******************************************************************************* Please note: This is part of an on-line ASCII text version of the task force report. A full text and print-ready PostScript version is available via anonymous ftp from ftp.ucs.ubc.ca in /pub/info/ubc/reports/appropriate-use.ps. UNIXG account holders will find it on unixg.ubc.ca in the same file. ******************************************************************************* * APPENDIX E Other submissions to Task Force (not included here because of their bulk) * APPENDIX F UBC Sexual Harassment Policy PART I DEFINITIONS 1.01 "Sexual Harassment" includes comment or conduct of a sexual nature, including sexual advances, requests for sexual favours, suggestive comments or gestures, or physical contact when any one or more of the following conditions are satisfied: (1) the conduct is engaged in or the comment is made by a person who knows or whoought reasonably to know that the conduct or comment is unwanted or unwelcome; (2) the comment or conduct is accompanied by a reward, or the express or implied promise of a reward, for compliance; (3) the conduct or comment is accompanied by reprisal, or an express or implied threat of reprisal, for refusal to comply; (4) the conduct or the comment is accompanied by the actual denial of opportunity or the express or implied threat of the denial of opportunity, for failure to comply; (5) the conduct or the comment is intended to, or has the effect of, creating an intimidating, hostile or offensive environment. 1.02 "Complaint" includes a complaint respecting: (1) sexual harassment; (2) retaliation for the lodging of a complaint; (3) breach of an undertaking as to future conduct. PART II: APPLICATION OF THE POLICY AND PROCEDURES 2.01 (1) The policy and procedures apply in all cases where there is a sufficient nexus betweenthe conduct or comment in issue and the functioning of the University. (2) There is a sufficient nexus for the purposes of subclause (1) if the conduct or comment interferes, or could reasonably be regarded as being capable of interfering, with: (a) the proper functioning of the University; or (b) an individual's dignity or privacy in respect of matters connected with the individual's work or study at, or other relationship with the University. 2.02 The procedures for the imposition of discipline are inapplicable to the extent that they may be incompatible with any express provisions to the contrary in existing agreements between the University and its faculty or staff. 2.03 A complaint made under these procedures can be pursued, even though there are contemporaneous court or other proceedings related to the incident or incidents in question, unless: (1) it would be unlawful to pursue the complaint; or (2) the President's Permanent Advisory Committee, upon application, orders that the complaint be stayed. 2.04 All persons involved in the handling of a complaint shall hold in the strictest confidence all information of which they become aware. 2.05 The President's Permanent Advisory Committee may, on application and submissions from interested parties, vary in any given case any of the time limitations or any minor procedural steps provided for in these rules if the committee is of the opinion that it is desirable to make the variation and that to do so will not be unfair to any of the persons involved. PART III: COMPLAINTS 3.01 A person who believes that he or she has been subjected to comment or conduct falling within the definition of a complaint in section 1.02 ought to discuss the matter with a sexual harassment officer. 3.02 The sexual harassment officer shall provide the complainant with advice and assistance on how to deal with the situation (including referring the complainant to the appropriate support or professional services), on the policy and procedures, on the apparent validity or seriousness of the complaint, and on what action might be taken. 3.03 A complaint may not be pursued by the complainant unless the complaint is specified in writing in reasonable detail and lodged with a sexual harassment officer by at the latest one calendar year after the event, or in the case of a series of events, the last event in the series, on which the complaint is based. 3.04 Subject to sections 5.01 and 5.04, a decision to pursue a complaint under these rules rests with the complainant, and having made a complaint the complainant may withdraw it at any time. 3.05 Events that take place after the giving of written notice may, without the filing of a further complaint but with due notice to the complainant or respondent, be the subject of mediation, investigation or formal hearing. 3.06 If a written complaint is not lodged within the prescribed time limit, the sexual harassment office shall seal all records that may have been compiled, and no person shall have access to those records, unless with the consent of the President's Permanent Advisory Committee. The sexual harassment office may however publish statistical information as to the number of complaints made and information as to the general types of complaints, including information on whether the complaints were made by or against faculty, staff or students. 3.07 If a written complaint is lodged within the prescribed time limit, the sexual harassment officers shall, within five working days of receiving the complaint: (1) deliver to the respondent a copy of the complaint and a copy of the policy and procedures,and shall explain the procedures to the respondent; (2) advise the respondent of the desirability of obtaining independent advice, and that, if the respondent so wishes, the Chairperson of the President's Permanent Advisory Committee will nominate a member of the committee to provide advice to the respondent (3) deliver a copy of the complaint to the Dean of the Faculty or the Head of the non-academic unit to which the respondent is attached. 3.08 (1) The respondent may, if he or she wishes, respond in writing to the complaint. (2) Any response in writing under sub-section (1) shall be delivered to a sexual harassment officer within 15 working days of the receipt by the respondent of the written complaint of the complainant. (3) Within five working days of receiving a written response from the respondent the sexual harassment officer shall deliver a copy of that response to the complainant. (4) The sexual harassment officer shall also deliver a copy of any response to the Dean of the Faculty or the Head of the non-academic unit to which the respondent is attached. PART IV: MEDIATION 4.01 (1) Within 30 working days of the delivery of the complaint to the respondent, either the complainant or the respondent may notify the sexual harassment officer in writing that he or she is prepared to resolve the matters in dispute through mediation. (2) If no such notice is given to the sexual harassment officer then it shall be presumed that mediation will not take place. 4.02 On receipt of notice in writing from either the complainant or the respondent that he or she is willing to consider mediation, the sexual harassment officer shall immediately deliver to the chairperson of the mediation panel: (1) a copy of the complaint by the complainant; (2) a copy of the response, if any, of the respondent; (3) a copy of the written notice or notices indicating a willingness to consider mediation. 4.03 (1) The chairperson of the mediation panel shall, on receiving the material referred to in section 4.02, enter into consultations with the complainant and the respondent in an attempt to secure their agreement to a mediator and the terms of reference for the mediation. (2) An agreement on a mediator and on the terms of reference for mediation shall be reduced to writing and signed by the complainant, the respondent and the chairperson of the mediation panel. (3) The mediator shall be responsible for arranging the mediation. (4) If an agreement in writing is not arrived at within 10 working days of the receipt by the chairperson of the mediation panel of the material referred to in section 4.02, it shall be presumed that mediation will not take place. 4.04 At the mediation a complainant or a respondent may each be accompanied by a person of his or her choice. 4.05 (1) The mediation shall be completed with 15 working days of the signing of the agreement referred to in section 4.03(2). If it is not completed within that period, the mediation shall be presumed to have failed. (2) If the mediation fails, the mediator shall notify in writing the parties, the chairperson of the mediation panel, the sexual harassment officer, and the administrative head of the faculty or unit to which the respondent is attached. 4.06 If mediation is successful, the agreement arrived at between the complainant and the respondent shall be reduced to writing, signed by the complainant and the respondent and counter-signed by the mediator. If the agreement contains undertakings as to future conduct on the part of either the complainant or the respondent, the agreement shall also be signed by a representative of the University. 4.07 A copy of any agreement reached under section 4.06 shall be provided to each of the parties, to the sexual harassment officer, and to the administrative head of the faculty or unit to which the respondent is attached. 4.08 (1) Whether or not the mediation is successful, and subject to section 4.07, all records and notes created in the course of the mediation and which are in the control of the mediator shall be destroyed. (2) No person shall give evidence or introduce documents during any subsequent proceedings under these procedures or in any other University proceeding where that evidence or those documents would disclose that any person had agreed or refused to agree to mediation or, if mediation occurred, what took place during the mediation. PART V: INVESTIGATION 5.01 (1) If the complainant or the respondent does not agree to mediation, or if mediation is unsuccessful, the complainant or the University may notify the President's Permanent Advisory Committee that he, she or it wishes the complaint to be investigated. Such a notification shall be in writing and shall be delivered to the chairperson of the President's Permanent Advisory Committee within five working days of the date on which it is known mediation is not to take place or on which mediation failed. If notification is not received within this period, it shall be presumed that neither the complainant nor the University wishes to pursue the matter further. 5.02 Within five working days of receiving the request for an investigation, the chairperson of the President's Permanent Advisory Committee shall appoint two persons (one of whom may be the chairperson of the Committee) to conduct an investigation. 5.03 The investigating committee should make every effort to interview the complainant, the respondent, and such other persons as it sees fit, and to examine any documents it may think relevant, and it shall report its findings to the President's Permanent Advisory Committee within 15 working days of the date of its appointment. 5.04 (1) The President's Permanent Advisory Committee shall consider the report and shall decide, within five working days of receiving it, if there is any evidence which would warrant the complaint being referred to a Hearing Committee; in which case the University shall be obliged to initiate proceedings before a Hearing Committee; (2) If the President's Permanent Advisory Committee is not of the opinionthat there is anyevidence which would justify a hearing, the complainant may nonetheless initiate proceedings before a Hearing Committee. 5.05 Within five working days of reaching its decision, the President's Permanent Advisory Committee shall inform the following persons in writing of the decision: (1) the complainant; (2) the respondent; (3) the sexual harassment officer; (4) the appropriate administrative officers; and (5) the chairperson of the Hearing Panel. 5.06 When the President's Permanent Advisory Committee decides that a hearing is not warranted, the complainant shall, within 10 working days of receiving the decision of the Committee, notify the chairperson of the Hearing Panel in writing if it is his or her intention toinitiate proceedings before a Hearing Committee. PART VI: HEARING 6.01 The President, with the advice of the President's Permanent Advisory Committee, shall nominate a Hearing Panel and shall designate one of its members as the chairperson of the panel. 6.02 On being notified that a hearing is to take place, the chairperson of the Hearing Panel shall: (1) appoint three persons as a Hearing Committee, of whom one may be the chairperson of the Hearing Panel and of whom one shall be a non- University member of the Hearing Panel; (2) designate the non-University member the chairperson of the Hearing Panel; (3) within 10 working days of being informed that a hearing is to take place, notify the complainant, the respondent and the University of the composition of the Hearing Committee. 6.03 Subject to a ruling to the contrary by a Hearing Committee, where two or more complaints have been lodged against the same respondent, the complaints shall all be dealt with at a single hearing. 6.04 (1) Challenges for cause to the composition of the Hearing Committee may be made in writing to the chairperson of the Hearing Panel within seven working days of the receipt of notification of the composition of the Committee. (2) Challenges for cause may be made at a later date to the chairperson of the Hearing Panel, or, at the commencement of the hearing, to the Hearing Committee only if the information on which the challenge isbased was not available in order to make a timely challenge under sub- section (1). (3) The chairperson of the Hearing Panel, or the Hearing Committee, shall make a ruling in writing on any challenge for cause. If the challenge for cause is upheld the chairperson of the Hearing Panel shall appoint a replacement member of the Hearing Committee. 6.05 The chairperson of the Hearing Committee shall make arrangements for the hearing with all reasonable dispatch. 6.06 (1) Where the University initiates the hearing, the parties shall be the University and the respondent; and the complainant may attend the hearing as an observer. (2) Where the complainant initiates the hearing, the parties shall be the complainant and the respondent; and the University may attend the hearing as an observer. (3) Each of the parties shall be entitled to be accompanied or represented by a person of hisor her choice. An observer may be accompanied by a person of his or her choice, and may participate in the proceedings when and as permitted by the Hearing Committee. 6.07 The Hearing shall be conducted in a manner consistent with the requirements of natural justice, so as to give those involved a full and fair hearing. 6.08 (1) Subject to sub-sections (2), (3), (4) and (5) the hearing shall be held in private. (2) A sexual harassment officer, the chairperson of the Hearing Panel, and the chairperson of the President's Permanent Advisory Committee may attend a hearing, subject, on application, to a contrary ruling by the Hearing Committee. (3) A representative of the professional association, union or student body of the complainant shall, at the request of the complainant, be entitled to attend a hearing. (4) A representative of the professional association, union or student body of the respondent shall, at the request of the respondent, be entitled to attend a hearing. (5) The Hearing Committee, on application, may exclude from the hearing someone provided for in subsections (3) and (4), but in such a case an alternate representative may be named. 6.09 The Hearing Committee may admit such evidence as it deems necessary and appropriate, and is not bound by the rules of evidence that apply in judicial proceedings; though in deciding what evidence it will admit the committee may take those rules into account. 6.10 The onus of proof shall rest on the party seeking to prove that the conduct or comment alleged has occurred or been made, and that it falls within the definition of a complaint in section 1.02; and the standard of proof shall be on the balance of probabilities. 6.11 The Hearing Committee shall have 20 working days from the date of the conclusion of the hearing to reach its decision. 6.12 The Hearing Committee shall give reasons in writing and it shall send copies of its reasons to the following: (1) the President; (2) the administrative head of the faculty or unit of the respondent; (3) the complainant; (4) the respondent; (5) the sexual harassment officer; (6) the chairperson of the President's Permanent Advisory Committee. 6.13 The Hearing Committee shall (1) make findings of fact; (2) decide if on the facts the complaint is justified; and (3) make recommendations as to discipline to the appropriate University Officer. The findings of fact and a decision on whether or not the complaint is justified shall be binding on the University, the complainant and the respondent. 6.14 The appropriate University officer shall, in imposing discipline, take into account, but shall not be bound by the recommendations on discipline made by the Hearing Committee. TIMELINES FOR PROCEDURES Procedure Number of Days* Submission of written complaint 365 Advisor notifies respondent and Dean or Faculty or Head of non-academic unit 5 Respondent's written response to complaint 15 Advisor delivers response to complainant and Dean of Faculty or Head of non-academic unit 5 Mediation to be considered by both parties from date of delivery of the original complaint 30 Agreement reached regarding mediators and terms of reference 10 Mediation to be completed 15 Request for investigation to Chair of PPACSH** 5 Chair of PPACSH assigns investigators 5 Investigators complete investigation and submit report to PPACSH 15 PPACSH decides whether U.B.C. will initiate hearing 5 PPACSH notifies all parties of decision 5 If U.B.C. does not initiate hearing, complainant may request hearing 10 Chairperson of Hearing Panel notifies all parties as to composition of Hearing Committee 10 Challenges for cause to the composition of the Hearing Committee 7 Hearing Committee renders decision after conclusion of the hearing 20 * Days are interpreted as working days, i.e. days the University is open. ** PPACSH is the President's Permanent Advisory Committee on Sexual Harassment.