Reporting to the College

The definitions we use in the Sexual Violence and Misconduct Policy can be complex and can mean different things to different people. This is why we have developed a definitions list below. The definitions listed below are what we will be using here at Langara. They are listed alphabetically, not in order of importance.

Academic or Employment Accommodation 
A reasonable modification made to a person’s academic program or employment situation that does not change the basic requirements of a course or job duties.

Alternate Resolution
Any method of resolving a matter with the help of someone who is not directly involved before an investigation is started or completed.

Balance of Probabilities
A legal standard applied for deciding the outcome of a case; the probability that an event occurred is greater than fifty percent.

Complainant
1) a person alleging that they have experienced sexual violence or misconduct;
2) a person who has witnessed or knows about an incident of sexual violence or misconduct.

Consent
In this policy, agreement to engage in sexual or sexualized activity. Consent must be active, direct, ongoing, informed and voluntary.

Disclosure
Telling someone at the College about an experience or a concern around sexual violence or misconduct to obtain support, guidance, information and/or referral. A disclosure does not initiate an investigation (see Formal Report).

Formal Report
A formal statement made by any member of the College community about an incident of sexual violence or misconduct. The purpose of making a formal report is to have the incident investigated or to seek an alternate resolution to a situation.

Interim Measures
Temporary actions taken by the College on a case-by-case basis to preserve the health and safety of individuals involved in an investigation or other members of the College community, and/or to maintain a safe and productive learning and working environment.

Investigation
A process of collecting and assessing information to determine the nature and circumstances of an alleged incident of sexual violence, and whether it is probable that this policy has been breached.

Respondent
A person against whom an allegation of sexual violence or misconduct has been made.

Sanction
A consequence imposed for the conduct.

Student
In this policy, a person who is or was registered in a course or program at the College at the time the alleged sexual violence or misconduct occurred.

Trauma-Informed Approach
An approach based on an understanding of and responsiveness to the impact of trauma that emphasizes physical, psychological and emotional safety.

If you have been affected by another member of the Langara College community, you have the right to report incidents to the College. A complainant may submit a complaint in writing (submitted by email or in-person) or may request an in-person meeting to submit a formal report.

Where to report depends on who the respondent is:

Student Conduct & Academic Integrity                          People and Culture
studentconduct@langara.ca                                               hypayroll@langara.ca
604323.5817                                                                       604.323.5638
T204, Mon-Fri: 9am-4pm                                                    A350

If students are unsure about submitting a formal report, or if they have any questions about the process, they can contact Student Conduct & Academic Integrity at studentconduct@langara.ca  to request additional information

If you decide to submit a formal report, you can expect a timely, transparent and fair process. You will be advised of your rights and responsibilities, will be kept informed about the investigation and outcome, and will receive regular updates including estimated timeframes and any delays.

You also have the right to a support person throughout the process. The Ombudsperson at the Langara Student’s Union can provide this support or you may choose to identify an alternate person to accompany you to meetings.

The College recognizes that privacy and maintaining dignity and control of personal information is particularly important to those who have experienced sexual violence or misconduct.

The College will make every reasonable effort to maintain the confidentiality of all persons involved in any process under this policy. The College may share a limited amount of information only where it is required by law or to ensure all procedures are conducted fairly. For instance, the College cannot ensure confidentiality in the following circumstances:

• When a person is at imminent risk of self-harm.
• When a person is at imminent risk of harming another.
• When it is reasonable to believe that others in the College or wider community may be at risk of harm.
• Where there is a legal duty to report or disclose.

It is also important to note that confidentiality is not the same as anonymity.

The Director, Student Conduct and Academic Integrity or delegate may arrange or implement interim measures if it is deemed appropriate to the circumstances. For example, interim measures may be placed in order to ensure complainant safety and/or to avoid possible escalation. Interim measures may include, but are not limited to:

• Alteration of the academic schedule of any student involved in a complaint of sexual violence or misconduct;
• Make arrangements so students don’t have to study together, if feasible; 
• Arrange a no-contact rule between the parties;
• Temporary, non-disciplinary leave of absence for the respondent student; or
• Any other interim restrictions deemed appropriate by the College.

Sexual harassment in the workplace is a form of discrimination based on sex. According to the Government of British Columbia, sexual harassment in the workplace may include, but if not limited to, the following actions:

• A person in authority asking an employee for sexual favours in return for being hired or receiving promotions or other employment benefits;
• Sexual advances with actual or implied work-related consequences;
• Unwelcome remarks, questions, jokes or innuendo of a sexual nature including sexist comments or sexual invitations;
• Verbal abuse, intimidation or threats of a sexual nature;
• Leering, staring or making sexual gestures;
• Display of pornographic or other sexual materials;
• Offensive pictures, graffiti, cartoons or sayings;
• Unwanted physical contact such as touching, patting, pinching or hugging; and
• Physical assault of a sexual nature.

If you, or someone you know has experienced sexual violence or harassment in the workplace at Langara, please contact:

Parizad Mistry, Director, Human Resources Operations
604.323.5815 | pmistry@langara.ca

A formal report will lead to an investigation if:

• the complainant requests an investigation, and
• the allegations fall within the policy scope

To initiate an investigation, a formal report must include the following information:

• Complainant name(s) and contact information
• Respondent name(s) and contact information if known
• Description of the incident(s) including dates and time frames
• Witnesses name(s) and contact information if known
• Date and signature

When a formal report is received that identifies another student as the respondent, the procedures outlined in the Student Code of Conduct Response Procedures will apply. The Director, Student Conduct and Academic Integrity or delegate will arrange a Student Conduct Meeting as appropriate. A student who is alleged to have violated the Sexual Violence or Misconduct Policy must attend the Student Conduct Meeting.

A student may be accompanied to a Student Conduct Meeting by a support person who is a member of the College community. Support persons do not participate in the Student Conduct meeting. Attendance at a Student Conduct Meeting by a person other than a member of the College community will be at the discretion of the meeting coordinator.

The Student Conduct Meeting will conform to reasonable standards of procedural fairness and due process and will:

a)       Provide the student with an opportunity to receive information about the allegations.

b)      Provide the student with an opportunity to respond to the allegations and any other information available at the time of the meeting.

The information arising from the formal report and the Student Conduct Meeting will be assessed to determine if:

• The situation can be addressed under the Student Code of Conduct procedures.
• The situation is appropriate for alternate resolution.
• The situation warrants further investigation.
• The situation would be better addressed under another college policy.
• The situation does not require further action.

The outcome of the Student Conduct Meeting will be discussed with the complainant to determine next steps.

Alternate resolution is a voluntary and collaborative process used to resolve an issue without resorting to a formal investigation or as an alternative to completing an investigation. The goal of an alternate resolution is to promote reconciliation, settlement, or understanding among those involved. An alternate resolution process will only be used if all parties agree to participate in good faith.

A complainant may make a request for an alternate resolution by speaking with a staff member in the Office of Student Conduct and Academic Integrity. When a request for an alternate resolution is received, the request and related information will be reviewed to determine if an alternate resolution is suitable and appropriate in the situation.

An alternative resolution is a process that may include coordination or facilitation of one or more of the following:

• Separate meeting(s) with the individuals involved to review the concern;
• Joint meeting with the individuals involved to facilitate a conversation aimed at understanding and resolving the concern;
• A review of policy and expectations with individuals involved to clarify and reinforce expectations of appropriate conduct;
• Training and/or coaching to enhance understanding of appropriate conduct;
• Negotiating agreement between the individuals involved regarding future conduct;
• Follow-up with individuals involved after the alternate resolution process to ensure any agreements that made, are upheld