Canadian Federation of University Women (CFUW) National Initiative Preventing and Responding to Violence Against Women and Girls

Sexual Violence and Harassment Policies in Post-Secondary Institutions in Canada

A Research Project by 2016-2018 CFUW Status of Women Subcommittee of the CFUW Standing Committee on Advocacy

Sharon Crabb, Pam Love, Anne Cordon, Thelma McGillivray, Judy Pagano

edited by Cheryl Ambrose & Heather Oxman

December 2019

Canadian Federation of University Women (CFUW): Founded in 1919, the Canadian Federation of University Women (CFUW) is a self-funded, non-partisan, non-profit, voluntary organization. With over 7500 CFUW women from across Canada promote women’s equality, human rights, justice and peace. CFUW is active in public affairs, working to raise the social, economic and legal status of women and girls and to contribute to education, the environment, peace, justice and human rights. CFUW has special consultative status at the United Nations (ECOSOC) and serves on the Education Committee of the Canadian Sub-Commission to UNESCO. Preventing and Responding to Violence Against Women and Girls Sexual Violence and Harassment Policies in Post-Secondary Institutions in Canada

FOREWORD With the 30th anniversary of the École Polytèchnique massacre in Montrèal commemorated in 2019, we remember than gender-based violence continues to affect women and girls on campus locally, nationally and internationally. As an example of antifeminism and violence against women on campus, it shocked Canadians in 1989. Gun laws were examined. Students, women particularly, rallied for action against misogyny and sexism. But it wasn't until 2019 that the event was at last recognized as anti-feminist. In 2017 after Trump’s election, and misogyny became more visible in the USA, women in Canada and the world, began actions to take back their personal and political power, with campaigns like January 20 & pink pussyhats, #MeToo and #TimesUp. Led by prominent women and our neighbours who came forward with their own experiences of sexual harassment and violence, opportunities for activism continues. Feminism is experiencing a new ascendancy. In 2020, in spite of, or sometimes because of, this blossoming of awareness and activism, young women on campuses are still vulnerable to sexual violence and harassment. For example, a campaign against sexual education in schools took hold in conservative Ontario where an enlightened curriculum turned back to 1989’s, and no education about cyber bullying, consent or STDs are part of the discussion in secondary classrooms. What prepares students for college and university life? Women make up over 60% of the population on many campuses across Canada and are responsible for significant achievements on campus and in our communities. Despite the progress of women on campuses and in society, inequality still exists. Here are some startling facts: • Less than 10% of complaints of harassment are formally investigated (Chiose, 2016a) • 5000 allegations of sexual assault are closed as unfounded by Canadian law enforcement thus representing an unfounded rate (dismissed as baseless) in Canada of 19.39% (Doolittle, 2017) • 9 out of 10 women won’t report a sexual assault (Doolittle, 2017) • 82% of sexual assaults are committed by someone known to the victim (Iemma, 2016b; Porter, 2014) • 635,000 incidents of sexual assaults were reported by Canadians, 87% by women, in 2014 (Statistics Canada, 2017-07-11) • 1 in 10 sexual assaults which occur on post-secondary institution campuses are reported to police (Gunraj, et al., 2014) • 88% of Canadian women report having been sexually harassed in public before the age of 18 (Damoff, 2017) •The average woman weighs 65kg (144lbs) and wears between sizes 12 and 14. The average man weighs 89.5kg (197lbs) and is 5’10” tall.

The need to examine sexual harassment and violence policy on campuses across Canada and to hold post-secondary governance, faculty and administration to account for putting in place a complete working policy, informing students about the policy and making it easily accessible is vital. Sexual harassment and violence on campus must not be allowed to continue unabated.

The Federal Status of Women Committee report, “Taking Action to End Violence Against Young Women and Girls in Canada”, (Gladu, et al., 2017) makes 45 recommendations, including “public awareness/educational efforts, engaging men and boys, improving law enforcement, increasing data collection, research and knowledge, supporting front-line services and community organizations, developing strategies to address the unequal needs of marginalized groups, !ii Preventing and Responding to Violence Against Women and Girls Sexual Violence and Harassment Policies in Post-Secondary Institutions in Canada collaborating with provinces/territories, tackling cyber violence and gender-based violence” (Damoff, 2017). This report’s recommendations support the 2017 Report of the Minister of the Status of Women, Taking Action to End Violence Against Young Women and Girls in Canada: and CFUW hopes that we see the decline sexual violence and harassment on campuses and across Canada and the world in our lifetime.

!iii Preventing and Responding to Violence Against Women and Girls Sexual Violence and Harassment Policies in Post-Secondary Institutions in Canada

ABSTRACT While rates of other violent crimes were dropping, rates of self-reported sexual assault remained surprisingly, and disturbingly, constant between 2004 and 2014. During the same period, media attention began to focus on sexual assault on campus and the sexual violence and harassment (SVH) policies of Canadian post-secondary institutions. As incidents were made public, policies or their lack, were brought to light by the media, which sometimes shamed the institution into making amends through policy development or other means. Lawsuits were settled for substantial sums (Queens, Carleton U) when it was found that institutions did not provide adequate care in protecting students from sexual violence or harassment. Boards of Governors began looking at their liability, not just student safety and security. The purpose of this research was to determine whether there had been an increase in the proportion of institutions with SVH policies over reports from 2014, and to compare the quantity and quality of these policies between provinces that had enacted legislation requiring institutions to implement SVH policies compared to provinces without such legislation. Between February 2017 and June 30, 2017, CFUW member-volunteers accessed the public websites of publicly funded Canadian post-secondary institutions to assess the quantity and general content of their SVH policies. We found specific SVH policies on the public websites of 71% of all the colleges and universities we surveyed. Of 155 institutions surveyed, we found specific violence and harassment policies on 109, ambiguous policies on 4, and no relevant policies on the websites of the remaining 42 institutions. Ninety-three percent (93%) of the post-secondary institutions in the 4 provinces that mandated their implementation had such policies, compared to only 53% of the institutions in provinces that did not. Volunteers from CFUW clubs completed a 20-question survey for the 113 institutions with specific and “unclear” policies. They looked for information on whether the policies addressed conflict of interest, informal and formal reporting of sexual violence, policy development and implementation teams, mediation processes, training programs for investigation teams, definitions, and more. Information was often missing, difficult to find, or challenging to interpret. Following the Conclusions, recommendations for the Government of Canada, Provincial and Territorial Governments, Post-Secondary Institutions and CFUW Clubs and members are provided.

!iv Preventing and Responding to Violence Against Women and Girls Sexual Violence and Harassment Policies in Post-Secondary Institutions in Canada

Acknowledgements Conversations can lead us along interesting paths. Such were the circumstances which brought us to the research study, “Sexual Assault Policies in Post-Secondary Institutions in Canada.” This journey began with conversations at a CFUW National Study Group teleconference chaired by Katherine Wilkinson, which eventually led to Teri Shaw presenting a motion to the CFUW Board of Directors. The CFUW Status of Women Subcommittee of the CFUW Standing Committee on Advocacy formed a Research Team (referred to as the Team) of five members who began the work associated with the compilation of data culminating in this research study. Thank you to members of the CFUW National Study Group and the CFUW Standing Committee on Advocacy for your ongoing support throughout this research journey. Thelma McGillivray, a member of Team, delivered a report to the Ontario Council Standing Committee on the Status of Women in 2014, where she stated, “policies need to make clear that sexual violence of any kind will not be accepted or tacitly condoned on Canada’s campuses” (McGillivray, 2014). This document became the starting point for our research journey. Thelma McGillivray passed away on January 28, 2018, before the research study was completed. Thelma was a valued member of our Team, always providing additional information, articles, insights and support. She is missed. Another interesting conversation originated with Dr. Linda Neilson, an internationally recognized scholar in the socio-legal field and Professor Emerita in Sociology, University of New Brunswick. Through Linda, our Team dialogued with Meranda McLaughlin respective of her thesis which focused on universities in the Maritime Province (McLaughlin, 2015). Dr. Neilson supported the research team by providing associated and supportive articles. Thank you to Dr. Neilson and Ms. McLaughlin for your support and encouragement. CFUW National Office personnel translated our initial packages of materials and forwarded the package to all CFUW Clubs. This was a huge undertaking and very much appreciated as it not only apprised CFUW Clubs of our research study but encouraged CFUW Clubs and members to participate in the research. Thank you to the 55 CFUW members inclusive of 30 CFUW Clubs for your support in collecting data utilizing the questionnaire developed for this research study and for your many supporting comments included in the completed questionnaires. To all, thank you for your conversations, your support in collecting data and your encouragement throughout our journey. The members of the research team were Sharon Crabb, Pam Love, Anne Cordon, Thelma McGillivray and Judy Pagano.

Dedicated to Thelma McGillivray (1933-2018) Thelma’s passion was reading, writing and acquiring knowledge. During her career with her Master’s of Social Work, she earned her living in family mediation and therapy. Thelma was proud to call herself a feminist and social activist. Her advocacy for children, women and seniors was shown through her countless hours of volunteering for many committees and organizations such as The Provincial Council of Women of Ontario, Canadian Federation of University Women and The Older Women’s Network. Thelma will be remembered. Her efforts made a difference.

!v Preventing and Responding to Violence Against Women and Girls Sexual Violence and Harassment Policies in Post-Secondary Institutions in Canada

TABLE OF CONTENTS

FOREWORD ...... II ABSTRACT ...... IV Acknowledgements ...... v ACRONYMS / LANGUAGE USED...... VIII SEXUAL ASSAULT ON CAMPUS ...... 1 The Media ...... 1 A Word about Consent ...... 2 Accountability ...... 3 Existing Legislation and Policies ...... 3 Other Related Research ...... 4 THE RESEARCH QUESTION ...... 4 METHODS ...... 5 The Research Project Questionnaire ...... 5 Data collection ...... 5 Data Analysis ...... 6 Study Limitations RESULTS ...... 6 Table 1: Percentage of Institutions surveyed that had specific components of SVH policies...... 8 DISCUSSION ...... 9 Date of Policy Implementation/Update Roles and Responsibilities of the Institution ...... 10 Stand-alone policies Stakeholders Involved in Policy Development and Implementation Definitions Conflicts of interest Sensitivity Training in Sexual Violence and Harassment Rights of the Complainant ...... 12 Confidentiality Representation and/or Support Amnesty from Lesser Violations Interim Measures Reporting and Follow-up Information Regarding Results of Investigation Right to Appeal The Rape Shield Law – Irrelevant Inquiries into Complainant’s Sexual History Mediation or Informal Resolution CONCLUSIONS ...... 16 Table 2: Legislation Makes a Difference...... 16 What makes a good policy? ...... 17 RECOMMENDATIONS ...... 18 Because Legislation makes a difference, we recommend: ...... 18 The Federal Government Provincial/Territorial Governments Because good policy is needed in post secondary institutions, we recommend: ...... 19 !vi Preventing and Responding to Violence Against Women and Girls Sexual Violence and Harassment Policies in Post-Secondary Institutions in Canada

Post-Secondary Institutions CFUW Clubs, members, Interested Researchers REFERENCES ...... 21 APPENDICES ...... 26 Appendix A, Data collection ...... 26 Table A.1 Total number of Canadian post-secondary institutions by Province/Territory, number and percentage reviewed. Appendix B. Raw data ...... 27 Appendix C. Policymakers and Stakeholders ...... 29 Chart C.1. Relative Relationship of Composition of Policymakers and Stakeholders Appendix E. Positive Responses in Provinces WLMU (ranked) ...... 32 Table E.1. Percentage positive responses from institutions in BC, MB, ON, and NS (provinces WLMU) Appendix F: List of Supplementary materials ...... 33

!vii Preventing and Responding to Violence Against Women and Girls Sexual Violence and Harassment Policies in Post-Secondary Institutions in Canada

ACRONYMS / LANGUAGE USED GBV: Gender-Based Violence CFUW: Canadian Federation of University Women SVH: Sexual Violence and Harassment MOU: Memorandum of Understanding WLMU: With Legislation or Memorandum of Understanding WOL: Without Legislation ADR: Alternative dispute resolution1 METRAC: Metropolitan Action Committee on Violence Against Women and Children (Toronto) Please note: “Victim” and “Survivor” are used interchangeably throughout the text. “Complainant” is only used in reference to those survivors after they launch a SVH formal process.

1 https://www.cjc-ccm.gc.ca/english/resource_en.asp?selMenu=resource_alternatives_en.asp !viii Preventing and Responding to Violence Against Women and Girls Sexual Violence and Harassment Policies in Post-Secondary Institutions in Canada

SEXUAL ASSAULT ON CAMPUS Sexual assault carries severe short-term and long-term consequences. Assault victims on campuses, including, but not limited to, college and university students, experience a range of physical and psychological consequences, including anxiety, depression, drug use, suicidal ideation, heavy drinking, eating disorders, and academic achievement failure (Fuller et al 2016 and references within). In contrast to other types of crime, rates of self-reported sexual assault remained constant between 2004 and 2014. Among many reasons for the general decline in crime rates, Frank Cormier, criminologist (CBC 2016 - 9 Reasons) stated that increasing screen time is one of the nine deterrents. “most crime is committed by young males, [so] it stands to reason anything that might keep them indoors and out of trouble may impact crime rates, The more interactions we have outside of the home, particularly in places where alcohol is present, then our chances for victimization can go up," he said. This could be a description of a male’s Campus Life, where after classes, study and a little gaming on the video screen, young males in social groups and alcohol cross paths. A little screen time might increase the urge to be aggressive. And then, something happens. According to Conroy and Cotter (2017), of all sexual assault incidents, in Canada in 2014, nearly half (47%) were committed against women aged 15 to 24.9. Young women reported a rate of 134 incidents of sexual assault per 1,000 population. This rate was about two times higher than for women aged 25 to 34 and about eight times higher than for women aged 35 to 44. Women who were students, reported relatively high rates of sexual assault. Overall, approximately 261,000 incidents of sexual assault—41% of all incidents— were reported by students. This represented a rate of 73 incidents of sexual assault per 1,000 population. Of all sexual assault incidents where the survivor was a student, 90% were committed against women. However, rates of sexual assault among young women who were students and those who were not students were relatively similar (137v128 per 1000). As such, age may be a larger factor than student status.(Conroy and Cotter 2017). If you are LGBTQI2S or indigenous or have mental health issues, these factors also contribute to an increase in sexual assault incidents on campus. The Media Perhaps in response to high-profile reports of sexual assault on both sides of the Canada- United States border, or as a backlash to recent challenges to the US Title IX legislation, media attention to the issue of sexual assault on campuses and sexual violence and harassment (SVH) policies of public Canadian post-secondary institutions escalated. (University of Alberta 2016). Some of the dubious spotlights on the failures that led to this focus on sexual assault on campus policy research follow. • During St. Mary’s University frosh week in 2013, a 15-second video of inappropriate sexual chanting by students was posted to Instagram (CBC News, 2013a). In the same academic year, a first-year University of British Columbia business student posted and condemned the lyrics to a similar 20-year old pro-rape chant on Twitter, while frosh organizers claimed they had no control over what leaders exposed their students to (CBC News 2013b). • Both of these incidents related to Frosh week - the launch of the academic year, which sets the tone for many newly arriving students. The incidents at both UBC and Saint Mary’s U were dealt with using non-academic disciplinary methods and did not address the sexual harassment or violation experienced. Sensitivity training was suggested for members of the students’ union who led the events.

1 Preventing and Responding to Violence Against Women and Girls Sexual Violence and Harassment Policies in Post-Secondary Institutions in Canada

• In 2014, male Dalhousie University dental students made national headlines after posting sexist comments and images on Facebook (CBC News 2014). • In 2015, a team of twelve Saint Thomas University investigative journalism students wrote a series of articles titled “The Fog of Rape: Normalizing a Campus Crime” under the direction of their professor, the former Globe and Mail journalist, Jan Wong . Here is an excerpt from their report: “He came back the night after the party, drunk again. He said he knew everyone in the residence. “They’ll believe me over you. I can ruin you.” She saw her new life being destroyed before it even began. Everyone she socialized with, she’d met in the past week.“ So she smiled and made nice. He texted and came by and after several weeks she believed she had wanted to have sex…. [Only four years later, in a class talking about consent, did she realize that what had happened in first year wasn't consent. ] This is the fog of rape. It casts its shadows and shrouds university campuses across North America. Rape culture is so devoid of moral condemnation, so accepted, that deviance has become the new normal. The normalization of a campus crime, the deafening silence around it, the widespread impunity of those who rape and the stunning ignorance about consent - all conspire to confuse young women. Of course some know instantly. Others, like the woman above, have no idea until later on, that they may have been violated.” • Articles contained links to stories of sexual violence dating back to 2011, lack of appropriate action by St. Thomas University and the University of New Brunswick and referenced why many students do not report incidents of sexual violence (Gallant et al 2015). • The University of British Columbia failed to address complaints of harassment and sexual assault by multiple victims against a PhD student (CBC Fifth Estate 2015). • There were reports of victim blaming, of confusing alcohol consumption or wearing a short skirt with “consent” (Weikle 2016). • There was failure to provide decision-makers with the supporting information necessary for rulings (Thomson 2016). Survivors felt pressured to go to the media because post-secondary institutions had failed to provide appropriate support (Crabb 2016). Why does it apparently take a scandal or a media report before appropriate action is taken by university officials (Doolittle, 2017)? Post-secondary institutions across Canada need to take a pro-active approach to sexual violence on their campuses. Media reports are followed by calls to action and promises to review university practices to prevent, respond and report incidents of sexual assault (Mathieu and Poisson 2014b; Forestell 2015); to include students in the development of sexual assault policies (Cheng and Sze 2015); to raise awareness of the university’s comparative inaction over a 10-year period regarding suspending students for sexual assaults (none) versus academic cheating or plagiarism (257) (Weikle 2016); to end sexual violence on campus (Morrison 2016). The SVH policies, when they were produced and presented by universities in haste, were sometimes inconsistent or flawed. A Word about Consent A potentially more significant issue may be a lack of awareness of what constitutes “consent”. A perusal of the literature substantiates the confusion encompassing consent (Gallant, et al., 2016; Mathieu, Poisson, 2014a; Tamburri, Samson, 2014; Wynne, 2016). The University of Prince Edward Island Student Health Centre document defines “consent” as “the voluntary agreement of the complainant to engage in the sexual activity in question” (University of PEI). This document further delineates five situations where consent is not obtained (Adapted from the Criminal Code of Canada, Section 273.1):

Not obtained if someone else says “yes” !2 Preventing and Responding to Violence Against Women and Girls Sexual Violence and Harassment Policies in Post-Secondary Institutions in Canada

not obtained if the accused abuses a position of trust, power or authority not obtained if the person does not say “yes”, or says or implies “no” through words or behaviours not obtained if the person is not capable of giving consent (under the influence of alcohol or drugs, unconscious or sleeping) not obtained if the person changes her/his mind (quoted from University of PEI, 2014 document)

It is rather shocking to learn that survivors may not report a sexual assault because they misunderstand what constitutes “consent.” It raises the issue of how many unreported sexual assaults are the result of a misunderstood word and further validates the need for “building a culture of consent” (Canadian Federation of Students, 2015) replete with an education program, a stand-alone sexual violence policy inclusive of identifiable definitions and appropriate human resources inclusive of advocates and trained personnel. Accountability Sexual assaults occurring on and off campus are under-reported. Between 2009 and 2013, 87 Canadian colleges and universities reported a total of 700 sexual assaults on their campuses (CBC News 2015). That’s an average of just 1.5 assaults per campus per year, an incredibly low number, based on studies that reported close to 25% of first year university students had been raped, with over 58% experiencing one or more forms of victimization since the age of 14 (Senn et al 2014). Compare that with the previously stated 41% of self reported sexual assaults of all sexual assault incidents where the survivor was a student, represented a rate of 73 incidents of sexual assault per 1,000 population. (Conroy and Cotter 2017). A CBC investigation (Utterly Shocking, 2015) identified gaps in data, making comparisons difficult in part because universities have different reporting procedures and serve communities of varied scope and size. Several factors may affect levels of reporting. Nonetheless, there is a sizeable variance between what students are reporting to campus and what campus is reporting outward to those to whom they are accountable. Between 2014 and 2017, from this research it is evident there was a shift by campus governing bodies from reacting to situations of sexual violence to proactively engaging in a consultative process to address student concerns surrounding SVH policies. Orientation programs, the importance of campus advocates, the need to provide mandatory training for identified groups or individuals and other related issues are in place or under consideration on more campuses now than in 2014. Policies are becoming accessible to students and advocates through the campuses’ public websites. Formal SVH policies and response protocols communicate that sexual violence is unacceptable, ensure that survivors receive the support they need, and hold perpetrators accountable. Together with education and awareness activities, formal policies and protocols contribute to increasing campus safety by preventing sexual violence and responding effectively when incidents do occur (Ontario Women’s Directorate 2013). Existing Legislation and Policies Sexual assault is an offence in the Canadian Criminal Code (R.S.C., 1985, c. C-46), however because all such legislation is under provincial jurisdictions, there is no federal legislation that deals with the issue of preventing sexual assault on post-secondary campuses (Lopes-Baker & McDonald 2017). And despite Canada’s Strategy to Prevent and Address Gender-Based Violence (GBV), announced in 2017 and the $5.5 million set aside in the 2018 Federal Budget for the Minister of Status of Women to “harmonize” campus SVH policies over five years, there is no national strategy to deal with sexual assault on campus. !3 Preventing and Responding to Violence Against Women and Girls Sexual Violence and Harassment Policies in Post-Secondary Institutions in Canada

During our data collection phase (February 15 – June 30, 2017), only Ontario, British Columbia, and Manitoba had enacted legislation – (Bill 132, effective January 2017; Bill 23, effective May 19, 2017; Bill 15, effective April 28, 2017, respectively) to require that post-secondary institutions implement stand-alone SVH policies. The Nova Scotia government signed a memorandum of understanding (MOU) with its universities in 2016, requiring them to have specific SVH policies (Shen 2017). The Alberta government developed a framework for SVH policies in 2016 and expected all post secondary campuses to put policies in place based on that framework by spring of 2017 (Derworiz, 2016). After data collection for this research project ended, Quebec passed Bill 151 in December 2017, giving institutions until January 2019 to adopt policies, and until September 2019 to implement them (Laframboise 2019). Other Related Research Informal research conducted by METRAC (Gunraj, et al., 2014) revealed that, of the 15 Canadian post-secondary institutions they surveyed, only 3 had a specific SVH policy. Another study of 102 public Canadian post-secondary institutions (78 universities and 24 Ontario colleges) reported less than 9% (9 universities and no colleges) had special sexual assault policies in place (Mathieu and Poisson, 2014a). Most of the institutions surveyed directed researchers to a single reference in their lengthy student code of conduct, documents that also dealt with plagiarism, copyright infringement and bomb threats (Mathieu and Poisson, 2014a). Some highlighted discrimination, harassment and sexual harassment policies, while other directed them to policies that made no mention of sex (Mathieu and Poisson, 2014a). According to Poisson, there was a lack of clarity around the responsibilities of universities regarding addressing or dealing with survivors of sexual assault (Simes 2015). She concluded that colleges and universities needed policies and guidelines to support survivors who need academic help or accommodation, some of whom were sitting in class with the student(s) who had assaulted them (Simes 2015). For example, a Saint Francis Xavier University student’s alleged rapist was allowed to continue his classes while he was under a year long internal and criminal investigation. The university felt they couldn't deny him access to education, and had not concerned itself with the survivor’s ongoing safety or mental health, until the media reported on this situation. Accommodation was made for the complainant after that. (Global News Oct 2018) “Sexual assault is a cultural and societal problem,” said Sara-Jane Finlay, associate vice- president, equity and inclusion, at the University of British Columbia. “It’s something as a culture we need to take responsibility for. Universities are part of that, but this requires broader work as well.” Nevertheless, she said, “survivors are never going to come forward and report if they don’t have trust in the institution, so having information out there as transparently as possible about when and how an institution can act is absolutely crucial.” (Shen 2017) THE RESEARCH QUESTION In 2016, the CFUW Status of Women and Human Rights Sub-Committee of the CFUW Standing Committee on Advocacy, launched a research project titled “Sexual Assault Policies in Post-Secondary Institutions in Canada”. After reviewing current literature on SVH in post- secondary institutions in Canada, we focused our research on the quantity and quality (comprehensiveness) of sexual assault policies at publicly funded post-secondary institutions in Canada. We were interested to know:

!4 Preventing and Responding to Violence Against Women and Girls Sexual Violence and Harassment Policies in Post-Secondary Institutions in Canada

• whether there had been an increase in the percentage of post-secondary institutions that had implemented SVH policies over 2014 reports (Gunraj et al 2014; Mathieu and Poisson, 2014a), and • whether there was a difference in the quantity and quality of policies in the provinces that had legislation in place compared to those that did not, during our data collection phase (Feb - June 2017). We used METRAC’s “informal snapshot review” (Gunraj et al 2014) as the foundation for our questionnaire and were able to identify strengths and weaknesses in existing SVH policies. METHODS In February 2017, the CFUW National office emailed a package of materials in both official languages to all CFUW clubs. The original date for return of the completed questionnaires was April 30, 2017 but the date was extended to June 30, 2017. The package included: (see Appendix F) A letter to CFUW Clubs introducing the project, listing the contents of the package, with contact information for the corresponding author The initial motion for the “Sexual Assault Policies in Post-Secondary Institutions in Canada” Research Project, outlining the project, with background information, a call to action, a summary, members of the Research Team and a list of references. Instructions for Questionnaire, outlining the steps to be completed by the data collector, the date that completed questionnaires must be returned, and contact information for the corresponding author The Research Project Questionnaire List of public Canadian post-secondary institutions, by province and territory The Research Project Questionnaire The goal of the questionnaire was to determine whether a post-secondary institution had a specific SVH policy, what the policy included, and the ease of access to the desired information for students, through the public website of the institution. Thirteen of the 20 questions in the Research Project Questionnaire were taken from METRAC’s “informal snapshot review” (Gunraj et al 2014). Additional questions were included to help identify the stakeholder responsible for developing and implementing the policy, when the policy was implemented and updated, and to expand on any circumstances around mediation. Available responses to each question were “yes”, “no”, “unclear” and “not applicable”, with a fifth field for comments. Additional fields included space for comments on the ease of access and clarity of language used regarding what to do in case of SVH, the name and location of the post-secondary institution, the website URL, contact information for the individual responsible for writing the policy (if available), the name of member completing the questionnaire, and the date the questionnaire was completed. Data collection Data was collected by 55 CFUW members from 30 CFUW clubs across Canada who volunteered to use the information found on the public websites of public post-secondary institutions in Canada to answer a 20-question survey and to make additional comments as the data warranted. These volunteers simulated the actions of an individual who might need to locate information regarding policies on sexual violence on an institution’s campus. Volunteers

!5 Preventing and Responding to Violence Against Women and Girls Sexual Violence and Harassment Policies in Post-Secondary Institutions in Canada had no direct contact with any post-secondary institutions, personnel, or students during data collection. Ethics approval for this study was not required. Completed questionnaires were returned to the corresponding author between March 2017 and June 2017. Our volunteers surveyed the public websites of 71% (155) of 220 possible Canadian public post-secondary institutions, collecting data from 100% of the post-secondary institutions in Manitoba (8), Northwest Territories, Nunavut and Yukon (4), New Brunswick (7), Newfoundland Labrador (2), Prince Edward Island (3). They also collected data from the public websites of between 55% and 91% of the post-secondary institutions from the remaining provinces (Appendix A, Table A1). Data Analysis Results are reported as percent relative frequency. Questions 2-20 are reported as percent relative frequency of total positive responses. 1. Had there been an increase in the proportion of post-secondary institutions that had implemented SVH policies since 2014? 2. Was there a difference in the quantity and overall content between institutions in provinces with legislation or memorandum of understanding (WLMU) in place at the time of our survey requiring publicly funded colleges and universities to implement separate SVH policies compared to those without legislation (WOL)? 3. Were SVH policies accessible on the public website of the institution? No tests for statistical significance were performed. Study Limitations 1. Research design • Possible inconsistencies due to variation in the interpretation of instructions and questionnaire by multiple data collectors (55). 2. Questionnaire • Based on Gunraj et al (2014), alternate or additional questions might have been useful. • Four possible responses (yes, no, unclear, not applicable) may have introduced margin of error. 3. Range of Data Collectors’ Internet skills • Club members from across Canada were enlisted to scan public websites for specific information and skills and abilities vary among collectors.

RESULTS Of the 155 public websites of Canadian post-secondary institution that were surveyed, 70.3% (n=109) had specific, accessible SVH policies. An additional 3% (n=4) were recorded as “unclear”. The total “yes” and “unclear” responses was 113,(73%) which became the maximum number of possible responses to questions 2 through 20 (Appendix B, Table B1). We found specific SVH policies for 53% of the institutions in provinces without legislation requiring institutions to implement policy (provinces WOL, n=88), compared to 93% of institutions in those provinces that had enacted legislation or memorandums of agreement (provinces WLMU, n=67), representing a sizeable difference of 39% (Table 1).

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Fifty-seven percent (56%) of all policies (81% from provinces WLMU and 39% from provinces WOL) had been implemented since 2011. Overall, 37% of the policies had been updated since implementation, and an additional 40% were implemented post-2016. Thirty-nine percent (39%) of all policies identified their policymakers. Of those, the board, governors and/or administrative staff were named 23% of the time; vice-presidents, deans, directors, human resources, campus security and/or student services were named 35% of the time; students, (with administration, faculty staff, various department heads) were named 32% of the time; a community-based committee, investigation team, campus-wide consultation or other assigned members were named 10% of the time (Appendix C, Chart C1). A comprehensive definition of SVH was included in 66% of all SVH policies (93% from provinces WLMU and 47% from provinces WOL). Some defined sexual violence, with a separate definition for harassment; some defined sexual assault and violence, with sexual harassment defined in a separate policy; some only defined sexual violence. Conflicts of interest, with procedures for how they would be handled, were addressed in just 24% of all policies (39% in provinces WLMU and 13% in provinces WOL. Implementation involving campus administration, faculty, students, human resources professionals, and/or victims’ groups was described in 63% of the policies (75% from provinces WLMU and 53% from provinces WOL). Of those, 39% did not involve students. One policy simply stated, “investigated to the best of Administration’s ability and in a manner that ensures due process” (Appendix C, Chart C1). Confidentiality in complaint reporting and follow-up was explicitly referred to in 66% of all policies (87% from provinces WLMU and 50% from provinces WOL). Complainant’s rights in the complaint reporting and follow-up process were outlined in only 51% of all policies (76% from provinces WLMU and 32% from provinces WOL). Interim measures to protect complainants and the campus community when following up on a complaint were outlined in 51% of all policies (84% from provinces WLMU and 26% from provinces WOL). Mediation, or other informal resolution processes, when following up on reports of SVH, was mentioned in 47% of all policies; of those, 9% of the time the procedure was automatic, 7% of the time, it was pursued only if the complainant chose not to make a formal complaint, and 24% of the time it was pursued at the complainant’s request for conflict resolution. Only 30% of all policies (46% from provinces WLMU and 18% from provinces WOL) specified training on issues of SVH was required for first-responders and those leading investigation, hearings or mediation. An average of 54% of all policies (75% from provinces WLMU and 38% from provinces WOL) stated that complainants had the right to representation, a support person, or advocate during mediation, hearings and/or investigation. Just 5% of all policies (10% from provinces WLMU and none from provinces WOL) stated that lesser violations of school policies (e.g. alcohol policies) by the complainant would be excused in the case of SVH. An average of 5% of all policies (6% from provinces WLMU and 3% from provinces WOL) explicitly prevented irrelevant inquiries into the complainant’s sexual history.

!7 Preventing and Responding to Violence Against Women and Girls Sexual Violence and Harassment Policies in Post-Secondary Institutions in Canada

Forty-six percent (46%) of all policies, (66% from provinces WLMU and 31% from provinces WOL) provided complainants the right to be informed of the result of an investigation, hearing or disciplinary process. And finally, only 28% of all policies, (43% from provinces WLMU and 16% from provinces WOL) explicitly granted the complainant the right to appeal the decision of the mediation, hearing or investigation. Table 1 includes ALL post-secondary institutions surveyed. WLMU: average (%) of institutions in provinces with legislation or memorandum of understanding requiring institutions to implement sexual violence and harassment (SVH) policies (33 ON; 16 BC; 8 MB; 10 NS). WOL: average (%) of institutions in provinces and territories without legislation requiring institutions to implement SVH policies (11 AB; 4 NT, NU, YT; 14 SK; QC 47; 3 PEI; 7 NB; 2 NL). Table 1: Percentage of Institutions surveyed that had specific components of SVH policies.

Table 1 Percentage of Institutions surveyed that had specific components of SVH policies.

Q# Components of SVH policy/procedure surveyed in All WLMU WOL No. % questionnaire (%) (%) points diff. Number of institutions (n) 155 67 88

1 Specific sexual violence and harassment policy 70.3% 92.5% 53.4% 39.1% 2 Named policymakers: student groups, campus 38.7% 47.8% 31.8% 15.9% administration, etc.

3 Comprehensive definition of sexual violence and 66.5% 92.5% 46.6% 45.9% harassment 4 Implemented between 2011 - 2017 56.8% 80.6% 38.6% 42.0%

5 Updated since its implementation 27.1% 35.8% 20.5% 15.4% 6 Addressed conflict of interest for those tasked with 23.9% 38.8% 12.5% 26.3% following up on a report of sexual violence or harassment

7 Implemented by campus administration, Faculty, 62.6% 74.6% 53.4% 21.2% Students, Human Resources Professionals, Victims 8 Confidentiality in complaint reporting and follow-up 65.8% 86.6% 50.0% 36.6%

9 Outlined complainant’s rights in the complaint reporting 51.0% 76.1% 31.8% 44.3% and follow-up process 10 Interim measures to protect complainants and the 51.0% 83.6% 26.1% 57.4% campus community when following up on a complaint

11 Mentioned mediation or informal resolution (ADR) 47.1% 55.2% 40.9% 14.3% when following up on reports of sexual violence and harassment 12 ADR pursued automatically when sexual violence or 9.0% 9.0% 9.1% -0.1% harassment is reported

!8 Preventing and Responding to Violence Against Women and Girls Sexual Violence and Harassment Policies in Post-Secondary Institutions in Canada

Q# Components of SVH policy/procedure surveyed in All WLMU WOL No. % questionnaire (%) (%) points diff.

Number of institutions (n) 155 67 88 13 ADR pursued only if the victim chooses not to make a 7.1% 4.5% 9.1% -4.6% formal complaint

14 ADR pursued only if victim requests conflict resolution 23.9% 28.4% 20.5% 7.9% 15 Stipulated training on issues of sexual violence and 30.3% 46.3% 18.2% 28.1% harassment for those leading investigations, hearings or mediation

16 Granted complainant the right to representation, 53.5% 74.6% 37.5% 37.1% support person or advocate in mediations, hearings and/or investigations 17 Excused lesser violations of school policies on the part 4.5% 10.4% 0.0% 10.4% of the complainant (e.g. alcohol policies)

18 Invoked rape shield law. Explicitly prevents irrelevant 4.5% 6.0% 3.4% 2.6% inquiries into complainant’s sexual history 19 Granted complainant the right to be informed of the 45.8% 65.7% 30.7% 35.0% result of an investigation, hearing or disciplinary process

20 Granted complainant the right to appeal the decision of 27.7% 43.3% 15.9% 27.4% mediation, hearings and/or investigations

DISCUSSION Groups of stakeholders have diverse interests in the development and implementation of SVH policies. These stakeholders include: 1. Governance, including board of governors/directors; 2. Faculty, including vice-presidents, deans, department heads, and other faculty; 3. Staff, including administration, contract staff and teaching assistants, campus security, student services; and 4. Students, including Indigenous students, international students, students with disability, students who are LGBTIQ2S, and often, but not always, survivors and offenders.

In addition, community-based organizations and professionals, including support centres for survivors of sexual assault, rape crisis centres, victims’ services, mental health services, medical services, doctors and nurses, may also be involved in managing the fall-out of campus- based sexual violence. According to the Ontario Women’s Directorate (2013), the purpose of a formal sexual violence policy and response protocol is to communicate that sexual violence is unacceptable, to ensure that survivors receive the support they need, and to hold perpetrators accountable. Together with education and awareness activities, formal policies and protocols contribute to increasing campus safety by preventing sexual violence and responding effectively when incidents do occur (OWD 2013). !9 Preventing and Responding to Violence Against Women and Girls Sexual Violence and Harassment Policies in Post-Secondary Institutions in Canada

Circumstances contributing to the perpetration or experience of sexual violence include institutional and social power dynamics, alcohol, and partying, all of which must be considered when developing and implementing SVH related educational programs and policies. Post- secondary institutions are obliged to provide a safe and supportive environment by educating students, staff, and faculty about consent, SVH prevalence, and SVH risk factors, as well as how to support a survivor during and after disclosure. In addition to protecting members of the campus community from sexual violence, post- secondary institutions have another compelling reason to take sexual assault seriously – they can be held liable by survivors (Greenough 2018). For example, in 2009, Carleton University was sued for more than $500,000 damages for mental suffering and psychological harm, out-of- pocket expenses and future loss of earnings by the survivor of a sexual assault in a university chemistry lab, who claimed the University was negligent because they failed to provide adequate security measures on campus (Pinchin 2009). More recently, a former residence advisor at Queen’s University sued the university for $950,000 in damages, claiming that Queen’s did not have adequate policies in place to protect survivors of sexual assault on campus, that it failed to follow existing policies to protect students, and failed to adequately inform and educate students on sexual assault (Sherriff-Scott 2018). Date of Policy Implementation/Update In the last decade, the media has been flooded with reports of SVH, and associated issues related to Canada’s post-secondary institutions. As a result, governments and institutions have responded with legislation, policy recommendations and processes designed to address concerns and initiate change. Fifty-seven percent (57%) of the policies we reviewed had been implemented between 2011 and 2017, and 27% of those had been reviewed and updated since implementation. The apparently low rate of updates reflects the fact that 41% of the policies had been implemented since 2016 (Appendix B, Table B1). Roles and Responsibilities of the Institution Stand-alone policies Seventy percent (70%) of the 155 institutions that were surveyed for this study had specific SVH policies, which is a major improvement over 20% reported in the METRAC study by Gunraj, et al. (2014) or 9% reported by Mathieu and Poisson (2014a). Among the 4 provinces WLMU requiring post-secondary institutions to implement stand-alone SVH policies, 93% had policies (Table 1). The less than 100% result for the 4 provinces WLMU is likely the result of the partial overlap between the data collection phase of our study and the effective dates of the provincial legislation. Some colleges and universities addressed SVH within other policies, including Code of Conduct, Student Disciplinary Code, Discrimination and Harassment, Sexual Harassment, or Code of Student Behaviour and Disciplinary Procedure. Although our questionnaire stipulated “specific” rather than “separate” SVH policy, stand-alone policies are important because they signal to the campus community that the institution takes the problem of sexual violence seriously and understands that post-secondary students are at high risk of sexual violence and sexual assault (EVABC 2016). Stakeholders Involved in Policy Development and Implementation Just 39% of all the policies we analyzed identified the policymakers, however 63% identified the groups responsible for implementing them. Although everyone in the university or college community plays a role in preventing and responding to sexual violence, some groups have !10 Preventing and Responding to Violence Against Women and Girls Sexual Violence and Harassment Policies in Post-Secondary Institutions in Canada unique roles to play (MSW-ON 2013). Stakeholders include post-secondary institution personnel (administration, board of directors, deans, directors, staff), faculty, personnel trained specifically in the areas of sexual violence (advocates, mediators, human resources), and students (organizations, student leaders, members of sexual assault team) and victims/survivors of sexual violence. Such a wide range of policymakers will inevitably have conflicting perspectives around defining the problem and identifying the best solution (Hibberd 2017). For example, an administrator’s first duty is to craft a policy that protects the institution, not the rights of the survivor or the accused (Franklin et al, 2017), and individuals who experience intersecting forms of oppression are more likely to experience sexual violence and less likely to have enough power to influence the policy making process (Hibberd 2017). Unless institutional templates address the needs and perspectives of distinct groups of the student population (Indigenous students, international students, students with disability, and students who are LGBTIQ2S), they risk being considered unresponsive or insensitive (Durbach & Keith 2017). Input from students, the largest groups of campus stakeholders, helps to create policies that acknowledge campus rape culture and establish a culture of believing those who have experienced sexual violence (CFS-Ontario 2017). Definitions Sexual assault, per se, is not defined in the Criminal Code of Canada, however the Supreme Court of Canada has interpreted it as an assault of a sexual nature that captures all non- consensual sexual activity ranging from fondling to penetration. Sixty-six percent (66%) of all policies (93% in provinces WLMU and 47% in provinces WOL) included a definition of SVH, though most only defined harassment, rather than SVH. The Checklist for Campus Sexual Misconduct Policies created by the White House Task Force Checklist for US Taskforce (2015) recommend including not only definitions of prohibited conduct, but also definitions of “consent” and “incapacitation” (Office of the Vice President and the White House Council on Women and Girls, 2014) Results of a 2015 Canadian Women’s Foundation poll concluded that 67% of Canadians do not understand the legal definitions of consent for sexual contact, and one in ten do not know or do not agree that consent is required within marriage and long-term relationships (CWF 2015). This is relevant because women who have experienced sexual assault may not recognize it as such because of the misalignment between the legal definition and social understanding of it (Sheehy & Gilbert 2015). Conflicts of interest Only 24% of all the policies we surveyed (39% from provinces WLMU and 13% from provinces WOL) addressed conflicts of interest for individuals whose responsibility is to follow up on reports of SVH. As already noted, administrators have certain legal obligations that may be in direct conflict with policy implementation. When a sexual assault is reported, the institution is obliged to investigate the allegations, but arguably, they have an incentive to find that no sexual assault took place (Franklin et al, 2017). A more progressive approach would be for the institution to conform to legal requirements despite any initial fallout regarding their reputation. As well, the institution is presuming to represent the rights of the complainant as well as the rights of the accused (Franklin et al, 2017). There appears to be a lack of appreciation for something that is recognized in practically every other profession – the impact that a conflict of interest has on decision-making. Unfortunately,

!11 Preventing and Responding to Violence Against Women and Girls Sexual Violence and Harassment Policies in Post-Secondary Institutions in Canada this may contribute to biased and unfair decision-making processes in sexual violence cases (Franklin et al, 2017). Sexual violence and harassment policies must protect both the student and the institution, which can be complicated because policymakers are often working at what would appear to be cross-purposes when they develop policies. Sensitivity Training in Sexual Violence and Harassment Educational initiatives and appropriate trauma-informed sexual assault training for all individuals, including community law enforcement and legal assistants, must be provided to ensure survivors’ best interests are recognized. In sexual assault victims, trauma interferes with cognitive functioning, producing delayed recall and memory loss and fragmentation (Sheehy & Gilbert, 2015). Trauma-informed training is critical for objective and fair campus responses, as well as to prevent employees from re-traumatizing survivors with inexcusable remarks (Sheehy & Gilbert 2015). Training must also address any unconscious biases and beliefs that are inconsistent with legal standards around sexual violence and consent (Jane Doe v Metropolitan Toronto Commissioner of Police, 1998). At the time of our research, Ontario, BC, Manitoba and NS had legislation or an MOU requiring post-secondary institutions to implement stand-alone campus SVH policies that include education and training (Del Gobbo 2017), yet only 46% of policies from these provinces (30% of all policies and 16% from provinces WOL) required training for anyone leading investigations, hearings or mediation (Table 1). Rights of the Complainant Confidentiality Although 66% of all policies we surveyed contained a confidentiality clause, we did not evaluate the content of the clause itself. The expectation is that such a clause guards against the improper disclosure of confidential information collected during the investigation (Boutros et al 2017). Faculty and staff must be trained to respond to the complainant so that they feel supported but are also made aware that their confidentiality may not be fully protected due to compulsory data collection and reporting requirements, or complainant and campus community safety (Sheehy & Gilbert 2015). All parties, witnesses, investigators, decision-makers, and advisors should abide by these provisions and institutions should notify parties about the scope and limits of their ability to maintain confidentiality (Boutros et al 2017). This reinforces advice sometimes shared with victims, “before disclosing an assault to a professional, ask whether you are entitled to confidentiality and what process your disclosure could initiate” (Taylor et al 2014). Representation and/or Support Fifty-four percent (54%) of all policies (75% in provinces WLMU and 38% in provinces WOL), included statements to the effect that the complainant has the right to representation and/or support during investigations, hearings or ADR. We did not collect data on the rights of the accused to representation. All individuals involved in an internal complaint resolution process (investigation or ADR) should be allowed to have representation if they wish. During the complaints process, complainants and respondents are entitled to seek representation of their choice, including legal counsel at their own expense (OHCR 2013). Specific provisions that permit each party to be represented by their chosen representative, including lawyers, should be included in the policy.

!12 Preventing and Responding to Violence Against Women and Girls Sexual Violence and Harassment Policies in Post-Secondary Institutions in Canada

Amnesty from Lesser Violations Alcohol is a significant contributing factor in situations of sexual violence (Tamburri and Samson, 2017; Dick and Ziering, 2015), and often results in circumstances where the survivor is not believed or her report of sexual violence is investigated under the lesser policy, such as Code of Conduct Policy or Student Disciplinary Policy. Policies that include immunity or amnesty for the complainant, and possible witnesses, from other violations of institutional policies in relation to consumption of alcohol and or drugs that might arise out of the same incident encourage reporting of sexual violence incidences (Burke 2013; CFS-ON 2017). Only 5% of all policies (10% from provinces WLMU and none from provinces WOL) stated that lesser violations of school policies on the part of the complainant (e.g. alcohol policies) would be excused in the case of SVH. Interim Measures Because sexual violence carries serious, life-long consequences for the survivor, interim measures to increase the survivor’s safety are essential immediately following a disclosure or report of sexual violence while the incident is being addressed (EVABC 2016). Just 51% of all the policies we reviewed (84% from provinces WLMU and 26% from provinces WOL) outlined measures to protect complainants and the campus community while a complaint was being investigated. Supportive measures differ from interim measures because the former are discretionary; they may be offered if the survivor disclosed the violence to a confidential source (counsellor) but has not formally reported it to the institution (Weiner 2017). Interim measures should be “proportional” to the degree of violence the survivor has experienced, mitigating the effects of victimization and allowing the survivor to continue with her education pending the outcome of the disciplinary process. Examples of interim measures include protection and safety, medical and mental health services including counselling and academic accommodation (Weiner 2017). Reporting and Follow-up Complainants must have access to information regarding the advantages of reporting, including available interim measures that would not otherwise be available, as well as various remedies. But they also need to know that there may be supportive measures even if they choose not to report formally (Weiner 2017). Complainant’s rights in reporting and follow-up were included in only 51% of all the policies we reviewed (76% in provinces WLMU and 32% in provinces WOL). The rights of the respondent to a complaint of sexual violence were stated more often than rights of the complainant in the METRAC study (Gunraj et al 2014). Such an omission may contribute to a survivor’s reluctance to report an incident of sexual violence. Information Regarding Results of Investigation The rights of victims of crime in Canada have been articulated in the Canadian Victims Bill of Rights and include the right to information, protection, participation, and restitution. Although these rights pertain primarily to victims involved in the criminal justice system, and not all the entitlements codified in law are relevant to the campus context, they do provide insight into the basic rights framework that institutions could use as a guide related to victims/survivors (EVABC 2016).

!13 Preventing and Responding to Violence Against Women and Girls Sexual Violence and Harassment Policies in Post-Secondary Institutions in Canada

Forty-six percent (46%) of the policies evaluated (66% in provinces WLMU and 31% in provinces WOL) regarding sexual assault policies, granted the complainant the right to be informed of the result of an investigation, hearing or disciplinary process. In many circumstances, survivors did not receive notification regarding an investigation, the results of the investigation, or actions taken (Dick and Ziering, 2015; Doolittle, 2017; Mathieu and Poisson, 2014; Forestell, 2015). Right to Appeal An appeal process protects the interests of both defendant and complainant (Gunraj et al, 2014). Although the government of Ontario publicized regulations under Bill 132, requiring that post-secondary institutions publish information regarding the way that sexual violence allegations are investigated and decided, including all processes and procedures, and avenues of appeal (Quinlan et al 2017), only 28% of all policies (52% of Ontario policies, 43% in provinces WLMU and 16% in provinces WOL) granted complainants the right to appeal decisions of mediation, hearing or investigations. Students have the right to know the case against them, to receive any document that will be relied upon in the decision, to be judged by an unbiased decision-maker, be given reasons for the decision, and have access to an appeal process (Sheehy & Gilbert 2015). The Rape Shield Law – Irrelevant Inquiries into Complainant’s Sexual History In 1983, the Supreme Court of Canada repealed rules that required timely complaint and corroboration, that allowed a victim’s sexual history to be used to challenge their credibility or imply that sexual activity was consensual, and that prevented a husband from being convicted of raping his wife (Conroy & Cotter 2017). Yet, the Select Committee on Sexual Violence and Harassment (Vernile et al 2015) reported that survivors were “still being questioned about their past, still asked about what they were wearing, and still made to feel as though they are at fault.” The report concluded that it was still too easy for Officers of the Court to evade Canada’s rape shield law and continue to scrutinize survivors about their sexual history (Vernile et al 2015). The broad wording of the law has enabled lawyers to get around the rules in the courtroom (Puddister and McNabb 2019). This, along with lack of adequate support, re-victimizes and further traumatizes survivors (Vernile et al 2015). The fact that a mere 5% of all policies (6% in provinces WLMU and 3% in provinces WOL) prevented irrelevant inquiries into the complainant’s sexual history reinforces the belief that victims will not be believed, creating an environment where survivors simply do not report incidents of sexual violence. Mediation or Informal Resolution Sexual violence and harassment policies often distinguish between “formal” and “informal” complaint procedures. Generally, informal complaints of sexual harassment involve less severe incidents that can be resolved without examining or assessing the merits of the allegations, using an informal process identified in the policy. This procedure is not appropriate if there are serious accusations. Even when an informal process is used, the policy must make it clear that the complainant will be taken seriously and their complaint will be addressed by the institution (OHRC, 2013). Forty-seven percent (47%) of all policies we surveyed (55% in provinces WLMU and 41% in provinces WOL) offered some type of informal resolution, though they were less clear about the follow-up process. Mediation was automatically pursued in 9% of the policies; in 7% of the !14 Preventing and Responding to Violence Against Women and Girls Sexual Violence and Harassment Policies in Post-Secondary Institutions in Canada policies, mediation was pursued if the survivor chooses not to make a formal complaint; in 24% of the policies, informal resolution was pursued if the survivor requested alternative dispute resolution (ADR). While our questionnaire mentioned mediation, SSMU (2017) referred to restorative justice. There are important distinctions between the two. The goal of mediation is to resolve disputes, to assist individuals involved in reaching an agreement and to decide on the terms of settlement. Restorative justice is not meant to resolve disputes but to address the harm done. It cannot take place unless the person who has caused the harm is willing to take responsibility for their actions (First ADR Kit, 2018). Restorative justice assumes that moral imbalance has been created by a harmful act. The individual causing harm has obligations toward personal accountability, whereas the survivor has no such obligations (Lyons, 2016).

!15 Preventing and Responding to Violence Against Women and Girls Sexual Violence and Harassment Policies in Post-Secondary Institutions in Canada

CONCLUSIONS Our data demonstrates that provincial legislation makes a difference in the quantity and quality of SVH policies for public post-secondary institutions. (Table 2). Table 2: Legislation Makes a Difference.

Table 2: Comparing presence of SVH policy components in institutions WLMU v WOL

Survey Components of Sexual Violence and Harassment Policy and/or % pt difference Question # Procedure surveyed in questionnaire WLMU vs WOL 10 Interim measures to protect complainants and the campus community when 57.40% following up on a complaint

3 Comprehensive definition of sexual violence and harassment 45.90%

9 Outlined complainant’s rights in the complaint reporting and follow-up process 44.30%

4 Implemented within the last 5 years (since 2011) 42.00%

1 Specific sexual violence and harassment policy 39.10%

16 Granted complainant the right to representation, support person or advocate in 37.10% mediations, hearings and/or investigations

8 Confidentiality in complaint reporting and follow-up 36.60%

19 Granted complainant the right to be informed of the result of an investigation, 35.00% hearing or disciplinary process

15 Stipulated training on issues of sexual violence and harassment for those 28.10% leading investigations, hearings or mediations

20 Granted complainant the right to appeal the decision of mediation, hearings and/ 27.40% or investigations

6 Addressed conflict of interest for those tasked with following up on a report of 26.30% sexual violence or harassment

7 Implemented by campus administration, Faculty, Students, Human Resource 21.20% Professionals, Victims

2 Named policymakers: Student groups, campus administrations etc 15.90%

5 updated since its implementation 15.40%

11 Mentiond mediation or informal resolution (ADR) when following up on reports of 14.30% sexuall violence or harassment

17 Excused lesser violations of school policies on the part of the complainant (e.g. 10.40% alcohol policies)

14 ADR pursued only if the victim requests conflict resolution 7.90%

18 Invoked rape shield law. Explicitly prevents irrelevant inquiries into 2.60% complainant’s sexual history

12 ADR pursued automatically when sexual violence or harassment is reported -0.10%

13 ADR pursued only if the victim chooses not to make a formal complaint -4.60%

!16 Preventing and Responding to Violence Against Women and Girls Sexual Violence and Harassment Policies in Post-Secondary Institutions in Canada

In 11 of the 20 components of SVH policies that we surveyed, we found positive differences of 26% to 57% in provinces WLMU compared to provinces WOL (Table 1). In addition to a 39% point increase of specific policies in provinces WLMU compared to provinces WOL, other components included interim measures to protect complainants (57% increase), comprehensive definitions of sexual violence (46% increase), complainant’s right to representation (37% increase), confidentiality (37% increase), access to information (35% increase), training for first- responders (28% increase), the right to appeal (27% increase), and conflict of interest (26% increase). For seven additional components, we found increases of 3% to 21% points. The 2 remaining components, both related to the use of ADR, decreased in provinces WLMU. Unfortunately, as our data illustrates, there remains inconsistency across policies because mandates are not comprehensive (Appendix E, Table E.1). This results in institutions with the power to create policy to meet their needs, but without the guidance necessary to ensure that policy protects students. Inadequate government regulations, provincial and federal, suggests that the problem of sexual violence involving post-secondary students is not important enough to warrant oversight (Hibberd 2017). As an example, although consent is fundamental to whether an act is considered sexually violent, none of the provincial legislation (Bill 15, 2016; Bill 23, 2016; Bill 132, 2016) requires an explanation of consent in SVH campus policy (Hibberd 2017). What makes a good policy? Sexual assault policies are a mechanism for post-secondary institutions to prioritize ending sexual assault on campus, to outline clear ways to keep students safe, to support them if they are sexually assaulted, and to discipline them if they are perpetrators of sexual violence (OWD 2013). To achieve this, they must adopt stand-alone sexual assault policies. A well-written SVH policy must not only address the needs of the entire campus community regarding sexual violence, it must include strategies and measures to prevent SVH, procedures for reporting sexual violence and guidelines to promote safety, education and awareness programs. Policies must also monitor implementation and be evaluated and updated regularly (Gunraj et al, 2014). The low rate of reporting by survivors is the biggest concern regarding data surrounding sexual violence. The survivor must always have the right to choose whether to report an incident. The rate at which incidents of SVH are reported is a reflection of the quality of the SVH policy (McCutchen et al 2018). In a well-constructed policy, survivors are able to choose how they report. The resulting data can be used to measure whether adequate policies and supports are in place (McCutchen et al 2018). Our Turn, a National Student-led Action Plan to End Campus Sexual Violence, evaluated 14 schools with student unions that signed on to the Our Turn Action Plan (SSMU 2017). They graded the schools’ SVH policies based on their compliance to 45 criteria, grouped in categories including Scope, Composition of the decision-makers, Formal and informal complaint process, and Education. Our 20-question survey was a modified version of the METRAC questionnaire (Gunraj et al 2014). While there was overlap between the CFUW survey and the Our Turn questionnaire, there were important areas that were covered by Our Turn and omitted from our analysis (Appendix D, Table D.1). We did not evaluate the: • defined, step-by-step complaint process,

!17 Preventing and Responding to Violence Against Women and Girls Sexual Violence and Harassment Policies in Post-Secondary Institutions in Canada

• existence of reporting and statistic mechanism, • opportunity to report externally to the criminal justice system and/or human rights tribunal, and • renewal process and timelines. • definition of the actors and types of activities the policy covered • including faculty, visitors, alumni, students who have ended their relationship with the institution (dropped out or transferred), who were off campus, online, students on co-op or practicum placements (SSMU 2017). • decision makers, whether they were an external third-party independent member on the review committee, or an independent investigator. • education component of the policies we reviewed • for example, the creation of a prevention, education and support committee, highlighting survivor support services, including campus services that are sexual violence specific, funding, mention of rape culture, intersectionality, and how survivors will be accommodated. While some survivors may disclose an incident of sexual violence to institution personnel who may or may not be identified in a policy document, they may not wish to pursue a formal report. These disclosures ought to be tracked because they offer a way of holding institutions and governments accountable to their policies and strategies, while still respecting the privacy and needs of survivors (McCutchen et al 2018). RECOMMENDATIONS Although SVH relating to post-secondary institutions exists in the broader context of GBV, we have limited our recommendations to issues that arose from our research, both empirical and otherwise, on SVH Policies in post-secondary institutions. When reaffirming recommendations from other reports, we cited the reports. Because Legislation Makes A Difference, we recommend: The Federal Government 1. Create and implement a National Strategy to deal with SVH relating to publicly funded Canadian post-secondary institutions. 2. Develop National Standards for adoption by all provincial and territorial governments, including: a. Mandatory policies for public post-secondary institutions by provincial/territorial governments. b. Training first-responders and front-line community workers, law-enforcement officers and court judges. 3. Implement Recommendations 7 through 10 of Taking Action to End Violence Against Young Women and Girls in Canada, of the March 2017 report of the Standing Committee on the Status of Women (Gladu et al 2017). Provincial/Territorial Governments 1. Develop comprehensive standards for, and require stand-alone SVH policies for all public post-secondary institutions, in consultation with students, faculty and other interested parties, and review them regularly: to address the needs and perspectives of distinct groups of the student population (Indigenous students, international students, !18 Preventing and Responding to Violence Against Women and Girls Sexual Violence and Harassment Policies in Post-Secondary Institutions in Canada

students with disability, and students who are LGBTIQ2S); that acknowledge campus rape culture, and; establish a culture of believing those who have experienced sexual violence (CFS-Ontario 2017). 2. Develop comprehensive standards and require training for all first-responders, front- line workers, law enforcement personnel and provincially appointed judges regarding handling reports and investigations of sexual violence. 3. Implement a process for third-party reporting of incidents of sexual violence, offering survivor confidentiality and anonymous options for reporting. Because good policy is needed in post secondary institutions, we recommend: Post-Secondary Institutions 1. Through education, address areas of campus culture, especially misogyny, rape culture and myths that support sexual violence, sexual assault, harassment and discrimination. 2. Establish education and awareness campaigns, including bystander programs and orientation packages/programs made available to every student as they arrive at the beginning of the academic school year, as well as poster campaigns and overall campus campaigns throughout the academic year. There should be a new or different approach to orientation week and social events inclusive of these recommended programs and information campaigns. 3. Provide educational initiatives, consent-aware, and appropriate trauma-informed sexual assault prevention and resolution training for all individuals, including community law enforcement and legal assistants, are provided to ensure survivors’ best interests are recognized. 4. Develop campus resources, supports and services for victims of sexual violence. 5. Implement a stand-alone SVH policy that is easily accessible, comprehensive, searchable, easily readable, and contains: definitions; roles and responsibilities; rights of the complainant and the defendant; protection for the complainant and the campus; how to report process; support services available; options for lodging a complaint; alternative dispute resolution; conflict of interest; investigation; hearing, and; appeal processes. 6. Implement an annual review and updating process that includes metrics to evaluate the efficacy of the policy and report to the student and governance bodies annually. CFUW Clubs, members, Interested Researchers 1. Advocate for the establishment of standards for SVH policies in your area, province or territory. 2. Advocate for: a. Mandatory comprehensive stand-alone SVH policies in all post-secondary institutions in your local area, province or territory, b. The development of national standards for comprehensive SVH policies. 3. Advocate for provincial and federal legislation to address SVH, task force recommendations, National Standards for SVH policies, mandatory SVH policies in all post-secondary institutions, task forces and all work related to elimination of GBV, unfounded reported cases of sexual violence and the prevention of GBV. 4. Lobby Provincial and Territorial government and your local Members of the Legislative Assembly or Members of the Provincial Parliament to: a. Mandate the implementation of SVH policies at all publicly funded post-secondary institutions in your province or territory, b. Develop standards for comprehensive SVH policies and, c. Continue to work toward the elimination and preventions of GBV and harassment. !19 Preventing and Responding to Violence Against Women and Girls Sexual Violence and Harassment Policies in Post-Secondary Institutions in Canada

5. Stay up-to-date on developments in policy, research and actions related to GBV, #TimesUp #MeToo 6. Support the development and delivery of education campaigns focusing on the elimination of sexual violence, the prevention of gender-based harassment, bystander programs, the under-reporting of sexual violence and related topics identified by your Club. 7. Survey CFUW Club members to identify topics or areas where they would like more information. Topics for consideration include campus culture, rape myths, understanding “consent”, determining what constitutes a good SVH policy, unfounded reported cases of sexual violence, the under-reporting of sexual violence and other areas as identified by your members

.

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REFERENCES Office of the Vice President and the White House Council on Women and Girls. 2014. NOT ALONE. The First Report of the White House Task Force to Protect Students from Sexual Assault. April 2014. Retrieved from: https://www.justice.gov/archives/ovw/page/file/905942/download Bill 15. 2016. The Sexual Violence Awareness and Prevention Act (Advance Education Administration Act and Private Vocational Institutions Act Amended), 1st Sess., 41st Leg., Manitoba. Retrieved from: https://web2.gov.mb.ca/bills/41-1/b015e.php Bill 23. 2016. Sexual Violence and Misconduct Policy Act. 5th Sess., 40th Leg., British Columbia. Retrieved from: https://www.leg.bc.ca/parliamentary-business/legislation-debates-proceedings/ 40th-parliament/5th-session/bills/first-reading/gov23-1 Bill 132. 2016. Sexual Violence and Harassment Action Plan Act, 1st Session, 41st Leg, Ontario, 2016 (assented to on 8 March 2016) (Can.). Bill 151. 2017. An Act to prevent and fight sexual violence in higher education institutions, 1st Session, 41st Leg, Quebec. (assented to on 8 December, 2017) Retrieved from: http:// www2.publicationsduquebec.gouv.qc.ca/dynamicSearch/telecharge.php? type=5&file=2017C32A.PDF Boutros et al 2017. ABA Criminal Justice Section Task Force on College Due Process Rights and Victim Protections: Recommendations for College and Universities in Resolving Allegations of Campus Sexual Misconduct. The American Bar Association. Retrieved from: https://www.americanbar.org/ content/dam/aba/publications/criminaljustice/2017/ABA-Due-Process-Task-Force- Recommendations-and-Report.authcheckdam.pdf Brown, L. (2016, April 6). U of T Unveils Sexual Violence Prevention Plan. Retrieved from: https:// www.thestar.com/yourtoronto/education/2016/04/06/u-of-t-unveils-sexual-violence-prevention- plan.html Burke, T. 2013. Your First Rape is Free...Your Second Rape Will Cost You Seven Figures. Retrieved from SSRN: https://ssrn.com/abstract=2363295 or http://dx.doi.org/10.2139/ssrn.2363295 Canadian Criminal Code (R.S.C., 1985, c. C-46 CBC Fifth Estate. 2015, November 23. School of Secrets. The Fifth Estate, Episode 41. Retrieved from: http://www.cbc.ca/fifth/episodes/2015-2016/school-of-secrets CBC News 2013a, September 5. Saint Mary’s University frosh chant cheers underage sex. Retrieved from: https://www.cbc.ca/news/canada/nova-scotia/saint-mary-s-university-frosh-chant-cheers- underage-sex-1.1399616 CBC News 2013b, September 7. UBC investigates frosh students’ pro-rape chant. Retrieved from: https:// www.cbc.ca/news/canada/british-columbia/ubc-investigates-frosh-students-pro-rape- chant-1.1699589 CBC News. (2016, January 7). UBC Sexual Assault Policies Prompt Open Letter from Faculty. Retrieved from: http://www.cbc.ca/news/canada/british-columbia/ubc-sexual-assault-policies-open- letter-1.3393766 CBC News. 2014, December 15. Dalhousie University probes misogynistic student 'Gentlemen's Club'. https://www.cbc.ca/news/canada/nova-scotia/dalhousie-university-probes-misogynistic-student- gentlemen-s-club-1.2873918 CBC News. 2015, February 06, ‘Utterly shocking’: Sex assault reporting on campuses worryingly low. https://www.cbc.ca/news/canada/sex-assault-reporting-on-canadian-campuses-worryingly-low- say-experts-1.2948321 CBC News. 2016, July 23, 9 Reasons Canada’s Crime Rate is Falling. https://www.cbc.ca/news/canada/ manitoba/9-reasons-crime-rate-1.3692193 !21 Preventing and Responding to Violence Against Women and Girls Sexual Violence and Harassment Policies in Post-Secondary Institutions in Canada

CFS-Ontario (Canadian Federation of Students – Ontario) 2017. Campus Toolkit for Creating Consent Culture. Retrieved from: http://cfsontario.ca/wp-content/uploads/2017/07/Factsheet- SexualAssault.pdf Cheng K, Sze J. 2015, March 22. Forum Calls for Consent Culture Initiatives on Canadian Campuses. Toronto Observer. Retrieved from: https://torontoobserver.ca/2015/03/22/forum-calls-for-consent- culture-initiatives-on-canadian-campuses/#content Chiose, S. (2016b, April 4). Sexual-Assault Task Force Calls for Anonymous Reporting System on Campuses. Globe and Mail. The Globe and Mail. Retrieved from: https://theglobeandmail.com/ news/national/sexual-assault-task-force-calls-for-anonymous-reporting-system-on-campuses/ article29518857 Conroy, S. Cotter, A. 2017. Statistics Canada. (2017, July 11). Self-Reported Sexual Assault in Canada, 2014. Retrieved from https://www150.statcan.gc.ca/n1/en/pub/85-002-x/2017001/article/14842- eng.pdf?st=KG8HuQ0u Crabb J 2016, Apr 5. 'Behavioural contract' for sex assault victims a mistake: Brandon U president. Winnipeg CTV News. https://winnipeg.ctvnews.ca/behavioural-contract-for-sex-assault-victims-a- mistake-brandon-u-president-1.2846306 CWF (Canadian Women's Foundation) 2015. Only 1 in 3 Canadians Know What Sexual Consent Means. Retrieved from: https://www.canadianwomen.org/about-us/media/1-3-canadians-know-sexual- consent-means/ Del Gobbo, D. 2017. Oct 24. Preventing Sexual violence on campus. Canadian colleges and universities must respect gender equality and fair process in adjudicating cases of sexual violence. Policy Options. http://policyoptions.irpp.org/magazines/october-2017/preventing-sexual-violence-on- campus/ Derworiz, C, 2016, Sept 8. Province expects all publicly funded Alberta universities and colleges to adopt sexual assault policies Calgary Herald. https://calgaryherald.com/news/local-news/campus- safety Dick, K., Ziering, A. (2015). The Hunting Ground. CNN Films. Retrieved from https://en.wikipedia.org/wiki/ The_Hunting_Ground or http://thehuntinggroundfilm.com/ Doolittle, R. (2017, February 3). Why Police Dismiss 1 in 5 Sexual Assault Claims as Baseless. Retrieved from https://www.theglobeandmail.com/news/investigations/unfounded- sexual-assault-canada- main/article33891309 Durbach A. Keith K. 2017. On Safe Ground. Strengthening Australian university responses to sexual assault and harassment. A Good Practice Guide for Australian Universities. Australian Human Rights Centre (AHRCentre), University of New South Wales (Sydney). Retrieved from: http:// www.ahrcentre.org/topics/strengthening-australian-university-responses-sexual-assault-and- harassment Ending Violence Association of BC. (EVABC) 2016. Campus Sexual Violence: Guidelines for a Comprehensive Response. (Western Canada Sexual Assault Initiative—Funded by Status of Women Canada). Retrieved from: http://endingviolence.org/publications/campus-sexual-violence- guidelines First ADR Kit. 2018, Feb 12. Restorative Justice and Mediation – what’s the difference? Retrieved from: http://firstadrkit.org/adr/restorative-justice-and-mediation/ Forestell H. 2015, March 18. Atlantic Universities eye sexual assault reporting standard. CBC News. https://www.cbc.ca/news/canada/new-brunswick/universities-province-eye-sexual-assault- reporting-standards-1.2998370 Fowler, S. (2015). Sexual Assault Survey for UNB Students Will Shape New Policy. Retrieved from: http:// cbc.ca/news/canada/new-brunswick/sexual-assault-unb-survey-1.3275885

!22 Preventing and Responding to Violence Against Women and Girls Sexual Violence and Harassment Policies in Post-Secondary Institutions in Canada

Fowler, S. (2016, February 17). New Brunswick Universities Report 12 Sexual Violence Cases. University of New Brunswick Had 9 Reported Cases of Sexual Violence Last Term. Retrieved from: www.cbc.ca/news/canada/new-brunswick/new-brunswick-universities-sexual-assault-1.3451426 Franklin, T.J., Taylor, D.C., and Beytagh, A. 2017 Addressing Conflicts of Interest in the Context of Campus Sexual Violence, 2017 BYU Educ. & L.J. 1 (2017). Available at: https:// digitalcommons.law.byu.edu/elj/vol2017/iss1/2 Fuller RB, O’Sullivan LF, Belu CF. 2016. UNB Sexual Assault Climate Survey, University of New Brunswick Fredericton. https://www.unb.ca/initiatives/_assets/documents/sexualassault/assault- climate.pdf Gallant J, Vautour A, LeClair P, Munro N, Lemieux K, Riley M, Fahey M, McCullough, P., Bourgeois, M., Hems, S. (2015). The Fog of Rape: Normalizing a Campus Crime. The New Brunswick Beacon. Gladu, Marilyn et al. 2017, March: Report of the Ministry of the Status of Women, Taking Action to End Violence Against Young Women and Girls in Canada: 42nd Parliament, 1st session. Global News October 2018 Ontario student leaves Nova Scotia university after alleged rapist returns to campus; by Brett Bundale, Canadian Press: https://globalnews.ca/news/4526796/ns-university- sexual-assault/ Gill J. 2016, August 22. New sexual violence policies in place for Frosh week in Fredericton. CBC News. https://www.cbc.ca/news/canada/new-brunswick/unb-stu-frosh-sexual-violence-1.3731367 Greenough, L. 2018. Campus Sexual Assaults: Policy and Liability Considerations. Stewart McKelvey. Retrieved from: http://www.mondaq.com/canada/x/740002/Education/Campus+sexual+a Gunraj, A., Wandis, C., Abdullah, S., Komiotis, W., Marshall, P., Mustachi, J., Rahim, C., Witelson, T. (2014). Sexual Assault Policies on Campus: A Discussion Paper. (METRAC). Retrieved from http://www.metrac.org/wp-content/uploads/2014/11/final.formatted.campus.discussion.paper_. 26sept14.pdf Hibberd, A. 2017. How University Policymakers problematize sexual violence on their campus. A Policy Discourse Analysis. http://digitool.library.mcgill.ca/webclient/StreamGate? folder_id=0&dvs=1553910419479~376 Iemma, L. (2016b). Sexual Violence: An Overview of the Issue. (CFUW) Jane Doe v Metropolitan Toronto Commissioner of Police, 39 OR (3d) 487 (S Ct,1998). Kane, L. (2016, March 7). Universities Dragging Heels on Sex Assault Policies. The Canadian Press. Retrieved from https://www.theglobeandmail.com/news/national/universities-dragging-heels-on- sex-assault-policies-students/article29045637/ Khosroshahy, P. (2016). McGill Feeds a Cycle of Sexual Violence. Retrieved from https:// www.huffingtonpost.ca/paniz-khosroshahy/mcgill-cycle-sexual-violence_b_9778676.html Laframboise, K. 2019, Jan 11. Some Quebec universites, CEGEPs miss deadline for sexual violence policies. Global News. Retrieved from: https://globalnews.ca/news/4839917/some-quebec- universities-cegeps-miss-deadline-for-sexual-violence-policies/ Lopes-Baker, A. and McDonald, M 2017 Canada and United States: Campus Sexual Assault Law & Policy Comparative Analysis, 41 Can.-U.S. L.J. 156 (2017) Available at: https:// scholarlycommons.law.case.edu/cuslj/vol41/iss1/8 Lyons, A. 2016. Restorative Justice vs. Conflict Resolution: Assessing for Intervention. Just Outcomes. Retrieved from: https://www.justoutcomesconsulting.com/restorative-justice-vs-conflict-resolution- assessing-for-intervention#post-comments Mathieu, E., Poisson, J. (2014a, November 20). Canadian Post-Secondary Schools Failing Sex Assault Victims. Retrieved from: https://www.thestar.com/news/canada/2014/11/20/ canadian_postsecondary_schools_failing_sex_assault_victims.html !23 Preventing and Responding to Violence Against Women and Girls Sexual Violence and Harassment Policies in Post-Secondary Institutions in Canada

Mathieu, E., Poisson, J. (2014b, November 29). Universities Vow to “Prevent and Respond” to Sexual Assault. Retrieved from: https://www.thestar.com/news/canada/2014/11/29/ universities_vow_to_prevent_and_respond_to_sexual_assault.html McCutchen, C, Simpson, N, Middlemass, H. 2018. Shared Perspectives: A Joint Publication on Campus Sexual Violence Prevention and Response. Alliance of BC Students, College Student Alliance, Ontario Undergraduate Student Alliance, Union étudiante du Québec, New Brunswick Student Alliance, Students Nova Scotia, University of Prince Edward Island Student Union, Canadian Alliance of Student Associations. Retrieved from: https://www.ousa.ca/ misc_sharedperspectives_campus_sexualviolence McGillivray, T. (2014, November 24). Status of Women & Human Rights Committee Report. CFUW Ontario Council, October 27, 2014) McLaughlin, M. (2015). Sexual Harassment Among Students: An Examination of University Policies and Practices. (Thesis, The University of New Brunswick, September 2015). Retrieved from: https:// unbscholar.lib.unb.ca/islandora/object/unbscholar%3A7146 Morrison, J. 2016, March 8. Let’s Put an End to Sexual Violence on Campus. Retrieved from: https:// www.thestar.com/opinion/commentary/2016/03/08/lets-put-an-end-to-sexual-violence-on- campus.html OHCR (Ontario Human Rights Commission). 2013. Procedures for resolving complaints. in A Policy Primer: Guide to developing human rights policies and procedures. Retrieved from: http:// www.ohrc.on.ca/sites/default/files/A%20policy%20primer_Guide%20to%20developing%20human %20rights%20policies%20and%20procedures_2013.pdf Ontario Women’s Directorate. (2013). Developing a Response to Sexual Violence: A Resource Guide for Ontario’s Colleges and Universities. Ottawa, ON: Queen’s Printer for Ontario. Retrieved from: http://www.citizenship.gov.on.ca/owd/english/ending-violence/campus_guide.shtml Pinchin, K. 2009. "Sex-assault victim sues Carleton for negligence", Macleans, August 10, 2009. Retrieved from: https://www.macleans.ca/education/uniandcollege/sex-assault-victim-sues- carleton-fornegligence Porter, C. (2014). Universities Need Sexual Assault Policies. Retrieved from http://www.thestar.com/news/ world/2014/11/21/porter_universities_need_sexual_assault_policies Puddister, K. NcNabb, D. 2019. March 5. #MeToo: In Canada, rape myths continue to prevent justice for sexual assault survivors. https://theconversation.com/metoo-in-canada-rape-myths-continue-to- prevent-justice-for-sexual-assault-survivors-110568 Quinlan, E., Quinlan, A., Fogel, C., Taylor, G. (2017). Sexual Violence at Canadian Universities: Activism, Institutional Responses and Strategies. Wilfrid Laurier University Press Senn CY, Eliasziw M, Barata PC, Thurston WE, Newby-Clark IR, Radtke HL, and Hobden KL.2014. Sexual violence in the lives of first-year university women in Canada: no improvements in the 21st century. BMC Women’s Health 2014 14: 135. https://bmcwomenshealth.biomedcentral.com/ articles/10.1186/s12905-014-0135-4 Sheehy E, Gilbert D. 2015. Responding to Sexual Assault on Campus: What Can Canadian Universities Learn from US Law and Policy? in Sexual Assault on Canadian University and College Campuses (Wilfrid Laurier University Press). Elizabeth Quinlan, Andrea Quinlan, Curtis Fogel & Gail Taylor, eds. Retrieved from: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2641844 Shen, A 2017. Universities across Canada implement sexual violence policies. University Affairs. https:// www.universityaffairs.ca/news/news-article/universities-across-canada-implement-sexual- violence-policies/

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Sherriff-Scott, I. 2018. University faces lawsuit over residence sexual assaults. The Queens Journal. Retrieved from: https://www.queensjournal.ca/story/2018-06-25/news/university-faces-lawsuit- over-residence-sexual-assaults/ Simes J. 2015. Jayme Poisson on Investigative Reporting on Sexual Assault. J Source. The Canadian Journalism Project. http://j-source.ca/article/jayme-poisson-on-investigative-reporting-on-sexual- assault/ SSMU (Student's Society of McGill University) 2017. Our Turn. A National Student-Led Action Plan to End Campus Sexual Violence https://ssmu.ca/wp-content/uploads/2017/10/ our_turn_action_plan_final_english_web.pdf?x26516 Tamburri, R., Samson, N. (2014, October 20). Ending Sexual Violence on Campus. Retrieved from https:// www.universityaffairs.ca/features-article/ending-sexual-violence-campus Taylor, C., Leanage, N., Berrington, L. (2014). A Student’s Guide to Getting Help After a Sexual Assault. Retrieved from http://canadian.read101.ca/getting-help-after-sexual-assault/ The White House Task Force to Protect Students from Sexual Assault. 2014. Checklist for Campus Sexual Misconduct Policies. Retrieved from: https://www.nccpsafety.org/assets/files/library/ Checklist_for_Campus_Sexual_Misconduct_Policies_-_Not_Alone.pdf Thomson, A. (2016, February 21). Dalhousie Profs Frustrated Ahead of Dentistry School Update on Addressing Sexism. Retrieved from https://atlantic.ctvnews.ca/dalhousie-profs-frustrated-ahead- of-dentistry-school-update-on-addressing-sexism-1.2786831 University of Alberta 2016. Review of the University of Alberta’s Response to Sexual Assault. https:// cloudfront.ualberta.ca/-/media/ualberta/office-of-the-provost-and-vice-president/vice-provost-and- dean-of-students/documents/reports/uofasexualassaultreview.pdf Vernile, D. Chair. 2015. Select Committee on Sexual Violence and Harassment, Final Report. Legislative Assembly on Ontario. Ward, L. 2017, April 24. New Post-Secondary Sexual Assault Policies a Start but Fall Short, Experts Say. Retrieved from http://www.cbc.ca/news/canada/new-post-secondary-sexual-assault-policies-a- start-but-fall-short-experts-say-1.4078365 Weikle B. 2016, September 13. ‘Alcohol is not consent’: Universities face increasing pressure to address campus sexual assault. CBC News. https://www.cbc.ca/news/canada/campus-sexual- assault-1.3750355 Zilio, M. (2017, March 20). Ottawa Pushed to Collect Data on Unfounded Sex-Assault Cases. Retrieved from https://www.theglobeandmail.com/news/politics/ottawa-pushed-to-collect-data-on- unfounded-sex-assault-cases/article34358732/

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APPENDICES Appendix A, Data collection Table A.1 Total number of Canadian post-secondary institutions by Province/ Territory, number and percentage reviewed.

No. Province/Territory Total No. Reviewed / % Reviewed % of Total Province / Province Reviewed Quebec 66 47 71% 30% Ontario 55 33 60% 22% British Columbia 27 16 59% 10% Saskatchewan 17 14 82% 9% Alberta 20 11 55% 7% Nova Scotia 11 10 91% 6% Manitoba 8 8 100% 5% New Brunswick 7 7 100% 5% Northwest Territories, Nunavut, Yukon 4 4 100% 3% Prince Edward Island 3 3 100% 2% Newfoundland 2 2 100% 1% Total 220 155 70.7%

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Appendix B. Raw data Table B.1 Summary of Raw Numeric data from 162 completed questionnaires.

Question Response Yes No Unclear N/A 1 Is there a specific sexual violence and harassment policy? 109 42 4 0 2 Does the policy state who/which groups(s), such as a student 60 40 13 0 group or Administration on campus, was responsible for the development of the policy? If yes, who/which groups? 3 Does the policy include a comprehensive definition of sexual 103 9 1 0 violence and harassment? 4 Has the policy been implemented within the past 5 years (since 87 21 5 0 2011)? 5 Has the policy been updated since its implementation? 42 16 10 45* 6 Does the policy address conflict of interest for those tasked with 37 65 11 0 following up on a report of sexual violence or harassment? If yes, how? 7 Does the policy implementation involve such groups as 96 8 9 0 Administration on campus, Faculty, Students, Human Resources Professionals, Victims? If yes, which groups. 8 Does the policy stipulate confidentiality in complaint reporting 101 9 3 0 and follow-up process? 9 Are complainant rights in the complaint reporting and follow-up 79 24 10 0 process outlined? 10 Does the policy outline interim measures to protect complainants 79 24 10 0 and the campus community when following up on a complaint? 11 Does the policy appear to allow for mediation or informal 72 25 16 0 resolution when following up on reports of sexual violence and harassment? 12 When sexual violence or harassment is reported is mediation 14 78 18 3 pursued automatically? OR 13 Pursued only if the victim chooses not to make a formal 10 69 28 6 complaint? OR 14 Pursued only if the victim expressly requested conflict 36 40 31 6 resolution? 15 Does the policy stipulate that those leading investigations, 47 49 16 1 hearings or mediations must be trained on issues of sexual violence and harassment? 16 Does the policy state that the complainant has the right to 82 21 10 0 representation, a support person or an advocate in mediations, hearings and/or investigations?

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Response

Question Yes No Unclear N/A 17 Does the policy state that lesser violations of school policies on 7 96 8 2 the part of the complainant (e.g. alcohol policies) will be excused in a case of sexual violence or harassment? 18 Does the policy explicitly prevent irrelevant inquiries into the 7 95 10 1 complainant’s sexual history? 19 Does the policy say a complainant has the right to be informed 71 33 9 0 of the result of an investigation, hearing or disciplinary process? 20 Does the policy say a complainant has the right to appeal the 43 57 12 01 decision of mediation, hearings, and/or investigations?

* Post-secondary Institutions with new sexual violence and harassment (SVH) policies.

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Appendix C. Policymakers and Stakeholders Chart C.1. Relative Relationship of Composition of Policymakers and Stakeholders FOUR GROUPS OF STAKEHOLDERS for an SVH policy on campus 1. Governance, including board of governors/directors; 2. Faculty, including vice-presidents, deans, department heads, and other faculty; 3. Staff, including administration, contract staff and teaching assistants, campus security, student services; and 4. Students, including Indigenous students, international students, students with disability, students who are LGBTIQ2S, and often, but not always, survivors and offenders.

GROUPS OF POLICY MAKERS: These were the four specifically named groups who had a role in creating SVH policy at institutions surveyed. [n=109]

A COMMUNITY-BASED COMMITTEE, INVESTIGATION TEAM, CAMPUS-WIDE CONSULTATION OR OTHER GOVERNANCE AND FACULTY 10% 23% STUDENTS, WITH ADMINISTRATION, FACULTY STAFF, VARIOUS DEPARTMENT HEADS 32% VICE-PRESIDENTS, DEANS, DIRECTORS, HUMAN RESOURCES, CAMPUS SECURITY AND/ OR STUDENT SERVICES

35%

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Appendix D: Table D. Comparison of the criteria evaluated in Our Turn (SSMU 2017) to criteria evaluated in the CFUW study.

Q# Q# in OUR GENERAL CFUW TURN survey

1 Existence of a policy that covers SV (+12) 1

2 Existence of a stand-alone policy (+6)

3 Accessible policy - Online (+2) 1

4 Accessible policy - One document (+2)

5 Clearly defined complaint process requires clearly outlined and defined step-by-step process * (+2)

6 Existence of reporting and statistic mechanisms (+2) *

7 * Ability to report externally to the criminal justice system and/or human rights tribunal (+2)

8 Does not include the ability to suspend complaint if the complainant also seeks recourse from criminal justice system (+2 points)

9 * Renewal and review of policy (+4 if annual/every 2 years OR review after 1st year and then every 3, +3 if review every 3 years, +2 if reviewed every 4, +1 if review +5 years)

SCOPE

10 Faculty and staff are processed under the same SVP as students (+4) *

11 * Defines consent effectively - recognizes drugs/alcohol, power relations, revocation of consent, consent cannot be assumed, cannot be obtained through coercion and threats (+ 5)

12 Covers visitors and alumni (would include any specific mention of the ability to ban visitors * and alum from campus and have no contact orders) (+2)

13 Ensures complaints are not suspended if the respondent ends their relationship with the * school (i.e. transfers or drops out) (+2 points) 14 * Covers off campus activity that impacts ability to live and learn on campus (+1)

15 Covers online activity (+1) *

16 Covers stealthing (+1) *

17 Explicitly covers co-op and practicum placements (+1)

COMPOSITION OF THE DECISION MAKERS 2.7

18 Existence of an external third-party independent member on the review committee (+2) *

19 Existence of student representatives on the review committee (+2)

20 Explicitly mandating sexual violence sensitivity training (+2) 15 !30 Preventing and Responding to Violence Against Women and Girls Sexual Violence and Harassment Policies in Post-Secondary Institutions in Canada

21 Existence of an independent investigator (+2) *

FORMAL AND INFORMAL COMPLAINT PROCESS

22 Existence of informal and restorative justice mechanisms (+1 for informal and +1 for 11 restorative justice)

23 Explicit rape shield protections - prohibition of questions regarding past sexual history (+2) 18

24 Existence of Face to Face Protections (+2) 10

25 Existence of specific immunity clause for drug and alcohol use (+2) 17

26 Explicit mention that all sanctions ordered against respondent will be made known to survivor 19 (+2)

27 Clearly defined timelines for complaint process (+2) *

28 Interim Measures (+1 for existence and +1 for explicit survivor-centrist stance) *

29 Does not include a frivolous claims section (+2)

30 Ability to have support person present (+1) 16

31 Existence of a conflict of interest clause (+1) 6

32 Does not include an exception clause (+2)

33 Existence of protection from retaliation (+1) *

34 Existence of ability to submit anonymous and third-party complaints (+2) 8

35 Does not include a time limit to file a formal complaint after incident (+2) *

36 Does not include a gag order at any point (+2) *

37 Appeal process (+1 ability to appeal and +2 appeal to an external non-administrative body) 20

EDUCATION

38 Creates a prevention, education and support committee (+1) *

39 Highlights support services available for survivors (+2) *

40 Committed funding to support programs (+1) *

41 Highlights prevention programs on campus (+1) *

42 On campus services that are sexual violence specific (+1) *

43 Intersectionality recognized (+2) *

44 Rape culture mentioned (+2) *

45 Accommodations for survivors mentioned (+1) *

!31 Preventing and Responding to Violence Against Women and Girls Sexual Violence and Harassment Policies in Post-Secondary Institutions in Canada

Appendix E. Positive Responses in Provinces WLMU (ranked) Table E.1. Percentage positive responses from institutions in BC, MB, ON, and NS (provinces WLMU) N=67. Legend: Green > 75%. Yellow < 75% > 50%. Red < 50% WLMU Q# Questions (paraphrased) (%)

1 Specific sexual violence and harassment policy 93% 3 Comprehensive definition of sexual violence and harassment 93%

8 Confidentiality in complaint reporting and follow-up 87% Interim measures to protect complainants and the campus community when following 10 84% up on a complaint

4 Implemented within the past 5 years (since 2011) 81% 9 Complainant’s rights in the complaint reporting and follow-up process outlined 76%

Implemented by campus administration, Faculty, Students, Human Resources 7 75% Professionals, Victims Complainant has right to representation, support person or advocate in mediations, 16 75% hearings and/or investigations

Grants complainant the right to be informed of the result of an investigation, hearing or 19 66% disciplinary process Mentions mediation or informal resolution (ADR) when following up on reports of 11 55% sexual violence and harassment

2 Names policymakers: student groups, campus administration, etc. 48% Stipulates training on issues of sexual violence and harassment for those leading 15 46% investigations, hearings or mediation

Grants complainant the right to appeal the decision of mediation, hearings and/or 20 43% investigations Addresses conflict of interest for those tasked with following up on a report of sexual 6 39% violence or harassment

5 Updated since its implementation 36% 14 ADR is pursued only if victim requests conflict resolution 28%

Grants amnesty for lesser violations of school policies on the part of the complainant 17 10% (e.g. alcohol policies) 12 ADR is pursued automatically when sexual violence or harassment is reported 9%

Invokes rape shield law. Explicitly prevents irrelevant inquiries into the complainant’s 18 6% sexual history 13 ADR is pursued only if the victim chooses not to make a formal complaint 4%

!32 Preventing and Responding to Violence Against Women and Girls Sexual Violence and Harassment Policies in Post-Secondary Institutions in Canada

Appendix F: List of Supplementary materials

1. List of Public Canadian Post-Secondary Institutions 2. Cover Letter Sent to Clubs (original Appendix 6.3, 6.4) 3. Instructions for Data Collection (original Appendix 6.5, 6.6) 4. Research Project Proposed Initiative (original Appendix 6.7, 6.8) 5. Research Project Questionnaire (original Appendix 6.9, 6.10) 6. Participating CFUW Clubs (original Appendix 6.11, 6.12)

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