Preamble
Mount Saint Vincent University recognizes and accepts all of the statements and guidelines concerning sexual harassment contained in Appendix A following. A summary statement of our position, however, is as follows:
Sexual harassment is a discriminatory assertion of power that has no place within the university. It is unethical and unprofessional and a threat to the integrity of the individual and the institution. Such harassment may exist in one or a series of incidents, and all such matters will be dealt with because they erode the atmosphere of trust that is essential to any institution of higher education and also to a university that is primarily dedicated to the education of women.
The sexual harassment policy applies to all those who work and study at the university.
Definition
Mount Saint Vincent University has adopted the CAUT definition of sexual harassment:
Conduct of a sexual nature such as, but not limited to, sexual assault, verbal abuse or threats of a sexual nature, unwelcome sexual invitations or requests, demands for sexual favours, or unwelcome and repeated innuendos or taunting about a person's body, appearance or sexual orientation, constitutes sexual harassment when:
a. submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment, academic status or academic accreditation, or
b. submission to or rejection of such conduct by an individual is used as the basis for employment, or for academic performance, status or accreditation decisions affecting the individual, or
c. such conduct interferes with an individual's work or academic performance, or
d. such conduct creates an intimidating, hostile or offensive working or academic environment.
Mount Saint Vincent University is committed to the education of all members of its community in the definition of an response to sexual harassment.
Procedures
In order to deal effectively and responsibly with complaints, the university has established both an informal and a formal procedure for resolving complaints. Parties involved in a sexual harassment complaint are encouraged to seek an informal resolution to the complaint whenever possible.
1. Complaints
An employee or student who believes that he or she has a complaint of sexual harassment is encouraged to make a direct request of the harasser that the offensive behaviour or actions cease. If the request is unsuccessful, or if it is considered inappropriate, or uncomfortable to make such a request, the complainant may seek the confidential advice of the sexual harassment advisor or unit head. A unit head who receives a complaint of sexual harassment shall immediately inform the sexual harassment advisor of the complaint. The complainant may seek advice and assistance from the sexual harassment advisor or unit head with a view to resolving the situation informally.
2. Consultation
a. The sexual harassment advisor and unit head will assist all parties involved in allegations of sexual harassment, in determining the basis, if any, for a complaint of sexual harassment; in formulating the complaint and/or response; and by explaining the options available through University policy or collective agreements.
b. following the consultation process, the complainant has the following options:
- to following the informal procedures
- to proceed to a formal hearing
- to take no further action
3. Informal Procedures
If a complainant wishes to proceed to use the informal procedures, the following must occur:
a. The complainant must provide the advisor and unit head with a written complaint giving details of the alleged sexual harassment, as defined on page one, including dates, times, places, names of individuals involved in the incident(s), names of any witnesses and any other relevant information.
b. The complaint must be filed within six (6)months of the incident(s).
c. Within five working days from the date of receipt of the written complaint, the advisor shall inform the respondent of the allegation (s) and shall provide the respondent with a copy of the written complaint.
d. Within thirty (30) working days of the action described in (c), the sexual harassment advisor, in consultation with the unit head, shall investigate the complaint and interview the complainant and the respondent. The complainant or respondent may be accompanied during the interview by a union representative (in case of unionized staff) or by other counsel (in the case of non-unionized staff and students). The options for resolution shall be of a voluntary or informal nature and shall not include the power of formal administrative action such as discipline. If resolution is achieved as a result of this informal process, a written copy of the resolution shall be signed by the complainant and the respondent. A copy of the written complaint and the resolution shall be maintained by the advisor in a confidential file for a period of six years from the date of the signing of the resolution, and shall be destroyed thereafter.
Formal Procedures
The complainant or the respondent may proceed to the formal procedures if:
i. the respondent or the complainant does not agree to participate in the informal process, within ten working days of the rejection of the informal procedures, or
ii. the informal process does not resolve the dispute within ten working days of the completion of the information process.
If a complainant wishes to proceed to use the formal procedures, the following must occur:
a. The advisor shall forward a copy of the written complaint to the President and the appropriate Vice President, or, for divisions reporting directly to the President, to the Vice-President, Administration.
b. Within five (5) working days of the receipt of the written complaint by the Vice-President, the Vice-President shall inform the complainant and the respondent of the designated arbitrator chosen from the agreed-upon list. The list will be determined by the President's Advisory Committee on the Status of Women.
c. Unless exceptional circumstances dictate to the contrary, the arbitration shall be held within two months of the date of the identification of the arbitrator.
d. The arbitrator shall determine whether the complaint is justified.
e. There shall be an automatic right of appeal against the decision of an arbitrator, within a maximum 60 days of the notice of the arbitrator's decision. Notice of intention to appeal will be in writing and shall identify the procedural or substantive reasons for the appeal. The advisor will refer to the issue to the next arbitrator identified on the list. The results of the appeal shall be final.
f. It is recognized that the arbitration procedure is meant to provide an expeditious method of resolving complaints of sexual harassment. It is intended, therefore, to operate strictly within the time limits prescribed for taking the various steps in this procedure. However, it is recognized that it will not always be possible to do so; therefore, the parties may agree in writing to extend any time limits specified. Furthermore, the arbitrator shall have the power to adjust time limits, provided that the arbitrator is satisfied that there are reasonable grounds for granting an extension and provided that granting the extension does not create prejudice to either party.
g. Any formal disciplinary action shall be recorded and dispenses and/or acted upon, as per the existing procedures of the university.
h. The costs of the arbitration shall be the responsibility of the university.
Sexual Harassment Advisor
The University shall appoint a sexual harassment advisor, reporting to the President. The responsibilities of the sexual harassment advisor shall include:
1. promotion of awareness and understanding of an sensitivity to, the issues of sexual harassment among members of the University community;
2. provision of information, advice and assistance to staff members and students who have reported an incident and to administrators in order to resolve the problem;
3. investigation, in consultation with the head of the unit, of complaints of sexual harassment;
4. provision of advice to the appropriate administrative officer on action to resolve a complaint as required;
5. reporting on the education programs undertaken in this regard within the University;
6. recommendation of any changes in University procedures that may facilitate the University's ability to deal effectively with instances of sexual harassment;
7. preparation of an annual report on the number and disposition of complaints. The statistical portion of this report shall be made public.