduct which, in whole or in part:
i) seeks the sexual attention or sexual favour of the person to whom it is directed; or
ii) treats the other person as an object of sexual desire; or
iii) is discriminatory or hostile to a person because of the person鈥檚 sex or gender identity; and that is known or ought reasonably to be known to create for such a person an intimidating, hostile, or offensive working, learning, extracurricular or, in the residences, living environment.
鈥Consent鈥 means free, informed, expressed and ongoing agreement to engage in sexual activity and cannot occur when a person is incapable of consenting to the activity, for example, when a person is rendered incapacitated by alcohol or drugs, is unconscious, or where the sexual activity has been induced by conduct that constitutes an abuse of a relationship of trust, power, or authority. Consent to sexual activity can be revoked at any time.
鈥Days鈥 means calendar days.
鈥Disclosure鈥 means the act of informing the Office for Sexual Violence, Response, Support, and Education about an incident of Sexual Violence for the purpose of seeking support.
鈥Member of the University Community鈥 means the following:
i) anyone holding office under the University Charter and Statutes;
ii) an appointee or employee of the University; or
iii) a student as defined in Section 1 of the Code of Student Conduct and Disciplinary Procedures.
鈥Office for Mediation and Reporting鈥 or 鈥OMR鈥 means the University office that receives Reports of Sexual Violence.
鈥Office for Sexual Violence Response, Support and Education鈥 or 鈥OSVRSE鈥 means the University office that establishes and coordinates processes for supporting Survivors who make Disclosures or Reports and for education initiatives that seek to raise awareness about and prevent Sexual Violence on campus.
鈥Procedural Fairness鈥 means a process:
i) based on impartiality and absence of bias;
ii) where the parties are informed of the allegations made against them;
iii) that includes a meaningful opportunity to defend against such allegations, including the right to be given sufficient notice of interviews or meetings where they are expected to present evidence or their perspective on the facts or on evidence gathered as part of the process; and
iv) leading to a decision that includes a sufficiently detailed explanation of the grounds on which it is based in such a way that the parties can understand the basis on which it is made.
鈥Report鈥 means the act of informing the OMR about an incident of Sexual Violence in accordance with this Policy for the purpose of investigation.
鈥Respondent鈥 means an individual who is alleged to have committed an act of Sexual Violence in a Report made by a Survivor.
鈥Sexual Violence鈥 means sexual act or acts targeting a person鈥檚 sexuality, gender identity, or gender expression that is committed, threatened, or attempted against a person without the person鈥檚 Consent and may occur in person, in writing, by phone, or by any means of communication, including online and social media. Sexual violence can be committed by anyone, including but not limited to a spouse, an intimate or dating partner, a friend or acquaintance, a family member, a known individual, or a complete stranger. In this Policy, Sexual Violence includes:
i) sexual assault, meaning sexual contact with another person without that person鈥檚 Consent;
ii) sexual harassment, meaning Conduct of a Sexual Nature
(A) whereby sexual activity:
1. is made an explicit or implicit term or condition of an individual鈥檚 employment or status in a course, program, or activity; or
2. is used as a basis for an employment or educational decision affecting an individual;
or
(B) the effect of which is to impair that person鈥檚 work or educational performance where it is known or ought to be known that the conduct is unwelcome;
颈颈颈)听stalking, meaning repeatedly watching or following another person, where the person making a Disclosure or Report feels that the stalking is connected with gender or sexual identity;
颈惫)听indecent exposure, meaning exposing one鈥檚 genitals in a public place or to another person in a manner that is threatening or offensive;
惫)听voyeurism, meaning the surreptitious observation or recording of a person by mechanical or electronic means;
惫颈)听distribution, sharing, or sending of sexual images, meaning the distribution, sending, or permitting the viewing of an image, photo, or video of a sexual nature without the Consent of the person who is the object or recipient of the image, photo, or video; and
vii) sexual exploitation, meaning abuse or exploitation of another person's sexuality for the purpose of sexual gratification, financial gain, personal benefit or advantage, or any other non-legitimate purpose.
鈥Survivor鈥 means any person who has experienced Sexual Violence, including individuals who self-identify as a victim or victim/survivor. Use of the term 鈥淪urvivor鈥 throughout this Policy is not intended to suggest that the outcome of any investigation is predetermined, and this term will not prejudice or sway the outcome of an investigation into any Report.
鈥Teaching Staff鈥 means every person delivering any component of an academic program, including, but not limited to: undergraduate and graduate courses, supervision of graduate or undergraduate students, supervision of post-doctoral researchers, and services delivered by University librarians and archivists. 鈥淭eaching Staff鈥 in this Policy also means teaching assistants and coaches of University athletic teams.
鈥Trauma-Informed鈥 means an approach that respects individual dignity and autonomy during processes associated with making a Disclosure or a Report, based on an understanding of: the impact that trauma can have on behaviour, decision-making, memory, and willingness to seek services or accommodations or in reporting incidents of Sexual Violence. A Trauma-Informed approach further rejects myths and stereotypes about Sexual Violence (for example, that a person can give Consent by the way they dress or by being intoxicated) and recognizes the impact that Sexual Violence may have not just on an individual, but on communities, as well as the disproportionate impact of Sexual Violence on women, gender minorities, and persons who are racialized, Indigenous, and/or disabled. All processes under this Policy shall be Trauma-Informed.
鈥University Context鈥 means an occurrence:
i) on University premises;
ii) within the context of a University-sponsored program or event or activity whether on-campus or off-campus (e.g., University-sponsored competitions or field trips/studies): or
iii) off-campus, including online or in social media, where the conduct has consequences that may be reasonably seen to adversely affect:
- the safety of students, faculty or staff while on campus or while participating in a University-sponsored program, event or activity;
or
- the right of a Member of the University Community to use and enjoy the University鈥檚 learning or working environment.