Sexual Violence Policy

Providence University College and Providence Theological Seminary (“Providence”) is committed to fostering a caring and safe learning and working environment that is free from sexual violence; one where students, staff and faculty and all others (the “Providence Community”) are treated with equity, respect, and dignity.

Providence considers that sexual violence, in any form it may take, is an infringement of a person’s dignity and physical and psychological integrity. Providence also believes that the key to fostering a sexual violence-free environment lies in the shared responsibility of all members of the community. Through this Sexual Violence Policy (the “Policy”), every person who is part of the community, regardless of their role, is called upon to play a part in creating and promoting an environment that is free from sexual violence. This Policy is to be interpreted in a manner that is consistent with Bill 15, The Sexual Violence Awareness and Prevention Act (ADVANCED EDUCATION ADMINISTRATION ACT AND PRIVATE VOCATIONAL INSTITUTIONS ACT AMENDED).

Sexual violence is a serious issue that can affect anyone and have long-lasting impacts on our community. Individuals from marginalized groups are particularly vulnerable to becoming victims of sexual assault, including women, Indigenous people, trans people, immigrants, and people with disabilities. Providence recognizes that a person’s identifiers including (but not limited to) their age, sex, gender identity, sexual orientation, race, ethnicity, religion, and faith, could also make them more susceptible to experiencing sexual violence and discrimination. Providence understands that the intersectionality of multiple forms of discrimination a Survivor experiences could affect how they choose to report an incident of sexual violence, access services, or seek justice. This Policy considers that every Survivor of sexual assault has their own story, circumstances, and personal needs. Providence is committed to using a Survivorcentered, trauma-informed approach by treating all Survivors with dignity while respecting their rights and wishes, unless there is an imminent danger to the community.

Acts of sexual violence are prohibited and constitute offences that may be grounds for sanctions. Providence will address incidents of sexual violence with prompt action and will sanction such conduct by measures deemed proportional and appropriate in the circumstances, up to and including expulsion (for a student), dismissal (for an employee), and termination of contract (for a contractor).

The Policy outlines Providence’s measures for responding to incidents of sexual violence involving members of the Providence Community, supports provided for those impacted by sexual violence, and specifies different routes for informal or formal actions. Nothing in this Policy is intended to discourage or prevent a person from seeking assistance or pursuing a complaint with external authorities such as the police, the court, or the Human Rights Commission.

Providence University College and Theological Seminary (hereafter Providence) endeavours always to provide an environment that exemplifies the gospel of grace by upholding the dignity of, showing respect to, and serving all people regardless of age, race, gender, sexual orientation, religion, or culture, as agreed to by every member of the Providence Community in our Covenant of Community Life. Providence does not condone behaviour that undermines the dignity, self-esteem, or productivity of any community member. All members of the Providence Community have a responsibility to ensure that the human rights of members of this community are not violated and that the Covenant of Community Life is upheld. All members of the Providence Community should always be free from sexual violence and the threat of sexual violence.

Human beings are created in the image of God. They are called to glorify God, to live in communion with God and one another, and to be stewards of God’s creation. All people fail to live up to this calling. They are sinners by nature and by choice. This sin has touched all human interactions, including those related to human sexuality.

Providence is a community that desires every person to be free from sexual violence. Recognizing the sin that has touched all human interaction and that sexual violence is far too prevalent on all post-secondary campuses, we recognize the need for the following Policy and Procedures. Providence recognizes our responsibilities (as citizens of this province, and as educators, employers and providers of living accommodations) under the Covenant of Community Life, the Criminal Code of Canada, as well as the Sexual Violence Awareness and Prevention Act of the Province of Manitoba. As followers of Jesus Christ, we have the greater responsibility to do justice, love mercy, and walk humbly. We desire to seek redemption even where relationships among us have been thwarted and made painful by ignorance, misunderstanding, or willful wrongdoing. We recognize that it is not always possible or prudent to seek reconciliation in relationships involving sexual violence. This is the express motive of the Policy and Procedures that follow.

The purpose of this Policy is to:

1. Establish appropriate guidelines to foster a caring, safe learning and working environment that is free from all forms of sexual violence;
2. Set out the principles that guide the interpretation and application of this policy and its associated procedures;
3. Articulate the commitment to those affected by sexual violence;
4. Set out the responsibilities of the institution, senior leaders and the Providence Community with respect to sexual violence;
5. Provide clear information on privacy, disclosure and confidentiality;
6. Raise awareness about sexual violence and inform members of the Providence Community about their rights, responsibilities and resources;
7. Provide assistance mechanisms to ensure that Survivors of sexual violence receive appropriate support and;
8. Establish a process to determine whether sexual violence has occurred and to impose sanctions where appropriate.

Guiding Principles

Sexual violence is unacceptable and represents unchristian behaviour that will not be tolerated in the Providence Community. We are committed to challenging and preventing sexual violence and creating a safe space to respond to anyone in our Providence Community who has experienced sexual violence. Providence is expected to be a safe and positive space where members of the Providence Community are able to live, work, learn, and express themselves in an environment free from sexual violence. We recognize that sexual violence can occur between individuals regardless of sexual orientation, gender, gender identity, or relationship status. We also recognize that individuals who have experienced sexual violence may experience emotional, academic, or other difficulties.

From these guiding principles, we are committed to:

1. Supporting and respecting all Survivors of sexual violence:
   1. Ensuring that individuals who disclose that they have been the Survivor of sexual violence are listened to without judgement, that they are supported, and that their right to confidentiality, dignity, and respect is protected throughout any process of disclosure, reporting, investigation, and institutional response which they choose to pursue;
   2. Treating individuals who disclose sexual violence with compassion, and respecting the Survivor’s right to choose the services and/or actions they feel are most appropriate and their right to decide whether to report internally and/or externally or not to report at all;
   3. Assisting individuals who have experienced sexual violence by providing detailed information and support, such as provision of and/or referral to counselling and medical care, information about legal options, and appropriate academic and other accommodation, whether or not they have formally reported the incident;
   4. Ensuring that internal investigation procedures are available in the case of sexual violence, even when the individual chooses not to make a report to the police;
   5. Engaging in appropriate procedures for investigation and adjudication of a complaint which are in accordance with Providence policies and standards, and that ensures fairness and due process;
2. Striving to create a campus that is free from sexual violence:
   1. Addressing harmful attitudes and behaviours (e.g. myths of sexual violence) and communicating that sexual violence is never the responsibility of the Survivor;
   2. Ensuring that all people involved in supporting, advocating, investigating, and adjudicating in situations of sexual violence are trained in trauma-informed care for Survivors as well as the Providence sexual violence Policy and Procedures, and ensuring that those people are available to members of the Providence Community who may have experienced sexual violence or may have had an incident of sexual violence disclosed to them;
   3. Contributing to the creation of a campus atmosphere in which sexual violence is not tolerated by actively engaging in the prevention of sexual violence in all possible ways, including the education of the Providence Community;
3. Ensuring that all members of the Providence Community can respond to sexual violence appropriately:
   1. Providing information to the Providence Community about the Sexual Violence Policy and Procedures;
   2. Providing appropriate education and training to the Providence Community for responding to disclosures of sexual violence; and
   3. Regularly monitoring and updating our Policy and Procedures to ensure that they remain effective and align with other existing policies and best practices.
4. Striving to create a campus that is free from sexual violence:
   1. Addressing harmful attitudes and behaviours (e.g. myths of sexual violence) and communicating that sexual violence is never the responsibility of the Survivor;
   2. Ensuring that all people involved in supporting, advocating, investigating, and adjudicating in situations of sexual violence are trained in trauma-informed care for Survivors as well as the Providence Sexual Violence Policy and Procedures, and ensuring that those people are available to members of the Providence Community who may have experienced sexual violence or may have had an incident of sexual violence disclosed to them;
   3. Contributing to the creation of a campus atmosphere in which sexual violence is not tolerated by actively engaging in the prevention of sexual violence in all possible ways, including the education of the Providence Community;
5. Ensuring that all members of the Providence Community can respond to sexual violence appropriately:
   1. Providing information to the Providence Community about the Sexual Violence Policy and Procedures;
   2. Providing appropriate education and training to the Providence Community for responding to disclosures of sexual violence; and,
   3. Regularly monitoring and updating our Policy and Procedures to ensure that they remain effective and in line with other existing policies and best practices.

1. This Policy applies to all members of the Providence Community, including:
   1. Individuals registered as students at any of Providence’s schools (Providence University College, including Prov Downtown, or Providence Theological Seminary), whether full-time or part-time (including special students), at the non-credit, certificate, undergraduate, or graduate level;
   2. All employees, including all academic and support staff, as well as those whose salary is paid through sources other than Providence funds, such as grants, research grants, or external contracts;
   3. Persons with an academic appointment including, but not limited to, adjunct, visiting and emeritus professors;
   4. Members of the Board of Governors, of the Senate and any of their respective committees, as well as members of any advisory committee formed to help Providence achieve its goals;
   5. Independent and dependent contractors, consultants, suppliers of services, vendors, volunteers, alumni, and any individuals who are acting in a capacity defined by their relationship to Providence; and
   6. Visitors to Providence whether they are in the school’s learning, living, or work environment, on or off campus, or interacting through social or electronic media.
2. This Policy covers any conduct relating to Providence University College or Theological Seminary, which is defined as:
   1. At any Providence campus, on its grounds, or in its buildings;
   2. Using Providence equipment or systems, such as Providence email, telephone, or fax systems); or
   3. On Providence business or programs (including work and study assignments off campus, athletic, or other Providence group events, work-related or study-related social functions, travel, conferences, and training).
3. All members of the Providence Community and all persons present on campus, for whatever reason, are responsible for contributing, through their conduct, to creating an environment free of sexual violence.
4. Incidents of sexual violence and cyber sexual violence are governed by this Policy where they occur in a University College context, meaning on campus or on work or study sites under Providence’s control, or during a Providence-sponsored activity. Conduct that occurs outside of the Providence premises may be governed by this Policy, where that conduct has a real and substantive link to Providence and affects a member of the Providence Community and impacts on the learning, working or living environment.

It is contrary to this Policy for anyone to retaliate, engage in reprisals, or threaten to retaliate against a Complainant or other individual for:

1. Having pursued rights under this Policy, the Criminal Code of Canada or the Manitoba Human Rights Code;
2. Having participated or co-operated in an investigation under this Policy, the Criminal Code of Canada or the Manitoba Human Rights Code; or
3. Having been associated with someone who has pursued rights under this Policy, the Criminal Code of Canada or the Manitoba Human Rights Code.

Anyone engaged in such conduct may be subject to disciplinary action.

This Policy and the formal complaint process do not prevent and are not intended to discourage an individual from also reporting sexual violence to the police and pursuing a complaint of sexual violence through the criminal justice system or from pursuing a complaint of Sexual Harassment with the Manitoba Human Rights Commission, or any other legal avenue. Survivors may report sexual violence through one or both of these avenues as they are applicable and as they feel comfortable, and we will endeavour to support any community member in the reporting process and through any subsequent process, in addition to co-operating with any external investigations. Providence retains the right to suspend its own internal investigation processes while external investigations are ongoing.

If a Complaint is determined to be well-founded, Providence shall:

1. 1. In the case of a Respondent who is an employee, forward the file to the Human Resources Department, who may take such remedial or preventive measures as may be necessary, depending on the circumstances and to the extent possible, to resolve or address the Complaint. The President, or the Director of Human Resources shall have authority to take disciplinary action as required against the Respondent in accordance with Providence’s policies, regulations and collective agreements, and may consult with the appropriate administrative offices (e.g. Academic, Student Life, etc.) before deciding to impose a disciplinary measure or take any other form of remedial action.
      • OR
   2. In the case of a Respondent who is a student, forward the file to the Vice President of Student Life, who may take such remedial or preventive measures as may be necessary, depending on the circumstances and to the extent possible, to resolve or address the Complaint. The President, or the Vice President Student Life shall have authority to take disciplinary action as required against the Respondent in accordance with Providence’s policies, regulations and collective agreements, and may consult with the appropriate administrative offices (e.g. Academic, Human Resources, Student Life, etc.) before deciding to impose a disciplinary measure or take any other form of remedial action.

The objective of the disciplinary action or sanction is to deter and prevent the continuation or repetition of the conduct, and may include a range of measures, such as, but not limited to, one or more of the following:

• • A directive to the Respondent to cease the behaviour, where a failure to comply may lead to further penalty;
  • A program of education or counselling to be undertaken by the Respondent;
  • A directive to the Respondent to make a written apology to the Complainant, if agreed to by the Complainant;
  • Suspension;
  • Termination of employment;
  • Dismissal or expulsion.

Any violation of the “Policy” can lead to administrative or disciplinary measures including termination of employment or expulsion of students.

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” (as defined in The sexual violence Awareness and Prevention Act section 2.2(1), Bill 15, 1st Session, 41st Legislature of the Province of Manitoba). In the case of this policy, sexual violence includes sexual assault, sexual harassment, cyber harassment, indecent exposure, sexual exploitation, stalking, and voyeurism. All terms are defined below.

Sexual Assault: Sexual assault is defined as an assault of a sexual nature that violates the sexual integrity of the victim. It is a criminal offense under section 271 of Canada’s Criminal Code. It is defined as sexual activity or touching by any object or body part of another person without consent or by force. Sexual assault is characterized by a broad range of behaviours that involve the use of force, threats, or control towards a person, which makes that person feel uncomfortable, distressed, frightened, or that is carried out in circumstances in which the person has not fully agreed, consented to, or is capable of consenting to.

Sexual Harassment: Sexual harassment is a form of discrimination that includes unwelcome comments or unwelcome conduct involving sexual advances or other comments or conduct of a sexual nature when such conduct might reasonably be known to be unwelcome or to cause insecurity, discomfort, offense, or humiliation to another person or group, and/or which detrimentally affects the learning environment or otherwise leads to adverse consequences for the person who is the target of the harassment. This includes harassment on the basis of sex, gender identity, gender expression, or sexual orientation that has the effect of creating a poisoned environment (demeaning, humiliating, intimidating, hostile). Such conduct may be considered sexual harassment if one’s status or treatment as a student, staff, or faculty member is dependent upon submission to such conduct. Sexual harassment can happen to anyone regardless of their gender or sexual orientation and can be committed by a person of any gender or sexual orientation.

Examples of conduct that constitutes sexual harassment include:

1. Displays of pornographic or other sexual materials in the form of degrading pictures, graffiti, cartoons, or sayings, including through social media and/or the internet
2. Unwanted sexual attention, sexually oriented remarks or behaviours, sexually suggestive or obscene gestures
3. Derogatory or degrading remarks or jokes about or directed towards another person or group for any reason, including sexual orientation, gender, or gender expression
4. Repeated or persistent unwelcome flirtations, advances, or propositions, including “leering” or unwanted staring
5. Unwanted physical contact
6. Revealing or threatening to reveal a person’s sexual orientation without their consent
7. Making comments, circulating information, or spreading rumours about another person, including about their sexual orientation, gender, or gender expression, including through social media and/or the internet
8. Sexual advances with actual or implied work or education-related consequences
9. Retaliation or threat of retaliation against an individual for rejecting a sexual solicitation or advance may also constitute sexual harassment.

The person(s) engaged in harassment need not have the intention to harass; it is the objective assessment of the circumstances that matters.

Sexual harassment is prohibited under the Manitoba Human Rights Code.

Cyber Harassment: Cyber harassment takes many online forms, but typically involves the use of social media, email, texting, instant messaging, derogatory websites, graphic images or posts to bully or otherwise harass an individual or group causing emotional distress and/or the fear of bodily harm. It is a form of Sexual harassment and is therefore prohibited under the Manitoba Human Rights Code.

Indecent Exposure: A form of sexual harassment prohibited under section 173 of Canada’s Criminal Code. It involves a person who, in any place, for a sexual purpose, exposes his or her genital organs to a person who is under the age of 16 years. Section 174 of Canada’s Criminal Code also prohibits nudity in public spaces or on private property when exposed to public view.

Sexual Exploitation: Sexual exploitation is a form of sexual violence prohibited under section 153 of Canada’s Criminal Code. Sexual exploitation of children and young people under 18 involves exploitative situations, contexts and relationships where the young person receives from a person of trust or authority ‘something’ (e.g. food, accommodation, drugs, alcohol, cigarettes, affection, gifts, money) as a result of them performing and/or another or others performing on them, sexual activities. A judge may determine that a relationship is exploitative based on the age difference between the parties, the nature of their relationship, or the degree of control the older person has over the young person.

Stalking: A form of criminal harassment prohibited under section 264 of Canada’s Criminal Code. It involves repeated unwanted, non-consensual contact or communication directed at another person that causes reasonable fear or concern for that person’s safety or mental health or the safety of others known to them. The harm may be physical, emotional, or psychological, or related to the personal safety, property, education or employment of an individual. Stalking may occur physically, such as watching, monitoring, pursuing or following, making threatening or obscene gestures, sending unsolicited gifts, or it may happen electronically (e.g., continuously commenting or contacting via social media, surveillance, letters, text messages, emails and calls) directly or indirectly through a third party. Stalking includes, but is not limited to: face to face, phone, email, social media, surveillance, sending unsolicited gifts, “creeping” via social media and/or cyber-stalking, and uttering threats. Stalking may or may not be sexual in nature. Stalking may be governed by this Policy, even if it not sexual in nature.

Voyeurism: Prohibited by section 162 of Canada’s Criminal Code, voyeurism is the non-consensual observation — including by mechanical or electronic means — and/or visual recording of a person who is in circumstances that give rise to a reasonable expectation of privacy, if the person is in a place in which they can reasonably be expected to be partially or fully nude, or to be engaged in explicit sexual activity, or if the observation or recording is done for a sexual purpose. This includes any non-consensual recordings of any sexually explicit activity.

Consent: The informed, voluntary, conscious, ongoing and active agreement to engage in mutually acceptable sexual activity. It is the act of willingly agreeing to engage in specific sexual behaviour (including kissing and intimate physical contact) and requires that a person is able to freely be able to choose not to engage in it. This means there must be an understandable exchange of affirmative words which indicates a willingness to participate in mutually agreed upon sexual activity. It is imperative that everyone understands the following:

1. Silence, ambiguity or non-communication can never be interpreted as consent
2. A person is incapable of giving consent if they are asleep, unconscious, otherwise unable to communicate, or if they are in a state of diminished judgment (incapacitated)
3. A person who has been pressured, threatened or coerced (i.e. they are not agreeing voluntarily) into engaging in the sexual activity is not consenting to it
4. Inducing intoxication, impairment or incapacity is not voluntary consent. A person who is highly intoxicated and or impaired due to drugs or alcohol is unable to consent
5. A person in a diminished state of judgment cannot consent. Verbal agreement from a person in a state of diminished judgment is NOT consent
6. A person is unable to give consent when under the influence of alcohol and/or drugs
7. A person may be unable to give consent if they have a mental disability preventing them from fully understanding sexual acts
8. The fact that consent was given in the past to a sexual, dating, or marriage relationship does not mean that consent is deemed to exist for all future sexual activity. Consent cannot be given in advance of sexual activity that is expected to occur at a later time. It is the responsibility of the person wanting to engage in sexual activity to obtain clear consent from the other and to recognize that consent can withdrawn at any time
9. A person can change their mind and withdraw their consent at any time during the course of a sexual encounter
10. A person is incapable of giving consent to a person in a position of trust, power, or authority over them, such as a faculty member initiating a relationship with a student who they teach, an administrator in a relationship with anyone who reports to that position, or a coach in relationship with a student team member
11. It is not possible for minors to consent under most circumstances, and they are never able to consent within a relationship of dependence, authority, or exploitation. See section 150 of the Criminal Code of Canada for details.
12. Consent cannot be given on behalf of another person.

It is the responsibility of the initiator of sexual activity to ensure clear and affirmative responses are communicated at all stages of sexual engagement. It is also the initiator’s responsibility to know if the person they are engaging with sexually is of the age of consent for sexual activity. Consent cannot be obtained by use of force, which includes coercion.

Force: In the context of sexual violence, the term “force” includes the use of any of the following: physical violence and/or imposing on someone physically to gain sexual access to that person; implied or direct threats of harm to self or others including threats of sexual assault; threats of future harassment; abuse of power or authority; intimidation; and/or coercion to overcome resistance. The use of force to cause someone to engage in sexual activity is, by definition, non-consensual contact.

Coercion: In the context of sexual violence, coercion is the unreasonable and unwelcome pressure for sexual activity, including the use of emotional manipulation, or the promise of rewards or special treatment to persuade someone to do something they do not wish to do.

Other relevant terms:

Complainant: A Survivor who has formally disclosed and/or reported an incident of sexual violence.

Disclosure: Any verbal or written report or account by any person within the scope of the policy to a member of the Providence staff or faculty, or a student leader from the Providence Community that they have experienced sexual violence, often for the purpose of seeking support or assistance.

Providence Community: Means all individuals who have a relationship with or to Providence University College or Providence Theological Seminary, including through the Prov Downtown campus. See Section C above for further detail.

Report: A formal report of complaint under this policy of an incident of sexual violence made for the purpose of initiating some form of investigation or adjudication.

Reprisal: In the context of this policy, reprisal is an act of retaliation taken against a Survivor, typically with the purpose of encouraging them not to disclose or report an act of sexual violence or to encourage them to withdraw a Report already made. Reprisal may take many forms including: implied or direct threats of harm to self or others; threats of future harassment; abuse of power or authority; and/or intimidation. Reprisal may come from the Respondent or from any other party.

Retaliation: In the context of this policy, retaliation includes taking, attempting to take, or threatening to take any adverse action, reprisal or retribution of any kind against anyone involved in any process described in the Sexual Violence Policy, including the person who disclosed, anyone involved in an investigation or resolution of an allegation, and/or friends of families.

Retaliation can take many forms, including threats, intimidation, pressuring, harassment, continued abuse, violence or other forms or threats of harm to others, and be carried out in varying modes, including in person, via electronic communication or through third parties.

Retaliation can also include adverse employment or education actions taken or threatened against an individual because of participation in the reporting investigation and or resolution of an alleged violation of this Policy or any conduct that would discourage a person from participating.

Respondent: A person against whom an accusation of sexual violence is made, once a formal proceeding has been commenced.

Survivor: Some who have experienced sexual violence may choose to identify as a Survivor. Individuals might be more familiar with the term “victim.” We use the term Survivor throughout this policy because some who have experienced sexual violence believe they have overcome the violent experience and do not wish to identify with the victimization. It is the prerogative of the person who has experienced the sexual violence to determine how they wish to identify.

Trauma-Informed Approach: An approach to processes, procedures and service provision that incorporates and responds to the effects of trauma. A trauma-informed approach takes into account the potential effects of trauma on cognition, memory and behaviour and incorporates steps to address the needs created by trauma and to prevent retraumatization.

Procedural Fairness: The elements of the process used by a decision-making body authorized by policy to make a decision that affects an individual’s rights, privileges or interests. The core element of procedural fairness in this policy is that a person against whom allegations are made must be made aware of the allegations and evidence against them and must be given an adequate opportunity to respond prior to a decision being made.

Consent Culture: A culture in which consent cannot ever be implied or assumed.