Sexual Violence Policy

Ref. No.	Executive sponsor	Policy steward	Approval authority	First approved	Last reviewed	Effective date	Next review
39.01	Vice President, College Services and Strategy	Director, Respectful Community and Human Rights	Board of Governors	April 19, 2018	February 2026	August 15, 2026	May 2027

Purpose
1. Nova Scotia Community College (NSCC), “the College” acknowledges that sexual violence is a serious cultural and societal problem that deeply affects post-secondary communities, impacting the safety, dignity, and well-being of students, staff, and faculty. The College is committed to fostering a learning and working environment where every member of our community has the right to safety and is treated with dignity, respect and fairness.
  
  Sexual violence is a serious violation of trust and safety. It is rooted in power imbalances and is a form of social injustice. As a college with a broad presence across the province, we recognize that individuals in different regions may face unique barriers to disclosure and accessing support. Geographic distance limited local resources, and varying levels of service availability can all affect how people seek and receive help. The College is committed to reducing these barriers where possible.
  
  While sexual violence can affect anyone, it especially harms women, children, gender diverse people, and those from communities that face discrimination - including Mi’kmaq, African Nova Scotian, 2SLGBTQ+ and people with disabilities.
  
  Recognizing the power imbalances that can exist, the College acknowledges the courage it takes to disclose or report experiences of sexual violence. This policy is grounded in fairness, accountability, and an understanding of intersectionality and how compounding forms of discrimination and trauma affect people.
  
  This policy aims to:
  - Create an environment where everyone is protected from sexual violence, feels safe asking for help, is treated with dignity, care, and respect.
  - Demonstrate that the College is serious about preventing and responding to sexual violence.
  - Promote an educated College Community free from all forms of sexual violence by prioritizing ongoing education and training initiatives.
  - Clearly outline how the College responds to and addresses incidents of sexual violence in a survivor-centred, trauma-informed way that:
    - Promotes choice for the person who experiences sexual violence, as well as safety, and accountability.
    - Uses anti-oppressive practices that honour the College’s commitments required for the calls to action in the Final Report of the Truth and Reconciliation Commission of Canada (2015) and calls for justice outlined in Reclaiming Power and Place: The Final Report of the National Inquiry into Missing and Murdered Indigenous Women and Girls (2019).
  - Where it is safe to do so, create space to allow community members to acknowledge responsibility for harmful actions, to recognize how those actions have impacted others, and take steps to address the needs of those who were impacted.
  - Meet the College’s obligations under the Nova Scotia Human Rights Act and the Occupational Health and Safety Act to prevent and respond to incidents/complaints of discrimination and harassment based on sex, sexual orientation, gender identity, and gender expression.

Scope
1. This policy applies to all members of the College Community.
2. This policy applies to sexual violence perpetrated or experienced, or alleged to have been perpetrated or experienced, by a member of the College Community:
  1. occurring partly, or entirely, on college property
  2. occurring partly, or entirely, in electronic environments such as online or in social media, where such behaviour negatively impacts the ability of a person who has experienced sexual violence to learn, live, and/or work at the College, and/or could have an adverse impact on the reputation of, or experience of, the learning, living, or working environment of the College
  3. occurring partly, or entirely, in the course of employment or studies with the College, including without limitation to field work, off-campus learning, work experience placements, studies abroad and other international learning opportunities, work related travel, conferences and professional learning
  4. occurring partly, or entirely, during participation in college-sponsored activities or programs
3. This policy does not limit the ability of anyone in the College Community to exercise their rights under a collective agreement or the Nova Scotia Human Rights Act, nor does it prevent anyone from reporting a matter to local law enforcement.
4. If more than one policy applies, or if there is a conflict between this policy and any other College policy, the Sexual Violence Policy will take precedence in the vast majority of situations. In rare or exceptional circumstances, the College may determine that another policy should apply based on the specific context, and such situations will be assessed carefully.
5. Nothing in other policies limits a person’s rights, options, or access to supports under the Sexual Violence Policy or applicable legislation.
6. This policy applies to all acts of sexual violence. Any such act constitutes a violation and may result in sanctions, including dismissal and termination.

Definitions

Key definitions are found in Appendix A - Definitions. Additional definitions are found in the Glossary of Terms.

Policy
1. Guiding Principles
  1. NSCC expects everyone in the College Community to treat each other with respect, communicate openly, and make sure consent is clear.
  2. Everyone in the College Community is responsible for helping to protect and promote the rights, safety, and dignity of others.
  3. NSCC is committed to:
    1. Making sure people who talk about experiencing sexual violence are listened to, believe that they have had the experience they are sharing, and treated with kindness, understanding, dignity, and respect.
    2. Responding promptly to disclosures and reports in an intersectional, trauma-informed and survivor-centric manner that respects different experiences, is understanding of trauma, and puts the needs of the survivor first.
    3. Supporting all individuals involved in disclosures and reports and providing information regarding options for supports, medical and psychological care, and reporting.
    4. Assessing the physical and psychological safety of the individuals involved and the safety of any of the campuses or departments that are involved.
    5. Ensuring procedural, relational, and substantive fairness.
    6. Ensuring a commitment to privacy, whenever possible.
2. Disclosures
  1. Making a Disclosure or Report
    1. Any person can make a disclosure directly to the office of Human Rights, Equity and Inclusion. They will be referred to the Sexual Violence Prevention and Response Lead who will provide support, and information about safety and resources, including what the College can do to provide support through a complaint process.
    2. Any person can also seek support and assistance through any NSCC employee, who will then consult with the Sexual Violence Prevention and Response Lead.
  2. Making a Confidential Disclosure
    1. Students can speak with campus counsellors at any NSCC campus and the information they share will stay confidential, unless the counsellor is required to share it by law or by the rules of their profession to disclose. All NSCC counsellors follow strict codes of ethics and professional standards, including requirements about confidentiality set by their regulatory or certifying organizations.
    2. Employees can speak with a counsellor through the NSCC Employee and Family Assistance Program.
    3. See the accompanying procedures for more information on how to access these services.
  3. Duty to Consult after Making a Disclosure or Report
    1. Any employee of the College, other than a counsellor, receives a disclosure from:
      1. a person who has experienced sexual violence, or
      2. someone with knowledge that a member of the College Community has experienced sexual violence has a duty to consult with Sexual Violence Prevention and Response Lead, or designate, within two (2) days of receiving the disclosure and prior to taking actions or making decisions that will impact the people involved.
  4. Reasons for the duty to consult include:
    1. ensuring safety
    2. ensuring the person who has experienced sexual violence knows about supports and processes available under this policy and how to access them
    3. providing information about counselling, sexual violence services, legal advice, or law enforcement
  5. The Sexual Violence Prevention and Response Lead may refer the issue to the Sexual Violence Response Team
  6. Sexual Violence Response Team
    1. The Sexual Violence Response Team is a group of trained college staff who respond to reports of sexual violence. The team is led by the Sexual Violence Prevention and Response Lead and includes other leaders, usually from the campus or central department where the reported sexual violence occurred, depending on who is involved (students, employees, or others).
  7. No Obligation for Making a Disclosure or Report
    1. Any member of the College Community who has experienced sexual violence is encouraged to disclose the incident immediately. However, there is no requirement that a student or employee who has experienced sexual violence must disclose this information to the College.
  8. No Time Limit for Making a Disclosure or Report
    1. The College encourages the person who has experienced sexual violence to make a disclosure as soon as possible, recognizing that some types of information and evidence may expire with time. However, it may take time to process an experience and to make a decision regarding options after sexual violence occurs. Therefore, there are no deadlines for making a disclosure, seeking support, or requesting a college response.
  9. Anonymity when Making a Disclosure or Report
    1. The College is committed to protecting the privacy and confidentiality of everyone involved when someone makes a disclosure or report under this policy; however, anonymity may not be guaranteed in certain situations. There are limits to confidentiality when:
      1. It prevents the College from properly addressing the report or taking necessary and appropriate action.
      2. The person accused needs enough information to respond fairly.
      3. Someone is at immediate risk of hurting themselves or others.
      4. A child or vulnerable person has been harmed or is at risk.
      5. The law requires us to share information.
      6. The person accused is in a position of trust or authority, such as a manager or faculty member.
      7. There are other serious concerns about the safety of the College Community.
    2. The College, through the Sexual Violence Response Team, has a responsibility to balance the wishes of the person who has disclosed an experience of sexual violence with the obligation to protect the College Community and a legal responsibility towards procedural fairness.
  10. Making an Anonymous Disclosure or Report
    1. A member of the College Community may anonymously disclose sexual violence within the College Community to the Human Rights Office (HRO).. The person disclosing may choose not to provide their name or other personal information in the anonymous disclosure. The HRO will collect and maintain information provided in an anonymous disclosure and determine whether there is enough information provided to act on the anonymous disclosure. The College may have limited ability to respond to an anonymous disclosure, depending on the information provided and the requirements of procedural fairness.
  11. Non-Disclosure Agreements
    1. The College does not require those who have experienced sexual violence to sign non-disclosure agreements preventing them from speaking about or otherwise sharing the sexual violence they have experienced.
  12. Retaliation when Making a Disclosure or Report
    1. No member of the College Community shall take any action that will punish, intimidate, threaten, harm, or adversely affect a person who has made a disclosure, consulted, or participated in any process under this policy.
    2. This includes making or filing complaints against the complainant, witness, respondent, or other member of the College Community for retaliatory purposes.
  13. Immediate, Interim and Supportive Measures
    1. Immediate or Interim Measures: In some cases, the use of immediate and/or interim measures with any individual, usually the respondent, may be assigned. In the case of immediate or interim measures for a student, the responsible college authority will take reasonable steps to provide continued access to learning through supportive measures. Any alleged breach of immediate or interim measures is considered a serious violation of the policy, will be investigated, and may result in more severe measures or sanctions.
    2. Supportive Measures: The College recognizes the importance of supporting continued learning, living, and/or working at the College during a sexual violence process where appropriate, which may include addressing the physical and/or psychological safety of participants. The College will consider adjustments to the learning, living, and/or working environment as needed. In some circumstances, a report may be required to obtain these adjustments.
  14. Drug and Alcohol Use
    1. If someone was using alcohol and/or drugs during the period they experienced sexual violence, the College will still respond to their disclosure; and, this information will not be shared or used for any purpose outside the policy, unless required by law.
  15. Review of Decision
    1. A complainant or respondent who is dissatisfied with the outcome of an investigation conducted under this policy may seek to have the matter reviewed on the grounds outlined in the sexual violence procedures.
    2. Nothing in this policy seeks to limit available options through any Collective Agreement, the Nova Scotia Human Rights Act or any other proceedings available in law.
3. Sexual Violence Prevention and Education
  1. The College is committed to:
    1. Reducing sexual violence by prioritizing awareness, education and prevention to counter rape culture, harmful attitudes and behaviors that make it seem normal or okay for people to ignore consent, blame victims, or not take sexual violence seriously.
    2. Providing educational opportunities to students and employees on topics related to sexual violence and effective response under policy.
    3. Ensuring sexual violence investigators are trained in conducting sexual violence investigations, inclusive of trauma-informed approaches.
    4. Providing opportunities for committees and working groups, comprised of diverse representatives, including students, college leaders, staff, faculty, as well as subject-matter experts, to contribute to sexual violence prevention and education.

Policy Supports

Related Policies

39.02 Sexual Violence Procedure

33.01 Student Community Standards
33.02 Student Appeals Policy

41.01 Human Rights Prevention of Harassment and Discrimination Policy
42.01 Employee Community Standards
42.31 Safe Disclosure Policy

73.01 Health and Safety Policy
73.21 Violence Prevention Policy

Collective Agreements

Faculty
Professional Support
Operational Support

Related Acts

Criminal Code of Canada
Nova Scotia Human Rights Act
Occupational Health and Safety Act

Appendix A - Definitions

Term	Definition
Academic accommodation	individualized alterations in how a student: accesses course or program content and information; participates in learning and course work; and/or demonstrates skills or knowledge. They allow a student a fair opportunity to engage in academic activities and fulfill essential course and program requirements. Reasonable and appropriate accommodation can be made by providing alternative ways to meet the program outcomes. Academic Accommodation is not reasonable if it imposes undue hardship.
Campus counsellor	an employee of NSCC who is responsible for providing personal counselling to students (e.g. "Student Services Counsellor, Personal and Career or ALP Counsellor). This does not include NSCC employees who have counselling backgrounds but do not hold the title of "Counsellor" at NSCC.
Central college department	the non-campus departments of the College.
College community	includes, but not limited to community members, contractors, employees, faculty, industry partners, visitors, donors, NSCC Board of Governors, students, and/or volunteers.
Community member	an individual who belongs to or is recognized as part of a community, through residence, participation, or affiliation, and who shares in the rights, responsibilities, and impacts of that community.
Complainant	the survivor and/or the College acting on its own volition who brings forward a report of sexual violence.
Confidential Disclosure	any disclosure will remain confidential except as prescribed by the counsellor's professional protocols or by law.
Consultant	a person who provides professional or expert advice to either an organization or individual. They operate independently, charge a fee, and provide objective advice.
Culturally informed	an approach that recognizes and incorporates the cultural identities, worldviews, and lived experiences of individuals and communities into programs, policies, and practices including those of Mi’kmaq and Indigenous Peoples or African Nova Scotian and people of African descent. It requires acknowledging how culture shapes health, well-being, and social determinants; valuing distinct traditions, languages, and histories; addressing systemic inequities; and working with communities to co-create solutions that reflect their priorities and strengths.
Disclose or disclosure	sharing information about an experience or experiences of sexual violence with an employee of the College other than a campus counsellor. The disclosure of information to an employee initiates a duty to consult with Human Rights, Equity & Inclusion within two business days. A disclosure may lead to a report as defined within this policy and subsequent investigation or alternative resolution. Only a campus counsellor can receive a confidential disclosure
Disclosing student/disclosing employee	a person who makes a disclosure of an experience of sexual violence for the purpose of seeking support and/or advice.
Duty to consult	an obligation imposed on an employee to engage with a particular college department or office before making decisions or taking actions that could impact an individual's rights, interests, or well-being.
Fairness	requires procedural, substantive, and relational fairness.

Immediate measures	short-term, time-limited steps taken immediately upon disclosure to address safety concerns and reduce harm. They are designed to be used by Public Safety and authorized College employees to ensure safety among those involved in the concern before the SVRT comes together to determine interim measures.
Initial sexual consent assessment	an initial, trauma-informed process led by the Sexual Violence Prevention and Response Lead, or designate, in collaboration with the survivor when possible, and with input from the Sexual Violence Response Team as appropriate. The assessment seeks to understand the disclosure or report, collaborate to identify suitable supports, and determine the appropriate policy and process steps, while upholding respect, safety, and procedural fairness for all parties.
Interim measures	temporary steps established by the Sexual Violence Response Team to help keep the learning, living, and working environment safe. These steps are not meant to punish anyone and don’t mean that a decision has been made about what happened. They are usually used when someone is accused of violating a policy to keep everyone safe and reduce harm. Usually combined with supportive measures.
Intersectional	the complex, cumulative way in which the effects of multiple forms of discrimination (such as racism, sexism, homophobia, transphobia and classism) and social identity combine, overlap, or intersect especially in the experiences of equity denied individuals or groups or means that people can face different kinds of offensive treatment at the same time, for example racism, sexism, or discrimination based on gender identity, income, or ability. These experiences can overlap and affect someone’s life in more complex ways, especially for people who belong to more than one group.
Investigation	a procedurally fair, culturally attuned and impartial process undertaken to gather facts, assess evidence, and determine whether a reported incident of alleged misconduct has occurred. Investigations are conducted in a timely, fair manner, ensuring that all parties involved can present relevant information and that outcomes are based on objective findings.
Investigator	a person trained in conducting trauma informed sexual violence investigations and selected by the Sexual Violence Response Team (SVRT), who conducts a college investigation. An investigator may be an NSCC employee, or an external person engaged by the College.
Nondisclosure agreement	a contract that prevents those who sign it from disclosing to others information contained in the agreement.
Procedural fairness	requires notice of the matter under consideration; access to information that will be considered when the decision is made. The College considers personal privacy and safety factors when determining access to information; the right to respond; a meaningful opportunity to be heard; an impartial and unbiased decision maker; reasons for the decision or outcome.
Rape culture	broader social attitudes about gender, sex, and sexuality that can normalize sexual violence and undermine equity. Rape culture occurs when harmful beliefs and behaviors make it seem acceptable to ignore consent, blame victims, or minimize the seriousness of sexual violence. Key contributing factors include: Victim-blaming: Holding those who experience harm responsible for it. Normalization of violence: Treating sexual violence as trivial or inevitable. Rape myths: False beliefs that excuse or justify sexual aggression. Gender inequality and roles: Social norms that reinforce male dominance and female submission. Hypermasculinity: Valuing aggression and dominance as markers of masculinity. Media representation: Downplaying or mischaracterizing sexual violence.
Report	a written allegation of sexual violence that is completed by the Sexual Violence Prevention and Response Lead, in collaboration with the survivor wherever possible, and submitted to the Sexual Violence Response Team (SVRT) to be addressed.
Respondent	a person who is alleged to have violated this policy.
Sexual assault	any form of sexual contact without consent. Sexual assault includes, but is not limited to, unwanted kissing, fondling, unwanted sexual touching, disrobing, oral or anal sex, vaginal intercourse or other forms of penetration. It also includes inducing intoxication, impairment, or incapacity for the purpose of making another person vulnerable to non-consensual sexual activity.
Sexual harassment	a single or a course of repeated occurrences of objectionable or unwelcome sexual conduct, comment or action. May include a course of unwelcome, humiliating, and/or embarrassing comments of a sexual nature, whether directed at an individual based on sex, sexual orientation, gender identity or gender expression, by another individual or group who knows, or ought reasonably to know, that this attention is unwelcome; any solicitation or advance which is known, or ought reasonably to be known to be unwelcome, humiliating and/or embarrassing made by an individual who is in the position to confer or deny a benefit; and /or any reprisal or threat of reprisal, for refusing to comply with an implied or expressed sexual solicitation or advance. Sexual harassment also includes stalking or unwanted and repeated direct or indirect communication, including emails, gifts, letters or notes. indecent exposure voyeurism display of sexually suggestive pictures, posters, objects or graffiti unwanted behaviours or comments that fetishize perceived personal characteristics such as gender, sexuality, ethnicity, and/or race, age, or size etc. any of the behaviours described here when these behaviours are displayed or communicated on any form of social media or other electronic media
Sexual violence	violence that takes different forms, including, but not limited to: Sexual Abuse, Sexual Harassment and Sexual Assault. This includes in person and digital/cyber actions. Acts of Sexual Violence can also include, but are not limited to: Distribution of intimate images without consent; Coercion of another person to engage in in-person or digital/cyber acts by physical or psychological intimidation; Removal or failure to use a condom without consent during intercourse; Denial of another person’s sexual decision-making rights; Retaliation or threats by an individual if their advances are not accepted.
Sexual Violence Response Team (SVRT)	the committee convened when determined necessary by Human Rights, Equity & Inclusion to address reports of sexual violence.
Supportive measures	adjustments made to the learning and/or work environment provide greater opportunity for success during and in some cases, after, involvement in a sexual violence resolution process.
Survivor-centric	an approach that, wherever possible, seeks to empower the individual who has experienced sexual violence by placing their needs at the center of decision-making related to support and response. (see possibility seeds RIA 2024 p 28)
Trauma-informed	understanding that many people have experienced trauma, and that it affects how they feel and behave. It means working to create physically, emotionally, and culturally safe environments and processes; and treating people in ways that build trust, gives them choices, and helps them feel empowered.
	For additional definitions, refer to: Glossary of Terms for Policies \| NSCC