Policy Name: Sexual Harassment

Introduction and Policy Statement

St. Thomas University states in its mission statement that:

We are a university primarily concerned with people, ideas and values. We are an institution with a social conscience. We are united in the belief that women and men of divergent backgrounds and abilities should have an opportunity to learn and practice critical thought and to realize their intellectual potential in an academic setting...

We seek to provide a learning and working atmosphere that is free of discrimination, injustice and violence, and that is responsive, understanding, open and fair.

As part of its mandate to provide such an environment, St. Thomas University
is committed to instituting policies aimed at the prevention and resolution of problems of sexual harassment. Through its sexual harassment policy, the University will provide for appropriate action through informal and formal remedies whenever complaints are identified, and will institute educational activities on the subject of sexual harassment for all members of the community.

The policy is based on the belief that sexual harassment is an issue of concern to the entire university community. The University encourages all members of the community to work together to educate people about the damage sexual harassment causes to the learning, working and living environment of the University as well as to the individuals most directly affected by sexual harassment.

The intention of the policy is two-fold: (A) to provide a means to resolve specific incidences of sexual harassment, and (B) to provide an educational tool for increasing awareness of and sensitivity to the negative impact of sexual harassment.

The policy includes procedures and guidelines for carrying out this double mandate.

Definitions of Sexual Harassment

Sexual harassment is an expression or behaviour of a sexual nature, including but not limited to sexual advances, requests for sexual favours, unwanted attention of a sexual nature, and other inappropriate verbal or physical conduct of a sexual nature. Sexual harassment may occur between males and females, or between members of the same sex. It may occur when there is a difference of status (faculty/student, supervisor/employee) or between persons of the same status (faculty/faculty, student/student). Sexual harassment occurs when:

(a) attention which is sexually oriented and is of a persistent or abusive nature is made by a person who knows or ought reasonably to know that such attention is unwanted;

(b) there is an implied or expressed promise of reward for complying with a sexual advance or a request for sexual favour, such as employment, academic status or accreditation;

(c) there is an implied or expressed threat of reprisal in the form of denial of academic status or accreditation or opportunity in employment for refusal to comply with a sexual advance or sexual favour or for making a complaint of sexual harassment; or

(d) persistent, degrading or abusive verbal or physical conduct of a sexual nature which interferes with an individual's or group's work or academic performance or creates an intimidating, hostile or offensive working, learning or living environment.

Definition of Terms

For the purposes of this policy, the terms used therein are defined as follows. Details of the terms of reference and selection of the Advisors, the Committee and the Hearings Panel may be obtained from the Sexual Harassment Advisors.

Sexual Harassment Advisor: one of two people chosen to provide information about sexual harassment to all members of the university community and to act in a counselling and advocacy role in any case of sexual harassment.

Sexual Harassment Education Committee: a committee composed of three members of the faculty, staff and student populations which organize activities and provide information about sexual harassment.

Sexual Harassment Hearing Committee: a standing three-person committee representing faculty, staff and student populations which hears formal complaints.

Complainant: a person or group who lodges an informal or formal complaint of sexual harassment.

Person named: the person or group against whom an informal complaint is directed.

Respondent: the person or group named in a formal complaint.

Resolution: the disposition arrived at through informal or formal procedures set out in this policy.

General Guidelines

All complaints or questions shall be directed to one of the Sexual Harassment Advisors, who will act in a counselling or advocacy capacity throughout the resolution process. This consultation will be without risk to the complainant, that is, any member of the Saint Thomas community should feel free to ask questions or discuss incidents of sexual harassment with one of the Advisors, whether or not he or she intends to take any sort of action or is involved in the situation.

In the case of a situation in which there is a perception of sexual harassment, the Advisor will make confidential notes on the situation. If a formal complaint is lodged, these notes will become the basis of the Advisor's Report. All complaints will be monitored
periodically for one year from the date of the complaint.

It is understood that the complainant is responsible for making decisions about which option(s) he or she wishes to use to resolve the case. The complainant shall be advised, however, that (a) a Sexual Harassment Advisor is to be consulted through this process, (b) that the complainant must follow the working principles of the policy, and (c) that some attempt at resolution through informal means should be considered before a formal procedure is undertaken, unless the Advisor has advised against such procedures.

It is the responsibility of all parties involved to ensure that the situation be dealt with quickly and fairly; with due consideration towards the complainant(s), the person named in the complaint, and others involved; with confidentiality being maintained and in accordance with the policy.

Everyone involved in a situation in which there is a perception that sexual harassment is taking place has an interest in arriving at an agreement that is mutually acceptable. For this reason, all parties involved should attend resolution sessions and hearings.

The Sexual Harassment Advisor(s) can be involved in an advising and counselling capacity during the entire resolution process, including the formal procedure stage, and will be present at the formal hearings.

Reports by the Advisor(s) or the Hearings Panel to the President will include recommendations on remedy and/or discipline. In addition, the following behaviours may be subject to disciplinary action by the President:

a) Non-compliance with the terms or working principles set out in this policy;
b) Retaliation or reprisal towards the complainant(s), the respondent or any other(s) involved in the case;
c) False and/or malicious complaints.

In the case of several complaints against the same person, or of complaints against a group, committee, organization, etc. the complaints may be treated as separate or as a group complaint. The same procedures will apply. For the purposes of this policy, "the complainant", "the respondent" and "the person named" may refer to individuals or groups.

Scope

This policy will cover all students enrolled and all staff, faculty and administration employed at St. Thomas when the incident takes place.

Formal complaints must be lodged within one (1) year of the occurrence.

Education

Education on the problem and the nature of sexual harassment and the university policy shall be the mandate of the Sexual Harassment Education Committee. The education mandate shall be a very broad one. Awareness activities and information sessions will be developed for all those who participate in the campus community, that is, students, faculty and staff.

Resolution Options

Several options are available for the resolution of complaints. In every case, anyone who suspects that he or she has been the victim of sexual harassment should speak to one of the Advisors. In all cases, advisors will inform complainants of other alternatives to the university's procedures, eg., the Human Rights Commission (pursuant to provincial Human Rights legislation) and criminal complaints to police under the Criminal Code of Canada.

Types of informal resolutions include consultation with the Advisor (which is normally the first step of any informal or formal resolution), verbal or written communication with the person named, a resolution facilitation session and the advocacy of an Advisor or the Education Committee. Formal procedures require a written complaint and include a hearing before the Standing Hearing Committee.

Disciplinary Action

Upon the conclusion of formal hearings it will be the responsibility of the President to impose whatever disciplinary sanctions are considered to be warranted in the circumstances (up to and including dismissal). In arriving at a decision on disciplinary sanctions, the President will be guided by the recommendations contained in the Report of the Hearing Committee.

Please inquire at the President's Office for the names of the current sexual harassment advisors.

The above represents the revised text of the University's sexual harassment policy as approved by the Board of Governors, January 11, 1994, and replaces the policy dated March 1989.

Sexual Harassment Website