Sexual Violence Procedure - Disclosure & Reporting

Ref. No.	Executive sponsor	Policy steward	Approval authority	First approved	Last reviewed	Effective date	Next review
39.02

Purpose
1. Objective
  NSCC Sexual Violence procedures are intended to address how the College will respond to a Disclosure or a Report of Sexual Violence.
2. Authority
  For clarification or additional information pertaining to these procedures, please contact the following individual:
  
  Sexual Violence Prevention and Response Lead
  Nova Scotia Community College
  5685 Leeds Street
  Halifax, NS B3J 2X1
  902 491-8898

Procedures
1. Along with maintaining the safety and wellbeing of the College Community, the wishes of a person who has experienced or been impacted by sexual violence are very important. Confidentiality cannot always be assured with each option. Please read this section carefully to understand the difference between disclosure and reporting and find the best option for you.
2. Disclosures
  If you have experienced or been affected by Sexual Violence
  It is important to know it is not your fault and you are not alone. It does not matter whether you’ve experienced sexual violence on or off campus. The College has supports for you. You may choose to disclose to a member of the College community. If you want to talk to someone, there are a few options:
  1. For Students
    1. Confidential Disclosure - Talk to an NSCC “Campus Counsellor” (“ALP Counsellor” or “Counsellor, Personal and Career”)
      1. If you elect to speak with a Campus Counsellor you will receive emotional support, resources and advice and can discuss options available to you including possible accommodations and reporting options. Contact Student Services at your campus to book an appointment or contact a counsellor directly: http://nscc.sharepoint.com/services/Pages/Find-a-counsellor.aspxCampus Counsellors’ professional position carries specific confidentiality obligations. They are required to adhere to their professional protocols that govern their behaviour and practice. Campus Counsellors treat Disclosures as confidential, and only in exceptional circumstances, as required by law and their professional protocol, will confidentiality be compromised. A Campus Counsellor will always advise a client if they cannot maintain confidentiality. Some examples of when a Campus Counsellor cannot maintain confidentiality include:
        a. When served with a court order.
        b. Where there is risk of child abuse as defined by provincial legislation.
        c. There is evidence of clear and imminent danger to self and/or other(s).
    2. Disclosure- Talk to any NSCC employee
      1. If you elect to speak with an NSCC employee, confidentiality cannot be guaranteed. Once an employee learns of an incident of Sexual Violence, the employee has a duty to notify and consult with the Sexual Violence Prevention and Response Lead about the incident within two days as detailed in section 2.4. A Report is not required, and normally no names need to be provided. However, the Sexual Violence Prevention and Response Lead’s action upon receipt of a disclosure are set out in section 2.5. The limits to confidentiality described in section 4.8 of the Policy for both students and employees will apply. Confidentiality cannot be assured when:
        a. confidentiality would inhibit the effective investigation, processing, resolution or referral of reports or the imposition of disciplinary or remedial action.
        b. an individual is at imminent risk of self-harm.
        c. an individual is at imminent risk of harming another.
        d. a child or other vulnerable person(s) has been harmed or is at imminent risk of being harmed.
        e. disclosure is required under the law.
        f. the respondent is a person in a position of trust and/or authority.
        g. other significant safety risks as determined by NSCC.
    3. Disclosure- Contact Human Rights, Equity and Inclusion
      1. Human Rights, Equity and Inclusion will provide information on disclosure and reporting options and possible resolutions. Confidentiality cannot be guaranteed as noted above in Section 2.1b.
      2. Anonymous inquiries can be made by contacting the Sexual Violence Prevention and Response Lead by phone at 902-471-7536. The limits to confidentiality described in section 4.8 of the Policy for both students and employees will apply.
  2. For Employees
    1. Confidential Disclosure - Contact the Employee and Family Assistance Program (EFAP)
      This is confidential. You can receive counselling and information about supports, services and community resources. By phone: 1.844.880.9137 www.workhealthlife.com
    2. Disclosure - Talk to any NSCC employee
      Confidentiality cannot be guaranteed as noted in Section 2.1b. Once they learn of an incident of Sexual Violence, the employee has a duty to consult and is required to notify and consult with the Lead, Sexual Violence Prevention and Response about the incident within two days as detailed in section 2.4. A report is not normally required, and no names need to be provided. The limits to confidentiality described in section 4.8 of the Policy for both students and employees will apply.
    3. Disclosure - Contact Human Rights, Equity and Inclusion at 902-471-7536 or
      1. Confidentiality cannot be guaranteed as noted in section 2.1b. Human Rights, Equity and Inclusion will provide information on reporting options and possible resolution
      2. Anonymous inquiries can be made by phone at 902-471-7536. The limits to confidentiality described in section 4.8 of the Policy for both students and employees will apply.
  3. Supports Available
    1. Disclosure will enable a person who has experienced sexual violence 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 accommodations from the College.
      3. possible interim measures; and
      4. the Reporting processes.
    2. The ability of the College to provide the above supports may be limited by how much information is shared and the level of confidentiality being requested by the person who has experienced sexual violence. More information on Supports are available here: https://nscc.sharepoint.com/services/Pages/get-support.aspx
  4. What to do if Someone Discloses Sexual Violence
    1. In order to support someone who disclosures sexual violence, members of the College community can:
      1. Listen with the intent to understand their experience and what they are hoping for as a result of sharing their experience.
      2. Inform them about any limits to confidentiality that might apply as soon as possible (see above and section 4.8 of the Sexual Violence Policy).
      3. If you are an employee who is not a counsellor be sure to include your duty to consult with the Sexual Violence Prevention and Response Lead within two days to assess for safety, risk, and the collection of non-identifying statistical information as detailed in section 2.4. In most cases names will not need to be provided at this stage.
      4. Provide the person information regarding available counselling services offered by the College, by referring them to an NSCC Counsellor or https://nscc.sharepoint.com/services/Pages/get-support.aspx
      5. Provide information regarding external supports, culturally relevant supports and medical care, where possible.
      6. Refer to NSCC’s website page on Sexual Violence Support: https://www.nscc.ca/study-at-nscc/student-supports/wellness-counselling-services/sexual-violence-support/index.asp
      7. Ask them how they would prefer to communicate regarding this matter going forward –, in person, by phone, or through email.
      8. Offer to provide a copy of the Sexual Violence Policy and Procedures.
      9. Inform them of their options to report to local police or exercise their rights (where applicable) under Collective Agreement(s) or Nova Scotia Human Rights Act.
      10. Notify and consult with the, Sexual Violence Prevention and Response Lead within 2 days about the Disclosure as detailed in section 2.4.
  5. Duty to Consult with the 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 (2) days.
  6. College Response to Disclosures
    1. Trauma Informed Approach
      1. NSCC understands the importance of applying trauma-informed and survivor-centric approaches in responding to a Disclosure of Sexual Violence. The Sexual Violence Prevention and Response Lead will guide the Campus and the Sexual Violence Response Team (SVRT) in applying these approaches to support those involved during the response process.
    2. Upon receipt of a Disclosure, the Sexual Violence Prevention and Response Lead will act immediately to complete a preliminary assessment to determine whether the disclosed matter falls within the scope of this Policy and requires the oversight of the Sexual Violence response Team (SVRT) to bring to appropriate resolution. If so, the Lead, Sexual Violence Prevention and Response as Chair, will convene the Sexual Violence Response Team (SVRT) with membership as detailed in section 2.9.
    3. Based on findings of the process noted in section 2.5 b), the Sexual Violence Prevention and Response Lead may determine a Report needs to be completed based on:
      1. the severity of the incident and the harm inflicted.
      2. the potential risk to other members of the College Community or the College itself.
      3. the location of and circumstances in which the incident took place; or
      4. reasonable necessity to comply with the College’s obligations under this Policy and/or its legal obligations.
  7. Filing a Report
    A Report is a written allegation of sexual violence initiated by the Sexual Violence Prevention and Response Lead and submitted to the Sexual Violence Response Team. A Report is based upon a Disclosure.
    1. A Report may be initiated by the Sexual Violence Prevention and Response Lead following a Disclosure by a member of the College Community or visitor who has experienced sexual violence, witnessed sexual violence, or is a third party with knowledge of an incident of Sexual Violence.
    2. The same steps to support the person(s) when making a Disclosure (see section 2.3) need to be taken when filing a Report. The decision to file a Report by the Sexual Violence Prevention and Response Lead should always consider the wishes of the person who has experienced sexual violence in addition to the factors considered in section 2.5c.
    3. A Report typically initiates a fact-finding process conducted by the Lead, Sexual Violence Prevention and Response and may result in a range of accommodations, actions, or sanctions as noted in the Procedures in Section 2.10 and 3.5.
  8. Withdrawal of Report
    The complainant will not be compelled to participate in the preparation of a Report and will have the right to discuss and determine their participation in relation to matters related to a Report at any point. The College may still proceed with a fact-finding process depending on:
    1. the severity of the incident and the harm inflicted.
    2. the potential risk to other members of the College Community or the College itself.
    3. the location of and circumstances in which the incident took place; or
    4. where the Sexual Violence Response Team (SVRT) considers it to be reasonably necessary to comply with the College’s obligations under this Policy and/or its legal obligations.
  9. Emergency Reporting of Sexual Violence
    Sexual Violence can constitute an emergency and may not allow for activation of a Report and SVRT response. If immediate medical attention is needed or there is a significant concern for safety, call 911 and/or Campus Security, and activate the emergency blue pull station (SARA). Consider how the person who has experienced sexual violence wants to be supported whenever possible and always let them know what action you are taking, and when. Contact the Sexual Violence Prevention and Response Lead as soon as you can at 902-471-7536 and within 2 days to fulfill the Duty to Consult requirement. The safety of the person(s) involved is always of utmost importance.
  10. Sexual Violence Response Team (SVRT)
    1. Membership
      The Sexual Violence Prevention and Response Lead or designate, will Chair the SVRT and determine the membership of the SVRT as appropriate to support the circumstances. However, the team will always include:
      1. the Executive Director, Human Rights, Equity and Inclusion or designate.
      2. the Associate Vice President (AVP), Student Affairs and the Principal(s), or their designates, when a student is involved as a complainant, respondent, or informant.
      3. the Director, Organizational Development and the Principal(s), or their designates, when a campus employee is involved as a complainant, respondent or informant.
      4. the Director, Organizational Development 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 a non-student member of the College Community, is involved either as a complainant, respondent or informant.
        
        In the event any of the above positions on the SVRT is the complainant, informant or respondent, they shall be excluded from the SVRT deliberations for that Report, and a designate will serve in their place.
    2. Conflict of Interest
      If a member of the SVRT or an Investigator has a real or perceived conflict of interest in a particular matter, or there is reasonable apprehension of bias, then that individual will not continue their involvement in the matter and the SVRT will appoint an appropriate individual to act in that role if necessary.
    3. Role and Responsibilities
      The SVRT will endeavour to balance the complainants’ wishes (including communication procedures, fact-finding processes, and confidentiality), with the College’s need to take appropriate action to promote a safe learning and working environment, adhere to concepts of procedural fairness, and the College’s legal obligations. The SVRT has overall responsibility for Reports, and:
      1. overseeing the College/campus response to a Report.
      2. overseeing and advising on supports as required for all parties in a complaint.
      3. understanding the complainants’ wishes and ongoing wishes throughout the process.
      4. designating which College Member will be the central source of information about the response process for the complainant and the respondent, including facilitating a flow of communication between the complainant to the SVRT as determined appropriate and determining if other policies and procedures apply
      5. considering the wishes of the complainant regarding what level of fact-finding process is required, including:
        
        whether Alternative Resolution is an option.
        
        whether an investigation of a Report under this Policy will be needed; for example, if the subject matter of the Report has been or is being investigated under this or another policy, Act, procedure or collective agreement or an external body such as the police or other legislative authority, the SVRT may not commence an investigation immediately.
      6. determining investigation scope based on Policy definitions, presenting information, and other relevant factors.
      7. overseeing the investigation and its outcome including referral of the investigation findings to appropriate College representatives, as well as providing recommendations concerning discipline, mitigation steps or remedial measures.
      8. determining how, in what order and in what way the findings of any investigation are communicated to the complainant and the respondent.
  11. Accommodations and Interim Measures
    1. The intention of accommodations is to support the person who discloses an experience of sexual violence, including the complainants’ ability to continue to learn and work at NSCC, which includes increasing their physical and psychological safety. The Sexual Violence Prevention and Response Lead, along with the appropriate College Leader and in keeping with specific program requirements will be responsible for the assessment and imposition of accommodations, 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 work placement or work schedule changes.
    2. The College may determine that interim measures are required. Interim measures are temporary, non-disciplinary measures that may be imposed on a person, usually the person alleged to have committed Sexual Violence, which may include:
      1. restrictions on access to campus or parts of campus.
      2. no contact/communication orders.
      3. education/employment/workplace restrictions.
      4. accommodations to support the respondent to continue to work and learn with the least disruption practicable in the circumstances. In making any accommodations, the safety and security of the complainant will be paramount.
      5. In the case of an employee, a non-disciplinary, paid leave pending the outcome of an investigation may be imposed.
    3. Circumstances in which interim measures may be implemented include, but are not limited to when:
      1. there are reasonable grounds to believe that a respondent’s continued presence poses a significant threat and/or risk to the safety or security of themselves, others or to property.
      2. the respondent’s presence could lead to a breach of court-imposed restrictions (e.g. release or probation conditions or a peace bond including a non-association order) or where the College is unable to reasonably accommodate the conditions.
      3. there are reasonable grounds to believe there is risk to the normal or effective operation of all or part of the College.
      4. there are reasonable grounds to believe that a person’s personal health and wellness are being significantly impacted and affecting their academic success and/or conduct.
      5. there is risk to the integrity of any potential investigation, such as when someone’s presence could jeopardize an investigation of the incident.
    4. The SVRT will be responsible for the assessment and imposition of interim measures. It endeavours to ensure interim measures are appropriate and proportionate to the seriousness of the alleged conduct, and as minimally restrictive as possible to achieve their purpose. Interim measures will be based on, but not limited to:
      1. Consideration of the reasonable wishes of the complainant.
      2. potential safety risk to the complainant or person making the report.
      3. the nature and/or severity of the alleged conduct.
      4. reasonably credible information about patterns or conduct or previous history of Sexual Violence or other misconduct.
      5. the potential impact of the measures on the person(s), including on their academic program and/or employment.
      6. the potential impact of the measures on the learning or working environment.
      7. in the case of employees, in accordance with their relevant collective agreement; and
      8. any other relevant information.
    5. Interim Measures will be communicated in writing to the Respondent by the appropriate College Leader. Should the Respondent wish to appeal, challenge or modify interim measures, they may connect with the Sexual Violence Prevention and Response Lead who, along with the appropriate College Leader and in keeping with specific program requirements, will be responsible for the variation of interim measures.

Process for Managing a Disclosure or Report
1. Fact-finding Process
  An initial fact-finding process can be completed by the campus/department under the guidance of the Sexual Violence Prevention and Response Lead and other SVRT members, as appropriate. An initial fact-finding process may help determine whether a complaint falls within scope of the Policy. The SVRT has discretion to determine whether there is sufficient information/evidence to determine if there was a violation of the Policy without the need for a formal investigation process. The SVRT will determine the appropriate fact-finding process which may involve an investigation under the Sexual Violence Policy and these Procedures. The determination of whether an investigation will be mandated will depend on the level of harm, risk and complexity of a Disclosure or Report.
2. Concurrent External Investigation
  1. If the subject matter of a Disclosure or Report is also under investigation by the police or another external agency (e.g. Nova Scotia Human Rights Commission), the SVRT may choose to continue or suspend the College’s investigation. This decision will be made based on consideration for safety, risk and procedural fairness. A decision to suspend an investigation does not prevent the College from providing accommodations or implementing interim measures.
  2. The College will comply with law enforcement requests for cooperation, in a manner consistent with College policies and procedures.
3. Alternate Resolution
  Alternate resolution processes may be appropriate in some Sexual Violence matters. In determining whether alternate resolution processes are appropriate, the SVRT will take into consideration the wishes of the complainant and victim/survivor, the level of harm, risk, and complexity of the Report. In some cases, an alternate resolution process can be tailored to respond to the harm, meet the needs of involved parties and campus communities, and lead to meaningful behavioural or environment change. Outcomes may be educational, and/or restorative and will vary depending on the nature of the Report and the factors above.
  
  This process should be initiated by the Sexual Violence Prevention and Response Lead and should consider procedural fairness, be trauma informed, survivor-centric, and utilize an intersectional lens. The needs of the complainant and/or victim/survivor should be at the center of decision-making related to this process. Some examples include:
  1. Supported Communication: Supporting the complainant and/or victim/survivor in communicating with the respondent regarding their concern. These options are guided with supportive oversight from the College. Examples might include:
    1. Impact Statement/Letter: A complainant and/or victim/survivor may decide to communicate to the respondent that their behaviours, remarks or communications are unwelcome or uncomfortable. The complainant and/or victim/survivor may choose to communicate their concerns directly or indirectly, verbally or in writing with the assistance of a facilitator, considering the complainant’s and/or victim/survivor’s wishes.
    2. Facilitation: A complainant and/or victim/survivor may request a facilitated discussion with the respondent. This may occur face-to-face, or in a shuttle fashion where parties remain separate and a facilitator acts as a mediator. Neither party is required to attend any face-to-face meetings during this process unless they both agree to do so. This facilitated process may result in a written agreement between the participants.
  2. Education: Participation in education, coaching and/or training related to the subject matter of the complaint.
  3. Other processes of a restorative nature: For more information on restorative practice options for alternate resolution, please consult with the Sexual Violence Prevention and Response Lead and refer to the Respectful Community Guidelines.
    
    Alternate resolution methods are not aimed at fact-finding and do not involve determinations as to whether there has been a violation of policy or other wrongdoing. An alternate resolution process will not be implemented without the support and consent of the parties, and a party may withdraw from the alternate resolution process at any time. If either party withdraws from the process, the SVRT may reconvene to determine how to further address the reported matter, which may involve an investigation and/or other decision-making process.
    
    If the complainant and/or victim/survivor and respondent can reach a resolution, a written record of the agreed to resolution will be prepared by the Sexual Violence Prevention and Response Lead as Chair of the SVRT and signed by the respondent. The signed agreement will be kept in the case file at Human Rights, Equity and Inclusion. A copy of the signed agreement will be provided to the respondent, and the complainant and/or victim/survivor will be informed of the finalized agreement. A copy of the agreement may also need to be provided to relevant College administrators if it is required to implement the terms of resolution.
    
    The Manager of Student Services, or other appropriate manager as determined, will monitor the implementation and compliance of alternative resolution processes. If there is a failure to comply with the terms of an agreement, the SVRT may be reconvened to determine whether the complaint should be moved to an investigation and/or decision-making process.
4. Investigation Process
  1. Notification of Parties
    If the SVRT determines that an investigation will be conducted, it will provide written notice of the Report and ensure that options for on and off campus supports, including culturally relevant supports, when possible, have been made available to:
    1. the complainant (if a person other than the reporter); and
    2. the respondent.
      
      If the SVRT determines that an investigation will not be conducted, the SVRT Chair will inform the complainant and the respondent of its decision.
  2. Appointment of Investigators
    Whenever possible, the SVRT will engage two investigators who will investigate. These investigators will have knowledge and experience in conducting sexual violence investigations using a trauma-informed and intersectional approach.
  3. Right to Support Person
    Complainants, persons making a report, respondents, and witnesses may invite a support person to be present during sexual violence complaint meetings, including investigation meetings as described in section 4.6c) of the Policy.
  4. Scope of Investigation
    The Sexual Violence Prevention and Response Lead in consultation with the SVRT, and the investigators, will determine the scope of the investigation.
  5. Participation by Complainant
    Complainants are encouraged but not required to participate in the investigation. The College will also consider the complainants' wishes on the matter being investigated, and the College will also consider whether there is enough information to proceed without participation by the complainant. If the complainant chooses not to participate in an investigation, either before or after an investigation process is launched, the investigation may continue. This determination will be made by the SVRT by considering the following:
    1. the severity of the incident and the harm inflicted.
    2. the potential risk to other members of the College Community or the College itself.
    3. the location of and circumstances in which the incident took place.
    4. the likelihood of effective resolution without the involvement of the person who experienced sexual violence; and
    5. if the SVRT considers it to be reasonably necessary to comply with the College’s obligations under the Sexual Violence policy and/or its legal obligations.
  6. Right to Review and Respond to Information
    The investigators will ensure that both the complainant and respondent have had a full opportunity to review and respond to necessary information and evidence relied upon by the investigators, in order to ensure procedural fairness. A respondent is entitled to receive a summary of the complaint prior to investigative interviews.
  7. Additional Issues Arising in Investigation
    If an out of scope issue comes to the attention of the investigators, the investigators should bring the matter to the attention of the Sexual Violence Prevention and Response Lead or Chair of the SVRT. If the SVRT determines that the new issue should be investigated, the investigators may be asked to expand the scope of the investigation to include this new issue. Where the scope of an investigation is expanded, the SVRT Chair must inform the complainant and the respondent.
  8. Risk to Safety or Violation of Criminal Law
    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 SVRT and the Principal or Senior College Leader (as applicable). 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 SVRT Chair, in consultation with the Principal or Senior College Leader may take such action without convening the SVRT. If the information does not require immediate action, the Chair will convene the SVRT to consider the information disclosed by the investigator(s) and determine what action, if any, should be taken.
  9. Conclusion of Investigation
    1. An investigation should be concluded, whenever reasonably possible, within twenty (20) working days of the appointment of the investigator(s).
    2. The investigator(s) should, within ten (10) working days of concluding the investigation, provide the SVRT a written report of the findings of the investigation and an opinion on whether there has been a violation of the Policy. The investigator(s) may seek an extension of the deadline to prepare the investigation report where it is not reasonably possible to meet the deadline.
    3. Within five working days of receiving the investigation report, the SVRT will review the investigation report and determine whether further investigation is necessary.
    4. If the SVRT determines that further investigation is necessary, the SVRT Chair will instruct the investigator(s) to conduct further investigation and prepare a further report within a deadline determined by the SVRT.
    5. After the SVRT determines the investigation is complete, they will:
      1. decide as to whether to accept or reject the investigators’ conclusion regarding whether the Policy was violated, based on such things as whether the evidence supports the finding.
      2. inform the complainant (if they have chosen to participate in the investigation) or inform the informant (if no complainant identified) and the respondent of their decision in writing. The respondent’s letter may also include a summary of the investigators’ final report, and any disciplinary action or sanctions, if applicable.
      3. if a student respondent has been found to be in violation of the Sexual Violence Policy, the SVRT will make recommendations to the Campus Principal, Associate Vice President, Student Affairs, and Dean for consideration under the Student Code of Conduct (SCOC). Recommended sanctions may include dismissal with a requirement to meet specific conditions before their return, and a “Campus Consult Required” will be placed on their file with the Registrar’s office.
  10. Sharing Investigation Findings
    The SVRT, 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 in the course of the investigation to:
    1. a complainant, victim/survivor (or informant if none) and/or the respondent’s request, allow them an opportunity to review the investigation report in the presence of a SVRT 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.
5. Outcome and Disciplinary Measures
  1. If a respondent is found to be in breach of disciplinary measures imposed under the Student Code of Conduct (33.01) as the result of a finding under the Sexual Violence Policy, additional disciplinary measures, if deemed appropriate in the circumstances, are determined by the Campus Principal, Associate Vice-President, Student Affairs and Dean. If the respondent is an employee or non-student member of the College, disciplinary measures, if deemed appropriate in the circumstances, are determined by the Director, Organizational Development and/or the Senior College Leader of an employee’s Central College Department or designate.
  2. The student respondent has the right to appeal any sanction or disciplinary measures imposed under the Student Code of Conduct (33.01) under the Students Appeals Policy (33.02)
  3. If the respondent is an employee or non-student member of the College, disciplinary measures, if deemed appropriate in the circumstances, are determined by the Director, Organizational Development and/or the Senior College Leader of an employee’s Central College Department or designate. The following shall 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.
6. Records Management
  1. Throughout the course of the Report process, all records shall be securely and confidentially stored with Human Right, Equity and Inclusion.
  2. At the conclusion of the Report process, all records shall be securely and confidentially stored with Human Rights, Equity and Inclusion 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. In the event the conclusion of an investigation is 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.
7. Statistical Data
  Data, excluding any personal or identifying information, regarding patterns and trends in Reports under this Policy may be aggregated, analyzed, and shared within the College for the purpose of maintaining a safe learning and working environment.

Appendix 1 - Province-Wide Resources

https://breakthesilencens.ca/
Emergency 911
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 to for advice and information on all health matters including sexual violence. 24 hours a day, 365 days a year. Dial 811.
211. Free confidential and referral service across Nova Scotia. Dial 211. 24/7
Mental Health Mobile Crisis Telephone Line 1-888-429-8167. Available 24 hours 7 days a week.
NS Mi’kmaq Crisis and Referral Line. 24/7 phone support for Mi’kmaq people across the province. 1-855-379-2099
Transition House of Nova Scotia. Emotional support and referrals for women who have been abused. 1-800-563-2945.
Nova Scotia Rainbow Action Project E-mail:
Employee and Family Assistance 1-800-387-4765 (English) 1-800-361-5676 (French); TTY Service, 1-877-338-0275. Immediate assistance available 24 hours a day 7 days a week. Or visit Shepell.fgi online services at workhealthlife.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
Campus Counselling and Wellness Services https://novascotia.ca/sexualassaultlegaladvice/
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)