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Sexual Violence & Sexual Harassment Policy

TRINITY COLLEGE STATEMENT OF ADOPTION OF THE UNIVERSITY OF TORONTO POLICY ON SEXUAL VIOLENCE AND SEXUAL HARASSMENT WITH AMENDMENTS

A.  Preamble

Trinity College is committed to providing an environment in which all members of its community are treated with respect and dignity. Sexual violence or sexual harassment will not be tolerated in the Trinity College community.

A new provincial law requires universities and colleges in the province to have a policy on sexual violence. In 2016, the University of Toronto approved a new policy that establishes a consistent system for responding to incidents and getting support. It took effect on January 1, 2017. The University of Toronto Policy on Sexual Violence and Sexual Harassment (“University of Toronto Policy”) applies to all members of the U of T community and makes available the same services to everyone – students, faculty and staff. The University of Toronto Policy covers all students at Trinity College. However, the University of Toronto Policy does not cover Trinity College-appointed faculty and staff.

As a federated College within the University of Toronto system, Trinity College is committed to a consistent system for addressing incidents of sexual violence and sexual harassment. For these reasons, Trinity College adopts the University of Toronto Policy with those amendments contained herein required by the independent status of Trinity College.

This statement of adoption must be read together with and in the context of the University of Toronto Policy, as well as any applicable Trinity College policies. Trinity College is committed to ensuring that all members of the Trinity College community have the ability to study, work and live in a campus environment free from Sexual Violence, including Sexual Assault and Sexual Harassment. Trinity College supports and specifically adopts the University of Toronto Policy’s Statement of Commitment with the following additions:

  1. Trinity College is committed to making available programs and resources to educate its community on the prevention of and response to Sexual Violence.
  2. Trinity College is committed to responding to and addressing incidents and complaints of Sexual Violence involving its students, staff and faculty, and to ensuring that those members of the community who are affected by Sexual Violence receive support.
B.  Amendments Regarding Interpretation
  1. For the purposes of Trinity College, the definition of Member(s) of the University Community in the University of Toronto Policy is replaced with the following definition of “Members of the Trinity College Community”:

All Trinity College students, faculty, librarians, fellows, associates, post-doctoral fellows, the Senior Common Room, and all employees of Trinity College. For clarity, this definition includes anyone employed by Trinity College to teach in the College’s Faculty of Arts and Faculty of Divinity but does not include faculty or employees covered by the University of Toronto Policy.

For the purposes of Trinity College’s training obligation, this also includes members of the College’s governance structure, including its Board of Trustees, Senate and St. Hilda’s Board, and the Trinity College Friends of the Library Committee, as well as contractors engaged by Trinity.1

C.  Amendments Regarding Procedures for Confidentiality, Disclosure, Reporting and Investigation
  1. Section 13 of the University of Toronto Policy establishes the University of Toronto Sexual Violence Prevention and Support Centre (“the Centre”). The mandate of the Centre includes conducting intake, accepting Disclosure and Reporting of Sexual Violence, and providing support to individual Members of the University Community who have experienced Sexual Violence. Section 42 of the University of Toronto Policy makes the Centre responsible for receiving Reports of Incidents of Sexual Violence involving a Member of the University Community in a non-emergency situation. The Centre will also provide education and training to Members of the University Community with respect to how to respond to Disclosures of Sexual Violence and how to support Complainants. By agreement, the Centre will also provide these services to Members of the Trinity College Community.
  2. In the event that a Report is made under the University of Toronto Policy either by or against a person who is a Member of the Trinity College Community, the University of Toronto Office of Safety and High Risk will notify the Trinity College Provost and Vice-Chancellor or designate of such a report and will consult with that office as such a Report is being processed under the University of Toronto Policy.
  3. If an investigation proceeds against a Member of the Trinity College Community, the Trinity College Provost and Vice-Chancellor or designate will review the investigation report pursuant to paragraphs 73, 74 or 75 of the University of Toronto Policy as the case may be and make the decisions referred to in those paragraphs. In doing so, the Trinity College Provost and Vice-Chancellor or designate will consult with the University of Toronto administrators named in those paragraphs in making Trinity College’s decisions as to whether or not Sexual Violence occurred and as to the appropriate outcome or sanction under those paragraphs.
  4. Trinity College adopts Section E: Decision-Making and Appeal Process under Part VIII: Reporting of the University of Toronto Policy, as amended below:

73. In the case of a student Respondent who is a Member of the Trinity College Community, the investigation report will be reviewed by the Trinity College Provost and Vice-Chancellor or designate, in consultation with the University of Toronto Vice-Provost, Students or designate to determine whether or not the matter will be referred for a hearing under the University of Toronto Code of Student Conduct in order to determine whether or not Sexual Violence occurred and, if so, the appropriate penalty or remedies. Appeals against the decision of the Hearing Officer may be made to the Discipline Appeals Board of the Governing Council as provided for in the University of Toronto Code of Student Conduct.

74.  In the case of a staff member Respondent, the investigation report will be reviewed by the Trinity College Provost and Vice-Chancellor or designate, in consultation where appropriate with the University of Toronto Vice-President, Human Resources & Equity or designate, who will determine whether workplace violence and/or Sexual Violence occurred and, if so, the appropriate sanctions or discipline and corrective action, having regard to appropriate factors such as the nature of the offence and any mitigating or aggravating circumstances. The Respondent will be notified in writing of the decision and any discipline or sanction imposed and will have access to the grievance process under the relevant collective agreement or human resources policy in order to appeal.

75.  In the case of a Trinity College faculty member or librarian Respondent who does not have a University of Toronto appointment, the Trinity College Provost and Vice-Chancellor or designate, in consultation where appropriate with the University of Toronto Vice-President and Provost or designate and the Vice-President, Human Resources & Equity, will review the investigation report and determine whether workplace and/or Sexual Violence occurred and impose the appropriate discipline, sanction or corrective action, having regard to appropriate factors such as the nature of the offence and any mitigating or aggravating circumstances. The Respondent will be notified in writing of the decision and any discipline or sanction imposed and will have access to the applicable grievance process in order to appeal.

76.  In the case of a Member of the Trinity College Community who holds more than one role – for example, a student who is also an employee – or in the case of multiple Respondents who hold different roles, or in the case of a Respondent who is a Member of the Trinity Community who is not covered in paragraphs 73, 74 or 75, the Trinity College Provost and Vice-Chancellor or designate in consultation with the University of Toronto where applicable will decide which process(es) will apply in the circumstances of the particular case.

8.  For the purposes of clarity, in the event that both parties are exclusively Members of the Trinity College Community, all decision-making rests solely with the Trinity College Provost and Vice Chancellor or designate.

9.  For the purposes of this section, Trinity College interprets paragraph 77 of Section E under Part VIII: Reporting of the University of Toronto Policy to also include any applicable Trinity College policies.

10. This statement of adoption shall take effect January 1, 2017.

Approved Trinity College Board of Trustees: December 7, 2017

1 Recommendation: Create mandatory SV/SH awareness training for members of the College’s governance structures.