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SEXUAL MISCONDUCT

  1. This policy is not intended to infringe upon the ability of instructors to academically discuss issues of harassment, sexism and sexuality. Gateway College is committed to providing a working and learning environment that is free from sexual harassment. For the purpose of this policy, members of the College community include students, staff, faculty, and administrators. Gateway College abides by the Human Rights Act of British Columbia and the Canadian Human Rights Act and considers sexual harassment to be one of the eight prohibited grounds for discrimination under the B.C. statute. Actions contravening this policy may constitute grounds for a disciplinary response. All members of the College community have a responsibility to ensure awareness of, and adherence to this policy. Sexual harassment is comment or conduct of a sexual nature, including sexual advances, requests for sexual favors, suggestive comments or gestures, or physical contact when any one of the following occurs:
    • the conduct is engaged in, or the comment is made by, a person who knows, or ought reasonably to know, that the conduct or comment is unwanted or unwelcome;
    • the conduct or comment has the effect of creating an intimidating, hostile or offensive environment, and may include the expression of sexist attitudes, language and behavior;
    • the conduct or comment exploits the fiduciary relationship between students and employees of the college;
    • the conduct or comment is accompanied by a reward, or the express or implied promise of a reward, for compliance;
    • the conduct or comment is accompanied by reprisal, or an express or implied threat of reprisal, for refusal to comply;
    • the conduct or comment is accompanied by the actual denial of opportunity, or the express or implied threat of the denial of opportunity, for failure to comply.
  2. Procedures for Allegations of Sexual Harassment Involving Employees of the College and/or Students of the College
    • Complaints
      • A member of the College community who believes that she/he has a complaint of sexual harassment is encouraged to make a direct request of the harasser that the offensive behavior 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 Manager.
    • Procedures
      • The Manager 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 College policy or collective agreements. With the written agreement of the complainant, the Manager may discuss the complaint with the alleged harasser (the respondent) in an effort to reach a mutually acceptable resolution without recourse to formal procedures.
      • Following consultation with the Manager, the complainant has the following options:
        • To proceed with informal resolution initiatives through the Manager
        • To proceed to mediation under this policy.
        • To proceed to formal administrative action under this policy.
        • Not to take further action under this policy.
      • If the complainant decides to take no further action, the Manager will not proceed and the matter will be closed.
    • MediationIf a complainant wishes to proceed to informal mediation, the following shall occur:
      • The complainant must provide the Manager with a written complaint giving details of the alleged sexual harassment as defined in Section 2.b of the Sexual Harassment Policy, including dates, times, places, names of individuals involved in the incident(s), names of any witnesses and any other relevant information.
      • Within five working days from the date of receipt of the written complaint, the Manager shall inform the respondent of the allegation(s) and shall provide the respondent with a copy of the written complaint.
      • Within ten working days of the action in 2.c.ii above, the Manager shall, if the respondent agrees, select a mediator from a list of potential mediators and shall receive agreement of the choice of mediator from both the complainant and the respondent. The mediator chosen must be unbiased and independent of both parties.
      • Within a period of thirty working days from the date of appointment of the mediator under 2.c.iii above, the mediation process shall be concluded. 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 mediation, a written copy of the resolution shall be signed by the complainant and the respondent. A copy of the written complaint, the mediators report and the resolution shall be maintained by the Manager in a confidential file for a period of six years from the date of mediation and shall be destroyed thereafter.
    • Formal Administrative Action
      • The complainant or the respondent may proceed to formal administrative action in the following circumstances, and within the time limits indicated, by notifying the Manager in writing:
        • If the respondent or the complainant does not agree to participate in informal mediation, within ten working days of the rejection of mediation;
        • If informal mediation does not resolve the dispute, within ten working days of completion of the mediation process.
      • If formal administrative action is invoked the following shall occur:
        • The Manager shall forward a copy of the written complaint to the Director of Operations.
        • Within five working days of the action in 2.d.ii.a) above, the Director of Operations shall inform both parties, in writing, of the receipt of the complaint, provide a copy of the written complaint if it has not already been made available pursuant to the informal mediation procedure, and invite a written response from the respondent within ten working days. The complainant shall be invited to deliver a written reply to the response within five working days after a copy of the response has been received by the complainant.
        • The Director of Operations shall review the complaint. This process shall involve interviews with the complainant and with the respondent and, if required, with any witnesses. This process shall be completed within 15 working days of receipt of the documents under 2.d.ii.b) above.
        • The complainant and the respondent may each be accompanied by a person of their choice when interviewed by the Director of Operations.
        • Within ten working days of the conclusion of the review under 2.d.ii,c) the Director of Operations will submit a report on the allegation to the Manager. Such report may include the Director of Operation’s conclusions as to whether sexual harassment has occurred. Copies of that report will be provided to the complainant and the respondent. Within ten working days of receipt of the report of the director, the Manager and the Director of Operations will make a decision, and shall advise the parties in writing.
        • In cases where the Director of Operations is accused of sexual harassment, the Manager will act as the appropriate Director as contemplated in 2.d.ii.a)
        • Reasonable efforts will be made to protect the complainant from any subsequent harassment, discrimination, or reprisal which might arise as a result of the complaint.