There are many resources both within the Providence Community and in the Province of Manitoba that are available for your emotional and/or physical support if you have experienced sexual violence. We encourage any person who has experienced sexual violence to use these supports as they deem appropriate.
Providence will ensure that several staff members are trained in trauma-informed sexual violence response and receive annual ongoing training. These will be known as Compassionate Responders (“CR”).
The CRs will serve members of Providence in the implementation of this Policy in the following ways:
The following staff positions will require training as a Compassionate Responder:
Other members of the staff and faculty of Providence may also be trained as Compassionate Responders at the discretion of the chair of the SVAC.
Providence will appoint a Sexual Violence Advisory Committee (hereafter SVAC) that will consist of the following members: Vice President of Student Life (chair), Human Resources Manager, a faculty representative from both the University College and the Seminary, a staff or faculty representative of Prov Downtown, and at least three student representatives, with one representing the University College, one representing the Seminary, and one representing the Providence Downtown campus.
The SVAC serves members of Providence in the implementation of this Policy in the following ways:
The chair of the SVAC (typically the Vice President of Student Life) will be responsible for:
Providence is committed to contributing to the creation of a campus atmosphere in which sexual violence is not tolerated. We recognize that this will not happen without education, active prevention, and intentionality. Providence will build the capacity of the community to address sexual violence and play a role in ending sexual violence in our community.
Providence Community members can access REES (Respect, Educate, Empower Survivors) at the following website: http://www.reescommunity.com/campus. REES allows community members to report online in four ways: Reporting to Campus, Reporting to Police, Anonymous Reporting, and Repeat Perpetrator Identification. Survivors may also create a record without reporting it.
Survivors may create a report on REES without reporting it to Providence or to police. It will remain secure online on the REES website indefinitely until the Survivor wishes to report (if ever). If a record is created, the chair of the SVAC will be notified that a record was created but will not receive any further information unless the Survivor chooses to move forward. Survivors may choose to create a report in order to have a secure place to write their story if they are not yet ready to report, but think they might want to in the future.
A Providence Community member may disclose an incident of sexual violence to Providence on REES.com. The Survivor will create a report on the website and then select the option to connect to campus. Survivors can choose to include their narrative or only their contact information. The record will be sent to the chair of the SVAC (usually the Vice President of Student Life), and the chair will contact the Survivor. A report to campus on REES will be treated as a Formal Disclosure (see 5.2 below).
Survivors can use REES to report directly to police. The record will be sent to police but will not be sent to Providence personnel unless the Survivor chooses to send it. The chair of the SVAC will be notified that a report was made to the police. The chair will not be told any details of that report or the identities of the people involved.
Reports can be made anonymously through REES through a series of multiple-choice questions. Anonymous reports are stored only as aggregate data to inform policy, prevention education, and security. Providence is unable to initiate an investigation on the basis of Anonymous Reporting because only aggregate data is forwarded.
A Survivor may wish to identify a perpetrator through the REES website without creating a report. The information will be forwarded to the chair of the SVAC (usually the Vice President of Student Life) only if more than one person has identified the same perpetrator. If two or more people identify the same perpetrator, REES will send the contact information of the Survivors who reported the perpetrator to the chair of the SVAC. At that point, the record created on REES will be treated as a Formal Disclosure (see 5.2 below).
The following process will be followed by any Survivor wishing to disclose an incident of sexual violence. All parts of the process are optional for the Survivor, and they should only do what they feel comfortable doing:
All full-time faculty members, staff members, and student leaders in the Providence Community have received basic training on trauma-informed response to disclosures of sexual violence. They have also been informed of the Providence Sexual Violence Policy and Procedures. Survivors can therefore disclose an incident to any full-time Providence staff member or student leader with whom they feel comfortable, knowing that they will be treated compassionately and will be informed of all their options for support and reporting. The Survivor will be allowed to decide how they wish to proceed, if at all. The Survivor may also view these options on their own, at any time, on the Providence website, or on posters found around the school. Informal disclosure does not constitute a formal report under this procedure. Informal disclosures will not be reported to a CR or to the SVAC, except on the request of the Survivor.
If the Survivor is seeking accommodations that are within the occupational control of the person hearing the disclosure, those accommodations can be made without going through the process of Formal Disclosure. For example, if a student tells their professor that they would like an extension on an assignment because of an incident of sexual violence, the professor can make that accommodation without the Survivor formally disclosing the incident to a CR.
NOTE: Survivors can informally disclose to a CR without beginning the process of Formal Disclosure.
All people who hear a disclosure of sexual violence will strictly protect the confidentiality of all persons involved in the incident. However, if they believe there is a serious risk to the safety of Providence members or members of the outside community, that confidentiality cannot be ensured. Please see Procedures Section 10.2 for details.
If a Survivor wishes to access supports, accommodations, and services that are not freely available or within the control of a person they feel comfortable disclosing to (e.g. If the Survivor wishes to change dorm rooms, receive an extension on their semester, have another person sanctioned, etc.), then they will be required to formally disclose the incident to a CR. They may do so in the presence of any person whom they choose to bring with them as a support. The main difference between a formal disclosure and informal disclosure is that a formal disclosure must be done with a CR, allows for accommodations in any area of Providence, and will be formally documented. It will remain confidential. The identity of the survivor will only be disclosed to the chair of the SVAC if the survivor requires accommodations. The nature of the incident will not be disclosed.
Survivors may formally disclose an incident of sexual violence to a CR at any time, whether they have gone through the process of Informal Disclosure or not. The CR will maintain documentation of all accommodations made and the dates they were completed, as well as documentation of any meetings held. Any documentation created during the process will be kept in a secured location (password protected and/or locked) by the CR. The CR will consult with the Chair of the SVAC on each formal disclosure to ensure the Survivor is adequately supported, but the identity of the survivor will only be disclosed if accommodations are needed.
In order to pursue any Resolution involving the Respondent, the Survivor must file a Formal Report with a CR. Formal Reports are submitted to the Chair of the SVAC. The Survivor will be known as the Complainant once the Report has been filed. Some individuals filing disclosures or reports may want their identity to remain anonymous. However, should the person choose to formally report under the Providence Policy, their identity will be required to be disclosed, but will only be revealed to necessary parties. Issues of confidentiality must be balanced against Providence’s need to investigate and take appropriate action.
In the event a survivor makes a formal report, the chair of the SVAC will conduct a safety evaluation with the Complainant, to identify and implement immediate interim measures required to protect and support the Complainant and the Providence Community in accordance with this policy. Immediate measures may impact the Respondent and the Complainant. Examples may include, but are not limited to, extensions on coursework, counselling supports, changes in residence, changes in class section, removal from a sports team or other.
Commitments
In any Alternative Dispute Resolution process, the following core commitments will be upheld and made known to all involved in the process:
ADR Process
When the Survivor chooses, without coercion or pressure, to initiate the ADR process, the following will take place:
Note: The ADR process will not typically investigate the truth of the disclosure because the Respondent is not going through a disciplinary process. If the Survivor wants the Respondent to go through a disciplinary process, then an investigation must be initiated.
Commitments
In any formal reporting process, the following core commitments will be upheld and made known to all involved:
Investigation Process
When a Formal Report is created in cooperation with a CR, the following process will take place:
Because a claim is not proof of prohibited conduct, a claim shall not be taken into account during a performance review, promotion, re-appointment, or other evaluation unless a final determination has been made that this policy has been violated. If possible, it is recommended that such evaluations be deferred until the claim is resolved.
For a disclosure made pursuant to this policy, the person being disclosed to will have a presumption that the Survivor is telling the truth. For a Formal Report made pursuant to this policy, investigations will begin with the presumption that the Complainant is telling the truth. However, no disciplinary action will be taken against the Respondent unless there is sufficient evidence to support the allegations made by the Complainant (see section 5.5Bii - Investigation Process above for details).
In the rare occurrence that disclosures or complaints that are found following investigation to be made purposely to annoy, embarrass, or harm the Respondent or others may result in disciplinary action against the Complainant.
As a way of reducing barriers to reporting incidents of sexual violence, students who come forward with a complaint made in good faith will be exempt from discipline by Providence for violating areas of the Community Life Policies and Procedures related to consumption of drugs, alcohol, open dorm hours, previous consensual intimacies that violate Providence policies, and other similar violations, insofar as they relate to the incidents in question.
If a member of the Providence Community witnesses or hears about an incident of sexual violence, they are free to disclose the incident to a CR. The third-party will be supported through whatever trauma they may have experienced as a result of what they witnessed or heard. However, in order to protect the rights of the Survivor, only a Survivor can make a Formal Disclosure or file a Formal Report.
If a third party disclosure leads the CR to believe that there is a serious risk to the safety of Providence members or members of the outside community, then Providence reserves the right to begin an investigation on the basis of that disclosure. Please see Procedures Section 10.2 for details.
Where criminal or civil proceedings are initiated regarding an incident of sexual violence, Providence may simultaneously conduct its own investigation in accordance with this Policy, or may choose to suspend its investigation while external proceedings are ongoing. Where there is an ongoing investigation, Providence will cooperate with external authorities. A Complainant at any step in this Procedure may choose to request an external investigation either alongside or instead of any investigation that may occur under this Procedure.
In order to safeguard the rights of all concerned, any person who avails themself of this Policy and any person involved in a process governed by this Policy has the right to be accompanied by a person of their choosing for support. If they wish to bring more than one person, the request may be approved by the individual they are meeting with (e.g., the CR, the investigator, the chair of the SVAC).
Confidentiality is particularly important to those who have disclosed sexual violence. The confidentiality of all persons involved in a report or disclosure of sexual violence will be strictly observed as much as is possible. This is in order to protect the rights of those involved in the allegations, to prevent an unjustified invasion of their personal privacy, to preserve the integrity of the investigation, and to safeguard individuals against unsubstantiated allegations. Providence will make every reasonable effort to maintain confidentiality when it is made aware of an incident of sexual violence and will limit disclosure of information about individuals to those within Providence who need to know for the purposes of addressing or investigating the situation, or taking corrective action.
However, confidentiality cannot be assured in the following circumstances:
In such circumstances, information would only be shared with necessary services to prevent harm, and the name of the Survivor would not be released to the public.
Complainants, Respondents, and witnesses are expected to keep the details of any case confidential outside their immediate circle of support (e.g., their named support person, as well as immediate family members) during the investigation process, in order to ensure the integrity of the investigation and decision-making process.
Any information or documentation created regarding a formal complaint, including the written formal complaint, written responses, witness statements, investigation notes and reports, and documents related to the formal complaint and its investigation will be securely maintained by the Student Life Department or by Human Resources as appropriate. Any documentation created in the process of an informal or formal disclosure will be securely maintained by the individual to whom the situation was disclosed.
At the request of the person who filed the complaint, the educational institution shall provide the person with information regarding the outcome of the complaint, whether or not a sanction was imposed, and in some cases, the details and terms of the sanction, if any.