Sexual Violence Procedure

Ref. No.	Executive sponsor	Policy steward	Approval authority	First approved	Last reviewed	Effective date	Next review
39.02	Vice President, College Services and Strategy	Director, Respectful Community and Human Rights			February 2026	August 15, 2026

Purpose
1. Objective
  1. This procedure explains how the College will respond to a disclosure or a report of sexual violence in a way that promotes accountability, as well as safety, healing, and choice for the person who discloses an experience of sexual violence.
  2. The aim of this procedure is to create a college environment where everyone is protected from sexual violence, feels safe asking for help, is treated with care and respect, can make informed decisions, and understands that the College is serious about preventing and responding to sexual violence.
  3. The College will respond to all disclosures of sexual violence using survivor centered, trauma informed, and anti-oppressive practices that honour the College’s commitments related to the calls to action in the final report of the Truth and Reconciliation Commission of Canada (2015) and as outlined in Reclaiming Power and Place: The Final Report of the National Inquiry into Missing and Murdered Indigenous Women and Girls (2019).
  4. Wherever possible, the College will respond to and address incidents of sexual violence in a way that creates the space to allow community members to acknowledge responsibility for harmful actions, to recognize how those actions have affected others, and take steps to address the needs of those who were affected.
  5. In responding to a disclosure or report of sexual violence, the College intends to inform its processes with the appropriate understanding of relational, procedural and substantive fairness, trauma and its effects, and will take intentional steps to reduce harm for all parties.
2. Authority
  1. For clarification or additional information pertaining to these procedures, please contact the Sexual Violence Prevention and Response Lead at

Procedures
1. 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. 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.
2. Recognizing the power imbalances that can exist, the College acknowledges the courage it takes to disclose or report experiences of sexual violence. These procedures are grounded in safety, fairness, accountability, and an understanding of how trauma affects people. The needs and best hopes of a person who has experienced or been impacted by sexual violence are very important and will be considered and prioritized where possible, as will the safety of that person and the greater College Community.

Emergency Situations
1. Safety is always the top priority. If someone is in immediate danger or needs urgent medical help:
  1. Call 911
  2. Contact Campus Security
  3. Use the emergency blue pull station (SARA) and security will be alerted.
2. Always consider how the person wants to be supported and let them know what actions you’re taking. Contact the Sexual Violence Prevention and Response Lead as soon as possible and within 2 days.

Those Who Have Experienced or Been Impacted by Sexual Violence
1. Community members who have experienced or been impacted by sexual violence, should know:
  1. it is not their fault
  2. they are not alone.
  3. it does not matter if it occurred on or off campus.
  4. it does not matter if alcohol or drugs were involved.
2. The College will support anyone who has experienced sexual violence.
3. Safety and wellbeing are important. The College will support a person who has experienced sexual violence in a way that respects their choices and helps them feel safe.
4. There are different ways to share what happened. Some options are confidential, and others involve sharing information to ensure safety and support for survivors and others who may be at risk.
5. The College will make every effort to protect the privacy of those who have experienced sexual violence; however, confidentiality cannot be guaranteed in all circumstances.
6. The following section explains the difference between disclosure (sharing an experience without making a formal report) and reporting (asking the College to take action).

Types of Disclosure: Telling Someone about Sexual Violence
1. For Community members who have experienced sexual violence, a disclosure will enable them to access support from the College, including counselling services through a campus counsellor or the Employee and Family Assistance Program (EFAP), as applicable, and access to information regarding:
  1. available external supports and medical care, if needed
  2. procedures to request supportive measures from the College
  3. possible interim measures
  4. the reporting processes to request college action
2. A disclosure does not automatically result in a report being made or starting a process under these procedures.
3. Confidential Disclosure:
  1. For a confidential discussion, community members can talk to the following:
  2. For Students:
    1. Confidential Disclosure – Talk to a Campus Counsellor
    2. You can speak privately with any Campus Counsellor. They will:
      1. Listen and support you emotionally
      2. Share helpful resources
      3. Talk with you broadly about your options, including possible changes to help you feel safe and supported (called accommodations), and
      4. Discuss whether you want to meet with the Sexual Violence Prevention & Response Lead to better understand the options available for a college response.
    3. Counsellors keep what you share confidential, unless they are legally required to share it, or subject to their professional obligations. They will always tell you if they can’t keep something private.
  3. For Employees:
    1. Confidential Support – Employee and Family Assistance Program (EFAP)
    2. You can contact EFAP for private and confidential support. They offer:
      1. Counselling
      2. Information about services and resources
      3. Help for you and your family
      4. GreenShield+ provides free, confidential support to employees. These services can be accessed through their website at https://app.greenshieldplus.ca/en/sign-up or by phone at 1-833-707-4747. The Connect EFAP page has additional information and instructions on how to set up an account online if you haven’t already set one up. Access employee and family assistance support (EFAP) | Connect.
  4. For Everyone:
    1. Anyone can access the National Sexual Violence Helpline | Sexual Violence Helpline
    2. You can also reach out by phone at 1 888 933 9007
4. Disclosure for Support and College Action:
  1. For a disclosure for support and college action, community members can talk to the following:
  2. For Everyone:
    1. Contact the Human Rights Office
      1. If you have experienced or been affected by sexual violence, you can contact the Human Rights Office for support and information about your options, including how to disclose, report, or address the situation.
        
        You can also ask questions anonymously by calling the Sexual Violence Prevention and Response Lead at 782-641-5117 or email: humanrights@nscc.ca.
        
        You will receive a response to your email within two business days. The same limits to confidentiality apply to both students and employees, including situations where someone may be in danger or where the law requires information to be shared. The limits of confidentiality will be clearly explained to you.
    2. Talk to Any NSCC Employee
      1. NSCC recognizes that it is difficult to share an experience of sexual violence and that people often choose to disclose to someone they trust. Therefore, any employee at the College may be the trusted recipient of a disclosure.
      2. You can talk to any NSCC employee. But please know:
        
        They cannot guarantee confidentiality; only counsellors can receive confidential disclosures.
        
        They are required to consult with the Sexual Violence Prevention and Response Lead within two (2) business days.
        
        They do not have to make a formal report, and names are not always required in this consult with the Sexual Violence Prevention and Response Lead.
        
        They may need to address safety concerns through Immediate Measures
  3. For Students living in Campus Housing
    1. Speak with Campus Housing Staff - All incidents will be documented typically within 24 hours of the occurrence and tracked confidentially by campus housing staff. The Coordinator, Campus Housing, will review incident documentation and will consult with the Sexual Violence Prevention and Response Lead within two (2) business days.
  4. NSCC Employees: What to do if someone discloses Sexual Violence
    1. To support someone who discloses sexual violence, employees can:
      1. Listen with empathy.
      2. Affirm that it is not their fault.
      3. Ask if they feel safe (physically/ psychologically) and consult your manager if there are any safety concerns.
      4. Tell them that you will be consulting with the Sexual Violence Prevention and Response Lead to get more information about available supports. You will have to share what has happened and may be required to share their name with the Sexual Violence Prevention and Response Lead if there is risk to a minor or to the College Community.
      5. Ask if they would like to be part of the consultation with the Sexual Violence Prevention and Response Lead, and if they are ready for that conversation. Always allow choice; their participation is not necessary for consultation with the Sexual Violence Prevention and Response Lead.
      6. Let them know there are supports available. Offer to refer them to a Campus Counsellor or the Student Wellness Hub for information on supports for students. Employees can seek support through the Employee and Family Assistance Program.
      7. All community members can access the national Sexual Violence Helpline.
    2. Listen to the disclosure with empathy and contact the Sexual Violence Response Lead afterwards. However, you can also provide the following information that will also be explored by the Sexual Violence Response Lead in consultation:
      1. Share information about external, culturally responsive, or medical supports
      2. Ask if they would like to stay in touch and how they would prefer to communicate. (in person, phone, or email).
      3. Offer a copy of the Sexual Violence Policy and Procedures (via email if they would like a copy).
      4. Let them know they can report to law enforcement or explore their rights under a collective agreement or the Nova Scotia Human Rights Act.
  5. College Employee Duty to Consult with Sexual Violence Prevention and Response Lead
    1. When College employees receive a disclosure, there is a requirement to consult with the Sexual Violence Prevention and Response Lead within two business (2) days. The main reason for the duty to consult is to assess safety and make sure the person who shares an experience of sexual violence knows about supports available on and off campus; counselling, sexual violence services, safety services, legal advice, or options for reporting to law enforcement, if they want them. The College will also retain non-disclosing information about the matter to inform systemic and preventative work.
    2. Unless there is an ongoing risk or legal duty to take further action, if a person doesn’t want the College to take formal action to address the person who has caused harm, the person consulting with the Human Rights Office will not be required to give names or personal details.

What Happens after a Disclosure
1. Immediate Measures
  1. Immediate measures are short-term, time-limited measures that can be put in place 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 between parties involved in the concern after the incident and before the Sexual Violence Response Team comes together to determine interim measures.
  2. When the College’s Campus Housing Coordinators, Manager of Summer and Student Housing and Student Life, Principals and/or Managers of Student Services or Public Safety believe immediate measures are necessary to help ensure safety and reduce harm they may impose them and immediately notify the person who has disclosed, and the Respondent of the measures. The Duty to Consult will be enacted within two (2) business days and the SVRT will review these measures within four (4) business days after the Duty to Consult.
  3. Immediate Measures must be reasonable given the concerns raised. They may include, but are not limited to:
    1. restrictions on access to campus or parts of campus, including housing;
    2. no contact/communication directives;
    3. education, housing and/or workplace restrictions.
  4. In all cases, those employees imposing Immediate Measures will:
    1. consider the needs and safety of the person who disclosed the incident;
    2. be aware no decision on violation of this policy is being made at this time, and the measures are temporary and non-punitive, and communicate them as such;
    3. be aware of the next steps (their Duty to Consult);
    4. consider the Respondent’s ability to continue to work, learn and/or live in housing with the least disruption in the circumstances;
    5. let the Respondent know that the Immediate Measures will be assessed by the HRO or SVRT as required within six (6) business days;
    6. communicate the Immediate Measures, by email, and when possible, in person, to both the person who has disclosed and the Respondent of the measures, copying the Sexual Violence Prevention and Response Lead;
    7. communicate, in person and in email, that these measures are not punitive and do not indicate a decision has been made by the College on this issue.
2. Meeting with NSCC’s Sexual Violence Prevention and Response Lead
  1. The Sexual Violence Prevention and Response Lead uses approaches that are trauma informed and focused on supporting the person who has been affected.
  2. When a community member chooses to speak with the Sexual Violence Prevention and Response Lead to learn more about the support available and possible college responses to the information shared, they may bring a support person with them to this or any other meeting.
  3. At the first meeting, the Sexual Violence Prevention and Response Lead will:
    1. Explore current needs, provide support, and resources
    2. Perform an initial sexual violence assessment
    3. Review any supportive measures that may be needed to be able to participate in learning, housing, and employment and in future processes
    4. Review a range of possible college responses, considering the best hopes and preferences
    5. Focus on physical and psychological safety while respecting the choices of the person who has experienced sexual violence
    6. Explain any next steps that will happen after the meeting to begin a chosen college response
3. Supportive Academic/Employment Accommodations
  1. The College will support anyone who discloses sexual violence to continue learning, living on campus, or working, including taking steps to help them feel more physically and psychologically safe. The Sexual Violence Prevention and Response Lead and or SVRT, together with the appropriate college leader and based on program or work requirements, will assess and work with those who have experienced sexual violence to put in Supportive Accommodations in place.
  2. Supportive Accommodations may include, but are not limited to:
    1. extensions on assignments
    2. deferrals of exams
    3. class or schedule changes or late withdrawal
    4. continuing studies from home
    5. change of living arrangement, work placement or work schedule changes
    6. The ability of the College to provide some supportive accommodations may be limited by:
    7. program requirements such as regulated programs, shop or lab time/schedules etc.
    8. program/course offerings
    9. how much information is shared or the level of confidentiality requested
    10. housing space availability
    11. operational requirements of the workplace
4. Anonymous Disclosures
  1. Anonymous Disclosures can be shared via email at humanrights@nscc.ca which is monitored by the Human Rights Office staff during business hours. Anonymous disclosures will be reviewed by the Sexual Violence Prevention and Response Lead and may be reviewed by the Sexual Violence Response Team.
  2. The College may be limited in what services it can provide and may have limited ability to respond to an anonymous report, depending on the information provided and the requirements of procedural fairness. While anonymity may limit the ability to Investigate or resolve a concern, an anonymous complaint can:
    1. highlight patterns of behaviour that might otherwise go unnoticed;
    2. encourage reporting from those who fear retaliation or feel unsafe;
    3. provide early warnings that may help prevent further harm;
    4. support a culture of accountability, even when people are not ready or able to come forward publicly.
  3. Where the College has information to contact the anonymous complainant, the Sexual Violence Prevention and Response Lead will reach out to the anonymous complainant to seek further information and clarification, provide information about college processes, and resource information.
5. Multiple Disclosures about the Same Person
  1. If the Sexual Violence Prevention and Response Lead identifies three (3) or more separate disclosures concerning the same individual respondent, and none of the disclosing parties has requested college action, the Sexual Violence Prevention and Response Lead will contact them to offer an opportunity to reconsider and decide whether to initiate a formal reporting process. The Sexual Violence Prevention and Response Lead may determine that they are required to complete a report and forward it to the Sexual Violence Response Team.

Requesting College Action and Purpose - Filing a Report
1. Prior to a report being completed, an initial assessment process will be completed under the guidance of the Sexual Violence Prevention and Response Lead.
2. Initial Sexual Violence Assessment
  1. The Sexual Violence Prevention and Response Lead will assess whether the matter disclosed falls within the scope of this policy, may gather additional information and will determine if the matter requires oversight of the Sexual Violence Response Team to resolve the concerns.
  2. Through this process, the Sexual Violence Response Team sometimes receives enough information to determine if there was a violation of the policy without the need for an extensive investigation process. In those cases, the Sexual Violence Response Team will take care to ensure that procedural fairness has been provided to the respondent.
  3. An initial assessment will not determine if there has been a violation of this or any other policy until the respondent has been offered an opportunity to respond to the facts of the situation. In situations where it is determined there has been a policy breach, the matter will move to either an alternative resolution approach or directly to sanctions and outcomes.
3. Filing a Report
  1. A report is a more formal statement about what happened and may lead to more action from the College. Those who have experienced sexual violence are not required to participate in the report process; however, they may choose to take part in writing the report, together with the Sexual Violence Prevention and Response Lead. Those who do not choose to participate in the writing of a report will still be given the opportunity to review it to ensure that it accurately reflects their experience. Information to inform a report may also come from someone who witnessed the incident or a third party with knowledge of the incident.
  2. Community members who request college action will be named as the Complainant in the Sexual Violence Report. The report will be shared with the Sexual Violence Response Team.
4. College Initiated Reports
  1. In some cases where people do not request college action, the Sexual Violence Prevention and Response Lead may determine that they are required to complete a report. In these cases, the College will be the one requesting that the Sexual Violence Response Team determine whether further action is required. In deciding this, the Sexual Violence Prevention and Response Lead will do so in consultation with the Sexual Violence Response Team and will consider:
    1. the best hopes and safety needs of the person who experienced sexual violence.
    2. the severity of the incident and the degree of harm caused.
    3. the potential risk to other members of the College Community or the College itself.
    4. the location of and circumstances in which the incident took place. or
    5. the College’s obligations under this Policy and/or law
5. Referral to Sexual Violence Response Team
6. Members of the 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).
  2. Additional members may be added to the team, if needed, to support the situation.
  3. The Sexual Violence Prevention and Response Lead, or designate, will chair the Sexual Violence Response Team and determine the membership of the Sexual Violence Response Team, as appropriate, to support the circumstances. However, the team will always include:
    1. In all situations: The Director, Human Rights, or the Manager, Human Rights, or their designate.
    2. When a student is involved as a complainant or respondent or witness: the Director Student Supports and the Principal(s), or their designate.
    3. When an employee is involved as a complainant or respondent: the Director, Human Resources and the Principal(s), or their designate, when a campus employee is involved as a complainant, respondent or informant. The Director, Human Resources and/or the senior college leader of the employee’s central college department, or their designate, when an employee of a central college department, or other non-student member of the College Community, is involved either as a complainant, respondent or informant.
7. Conflicts of Interest for Sexual Violence Response Team (SVRT) Members
  1. If anyone on the Sexual Violence Response Team has a personal connection to those involved in the reported experience of sexual violence, or could be biased or perceived as biased, they will step aside. Someone else will be chosen by the Sexual Violence Response Team to take their place.
8. Responsibilities of the Sexual Violence Response Team
  1. The Sexual Violence Response Team is responsible for making sure that the College responds to reports of sexual violence in a way that is:
    1. safe
    2. relationally, procedurally and substantively fair
    3. legally and ethically responsible
    4. culturally responsive and trauma informed
    5. aligned with best practices in responding to sexual violence
  2. The Sexual Violence Response Team will:
    1. oversee the College response to a report
    2. make sure everyone involved has access to support
    3. understand and respect the needs and best hopes of the person who has experienced sexual violence
    4. review immediate and interim measures as required
    5. assign someone to be the main contact for the person who has experienced sexual violence, the complainant, if different, and the person responding to a report
    6. decide the scope of the investigation needed
    7. oversee the investigation and any outcomes, including safety measures and recommendations for discipline and sanctions that address the nature of the violation
    8. decide how and when to share the results of the investigation in way that is trauma informed and survivor centered
    9. work together to address the issues and resulting harm through integrated steps that align team members' expertise and mandates while also considering operational needs.
9. Interim Measures
  1. Interim Measures are temporary, non-disciplinary measures that may be imposed on a person alleged to have caused harm.
  2. While the situation is being resolved, the SVRT may implement Interim Measures to help keep everyone safe and ensure the integrity of a resolution process.
  3. In determining appropriate support and interim measures, the safety of the person who has disclosed and of the College Community will be the most important considerations.
  4. The Sexual Violence Response Team will be responsible for the assessment and imposition of interim measures, for ensuring they are appropriate and proportionate to the seriousness of the alleged conduct, and as minimally restrictive as possible to achieve their purpose.
  5. The SVRT will take steps to minimize the impact of Interim Measures on Respondents, as appropriate. Interim Measures are not punishment and do not represent a finding of misconduct. Interim Measures terminate when the complaint resolution process is concluded.
  6. Interim Measures may include, but are not limited to:
    1. restrictions on access to campus or parts of campus;
    2. no contact/communication directives;
    3. education/employment/workplace/housing restrictions;
    4. accommodations to support the Respondent to continue to work and/or learn with the least disruption possible in the circumstances and as appropriate;
    5. in the case of an employee, a non-disciplinary, leave pending the outcome of an Investigation or resolution process may be imposed.
  7. Sexual Violence Response Team decisions about interim measures will be based on, but not limited to:
    1. consideration of any immediate measures imposed
    2. the reasonable expectations of the complainant and/or person who has experienced sexual violence
    3. potential safety risk to the person who has disclosed or any other member of the College Community
    4. the nature and/or severity of the alleged conduct
    5. reasonably credible information about patterns of conduct or previous history of sexual violence or other misconduct
    6. the potential impact of the measures on the person(s), including on their academic program and/or employment
    7. the potential impact of the measures on the living, learning or working environment
    8. any power dynamics that exist between the people involved
    9. in the case of employees, in accordance with their relevant collective agreement
    10. any other relevant information
    11. any other relevant information where there are reasonable grounds to believe that a person’s personal health and wellness are being significantly impacted and affecting their ability to successfully work and/or learn;
    12. whether there is a risk to the integrity of any potential Investigation;
    13. whether the Respondent’s presence could lead to a breach of court-imposed conditions;
    14. Public Safety may contact law enforcement where appropriate and required.
  8. When applying interim measures, the following will be provided to the respondent:
    1. an explanation of the resolution process once interim measures are put in place
    2. details of interim measures
    3. reasons for interim measures
    4. a statement that measures are non-disciplinary and not based on a presumption that the policy has been violated
    5. a statement that breaches of interim measures are considered a serious violation of the policy, will be investigated, and may result in more severe measures or sanctions in cases where there has been a change in circumstances, any person has the right to request changes to interim measures and for that request to be considered by the Sexual Violence Response Team
    6. instructions on how to request alternate interim measures and for that request to be considered by the Sexual Violence Response Team
    7. a mandatory review date for interim measures
    8. how a respondent can access services and supports while on interim measures
  9. When applying interim measures, the complainant or the person who has disclosed sexual violence will receive the following:
    1. an explanation of the process once the non-disciplinary Interim Measures are in place;
    2. details of Interim Measures that impact them;
    3. reasons for Interim Measures that impact them;
    4. statement that breaches of interim measures are considered a serious violation of the policy, will be investigated, and may result in more severe measures or sanctions
    5. instructions on what to do if the respondent breaches the interim measures
    6. instructions on how to request alternate interim measures and for that request to be considered by the Sexual Violence Response Team
    7. a mandatory review date for interim measures
10. Mandatory Review of Interim Measures
  1. All interim measures must either have an end date or a review date, which will be no later than 15 business days after they have been put in place. Interim measures may be reviewed earlier if either party has a change in circumstances that necessitates a review. After initial review, the Interim Measures are in place until completion of the complaint resolution process.
  2. All people involved must be advised that any change in circumstance that will impact the effectiveness of the interim measures should be reported to the Sexual Violence Prevention and Response Lead in advance of the review date. The Sexual Violence Response Team will determine who will be responsible for periodic check-ins with the parties. The Sexual Violence Response Team will determine what the next step will be if any of the people involved do not respect the interim measures.
  3. If the Sexual Violence Response Team is considering amending or reconsidering interim measures, both parties will be consulted, and any changes will be provided in writing to all impacted parties.
11. Confidentiality, Reporting, and its Limits
  1. The College will make every reasonable effort to protect the privacy of those making reports under this policy and procedure however, confidentiality cannot be guaranteed in all circumstances.
  2. Confidentiality cannot be assured in cases where:
    1. it prevents the College from properly addressing the concern or complaint or taking necessary and appropriate action;
    2. the person facing allegations needs enough information to be able to respond fairly;
    3. someone appears to be at immediate risk of causing harm to 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 facing allegations 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.
  3. The College has a responsibility to balance the requests of the person who has disclosed a concern under this policy with its obligation to protect the College Community and a legal responsibility towards procedural fairness.

College Action - Relational and Restorative Resolution Options and Alternate Resolution Options
1. Do not require an investigation or may be engaged after an investigation
2. Relational, Restorative, and Alternative Resolution Options may be appropriate in some sexual violence matters. These are available where appropriate by the Sexual Violence Prevention and Response Lead and/or the Sexual Violence Response Team. In determining whether Relational, Restorative and Alternative Resolution Options are appropriate, the Sexual Violence Prevention and Response Lead will take into consideration the initial sexual violence assessment, the best hopes of the person who has experienced sexual violence, the level of harm, risk, and complexity of the incident.
3. These options will be initiated and coordinated by the Sexual Violence Prevention and Response Lead and will consider fairness, be trauma informed, survivor-centric, and utilize an intersectional lens.
4. Relational and Restorative Resolution Options
  1. The goal of a Relational and Restorative Resolution Options is to restore a healthy, respectful community. They are focused on creating space for understanding impact and repairing harm. These processes can help support healing, and lead to meaningful changes in behaviour or the campus environment. The outcomes may focus on interpersonal accountability, learning, restoration, or all of these, depending on the situation.
  2. Restorative options are voluntary, and a person can withdraw at any time.
  3. If someone chooses to leave a relational and restorative option, or if the person facilitating the process determines it is no longer safe or likely to result in agreement, the Sexual Violence Response Team may be convened to decide what to do next, which could include starting an investigation or using another way to resolve the incident of sexual violence.
  4. In many cases, a relational or restorative resolution can only become an option once the person who has been accused of sexual violence acknowledges responsibility for their actions. In some cases, these options can occur after an investigation.
    1. Mediated/Facilitated Discussion: Guided conversation processes with a trained facilitator, to help both people understand fully and move forward. Some facilitated discussion options do not require people to be in the same room for this to happen.
    2. Mi’kmaq & Indigenous Process: Where possible, students or employees who identify as Mi’kmaq or Indigenous may wish to resolve the matter through an Indigenous resolution approach. The Sexual Violence Response and Prevention Lead will determine whether the situation allows for this type of approach, considering risk and complexity of the situation and in consultation with the appropriate first voice representative.
    3. African Nova Scotian Restorative Process: Where possible, students or employees who identify as African Nova Scotian or of Black/African descent can request a restorative process that is informed by African Nova Scotian knowledge, customs, and experience of historic, structural, and systemic injustices. The Sexual Violence Response and Prevention Lead will determine whether the situation allows for this type of approach, considering risk and complexity of the situation and in consultation with appropriate first voice representative.
    4. Other Restorative Processes: These can be tailored to the situation and guided by the College’s Respectful Community Guidelines.
5. Alternative Resolution Options
  1. Alternative Options that do not include forms of dialogue can also be helpful to resolve concerns under this policy. Examples can include:
    1. No Contact Agreement: The people involved agree to not have further contact with one another or seek out the other person.
    2. Impact Statement or Conversation: A form of communication to explain how the behavior affected the person who experienced sexual violence and to plan to move forward in a safer way.
    3. Education and Training: The person who caused harm may take responsibility for the harm they caused and then take part in learning opportunities to better understand the impact of their actions, with the goal of changed behaviour. Occasionally, the learning can be extended to a class or professional development for a department.
6. Agreements Reached through Relational and Restorative and/or Alternative Resolution Options
  1. If an agreement is reached through a restorative or alternative option, it will be written down and signed by the participants and retained by the Sexual Violence Prevention and Response Lead. Copies will be shared with those involved and kept on file with the HRO. The Sexual Violence Response Team will assign people, often student services staff, to make sure the agreement is followed. If the agreement is not followed, the Sexual Violence Response Team may decide whether an investigation or other accountability process is required. Where a matter is not resolved through alternative processes, all involved will receive notification and will be advised of next steps to resolve the matter.

College Action - Investigation Process
1. Determining whether an Investigation is Required
  1. In deciding whether Investigation is required, the SVRT will consider:
    1. the facts available;
    2. the requests and safety needs of the person who experienced Sexual Violence;
    3. the severity of the incident and the degree of harm caused;
    4. the potential risk to other members of the College Community or the College itself;
    5. the location and circumstances in which the incident took place;
    6. the College’s obligations under this Policy and any legal requirements;
    7. whether another Investigation involving the same circumstances is occurring, or the complaint is already the subject of a grievance or an application before the Human Rights Commission of Nova Scotia.
  2. When the Sexual Violence Response Team decides that an investigation is required to comply with policy and/or legislative requirements, the Sexual Violence Response Team will:
    1. notify the person who made the report, the complainant
    2. notify the person who experienced harm
    3. notify the person the report is about, the respondent
    4. offer support options, including culturally responsive services, where available
    5. assign a support person to the complainant, the person who experienced sexual violence (if different from the complainant) and the respondent
    6. wherever possible, assign two investigators, with sexual violence investigation experience. If two investigators are not possible, the investigator assigned will have sexual violence investigation experience
  3. If the College declines to investigate or determines that the matter is not sexual violence and should be dealt with under another policy, both the complainant and respondent will be informed.
2. Rights Throughout the Investigation Process
  1. Rights Throughout the Investigation Process
    1. The College acknowledges that by its nature, an investigation can be a stressful process for anyone involved.
    2. During an investigation, the person who experienced Sexual Violence has the right:
      1. to make an informed decision whether they will participate in the investigation
      2. to be treated with respect, care and compassion
      3. to be informed of the time frame involved in the investigation process
      4. to be informed of the limits of confidentiality within the investigation process, including the limits of the College’s ability to fully investigate without their participation in the investigation process
      5. to have their privacy protected to the extent possible
      6. to be informed of and be able to respond to any allegations made by the respondent or other witnesses before there are any findings by the investigators
      7. to suggest witnesses to the investigators
      8. to be informed of the outcome of the investigation, including any discipline or other sanctions imposed, where privacy considerations allow
      9. to receive a detailed summary of the investigation report that includes the factual findings and the findings of whether there has been a breach of any policy
      10. to view a copy of the investigation report, redacted by the College of any irrelevant, personally identifying, or personal information of third parties, including witnesses
  2. During an investigation, the respondent has the right:
    1. to be treated with respect, care and compassion
    2. to be informed of the time frame involved in the investigation process
    3. to be informed of the limits of confidentiality within the investigation process
    4. to have their privacy protected to the extent possible
    5. to be informed of and be able to respond to any allegations made by the complainant or other witnesses before there are any findings by the investigators
    6. to suggest witnesses to the investigators
    7. to be informed of the possible consequences of refusing to participate in the investigation process
    8. to be informed of the outcome of the investigation, including any discipline or other sanctions imposed
    9. to receive a detailed summary of the investigation report that includes the factual findings and the findings of whether there has been a breach of any policy
    10. to view a copy of the investigation report, redacted by the College of any irrelevant, personally identifying, or personal information of third parties, including witnesses
3. Withdrawing from the Process
  1. Community members who have experienced sexual violence can choose to stop participating in meetings or recommended processes at any time. The Sexual Violence Response Team may decide that an investigation must continue without their participation if:
    1. the incident was severe
    2. there is risk to others
    3. the location or situation raises safety concerns
    4. there is a likelihood of effective resolution without the participation of the person who experienced sexual violence
    5. there are other legal requirements
    6. the Sexual Violence Response Team determines that a matter must proceed with an investigation; in such cases, the community member will be notified and provided reasons by the Sexual Violence Prevention and Response Lead
4. Appointment of Investigators
  1. The College will assign trained investigators who understand how to conduct sexual violence investigations in a trauma-informed, culturally responsive, fair, and respectful way. Wherever possible, two investigators will be assigned.
  2. The Sexual Violence Response Team may also determine that due to the nature of the circumstances, the investigation should be assigned to an investigator who is external to the College.
  3. Once investigator(s) are assigned, the complainant, person who experienced sexual violence, if different from complainant, and respondent will be informed of the name of the investigators, and they should expect to be contacted by them to set up an interview meeting.
5. Right to A Support Person
  1. Any person participating in an investigation under this policy may have a support person of their choosing present during sexual violence disclosure and/or report related meetings or interviews. Any unionized employee may also be accompanied by a union representative.
  2. A person who is likely to be interviewed as a witness in the investigation will not be allowed to also act as a support person to ensure the integrity of fairness throughout the investigation. A support person does not participate in the meeting or process.
6. Scope of the Investigation – What the Investigation Covers
  1. The Sexual Violence Prevention and Response Lead, in consultation with the Sexual Violence Response Team, and, if deemed necessary by the SVRT, the investigators, will determine the scope of the investigation, what the investigation will focus on, and which policies will be involved in the investigation.
  2. If out-of-scope issues are brought to the attention of the investigators, the investigators will bring the matter to the attention of the Sexual Violence Prevention and Response Lead and or chair of the Sexual Violence Response Team. The Sexual Violence Response Team may request that the investigation expand the scope to include the new issue. Where the scope of an investigation is expanded, the SVRT will inform the complainant and the respondent.
7. Risk to Safety or Violation of Criminal Law
  1. If an investigator receives information which suggests there is a risk to the safety of an individual or the College, or that a violation of criminal law may have occurred, the investigator(s) should, at the first opportunity, disclose this information to the Sexual Violence Prevention and Response Lead or chair of the Sexual Violence Response Team and the Principal or Senior College Leader, as applicable.
  2. If the information disclosed by the investigator(s) requires immediate action to address imminent risk of harm, the Sexual Violence Prevention and Response Lead or chair of the Sexual Violence Response Team, in consultation with the Principal or Senior College Leader may impose immediate measures without convening the SVRT. If the information does not require immediate action, the chair of the Sexual Violence Response Team will convene the SVRT to consider the information disclosed by the investigator(s) and determine what action, if any, should be taken.
8. External Investigations
  1. If the same situation is being investigated by the police or another outside organization, such as the Nova Scotia Human Rights Commission, the College may decide to either:
    1. pause the investigation, or
    2. continue alongside the external process
  2. This decision is based on safety, fairness, and the needs of everyone involved. If the College pauses the investigation, it will still offer support and safety measures such as accommodations or interim measures. The College will cooperate with law enforcement, while following internal policies and procedures.
9. Confidentiality of Investigations
  1. All participants are required to keep the Investigation and any information shared with them during an Investigation, confidential.
  2. Investigations are a serious process and often require participants to be aware of information that they would normally not know, for example, that the action of a co-worker or peer is being investigated, or that a fellow student is a witness in a matter. All individuals involved in an Investigation process will be advised of their duty to maintain the confidentiality of all information disclosed to them or by them, including any personal information. This is different than a Non-Disclosure Agreement and intended to protect the integrity of the Investigation process.
10. What Investigators Do – Steps in the Investigation Process
  1. The investigators will usually meet with the complainant, the person who experienced sexual violence if different from complainant, the respondent, and any witnesses who they believe have relevant information.
  2. The Investigator(s) will ask those being interviewed to provide information they have about the matter that may assist the Investigator(s) in determining what happened.
  3. Everyone who participates in an Investigation will be requested to keep the Investigation and their participation confidential to protect the integrity of the process.
  4. The investigators will review any documentation that they request or receive, which can include many things such as text messages, emails, screenshots, audio and video files, etc.
  5. To ensure procedural fairness, the investigators will ensure that the respondent is aware of the allegations in advance so they can provide a meaningful response.
  6. Sometimes investigators receive new information when they talk to different people. In those cases, they may have an additional meeting with the complainant and or person who has experienced sexual violence, if different, and/or the respondent to ensure that they have had an opportunity to respond to any new information that will be considered by the investigators.
  7. If new issues are brought up in an investigation interview that the investigators believe relate to the scope of the investigation, the investigators will contact the Sexual Violence Prevention and Response Lead to ask if the Sexual Violence Response Team wants the investigators to also consider those issues as part of the investigation.
  8. Investigators approach each case with an open mind and avoid making assumptions. They gather all relevant information from all parties and witnesses before deciding what is more likely than not to have occurred.
  9. The investigators make decisions about what has happened based on a balance of probabilities, meaning that they determine what is more likely than not to have happened. They analyze this against the policies they have been asked to consider, determining whether there has been a breach of a policy.
  10. The investigators then write a report that outlines how they determined what was more likely than not to have happened and whether a breach of the policy has occurred.
11. Investigation Report
  1. The investigation report will be provided to the Sexual Violence Response Team, who will meet within five (5) days of receiving the investigation report. The Sexual Violence Response Team will decide whether they wish to accept the report, reject the report, or send it back to the investigators with instructions to further investigate.
12. Timelines for Investigation
  1. Wherever possible, investigations will be completed within 65 business days. These timelines are guidelines only, and there will be situations where an investigation will be shorter or longer, depending on the circumstances and the complexity of the investigation.
  2. The investigation should be finished within 40 business days, after which the investigators write a report with their findings, usually within 15 business days.
  3. The Sexual Violence Response Team will review the report within five (5) business days of receiving it and will decide if more investigation is needed. If more investigation is needed, the Sexual Violence Response Team will ask the investigators to continue and set a new timeline for completion. The remaining 5 days are used to determine appropriate sanctions, if applicable.
  4. The complainant, person who experienced sexual violence, if different from complainant, and the respondent will then be notified of the outcome of the investigation and any sanctions that impact them directly.
13. Conclusion of Investigation
  1. After the Sexual Violence Response Team determines the investigation is complete, they will decide whether to accept or reject the investigators’ conclusions regarding whether the sexual violence policy and/or any other policies were violated, determining whether the findings of fact support the conclusion.
  2. Where a report is not accepted, the complainant, the person who experienced sexual violence if different from complainant, and respondent will be advised that the report was not accepted, with general information about why the report was not accepted. The SVRT will determine any next steps and communicate this information to the Complainant and the Respondent, which may involve Relational and Restorative or Alternative Resolution Options.
14. Notification of Outcomes
  1. The complainant, the person who experienced sexual violence, if different from complainant, and if they have chosen to participate in the investigation, and the respondent will be notified of the decision to accept the findings of the investigation.
  2. Both the complainant and respondent’s outcome letter will include the same summary of the investigators’ findings, and outcomes where privacy considerations allow.
15. Outcomes and Disciplinary Measures
  1. If a respondent has been found to be in violation of the Sexual Violence policy, the Sexual Violence Response Team will make trauma informed and survivor centered recommendations regarding any remedial measures and/or sanctions related to the safety and well-being of the person who has experienced sexual violence, including any conditions to be placed on the respondent to ensure the safety of the College Community.
  2. In the case of a student, the findings and recommendation will be shared with the Campus Principal, Director Student Supports, and, in the case of an Adult Learning Program student, the Dean, for consideration under the Student Community Standards policy. Recommended sanctions may include dismissal with a requirement to meet specific conditions before their return, and in such cases, a “campus consult required” will be placed on their file with the Registrar’s office. Additional disciplinary measures may be determined by the Campus Principal.
  3. If the respondent is an employee or non-student member of the College, the Sexual Violence Response Team will share the findings and recommendations with Human Resources. Final disciplinary measures, if deemed appropriate in the circumstances, are determined by the Director, Human Resources, in consultation with the Senior College Leader of an employee’s central department or designate.
  4. The Sexual Violence Response Team is to be kept apprised of outcomes and disciplinary measures, and the Sexual Violence Prevention and Response Lead will be included in final correspondence to respondent for accurate record keeping.
  5. The following will be considered when imposing a sanction:
    1. the nature and severity of the incident
    2. the impact of sexual violence on the complainant and the remedy sought
    3. the impact that sexual violence can have on communities
    4. procedural fairness as applicable in the context
    5. the principle of progressive discipline with sanctions and the College’s role as an educational institution
    6. the requirements set by applicable college regulations or collective agreements
    7. whether there was intent
    8. the context in which it occurred
    9. whether the respondent accepts responsibility for their actions
    10. aggravating or mitigating factors, health or personal issues
    11. any record of previous policy breaches
    12. any other relevant factors
16. Respondent Student Withdraws before Investigation Period Concludes
  1. Where a student respondent has withdrawn from the College during the investigation period, a notation will be made on their student file that the Director Student Supports, and Sexual Violence Response Lead should be notified if the student is seeking re-admission. The Sexual Violence Response Team will meet to determine whether there are outstanding sanctions and/or remedial measures resulting from an investigation. Where it is determined that there are outstanding sanctions, those sanctions and remedial measures may be applied before the student is permitted to re-enroll.
17. Sharing Investigation Report and Information
  1. The Sexual Violence Response Team, to the extent it considers it to be appropriate or necessary, may also share all or part of the investigation report, redacted as appropriate, its decision, mitigation steps, discipline, remedial measures, or information received during the investigation with:
    1. the complainant, the person who has experienced sexual violence, if different from complainant, and/or the respondent to allow them an opportunity to review the investigation report in the presence of a Sexual Violence Response Team member
    2. any person believed to be necessary to implement due diligence to prevent similar or related violence in the future
    3. any person or authority required by legal, regulatory or contractual obligation
    4. appropriate college representatives for their consideration and action as needed
18. Requesting a Review of Investigation Findings
  1. A complainant or respondent who is a member of a union can seek a SVRT decision review of the decision to accept investigation findings as provided for under the grievance procedures in the applicable collective agreement.
  2. Complainants or respondents who are non-unionized employees or are students can request a review of the decision of the Sexual Violence Response Team to accept the findings of the investigation by submitting a request to the Director of Human Rights
  3. A review is not a hearing or re-hearing of the evidence. All Interim Measures will remain in place, subject to requirements to review Interim Measures, during the period of review of the decision to accept the Investigation findings.
  4. Grounds for review of the decision to accept the Investigation findings are limited to the following:
    1. the finding is unsupported by evidence;
    2. new, relevant information, not reviewed at the time of the Investigation or at the time the decision to accept the Investigation findings was made, is available and potentially could change the findings;
    3. denial of procedural fairness, such as a procedural error, failure to provide notice or opportunity to respond, bias or reasonable apprehension of bias.
  5. All review requests must be submitted to the Director, Human Rights, in writing within seven business (7) days after the decision to accept the Investigation findings is sent to the Complainant and the Respondent, and should include the following:
    1. a statement of the grounds for review;
    2. a statement of the facts relevant to the grounds for review;
    3. a statement of what the person requesting the review is seeking;
    4. copies of relevant documents that support the request for review;
    5. in the event of evidence that was not available at the time of the Investigation, information about why that evidence was not available during the Investigation, and copies of that evidence or witness statement.
  6. The Director will assign an independent reviewer with expertise in fairness, Investigations, and sexual violence who has no previous association with the matter. The reviewer may be internal or external to the College.
  7. In any request for a review, the other party or parties to the matter under review, Respondent or Complainant, will be given an opportunity to respond to the information in support of the request for a review within 5 business days of being notified of the review process.
  8. A request for review that is not supported by valid grounds will be dismissed. Reviews that are supported by valid grounds may result in the matter being returned to the Sexual Violence Response Team for further consideration or, in rare circumstances, a new investigation.
  9. All records for review will be stored confidentially with the HRO.
  10. Review decisions are final.
19. 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.
20. Retaliation
  1. Retaliation towards someone who makes a complaint or supports someone in making a complaint is strictly prohibited, regardless of whether the original complaint is substantiated. It is considered a serious violation of this policy and will be addressed independently of the outcome of the initial complaint.
21. Abuse of Process
  1. If someone makes a complaint that is clearly false or made with the intention of harming another through a false report, it will be treated as a misuse of the process. This is a violation of this policy and the Student and Employee Community Standard Policies and could lead to disciplinary action.
22. Other Processes
  1. If a complaint is already the subject of an Investigation, grievance, or an application before the Human Rights Commission of Nova Scotia, the College may suspend the complaint resolution process under this policy until the completion of the other process.
23. Records Management
  1. Throughout the course of the disclosure, reporting or resolution process, records will be securely and confidentially stored with the Human Rights Office.
  2. At the conclusion of the report process, all records will be securely and confidentially stored with the Human Rights Office exclusively. These records will be kept for a period of 7 years after the respondent has left the College and will be destroyed according to NSCC’s file retention and destruction guidelines for Human Resources.
  3. No documentation of sexual violence, including any materials resulting from a formal complaint process will be placed on the complainant, informant, or respondent's official employment file or student record. At the conclusion of an investigation, should it be determined that sexual violence did occur, and where disciplinary action was taken, the letter of discipline is the only documentation that will appear on the respondent's official employment file or student record.
24. Using Data to Improve Safety
  1. The College may use anonymous data (with no names or personal details) to:
    1. look for patterns or trends
    2. help improve safety and support across the College

Appendix 1 - Province-Wide Resources

Emergency 911
https://breakthesilencens.ca/
Wellness and counselling services for students | NSCC including Crisis Support
Dial 811 Health and information services. For the hearing-impaired, call 7-1-1 (TTY). Service is offered in English, French and interpretation services for over 100 languages. A Registered Nurse is available for advice and information on all health matters including sexual violence.
Dial 211 Free confidential and referral service across Nova Scotia.
1-888-429-8167 Mental Health Mobile Crisis Telephone Line
1-855-379-2099 NS Mi’kmaq Crisis and Referral Line. Support for Mi’kmaq people across the province
1-800-563-2945 Transition House of Nova Scotia. Emotional support and referrals for women who have been abused.
Nova Scotia Rainbow Action Project E-mail:
1-800-387-4765 (English) 1-800-361-5676 (French); TTY Service, 1-877-338-0275. Employee and Family Assistance Immediate assistance available 24 hours a day 7 days a week. Or visit Shepell.fgi online services at com
Victim Services – Nova Scotia Toll free numbers for provincial offices: https://novascotia.ca/just/victim_Services/contact.asp
Nova Scotia Public Prosecution Service Regional Office contact information: https://novascotia.ca/pps/contact.asp
Legal advice for sexual assault: https://novascotia.ca/sexualassaultlegaladvice/
Wellness and counselling services for students | NSCC
Student Support Program: English 1-855-649-8641, TDD: 1-877-338-0275 (Hearing impaired), French 1-800-363-3872, ATS: 1-800-263-8035 (personnes malentendantes)