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Sexual Misconduct Policy

Sexual Misconduct Policy

Policy Guidelines

1. Vancouver Lions Gate College Inc. is committed to the prevention of and appropriate response to sexual misconduct.

2. Sexual misconduct refers to a spectrum of non-consensual sexual contact and behaviour including the following:

  • sexual assault;
  • sexual exploitation;
  • sexual harassment;
  • stalking;
  • indecent exposure;
  • voyeurism;
  • the distribution of a sexually explicit photograph or video of a person to one or more persons other than the person in the photograph or video without the consent of the person in the photograph or video and with the intent to distress the person in the photograph or video;
  • the attempt to commit an act of sexual misconduct; and
  • the threat to commit an act of sexual misconduct.

3. A Complaint of sexual misconduct is different than a Report of sexual misconduct. A Complaint is when the victim/survivor discloses or chooses to tell someone at the institution of an incident of sexual misconduct in order to seek support, but may not want to make a formal report to police or the institution. A Report is a formal notification of an incident of sexual misconduct to someone at the institution accompanied by a request for action. A Report does not have to be made by the victim/survivor.

4. A student making a Complaint will be provided with resolution options and, if appropriate, accommodation, and will not be required or pressured to make a Report.

5. The process for making a Complaint about sexual misconduct involving a student is as follows:

6. The process for responding to a Complaint of sexual misconduct involving a student is as follows:

  • Vancouver Lions Gate College Inc. will acknowledge receipt of the Complaint within 3 business days.
  • The Senior Education Administrator will talk with both Complainant and Respondent, interview witnesses if any, secure written statements, and finally decide possible sanctions if the Respondent is found to have committed sexual misconduct, or if the complaint itself is found to be frivolous or vindictive.
  • All aspects of the complaint are confidential. Staff members receiving or handling the complaint cannot discuss it with persons not involved in the matter, post about it on social media or answer questions by the press.

7. Vancouver Lions Gate College respects privacy and ensures fairness and human rights for both Complainants and Respondents in alleged cases of sexual misconduct.

8. The process for making a Report of sexual misconduct involving a student is as follows:

  • a written report may be sent to the Senior Education Administrator (admin@lionsgatecollege.com)
  • If there is a threat to person or property, call 911 immediately.
  • The Director may ask to meet with the complainant to clarify information, to assess the situation to determine if additional actions should be taken or to make     appropriate referrals to other individuals or groups, e.g Health and Safety Committee.
  • Referrals will not be made without the complainant’s agreement and cooperation

9. The Complainant may choose to withdraw a report, although depending on the circumstances, Vancouver Lions Gate College may continue to act on the matter.

10. The process for responding to a Report of sexual misconduct involving a student is as follows:

  • Vancouver Lions Gate College Inc. will review the Report within 5 business days and confirm next steps in writing.
  • All aspects of the complaint are confidential. Staff members receiving or handling the complaint cannot discuss it with persons not involved in the matter, post about it on social media or answer questions by the press.
  • If the Respondent did engage in sexual misconduct, disciplinary action will be taken.

11. In all instances the institution will:

  • Ensure the safety of the victim/survivor.
  • As appropriate, provide emergency numbers for on and off campus security (if applicable), law enforcement, medical assistance, mental health services, and other services.
  • Respect the right of the individual to choose the services they consider most appropriate.

12. It is contrary to this policy for an institution to retaliate, engage in reprisals or threaten to retaliate in relation to a Complaint or a Report.

13. Any processes undertaken pursuant to this policy will be based on the principles of administrative fairness. All parties involved will be treated with dignity and respect.

14. All information related to a Complaint or Report is confidential and will not be shared without the written consent of the parties, subject to the following exceptions:

  • If an individual is at imminent risk of severe or life-threatening self-harm.
  • If an individual is at imminent risk of harming another.
  • There are reasonable grounds to believe that others in the institutional community may be at significant risk of harm based on the information provided.
  • Where reporting is required by law.
  • Where it is necessary to ensure procedural fairness in an investigation or other response to a Complaint or Report.

This institution is certified by the Private Training Institutions Branch (PTIB). Certified institutions must comply with regulatory requirements, including the requirement to have a Sexual Misconduct policy. For more information about PTIB, go to www.privatetraininginstitutions.gov.bc.ca.