/var/www/www_htdocs/Applications/PoliciesAndProcedures/html-policies/1FPiehbZ6zLc-51jpi9aVrAT6bqrhaYjN/index

Gender-Based Violence and Misconduct Prevention and Response Policy

–May 25, 2023 – Page 1 of 12

GENDER-BASED

VIOLENCE

AND

MISCONDUCT

PREVENTION

AND

RESPONSE

POLICY

Policy Type:

Management

Initially
Approved:

May 25, 2023

Policy Sponsor:

President

Last
Revised:

May 25, 2023

Primary Contact:

Vice-President,
Finance &
Administration
Vice-President,
Students

Review
Scheduled:

May 25, 2028

Approver:

Board of Governors

OVERVIEW

The University is committed to fostering a University Community where members share a
responsibility to maintain a safe, supportive, and inclusive working and living environment that is
free from Gender-Based Violence and Misconduct.

This  policy  and  associated  procedures  have  been  established  because  acts  of  Gender-Based
Violence and Misconduct cause harm to others and can have far reaching impacts on the health,
safety,  and  wellbeing  of  University  Community  members.  This  policy  outlines  the  University’s
expectation of members of the University Community in the education, prevention, and response
to Gender-Based Violence and Misconduct at the University.

PURPOSE

The University is committed to combating Gender-Based Violence and Misconduct in all forms in
our community.  Gender-Based Violence and Misconduct affects individuals differently based upon
the individual’s intersecting identities such as: sex, sexual orientation, gender identity/expression,
Indigenous  status,  race,  ethnic  background,  ability,  faith,  age,  socio-economic  status,  and  prior
experiences of trauma.  This can include intergenerational or personal experiences of trauma or
acts  of  discrimination  such  as:  ableism,  homophobia,  transphobia,  racism,  or  sexism.    Gender-
Based  Violence  and  Misconduct  is  rooted  in  systems  of  power,  control,  and  privilege  that
perpetuates harmful stereotypes, attitudes,  behaviours, and beliefs of sex, sexuality  and gender
identity/expression, also known as rape culture.

The purpose of this Policy is to:

● Provide reasonable and individualised support for members of the University Community

affected by Gender-Based Violence and Misconduct;

● Provide access to safe, timely, and confidential assistance to those who Disclose, Report, or

are affected by Gender-Based Violence and Misconduct;

● Investigate Gender-Based Violence and Misconduct complaints in a timely manner and strive

to adhere to the principles of Trauma-Informed practices and principles of procedural fairness.

● Provide coordinated training and education for members of the University Community to

support the awareness, prevention, and reduction of Gender-Based Violence and Misconduct.

Gender-Based Violence and Misconduct Prevention and Response Policy

–May 25, 2023 – Page 2 of 12

SCOPE

This  Policy  applies  to  all  members  of  the  University  Community.  Any  member  of  the  University
Community  who  Discloses  or  Reports  that  they  have  experienced  Gender-Based  Violence  and
Misconduct is able to access confidential assistance and support from Dating, Domestic and Sexual
Violence (DDSV) Services may request Accommodation Supports regardless of the time, place, or
parties involved in the incident of Gender-Based Violence and Misconduct.

For the purposes of Investigations of Reports and the assigning of consequences and discipline,
this policy applies when acts of Gender-Based Violence and Misconduct by a member of the
University Community, whether in-person, online, or virtual, are alleged to have occurred:

● on University premises; or

● at or during a University related event or activity such as but not limited to, classes, events,

field schools, practicum placements, research, exchanges, conferences, or Students’
Association of Mount Royal University (SAMRU) activities (such as club events); or

● occurs off campus whereby the behaviour has substantial connection to, or adverse impact on,

University operations or impacts the ability of a member of the University Community to
reasonably participate in University related programs, activities, or employment.

This  Policy  also  applies  to  Reports  made  by  members  of  the  University  Community  who
experienced  Gender-Based  Violence  and  Misconduct  by  a  person  who  is  not  a  member  of  the
University Community and occurred as per conditions above.  In such cases the University will seek
to limit the access to University property by the person Reported to have violated the Policy.

This Policy does not limit or discourage members of the University Community from exercising their
rights, including filing a complaint with other bodies or pursuing criminal or civil remedies.

POLICY STATEMENT

Gender-

Based Violence and Misconduct can adversely impact an individual’s ability to work, learn

and thrive within our community. Anyone who has experienced Gender-Based Violence and
Misconduct is entitled to access supports that are based on Trauma-Informed practices. DDSV
Services is the central service to provide education, training, and support that are rooted in best
practices in Gender-Based Violence and Misconduct prevention and response.

1.

RIGHTS AND RESPONSIBILITIES

Every member of the University is expected to engage in respectful and consensual
interactions with all community members and foster an environment that does not tolerate
Gender-Based Violence and Misconduct.

1.1

Members of the University Community have the rights and responsibilities to:

a. live, work and learn in an environment that is free from Gender-Based Violence

and Misconduct;

b. familiarise and uphold the core values of Consent and conduct themselves in a

manner that represents these values;

c. familiarise themselves with this Policy and participate in education and training

programs to raise awareness and understanding about Gender-Based Violence
and Misconduct prevention and response;

d. access the confidential support from DDSV Services;

e. Report or participate in a University process to address allegations of Gender-

Based Violence and Misconduct without retaliation of any kind;

Gender-Based Violence and Misconduct Prevention and Response Policy

–May 25, 2023 – Page 3 of 12

consult with a representative of the University, confidentially and free of
judgement, to access guidance and support regarding this Policy and associated
Procedures;

g. maintain the privacy and confidentiality of any individual who Discloses that they

have been affected by Gender-Based Violence and Misconduct and to provide
Accommodation Supports when appropriate.

1.2

People Who Have Experienced Gender-Based Violence and Misconduct have
the rights and responsibilities to:

be treated with dignity, compassion and respect;

a. be provided with information and access to on and off campus services and

choose what services or resources they wish to access.

b. access processes that maintain confidentiality and privacy as outlined within

section 12 of this Policy.

c. Receive timely and confidential support and information from the DDSV Services

such as:

information to make their own choice as to which services they wish to
access;

ii.

information about the options to make a Report that includes clear steps
and procedures associated with the University reporting options;

iii.

reasonable

and

appropriate

academic,

workplace,

other

Accommodation Supports based upon their specific circumstance;

iv.

timely assistance with safety planning.

d. choose to Disclose or Report their experience of Gender-Based Violence and

Misconduct and to be treated with dignity, compassion and respect;

e. make a Report and participate in a process that is informed by Trauma-Informed

practices that includes:

not being subject to discipline for actions that occurred at the time of the
misconduct that may violate other University policies such as, but not
limited to, intoxication or the use of illegal substances.

ii.

having a Support Person be present at all stages of the process;

iii.

the ability to withdraw the Report at any time;

iv.

having the process responded to in a timely manner;

not being required to participate in any face-to-face interactions with the
Respondent;

vi.

prohibiting and addressing retaliatory actions;

vii.

being informed of outcomes of the Report that maintains privacy
requirements.

1.3

People Who are Alleged to Have Caused Gender-Based Violence and
Misconduct have the rights and responsibilities to:

b. treatment with dignity, compassion and respect;

Gender-Based Violence and Misconduct Prevention and Response Policy

–May 25, 2023 – Page 4 of 12

c. seek support from trusted sources within and outside of the University such as;

Student Association Advocacy Resource and Support Coordinator, union
representatives, University Officials, Elders, or personal supports;

d. information about the allegations of misconduct, the process for assessing the

allegations and the outcome of the process must only be shared to the extent
required to ensure a fair process as articulated in the policy and procedure.

e. Not have retaliatory actions, whether direct or indirect, taken against them or the

person who experienced the alleged Gender-Based Violence and Misconduct;

provision of an Investigation and decision making process that complies with the
principles of procedural fairness including:

be informed of the nature of the allegation(s), the procedures that will be
followed, and be provided the ability to respond to the allegation(s);

ii.

a process free from bias, including an impartial and appropriately
qualified person to investigate the allegation;

iii.

a process that complies with all provisions as outlined within the relevant
policy or collective agreement;

iv.

have a Support Person of their choice present at any stage of the
process.

Gender-Based Violence and Misconduct Prohibited Behaviours

2.1

Gender-Based Violence and Misconduct are behaviours, whether by word or action,
that  are  attempted,  threatened,  or  committed  against  someone  based  on  their
gender expression, gender identity, or sexuality, without the person’s Consent.  This
includes, but is not limited to: Sexual Assault, Sexual Harassment, Sexual Violence,
Domestic Violence, Intimate Partner Violence, Dating Violence, Indecent Exposure,
Stalking,  Stealthing,  Voyeurism,  and  the  distribution  of  sexually  explicit
photograph(s) or video(s) without the subject’s Consent.

2.2

The University recognizes that promoting a culture of Consent is necessary to
prevent Gender-Based Violence and Misconduct.

2.3

Consent:

● is affirmative and active, not passive or silent;

● cannot be assumed or implied;

● can be removed at any time;

● previously provided Consent does not provide Consent for future actions;

● is the responsibility of the person seeking to engage in the activity to confirm

Consent from the other(s);

● cannot be given by someone who is incapacitated by alcohol, drugs, mental

capacity, or otherwise unable to give Consent;

● cannot be given by someone who is not the age to Consent as defined by

the Canadian Criminal Code;

● cannot be obtained through abuse, threats, intimidation, coercion, or other

pressure tactics or if the initiator abuses a position of trust, power, or
authority;

● is not diminished due to ignorance, anger, or impaired judgement of the

initiator who is responsible to ensure they have Consent for their actions.

Gender-Based Violence and Misconduct Prevention and Response Policy

–May 25, 2023 – Page 5 of 12

DATING, DOMESTIC AND SEXUAL VIOLENCE SERVICES

3.1

The University will maintain a dedicated centralised office (DDSV Services) that will
use  best  practices  in  the  provision  of  confidential  support  for  the  University
Community  as  well  as  the  development,  delivery,  and  assessment  of  education,
training,  and  awareness  activities  on  the  topic  of  Gender-Based  Violence  and
Misconduct. DDSV Services will:

a. provide safe, confidential, timely assistance and support for the University

Community  member  who  has  been  affected  by  Gender-Based  Violence  and
Misconduct  who  can  choose  how  much  or  how  little  information  they  wish  to
Disclose;

b. provide information about resources available including all University and

external community options for Reporting Gender-Based Violence and
Misconduct;

c. provide and coordinate individualised safety planning for people who have

experienced Gender-Based Violence and Misconduct;

receive  and  facilitate  a  person’s  reasonable  and  appropriate  Accommodation
Supports  (ex.  Academic  extensions,  no  contact  requirements,  alternative
attendance options, temporary reassignment, etc.);

e. work closely with on and off campus resources to ensure timely and appropriate

response and assistance to situations whereby members of the University
Community experience Gender-Based Violence and Misconduct;

provide timely assistance and confidential support for University Community
members who receive a Disclosure of Gender-Based Violence and Misconduct;

3.2

Work with the Gender-Based Violence and Misconduct Advisory Committee to
provide ongoing review and evaluation of the University’s Gender-Based Violence
and Misconduct prevention, education, and response strategies. This Committee
will have no role in advocating, supporting, or investigating any incidents of Gender-
Based Violence and Misconduct;

3.3

Any  staff  or  volunteers  of  DDSV  Services  will  not  be  responsible  for  conducting
investigations  or  determining  any  outcomes  associated  with  Reports  of  Gender-
Based Violence and Misconduct.

DISCLOSURES

4.1

Any  member  of  the  University  Community  who  has  experienced  Gender-Based
Violence and Misconduct may choose to Disclose their experience to DDSV Services
or  another  member  of  the  University  Community.  A  Disclosure  does  not  initiate  a
Report, investigation,  or other process.  All members of the University are strongly
encouraged  to  be  informed  about  how  to  appropriately  receive  and  respond  to  a
Disclosure  as  per  the  Gender-Based  Violence  and  Misconduct  Prevention  and
Response Procedures.

4.2

Any member of the University Community who receives a Disclosure of Gender-
Based Violence and Misconduct is encouraged to respond with compassion and
treat the individual with dignity.

4.3

Members of the University Community who receive a Disclosure are encouraged to
contact DDSV Services to anonymously discuss receiving a Disclosure, confirm that
all appropriate steps and resources have been provided, and receive personal
support if necessary.

Gender-Based Violence and Misconduct Prevention and Response Policy

–May 25, 2023 – Page 6 of 12

4.4

In some limited cases, the University may be required to take action based upon a
Disclosure without a Report (see section 12.3). In these instances, the University will
make all reasonable efforts to ensure that the individual(s) impacted are informed
and relevant Interim Measures, Accommodated Supports and safety plans are
implemented.

ACCOMMODATION SUPPORTS

5.1

Any member of the University Community who has experienced or been impacted
by Gender-Based Violence and Misconduct can access confidential assistance and
support from DDSV Services regardless of the time or place where the Gender-
Based Violence and Misconduct occurred.

5.2

All individuals who have experienced Gender-Based Violence and Misconduct are
eligible to receive reasonable and appropriate Accommodation Supports that are
best suited to their individual circumstances and are assessed and determined by
DDSV Services and/or an appropriate University Official.

5.3

Accommodation Supports are actions that help facilitate the emotional and physical
safety and wellbeing of a person who has been affected by Gender-Based Violence
and Misconduct

and assist the individual’s ability to continue their existing

relationship and role with the University.

5.4

Accommodation Supports may include but are not limited to:

● adjustment of academic deadlines or deliverables;

● deferral of exams or grades;

● temporary easement or modification of attendance at University related

activities;

● changing of on campus housing assignment;

● temporary adjustment to work or location of work;

● temporary assignment of parking locations.

REPORTING

6.1

Individuals who have experienced Gender-Based Violence and Misconduct by a
member of the University Community may submit a Report to the University to initiate
a complaint process in accordance with relevant University policies.

6.2

Individuals wishing to make a Report are encouraged to do so by contacting DDSV
Services who will provide information about the various external and internal
processes.

6.3

Options for external processes may include:

a. criminal proceedings with local law enforcement agency;

b. complaint with the Alberta Human Rights Commission;

c. other legal processes.

6.4

Options for internal processes are determined by the relationship the Respondent
has with the University and who will serve as the Policy Agent assigned to resolve
the complaint:

Gender-Based Violence and Misconduct Prevention and Response Policy

–May 25, 2023 – Page 7 of 12

a. Respondent is a Student: Reports submitted to Policy Agent of the Code of

Student Community Standards Policy: AVP Student Experience and Success

b. Respondent is an Employee, volunteer, appointee, or others acting on behalf of

the University: Reports submitted to the Policy Agent of the Workplace Violence
and Harassment Policy: Associate Vice President Human Resources

c. If the Respondent is not a member of the University Community: Reports are

submitted to the Policy Agent of the Trespass Policy: Manager Security Services

6.5

Policy Agents with responsibility to receive and/or resolve Reports will be trained in
Trauma Informed Practices.

6.6

The University will accept Anonymous and Third Party Reports in order to provide a
mechanism for members of the University Community to make a Report of Gender-
Based  Violence  and  Misconduct  while  maintaining  anonymity.  In  most  cases  of
Anonymous or Third Party Reports, the University will be limited in its ability to fully
apply the Policy due to requirements of procedural fairness.  Anonymous and Third
Party  Reports  will  be  managed  by  DDSV  Services  and  used  to  help  better
understand how Gender-Based Violence and Misconduct is impacting the University.

ALTERNATIVE RESOLUTIONS

7.1

The  University  will  provide  an  option  for  Alternative  Resolutions  as  a  voluntary
process  sought  by  the  individual  who  experienced  Gender-Based  Violence  and
Misconduct  as  an  informal  way  to  resolve  the  incident  with  a  focus  on  what  the
individual who has been harmed may require for their own health and wellbeing.

7.2

Some examples of alternative resolutions include, but are not limited to an
agreement to:

● no contact between the parties;

● a discussion with the Respondent informing them of the impact of the

incident;

● an apology from the Respondent;

● an agreement for the Respondent to participate in learning activities about

relevant topics associated with the incident.

7.3

If an Alternative Resolution process is sought, DDSV Services will be consulted in
the assessment and development of the resolutions.

7.4

Alternative Resolutions are voluntary and must be agreed to by the Policy Agent, the
Complainant, and the Respondent.

7.5

Alternative Resolutions are considered informal and do not inform or enact any
formal University process.

MULTIPLE PROCEEDINGS

8.1

Individuals  may  have  multiple  relationships  with  the  University,  such  as  being  a
student and employee, volunteer, athlete, resident, or researcher, and therefore the
Report may involve actions that intersect more than one University policy.  When a
Report  involves  circumstances  that  involve  multiple  University  policies,  those
University Officials  responsible for the respective policies or regulations  will jointly
determine  the  application  of  applicable  policies,  the  appropriate  process  to  be
applied and in what order.

Gender-Based Violence and Misconduct Prevention and Response Policy

–May 25, 2023 – Page 8 of 12

INTERIM MEASURES

9.1

Any Report that is deemed to include any immediate, ongoing, or possible risks to
others or the University will be reviewed by the Policy Agent who must consult with
the  Chief  Safety  and  Risk  Officer  to  determine  the  application  of  any  Interim
Measures.  The Complainant will be consulted regarding the impact of any Interim
Measures prior to implementation.

9.2

Interim Measures are temporary actions taken to protect the safety and/or wellbeing
of  the  University  Community,  including  the  Complainant  and  Respondent.  Such
measures  are  preliminary  in  nature,  non-disciplinary,  and  do  not  imply  the
individual(s) has violated a policy.

9.3

Any Interim Measure applied will be reviewed as needed but not to exceed 30 days
and renewed if necessary, pending the decision from the investigation. A person
who has been assigned Interim Measures may request to have them reviewed.

9.4

Interim Measures may include, but are not limited to:

● a requirement not to contact a specific person(s);

● limit access to spaces, programs, software, or services;

● a requirement to communicate with a University Official;

● temporary removal from University properties or activities.

9.5

Failure to comply with an Interim Measure constitutes a violation of University policy.

10.

INVESTIGATION

10.1

Any  Report  of  Gender-Based  Violence  and  Misconduct  that  is  submitted  to  the
University under this Policy will be investigated using Trauma-Informed practices in
accordance  with  the  associated  process  as  outlined  within  section  6.4.    This  will
include  a  commitment  that  all  Policy  Agents  and  Investigators  will  utilise  Trauma-
Informed Practices.

10.2

The  investigation  process  will  normally  be  completed  within  60  business  days,
however  the  Policy  Agent  may  extend  this  timeline  if  necessary.  If  timelines  are
extended, the Complainant and Respondent will be informed in writing.

10.3

The  determination  of  who  will  be  assigned  to  conduct  the  investigation  will  be  in
accordance  with  the  policy  by  which  the  investigation  is  being  completed  as  per
section 6.4.

10.4

The investigation process includes but is not limited to the interviewing of individuals
with relevant knowledge, the gathering and reviewing of materials and documents,
and consulting appropriate policies or procedures. All people engaged in the
investigation process may have a Support Person present at all times.

10.5

At no time will the Complainant and Respondent be required to have contact with
each other or be present at the same time for any part of the investigation process.

10.6

The Investigator will use the standard of a balance of probabilities, whether it was
more likely or not to have taken place, to determine whether or not the allegations
associated within the Report were substantiated.  A summary of the findings will be
made  available  to  both  the  Respondent  and  the  Complainant  who  may  pose
questions to the Investigator about the findings prior to a final decision being made.

Gender-Based Violence and Misconduct Prevention and Response Policy

–May 25, 2023 – Page 9 of 12

11.

DECISION MAKING AND OUTCOMES

11.1

Once the investigation is complete, the Policy Agent is provided with the results of
the investigation and determines whether or not  a violation of this Policy occurred
and assigns any outcomes in accordance  with the  policy to which the Report  was
submitted.  The  Policy  Agent  will  communicate  all  decisions  in  writing  to  the
Respondent and provide the Complainant with an overview of the outcomes without
breaching any privacy regulations.

12.

CONFIDENTIALITY

12.1

The privacy and confidentiality of those involved in a Disclosure or Report of Gender-
Based Violence and Misconduct will be maintained. The general practice of the
University is to only share information with University Officials who require the
information to carry out their duties associated with this policy such as to investigate
Reports, implement Accommodation Supports, or determine Interim Measures.

12.2

The University will make every reasonable effort to balance confidentiality with its
legal responsibility to provide a work and study environment free from Gender-Based
Violence and Misconduct.

12.3

There may be  exceptional circumstances where the University may be required to
share  information  within  or  outside  of  the  University  in  order  to  address  safety
concerns or to satisfy legal reporting requirements.  These additional circumstances
may include:

● an individual who is at risk of self-harm;

● a risk to the safety of the university and/or broader community;

● a Disclosure which is required by law; for instance, suspected abuse of a

minor; or, compliance with the Occupational Health and Safety Act;

● evidence of the disclosed incident made available in the public realm (e.g.,

video shared publicly on social media).

12.4

In  exceptional  cases  where  privacy  and  confidentiality  cannot  be  maintained,  the
person who experienced Gender-Based Violence and Misconduct will be informed
and supported before information is shared.  This will include what information must
be shared, for what reason, and who will receive the information.

13.

RECORDS AND REPORTING

13.1

All documents and records collected as a result of these policies and procedures will
be maintained in compliance with the

University’s Records and Information

Management Program Policy and the Alberta Freedom of Information and Protection
of Privacy Act.

13.2

DDSV Services will maintain appropriate records of actions taken under this Policy
and will prepare an annual statistical report. The annual report shall be anonymised
and ensure no identifying information is included.

Gender-Based Violence and Misconduct Prevention and Response Policy

–May 25, 2023 – Page 10 of 12

DEFINITIONS

(1)

Accommodation
Supports:

are actions that help facilitate the emotional and physical safety and
wellbeing  of  a  person  who  has  been  affected  by  Gender-Based
Violence  and  Misconduct  and  assist  the  individual’s  ability  to
continue their existing relationship and role with the University.

(2)

Alternative
Resolutions

Means a voluntary process sought by the individual who experienced
Gender-Based Violence and Misconduct and agreed to by the
Respondent as a way to appropriately resolve the incident

(3)

Anonymous Report

means the option for an individual who experienced Gender-Based
Violence and Misconduct to submit a Report without being required
to identify themselves. Anonymous reporting can be provided directly
to DDSV Services either in person or using the online reporting form;

(4)

Complainant:

means the person or harmed party, who brings forward information
that a violation of a policy may have occurred.

(5)

Consent:

is an ongoing, conscious and active agreement, through words or
gesture, to sexual activity.

(6)

Disclosure:

a verbal or written account by a person about their experience of
Gender-Based Violence and Misconduct.

(7)

Employee:

means individuals who are engaged to work for the University under
an employment contract, including but not limited to faculty, staff,
exempt, casual and management employees.

(8)

Gender-Based
Violence and
Misconduct

is an umbrella term that encompasses a broad range of behaviours,
whether by word or action, that use and abuse the control over
another person and is perpetrated against someone based on their
gender expression, gender identity, or perceived gender. Such
behaviours may or may not involve physical contact and threats,
attempts, or actions against a person without the person’s Consent
including, but not limited to: Sexual Assault, Sexual Harassment,
Stalking, Indecent Exposure, Voyeurism, Stealthing, sexual
exploitation, and the distribution of sexually explicit material of
another person without their Consent.

(9)

Indecent Exposure:

is the deliberate exposure in public or in view of the general public by
a person of a portion or portions of their body in circumstances where
the exposure is contrary to standards of appropriate behaviour.

(10) Interim Measures:

are non-disciplinary conditions or restrictions on those involved in a
Report at the University to protect the safety and/or wellbeing of the
University Community, including the Complainant and Respondent.

(11) Intimate

Partner/Relationship
Violence:

(also called domestic violence (DV), domestic abuse or relationship
abuse): is a pattern of deliberate behaviours used by one partner to
gain and maintain power and control over another partner within the
context of an intimate relationship. It also occurs when someone tries
to establish power and control over someone once the relationship
has ended. Domestic violence can be emotional, physical, sexual,
spiritual, and financial

(12) Investigator:

means the individual, either internal or external to the University,
responsible for collection, review, and substantiation of the
allegations included within the Report.

Gender-Based Violence and Misconduct Prevention and Response Policy

–May 25, 2023 – Page 11 of 12

(13) Policy:

means the Gender-Based Violence and Misconduct Prevention and
Response Policy

(14) Policy Agent:

means the University Official authorised to receive and address
Reports as per a University policy.

(15) Report:

a submission, either verbal or written, to the University that provides
details of an incident(s) of Gender-Based Violence and Misconduct
in order to seek recourse pursuant to the violation of this Policy.

(16) Respondent:

means the individual alleged to have caused harm and violated this
Policy.

(17) Sexual Assault:

means any form of unwanted sexual contact done by one person or
people to another  person  or people  without consent. It can include
forced  or  unwanted  kissing,  groping,  touching,  attempted  or
unwanted penetration, or oral sex. It can occur regardless of gender
identity or relationship status.

(18) Sexual Harassment:

means unwanted or uninvited sexual advances, remarks, gestures,
sounds  and  actions  that  make  a  person  feel  unsafe,  intimidated,
degraded or uncomfortable, or their sexual integrity is compromised,
even if the person harassing claims to have been only joking or didn’t
mean to offend. It  includes bullying or coercion of a sexual nature,
unwanted sexual attention or requests for sexual favours. It can also
include threatening and/or unwanted phone calls, text messages, e-
mails, letters and unwanted gifts.

(19) Stalking:

means the unwanted and persistent behaviour, pursuing contact,
monitoring and/or harassing of an individual in person, in writing, by
phone, online, or by other means (i.e.,. through a third party) that
seriously alarms or causes fear of safety, annoys, or intimidates that
person. Includes being followed or spied on.

(20) Stealthing:

Means knowingly or non-consensual act of removing or tampering
with a condom or other barrier method when a person has Consented
to sexual act(s) with the use of a condom or other barrier method.

(21) Student:

means someone who has applied to a full-time, part-time, credit or
non-credit program or course offered through the University.

(22) Support Person:

an individual, unrelated to the Report/incident, who can attend
meetings with a Respondent or Complainant throughout the course
of an investigation or appeal to provide personal support but may
not speak on their behalf.

(23) Third Party Report

means the option for any individual to submit a Report on behalf of
another individual who has experienced Gender-Based Violence and
Misconduct. The Report may or may not identify the person who
experienced Gender-Based Violence and Misconduct.

(24) Trauma-Informed:

means an approach for engaging with individuals that involves
understanding and recognizing the presence of trauma symptoms
and the impact of trauma on the individual.

(25) University:

means Mount Royal University

(26) University

Community:

includes Students, Employees, the Board of Governors,
Contractors, Volunteers and Visitors to the University

Gender-Based Violence and Misconduct Prevention and Response Policy

–May 25, 2023 – Page 12 of 12

(27) University Official

A person acting in the capacity as outlined by their employment at
the University

(28) Voyeurism

Means the non-consensual observation and/or recording of others
as they undress or engage in sexual activities

RELATED POLICIES

●  Code of Conduct – Employees Policy
●  Human Rights Policy
●  Offensive/Discriminatory Materials policy
●  Protected Disclosure (“Whistleblower”) policy
●  The Code of Student Community Standards
●  Trespass Policy
●  Workplace Violence and Harassment Prevention Policy
●  University’s Records and Information Management Program Policy

RELATED LEGISLATION

●  Alberta Freedom of Information and Protection of Privacy Act
●  Alberta Human Rights Act
●  Alberta Occupational Health and Safety Act
●  Alberta Post Secondary Learning Act
●  Canadian Charter of Rights and Freedoms

RELATED DOCUMENTS

● Code of Student Community Standards Procedures
● Procedure for Reporting Workplace Violence and Harassment

REVISION HISTORY

Date
(mm/dd/yyyy)

Description of
Change

Sections

Person who
Entered Revision
(Position Title)

Person who
Authorised
Revision
(Position Title)