“Conduct of a Sexual Nature” 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’s 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.
“Consent” 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.
“Days” means calendar days.
“Disclosure” 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.
“Member of the University Community” 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.
“Office for Sexual Violence Response, Support and Education” or “OSVRSE” 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.
“Procedural Fairness” 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.
“Report” means the act of informing the Special Investigator about an incident of Sexual Violence in accordance with this Policy for the purpose of investigation.
“Respondent” means an individual who is alleged to have committed an act of Sexual Violence in a Report made by a Survivor.
“Sexual Violence” means sexual act or acts targeting a person’s sexuality, gender identity, or gender expression that is committed, threatened, or attempted against a person without the person’s Consent and may occur in person, in writing, by phone, or by any means of communication, including online and social media. Sexual Violence includes:
i) sexual assault, meaning sexual contact with another person without that person’s 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’s 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;
(B) the effect of which is to impair that person’s work or educational performance where it is known or ought to be known that the conduct is unwelcome;
iii) 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;
iv) indecent exposure, meaning exposing one’s genitals in a public place or to another person in a manner that is threatening or offensive;
v) voyeurism, meaning the surreptitious observation or recording of a person by mechanical or electronic means;
vi) distribution of sexual images, meaning the distribution of an image, photo, or video of a person of a sexual nature, without that person’s Consent; 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.
“Survivor” means any person who has experienced Sexual Violence, including individuals who self-identify as a victim or victim/survivor. Use of the term “Survivor” 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.
“Teaching Staff” 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. “Teaching Staff” in this Policy also means teaching assistants and coaches of University athletic teams.
“Trauma-Informed” 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.
“University Context” 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;
- the right of a Member of the University Community to use and enjoy the University’s learning or working environment.