Gendered and Sexual Violence Policy

Sexual violence and gendered violence are both included in this policy.

Sexual Violence: means 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 and sexual exploitation.

Gendered Violence: any violence, physical or psychological, that is committed, threatened or attempted against an individual without the individual’s consent by targeting a marginalized gender, gender identity, or gender expression.

If you have had an experience, or are currently experiencing, physical, sexual, emotional, economic or mental harm based on gender inequalities or a sexual act or threat without your consent, this policy applies to you. The Sexual Violence Response staff can meet with you to offer support and advocacy in accessing, navigating and making decisions around the policy. Contact them at svinfo@wlu.ca.

A Disclosure occurs when you tell someone about your experience. This could be anyone -including but not limited to a family member, friend, colleague, healthcare provider, counselor or instructor. If you disclose, you may or may not want to take further action or seek formal support or accommodations. We understand that over time, however, your needs may change. A disclosure to the Sexual Violence Response team can create opportunities for supports, advocacy and accommodations.

A Formal Complaint initiates a formal process under this Policy. A Complaint may prompt an internal or external investigation and may result in a range of possible accommodations, actions or sanctions as noted in the procedure. The process for initiating a Complaint is set out in the policy. Survivors are encouraged to connect with the Office of Human Rights and Conflict Management (OHRCM) Staff for assistance prior to filing a Complaint.

If you choose to make a Formal Complaint, there are multiple pathways to consider.The Sexual Violence Response Staff at The Office of Human Rights and Conflict Management will work with you to determine how you would like to move forward with submitting a complaint. You can reach out to them at svinfo@wlu.ca. 

Once submitted, the person who the complaint is filed against (Respondent) will be met with, informed of the complaint and will receive a copy of the complaint.

There are two pathways that a Formal Complaint can take: Adaptable Resolution or an Investigation. It is the choice of the person who has brought forward the complaint (Complainant) what path they would like to choose.

An Adaptable Resolution is reached through facilitated discussion to find consensual, mutually agreeable solutions. Adaptable Resolution is a voluntary, resolution-based, structured process between or among affected parties that balances safety, support and, if appropriate, accountability without the imposition of formal disciplinary action against a Respondent.

An Investigation is led by the university or someone they hire to determine whether or not there was a policy violation.

Preceding either of these options, Supportive Measures are possible if there is a threat to a student’s safety or health. See more about Supportive Measures below.

A finding of policy violation may result in various sanctions, such as restrictions of services and behavioural contracts. In rare cases, sanctions include suspension or expulsion.

Supportive Measures are provisions, rules or accommodations put into place for a period of time to prioritize the safety, wellness and security of the Complainant(s), safeguard the environment, increase individual and community support, and protect the integrity of the process for all those who are involved or may be affected. 

We recognize that language matters and these terms might not feel great for individuals navigating this process. This document engages legal language and is not intended to be a representation of your experience or the language you choose for yourself.

A Complainant is a student member of the university community who has brought forward a Complaint. A survivor is an individual who identifies as having experienced gendered and sexual violence.

Not everyone chooses this word- the language you use to describe your experience of harm is your right to choose. However, within Laurier's policy, a Complainant is defined as the person bringing forward a complaint under the policy.

A Respondent is a member of the university community against whom allegations of gendered or sexual violence have been made.

This policy’s supports and accommodations apply 24/7, 365 days of the year, both on- and off-campus.

This procedure’s complaint process is for Laurier students. It does not pertain to staff or faculty. It also does not pertain to students at other institutions. If you are a Laurier alumni and would like to make a Formal Complaint, you are able to do so, provided that the Respondent is a current Laurier student.

If the person who harmed you is Laurier staff or faculty, this student-focused policy still applies to you in respect to supports, but the process to file a complaint falls under a different policy: Prevention of Harassment and Discrimination Policy (6.1) with the Office of Human Rights and Conflict Management (contact Senior Advisor, Human Rights and Conflict Management). If the person who harmed you is not affiliated with Laurier at all, you can still access support services, advocacy and accommodations offered through this policy both on- and off-campus.

There is no limit of time on reporting or filing a complaint. It is very common for survivors to not report right away or report at all due to a myriad of factors, including but not limited to victim-blaming, stigma, fear of retaliation and distrust with justice processes.

Please note, the sooner a complaint is filed, the easier it is to gather relevant information. That being said, your experience is valid and we are here for you, when and if you choose to file a complaint.

Laurier commits to promoting a culture of consent, which is active, direct, voluntary and conscious. This includes:

• Consent is active: the absence of “no” is not consent;
• Consent can be withdrawn at any time through words or behaviour;
• When engaging in physical contact or sexual activity it is the responsibility of all person(s) to attain consent;
• Consent to one sexual act does not constitute or imply consent to a different sexual act;
• Consent given at one time does not indicate or suggest that consent has been given at other times or will be given at a future time;
• Consent is required regardless of the parties’ relationship status or sexual history together;
• Consent can never be obtained through threats, trickery, coercion, pressure or other forms of control or intimidation; and,
• Consent may be compromised where individuals are in a position of power and/or authority.

Laurier is responsible for providing a learning, working and living environment that prioritizes safety. As such, the university will take appropriate actions to ensure that you feel as safe and supported on campus as possible. In order to achieve this, the university will work with you to identify supports to address your needs as they relate to safety planning, risk assessments, crisis planning, systems advocacy, and residence and academic accommodations. Also, you can include a support person of your choice in meetings about your case. The Sexual Violence Response staff can support you with risk assessment and in creating a personal safety plan.

This depends on who you disclose to. We cannot guarantee that any person receiving information will keep it confidential. It may be important to ask the person with whom you have shared information who they will be sharing the information with.

Laurier recognizes that your confidentiality is important; however, there are limits to confidentiality when disclosing information. Some of these include:

• If there is a risk of significant harm or if it is a case of Workplace Violence as defined by the Occupational Health and Safety Act, all Laurier staff have an obligation to report.
• Staff may tell others in the university if they believe it is necessary to assess risks or coordinate support.

The Office of Human Rights and Conflict Management (OHRCM) is the official space to receive gendered and sexual violence disclosures and to hold all formal complaints. As such, they are positioned to uphold confidentiality requests outside of professional obligations. A caseworker from this office will make the limits to confidentiality, when receiving a disclosure, explicitly clear at the beginning of an intake session. It is your right to know what information is being shared about your case. The Sexual Violence Response staff won't tell anyone outside of the University unless they're obligated to. This may be the case if it determined that there is a broader campus safety risk or if you are a danger to yourself or others. The OHRCM Staff records non-identifying data about disclosures or reports of incidents of Sexual Violence.

Your residence Don has been trained to be able to respond to your disclosure and refer you to appropriate resources on campus. They are required to document the disclosure and submit (without any details) into Advocate (their filing system).

The Residence management team has access to these files. The name of the individual who disclosed will be forwarded (without details) to the Manager, Sexual Violence Response– who will not reach out without consent unless there is significant risk, the police are involved or where more than one disclosure relates to the same respondent.

If the disclosure is recent, the Residence Don will also be required to let the Residence Life Area Coordinators know who may join the conversation.

After the disclosure, you will receive an email from the Residence Life management team letting you know about resources available. There is no obligation to engage with these resources should you not feel ready to or want to.

A Care Report may be submitted by a faculty member when students disclose information that faculty feel concerned about. A Care Report is an online form that students, faculty and staff can submit to help ensure students are getting the right support. This report goes to the Care Coordinator in the Student Affairs Office. If you are disclosing to a Professor that you feel comfortable with, talk to them about whether or not they would share your story with anyone else at the university, before the conversation occurs.

If you are disclosing to your Professor in order to access an academic accommodation, you can instead reach out to the Sexual Violence Response staff. They can provide support in accessing academic accommodations without faculty members needing to have any details, as a part of provincial legislation.

At Laurier, we offer several pathways that are non-punitive in nature, and do not require an investigation in order to assist students to address their needs related to safety, accountability, repair, and healing.

In disclosing to staff, you can choose to omit the name of the respondent if you want to ensure that no actions are taken. You are able to access support from Laurier in many ways that do not involve the person who caused you harm.

Typically, staff would not reach out to a respondent or initiate a process without your consent. As stated above, there are limits to confidentiality that include but is not limited to broader campus safety.

No. We will not share your disclosure of gendered and/or sexual violence with your parents without your written and explicit consent.

Both the complainant and the respondent can appeal the decision that comes out of an Investigation if a mistake was made during the official processes or if the imposed disciplinary sanction doesn't suit the offence or the harm that was caused.