SEXUAL MISCONDUCT POLICY

Dorset College is committed to providing a safe and respectful campus environment. Dorset College does not tolerate any form of sexual misconduct.

To prevent sexual misconduct and to respond effectively and in a timely manner when incidents do occur following the procedures outlined in this policy.

Dorset College students, staff, volunteers, instructors, contractors, and subcontractors will be guided by this policy for on/off campus events and online spaces.

Sexual Violence and Misconduct Policy Act; Criminal Code of Canada; BC Human Rights Code; Ending Violence Association of BC – Campus Sexual Violence Guidelines; Dorset College Code of Conduct; Dorset College Bullying, Harassment and Discrimination Policy.

  • Dorset College community members – employees, students, volunteers, contractors and other individuals who work, study or carry out services for Dorset College.
  • Employee – an individual employed and paid by Dorset College to provide services on its behalf.
  • Student – an individual who is registered in a course or program at Dorset College.
  • Sexual Misconduct – any sexual act or act targeting a person’s sexuality, gender identity or gender expression, whether the act is physical or psychological in nature, that is committed, threatened, or attempted against a person without the person’s consent, and includes sexual assault, sexual harassment, stalking, indecent exposure, voyeurism, sexual exploitation, and 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. Sexual Misconduct includes 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;
  • the threat to commit an act of sexual misconduct;

 

  • Sexual Harassment – a form of discrimination under the BC Human Rights Act. Dorset College defines sexual harassment as comments or conduct of a sexual nature by a person who ought to reasonably know that the conduct or comment is unwanted or unwelcome and which negatively affects the learning/working environment and or leads to adverse job or academic-related consequences for the victim. Sexual harassment can involve individuals or groups. It can occur during one incident; or over a series of incidents including single incidents, which, in isolation, would not necessarily constitute discrimination or harassment. It can be direct or indirect and can occur on Dorset campus or off campus, during school hours or after school hours. The reasonable person test will be used in defining the comment or behaviour as sexually harassing.
  • Consent – an agreement to engage in a sexual activity. It must be fully voluntary, clearly communicated, and ongoing. All sexual activities that are engaged in must be consented to: if there is consent given for a particular sexual activity, this consent does not automatically extend to other sexual activities. Consent can be withdrawn at any time, including during a sexual activity that had previously been consented to.
  • Reasonable person test –This is a standard used in assessing responsibility based on what a reasonable person would think in a similar situation. More specifically, with respect to discrimination and harassment, it refers to comments or behaviour that a reasonable person ought to have known would be unwelcome and unwanted. It also refers to actions and comments that a reasonable person, in a similar situation as that of the complainant, would deem as discriminatory or harassing. 

Dorset College encourages any community member who believes that he/she has been discriminated against to contact the Senior Educational Administrator. Dorset College is committed to providing all members of the Dorset College community with a safe and healthy learning and working environment. 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.

Dorset College understands the importance of confidentiality. The College will respect the rights of the accused and the complainant and will keep all proceedings private. Dorset College will, however, divulge information to the appropriate authorities when legally obliged to do so. If the complainant would like to bring forth witnesses, the complainant will be asked to sign a release form. 

1) Informal Process: Dorset College encourages anyone who feels that he/she is being harassed or discriminated against to talk to the alleged harasser and to tell the person that the behavior is inappropriate and that he/she wants the person to stop this behavior. If the complainant does not feel comfortable doing this, the complainant may seek advice from the Academic Director and discuss the situation with the Senior Educational Administrator without filing a formal report. The Senior Educational Administrator will counsel the complainant and suggest some informal options for resolving the situation. 

A complainant may choose to use the informal or formal process at any time. 

2) Formal Process: A formal process would occur under the following circumstances: 

  1. a) The complainant decides after the initial meeting to pursue a formal complaint
  2. b) The Senior Educational Administrator feels that the nature of the harassment deems a formal complaint

Step 1: The complainant will be asked to provide the Senior Educational Administrator with a written statement providing as many factual details as possible.  

Step 2: The Senior Educational Administrator will meet with the complainant, the accused and any witnesses. The accused will have an opportunity to provide his/her interpretation of the situation. All discussions will be documented. 

At any point during the formal process the Senior Educational Administrator and the parties involved may decide to resolve the situation informally. 

Step 3: The Senior Educational Administrator will make a decision and submit it in writing to the parties involved.  

Step 4: If the accused is found to have harassed or discriminated against the complainant, disciplinary action will be taken including but not limited to suspension or dismissal. The level of disciplinary action will be determined on the merits of each individual case.   

If the complainant or accused is not satisfied with the results of the internal investigation, he/she may request that a third party be involved.  

If the Senior Educational Administrator deems that the harassment or discrimination requires more severe sanctions, the Senior Educational Administrator will notify the appropriate authorities who will be asked to conduct their own investigation. 

If the Senior Educational Administrator is either the complainant or the accused, the Administrator would take the place of the Senior Educational Administrator in all of the aforementioned steps. 

This Policy will be reviewed at least once every three years or as directed by the

Minister of Advanced Education. Students and employees will be consulted as part of this review.