91��ү

The Sexualized Violence Policy executive summary (PDF) outlines key points within the updated policy.

The Disclosure Flow Chart (PDF) is a step-by-step guide to help you decide the appropriate actions for making a disclosure. For complete information, refer to the detailed Sexualized Violence Procedures listed below.

A one-page reference guide (PDF) provides clear steps for supporting survivors, along with details on available resources and immediate support options.

Sexualized Violence Procedures (PDF)

Q. What information has changed in the policy? 

After an extensive review, including internal subject matter expert opinion, sexualized violence training has shifted from being mandatory to strongly recommended. This adjustment highlights the importance of training and education while also recognizing the need for flexible, trauma-informed approaches. This change aims to ensure the well-being of participants, particularly by minimizing the risk of re-traumatization for survivors. The University strongly encourages  all stakeholders, including Board members and Administration, complete the training. 

The updated Sexualized Violence Policy reflects best practices and feedback collected from stakeholders within the University community. It includes revisions based on research from other universities' policies and the recommendations from the 2021 CCLISAR report. Key changes are aimed at enhancing clarity, aligning with best practices, and improving the overall effectiveness of the policy. 

Q. What are the education and training options for students, faculty, and staff?  

91��ү offers the Seeds of Change Bystander Intervention training in partnership with Sexual Violence New Brunswick. This training has been proven to be a successful tool in helping to raise awareness about sexual violence on campus and encourage individuals to feel confident intervening when possible. This training is offered at no cost to students, faculty, and staff.  

Details of how to register are shared with students, faculty, and staff via their MtA email address. If you have questions about how to access the training, please contact Student Affairs at studentlife@mta.ca  

Q. Is additional training provided to staff involved in the investigation process? 

Yes, all staff involved in the investigation process will receive thorough training for their specific roles in addition to receiving mandatory relevant training. Education and training will be reviewed on an ongoing basis to ensure training remains relevant. This is detailed in the policy section 3.9 “Trained Personnel” under Part Three: Principles Governing the Response and Investigative Process. 

Q. Why were my comments not reflected in the policy? 

Some comments provided during the review process were specific to procedural and implementation aspects. These will be addressed in forthcoming, accompanying companion documents, such as the procedures and implementation support documents, which we are near completion.

Q. Where is the policy located? 

The revised Sexualized Violence Policy is published and available on the mta.ca under Policies and Procedures.

Q. What is being done to make the policy more user friendly and accessible? 

To ensure the policy is more accessible and easier to navigate, companion documents such a policy flow chart, educational resources, and support materials are being developed. These documents will make the policy easier to understand and use and will be posted on the Sexual Violence Action Plan webpage in September. A PDF version of the policy is also available under Policies and Procedures – Sexualized Violence Policy 1006. 

Q. How is the policy being implemented? 

The policy is being implemented with the development of the Sexualized Violence Procedures document, which will provide detailed guidance on how the policy will be enacted. This document will be shared mid-September, along with educational materials to support understanding and application. 

After a thorough review process, the policy was presented to and approved by the Board of Regents on Thursday, Aug. 15.  

Summary of the Review Process 

The review of this policy was highly consultative with input from students, faculty, and staff. The review committee were thorough in considering all feedback and held significant discussions.  

The policy was first reviewed and approved by the Student Affairs and the Finance and Administration Board Standing Committees, before being presented to and approved by the Board of Regents.  

The Review committee carefully considered and incorporated feedback from best practices, policies from other universities, internal subject matter expert opinion, and the recommendations found in the 2021 CCLISAR examination report. 

We understand that some comments were specific to procedural and implementation aspects. These will be addressed in forthcoming, accompanying companion documents, such as the procedures and implementation support documents, which are near completion. 

View Policy 1006 — Sexualized Violence Policy | PDF Version

Next Steps for mid-September 

• We are currently developing the companion Sexualized Violence Procedures documents, and we expect to share further details in the coming weeks.  
• An executive summary and a flow chart are being created to help make the policy easier to understand. 
• Educational materials and process information will be included in these companion documents and posted on the Sexualized Violence Services webpage on mta.ca, including annual reporting as required by the policy. 
• Thank you for your feedback and engagement throughout the review process. 91��ү does not tolerate sexualized violence and the Sexualized Violence Policy reaffirms our commitment to fostering a safe, respectful, and inclusive environment for all members.  

Thank you for your feedback and engagement throughout the review process. 91��ү does not tolerate sexualized violence and the Sexualized Violence Policy reaffirms our commitment to fostering a safe, respectful, and inclusive environment for all members.  

Over the last few months, the committee met weekly and worked diligently to review the collected feedback provided through letters, email, in-person meetings and information sessions, and anonymous form submissions.

Summary of recent efforts

The review committee submitted a revised copy of the Sexualized Violence Policy 1006 to the department of Student Affairs to review. The new draft reflects the diverse perspectives shared during the feedback phase, ensuring that the significant input from each group is captured within the policy.

The committee also documented implementation-related comments received during the feedback submission phase that requires additional review to determine next steps for updating and revising the Sexualized Violence Procedures. This collective effort has integrated current best practices and reflects the dedication of individuals and groups within our community.

Current Status

The policy has been reviewed by Student Affairs with further comments presented to the committee. The comments have been reviewed and incorporated into the policy accordingly.

Next Steps

Sexualized Violence Policy 1006 will be presented to the Board of Regents this summer for final review and approval including a separate document of the comments gathered about implementing the policy for the board to decide on next steps. It is the hope that the new policy will be approved prior to the start of the Fall term. The procedures and educational documents will be developed separately and will also incorporate feedback provided by the various stakeholders.

Thank you to the Review Committee for their diligent work and dedication in revising Sexualized Violence Policy 1006. Their efforts have ensured that the new policy reflects both best practices and the valuable feedback shared by our community.

The feedback collection phase concluded on Monday, Feb. 12. During this phase, the review committee gathered input from various campus groups through anonymous forms, email submissions, and in-person feedback sessions.  

Next Steps 

The committee is currently reviewing all feedback received to provide recommended changes on the policy and procedures that reflect all groups and individual needs on campus.  

The committee will propose changes to the policy and procedures to the Board of Regents at the end of March 2024. A comprehensive summary of the proposed revisions will be made available on the Sexualized violence prevention action plan page. We will notify the community when this summary becomes available at the end of the month.  

We thank you for your contributions to this important review process.  

The Sexualized Violence Policy Review Committee invites your input pertaining to prevention, support, and education regarding the Sexualized Violence Policy and Procedures at 91��ү. 

The committee has also sought feedback from a variety of groups on campus, including MASA (CUPE 3433), MAFA, CUPE 2338, MASU as well as the Feminist Faculty Network.

All members of our University community are welcome to provide feedback individually and anonymously, should they wish to do so separately from a group submission.

We are seeking input from 91��ү community members on the following documents: 

1. Sexualized Violence Policy 1006
2. Procedures Under the Sexualized Violence Policy - Draft

To submit feedback

Community feedback is important in ensuring the policy reflects all group and individual needs.

• To submit your feedback online, please fill out the by Monday, February 12. You are also welcome to send feedback directly to a member of the Policy Review committee and copy Tina Warren at twarren@mta.ca.  

There is an opportunity to provide feedback in-person during the following sessions with members of the Policy Review Committee:  

• In-person student session: 
  NEW DATE! Monday, Jan. 22 | 6 p.m., Gracie's Café.
   
• In-person student, faculty and staff session: 
  Wednesday, Jan. 24 | 3:30 – 4:30 p.m., Windsor Grand Room (hybrid)
  Please e-mail twarren@mta.ca for the Teams link.

I would like to draw your attention to two resources that may be of assistance to you during your review of 91��ү’s Sexualized Violence Policy and procedures.

1. In 2021, the Canadian Centre for Legal Innovation in Sexual Assault Response (CCLISAR) conducted a comprehensive examination of 91��ү policies, practices, and resources and included a wide range of recommendations for the University: CCLISAR IRP Report 
    
2. The second resource is the — a framework to address and prevent gender-based violence at post-secondary institutions. The section that begins on page 59 discusses some best practices for post-secondary institution sexualized violence policies. 

91��ү continues to be committed to the improvement of sexual violence education, prevention, and support on campus. The Sexualized Violence Policy and Procedures represent the foundation of the University’s efforts to combat sexualized violence and we understand the importance of ongoing improvements to continue to offer the safest and most inclusive campus environment for all.
 
Since discussions regarding the Policy began in 2020, significant progress has been made thanks to valuable input from the University community.
 
When we approved Policy 1006 last year, we made a commitment to engage the community in a review one year after its introduction. That review will soon begin and will provide an opportunity for community members and groups to share their feedback and reflections.
 
In order to facilitate this process, a working committee has been established. This group, comprised of faculty, staff, students, a member of the Board of Regents, and external experts will welcome all feedback on the Sexualized Violence Policy and Procedures from all University community members. 
 
Review Committee Members include: 

• Anne Comfort (Vice-President, International and Student Affairs)
• Dr. Toni Roberts (Faculty)
• Dr. Andrea Morash (Faculty)
• Cailean Clements (Student)
• Stephanie Myers, Campus Sexual Violence Advisor at Women’s Equality GNB (External)  
• Lucy Ofori (Staff)
• Lisa Yarmoshuk (Regent)
• Alexandra Montana (Staff)

This group of individuals will compile feedback through a variety of community consultation methods and will make recommendations on the Policy and Procedures to the Board of Regents by the end of March 2024. Further details regarding opportunity for consultation will be communicated in the new year. 
 
Your contributions to this important review process are highly encouraged and appreciated. 

Procedures under the Sexualized Violence Policy (Draft)

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Feb. 3, 2023

The University’s Sexualized Violence Policy received official approval from 91��ү’s Board of Regents at their meeting held Friday, Feb 3.
 
A comprehensive draft of the policy and procedures was released and posted on Oct. 5, 2022. Following that, additional consultative steps were initiated:

• feedback from the 91��ү community by means of an online survey, as well as two in-person information sessions held in Tweedie Hall
• feedback from the 91��ү Students’ Union (MASU), the 91��ү Faculty Association (MAFA), CUPE Local 2338, and the 91��ү Staff Association (MASA)

Feedback received from the community as well as the Board of Regents has been incorporated into the approved policy wording. Of note, the procedures focused on students have been finalized; final consultation on employee-related procedures will take place over the next few weeks.
 
The Sexualized Violence Policy and Procedures represent the foundation of the University’s efforts to combat sexualized violence on campus, based on the following guiding principles and objectives:

• Prohibit all forms of sexualized violence and gender-based violence
• Adopt procedures that are survivor-centered and trauma-informed
• Receive and handle all disclosures and reports of sexualized violence with respect, seriousness, and due process
• Put accountability measures in place for those individuals responsible for sexualized violence.
• Cultivate a consent culture that prioritizes consent, respect, and support through policy, training, and education — this includes implementing mandatory training for all University employees and students
• Ensure policy and procedures are accessible to the 91��ү community, along with annual reporting

Special thanks to:

• Dr. Tasia Alexopoulos, Sexual Violence Prevention and Education Co-ordinator
• Jade Lister, Sexualized Violence Response Equity Diversity and Inclusion Consultant
• Dr. Lisa Dawn Hamilton, Psychology Department
• Anne Comfort, Vice-President, International and Student Affairs
• Rohin Minocha-McKenney, President of MASU

Following an extensive review, 91��ү released updated procedures around sexualized violence as well as a policy draft this fall. Both these documents are posted to the University’s website:

• The revised Sexualized Violence Policy 1006 Draft
• Sexualized violence services — procedures, outlining specific steps for how to safely disclose or report an incident, along with additional survivor support options

The new policy framework is a major step forward and incorporates current and best-practice approaches. Both the policy and updated procedures are the results of an incredible amount of work and commitment from individuals and departments across campus. Many steps have been taken to get to this point including:

• Internal and external reviews of University policies and practices around sexualized violence prevention and diversity and inclusion on campus
   
• The adoption of , a 24-hour, seven-day-a-week centralized online reporting and information platform that provides increased options for students, staff, and faculty to report sexual violence
   
• The addition of two full-time staff members in the area of sexual violence prevention, education, and response. Dr. Tasia Alexopoulos joined 91��ү as the Sexual Violence Prevention and Education Co-ordinator in 2021 while Jade Lister began this fall as the Sexual Violence Response, Equity, Diversity, and Inclusion Consultant. Both Tasia and Jade bring expertise to their roles and collaborate with departments across campus to support both students and faculty/staff

All 91��ү community members are invited to review the Sexualized Violence Policy Draft and provide by Oct. 21, 2022. Community feedback is critical to ensuring the policy reflects all of group and individual needs.    

The final approval of this policy rests with the University’s Board of Regents. Their review of the policy is underway with final approval being sought later this fall.

Actions undertaken during the summer and start of academic year

• Online training in the areas of bystander, consent, and sexual violence prevention was made available to all students, offered in partnership with Sexual Violence New Brunswick and the ACAA.  
• Additional in-person sessions were held for student-athletes and those holding residence leadership positions. This education was provided by the co-chair of the University’s Sexual Violence Working Group, Dr. Lisa-Dawn Hamilton, who has professional expertise in this area.  
• The University entered into partnerships with three local counselling offices to help provide support for BIPOC and LGBTQ students, with MASU health insurance facilitating the coverage of the costs for students who seek an external counsellor.  
• Counsellors in the Wellness Centre are trauma-informed and trained and will continue to be the main points of intake and disclosures in the near term.
• The Sexual Violence Prevention Working Group provided the President with its recommendations.
• A poster campaign on the subject of consent was distributed across campus and in residences. This was supported on social media.

New decisions and upcoming initiatives

Cabinet has reviewed the report of the Sexual Violence Prevention Working Group as well as the CLISSAR report and prioritized the following commitments.

Ongoing planning and oversight: community engagement

• A new Vice-President’s Advising Committee on Sexual Violence Prevention has been established, replacing the Working Group, and will meet on a weekly basis. Membership includes students, faculty, and staff. The group’s terms of references along with Committee members’ names will be posted on the website soon.
• A President’s Standing Committee on Sexual Violence, Equality, Diversity, and Inclusion will also be created. Plans for committee membership will be worked out during the fall term, but will also include students, faculty, staff, and Board of Regents' representation.

Staffing and training for sexual violence prevention/survivor support

• Dr. Tasia Alexopoulos has been hired as the new Sexual Violence Prevention and Education Co-ordinator (announced Oct. 21). Dr. Alexopoulos's role will focus on education, prevention, policy and process, reporting, and regular communication to the community.
• An additional role (also full-time) will be posted before the end of the fall term. This role will focus on survivor support and intake.
• In addition to these roles, more funding will be provided to both the Indigenous Affairs office and Black Student Advisor and Diversity Educator office, to support tailored programming for sexual violence education, prevention, and support.
• For information around current supports and procedures, visit sexualized violence services.
• We are establishing mandatory sexual violence education for all faculty and staff. This will require several training sessions each; the first such opportunity is being scheduled for November 2021 and will be delivered by SVNB.
• We will establish mandatory training for all first–year students. The format of this education will be developed in the coming months and will most likely be in the form of an online non-credit course with in-person elements, required course taking place during the start of the fall term.
• Ongoing training for RAs, student-leaders and student-athletes will also be undertaken annually.

Policy and process

• A review of existing policies and processes will be a priority and will be led by the Sexual Violence Education and Prevention Co-ordinator. This effort will be given all the support it needs by the University and will consider all CLISSAR policy recommendations, especially those related to survivor disclosures, options for informal and formal resolution, and enhanced processes for immediate measures.
• The limitation period for the disclosure of an assault will be removed from the procedures, as will any requirement for non-disclosure agreements that limit the support a survivor can receive.

Investigations

• The University has entered into a retainer agreement for the services of an experienced, independent investigator, when required. The individual will undertake their work at arm’s length from the University. This will enable more complete investigation of formal complaints and provide staff members responsible for the resolution of complaints with the independence to do so.

The Canadian Centre for Legal Innovation in Sexual Assault Response (CCLISAR) was engaged by the University to form an Independent Review Panel (IRP) to provide recommendations on improving the University’s policies and procedures in response to disclosures and reports of sexual violence.

CLISSAR’s recommendations were informed by the work of the Sexual Violence Prevention Working Group. The final report is a comprehensive examination of 91��ү policies, practices, and resources and includes a wide range of recommendations for the University to consider.

• (pdf)
• Community update — July 29, 2021 (includes information on University commitments and next steps)

The Canadian Centre for Legal Innovation in Sexual Assault Response (CCLISAR) has been undertaking detailed community consultation as part of their review process. CLISSAR representatives have met or have meetings scheduled with a variety of groups on campus, including the Sexual Violence Prevention Working Group, Rose Campaign executive members, MASU, the Wellness Centre, and Student Life/ Residence Life.

Additional feedback opportunities have now been scheduled for late next week:

Student sessions

Two sessions will be held on Friday, March 5: one from 1-2 p.m. and the other from 2:15-3:15 p.m.

Faculty and staff session

A session is scheduled on Thursday, March 4 from 3:30-4:40 p.m.

Any individual who is interested in participating in one of these sessions is advised to contact Lucrèce O'Neal at loneal@mta.ca. Lucrèce will be able to provide you with a link to the Teams meeting.

If you are unable to attend one of the times above but would consider participating at a later date, please contact Lucrèce. Depending on the level of interest, additional feedback opportunities may be added.

In addition, any member of the 91��ү community, whether student, faculty, or staff, may provide feedback to CCLISAR directly at any time. CCLISAR has created a dedicated, confidential e-mail account specifically for this purpose. E-mail MountAllison@cclisar.ca to share your thoughts.

The University has engaged the Canadian Centre for Legal Innovation in Sexual Assault Response (CCLISAR) to conduct a comprehensive independent review of policies and practices related to sexual violence prevention, support, and education at 91��ү. A detailed update of the terms of reference, review timeline and methodology, upcoming community consultation opportunities, and consultant profiles is now available in the independent review section below.

To date, CCLISAR has been reviewing 91��ү's sexual violence policies, procedures and background documentation. The next phase of their review, continuing through the end of March, will focus on community consultation.

Consultation sessions with representatives from 91��ү community:

• To date, CCLISAR has met with representatives of the Sexual Violence Prevention Working Group, MASU, the Wellness Centre, and Student Life/Residence Life.
• Additional discussions are being arranged for March 2 and 5 with a range of student, faculty, and staff participants reflecting diverse perspectives.

Any member of the 91��ү community, whether student, faculty, or staff, may provide feedback to CCLISAR directly:

• CCLISAR has set up a dedicated e-mail account for this purpose: MountAllison@cclisar.ca.
• All comments e-mailed to CCLISAR will be treated confidentially.

As a reminder, the review process will be completed in June, at which time CCLISAR will submit their final report, including recommendations, to the University not later than June 30, 2021. CCLISAR's report will be made public.

Building on earlier updates, the following information provides a more detailed look at the action plans that have been implemented and are now underway. As a general goal, the work of all the groups referenced below will take place in the winter term, with final recommendations brought forward to the President and Cabinet in May/June. Each group will be developing their own work schedule and timeline within this overall timeline.

Sexual Violence Prevention Working Group

This internal group is co-chaired by Dr. Lisa Dawn Hamilton and Michelle Roy, a fifth year graduating student. Membership on the working group has now been established and includes the following individuals.

MEMBERS OF THE SEXUAL VIOLENCE PREVENTION WORKING GROUP

Faculty & staff representatives

• Krista Johnston, assistant professor of women’s and gender studies and Canadian studies
• Anne Comfort, vice-president, international and student affairs (acting)
• Pierre Arsenault, director of athletics and recreation

Student representatives

• Kira Bubar
• Hannah Hawkes
• Moeka Irikura
• Ania Kolbuszewska
• Rohin Minocha-McKenney (MASU representative)
• Graeme Stevens

Student members of the Working Group represent a cross-section of the student body, with students from second to fifth year who study in Arts, Commerce, Social Sciences, and Science.

The Working Group's main areas of focus are assessment and recommendations regarding:

• campus-wide education and prevention
• the survivor support system
• how the University handles and adjudicates harassment and assault cases

The Working Group will call upon a wide range of consultants with different experience and backgrounds on the subject and will reach out to students and staff for input.

Contact the Working Group: svpwg@mta.ca

Independent review

Independent review of University policies and procedures responding to sexual violence

Following a search process, the University has selected the (CCLISAR) to conduct a comprehensive review of our sexual violence policies, procedures, practices, and resources.

CCLISAR is a respected consulting firm that has experience working with universities in the area of sexual violence prevention and support.

CCLISAR specializes in:

• the development of effective legal responses to sexual assault
• identifying barriers and perceived barriers to reporting sexual assault presented by the legal system
• designing effective mechanisms and frameworks for adjudicating claims of sexual violence

Key aspects of their terms of reference include:

• the development of a comprehensive report that summarizes the review process
• an overview of the information gathered (in anonymized form)
• providing recommendations to the University for improved policies and procedures and survivor supports

CCLISAR's review process will feature:

• The creation of a three-person external Independent Review Panel (IRP) comprised of a practising lawyer with expertise in gender-based harm and university-specific complaints, along with two other individuals with legal expertise in responses to sexual violence.
• The IRP will undertake a document review of all relevant University policies and procedures, as well as documents and policies that may intersect with policies dealing specifically with sexual violence (as examples, collective agreements and student code(s) of conduct).
• Consultations with members of the University community during February and March. The opportunity to participate in consultation with and provide feedback to the IRP will be advertised in due course to students, staff, faculty, groups, and other interested stakeholders.

The output of the IRP’s document review and consultations will then be assessed by means of an Expert Advisory Group (EAG), whose purpose is to review and assess draft recommendations for the University.

The Expert Advisory Group will be comprised of:

• the three-person Independent Review Panel
• two additional members selected by CCLISAR and who are external to the University
• the co-chairs of the Sexual Violence Prevention Working Group
• up to five additional members of the 91��ү community, selected by the University

The EAG’s work is expected to take place in April/ May.

A final report will then be prepared by the IRP and submitted to the University not later than June 30, 2021. The final report will be public.

Board of Regents Ad Hoc Committee

The University’s Board of Regents has established an Ad Hoc Advisory Committee on the Prevention of Sexual Violence.

Regent members include:  

• Dr. Jane Craighead (chair)
• Brandon Blakney
• Cheryl Hodder
• Susan MacIsaac
• Dr. Odette Snow
• Dr. Andrew Wilson
• Lisa Yarmochuk

The Ad Hoc Committee’s mandate includes:

• monitoring the University’s progress toward assessment and prevention of sexual violence
• reviewing recommendations submitted to the University
• advocating to the full Board for appropriate resources to implement improvements to education, prevention, policies and procedures, and survivor support strategies, based on recommendations submitted to the University

91��ү Students’ Union (MASU) Ad Hoc Sexual Violence Committee

The MASU will undertake its own initiative in preventing sexual violence on campus and dismantling systemic issues associated with rape culture within our community.

This group’s focus will be on:

• reviewing existing University services that address sexual violence and reporting mechanisms
• reviewing the University's implementation of the recommendations made by the 2018 Rape Culture Working Group
• staying up-to-date on the work of the University’s Sexual Violence Prevention Working Group
• recommending new reporting measures
• encouraging training on sexual violence for sports teams, clubs and societies, and residence leaders to be expanded
• keeping the University accountable on promised changes

MASU councillors-at-large Rohin Minocha-McKenney and Erica Nowlan will co-chair the Committee. In addition, Rohin Minocha-McKenney will also be a member of the Sexual Violence Prevention Working Group.

For more information on the Committee, please contact either Erica Nowlan (eknowlan@mta.ca) or Rohin Minocha-McKenney (raminochamckenney@mta.ca).

Feb. 18, 2021

We are pleased to introduce ourselves as the Independent Review Panel (IRP) tasked with conducting a comprehensive review of the University’s sexual violence policies, procedures, practices, and resources. Our review will include consideration of the ways in which the structure or implementation of the University’s sexual violence policies and procedures may have fallen short of their purposes in the past, with a view to implementing change in the future. If you want to learn more about us, brief biographies can be found below.

We are working with the Canadian Centre for Legal Innovation in Sexual Assault Response (CCLISAR ), which 91��ү has engaged to undertake this review.

At the end of the review process, our recommendations will be publicly available and published on CCLISAR’s website.

Consultations — February and March 2021

Central to our review process is hearing from you.

We will be hosting Zoom consultations in the months of February and March 2021. The consultations will include interviews with individuals and groups at MtA, including representatives of student groups, members of the Sexual Violence Prevention Working Group, staff of the University departments that respond to sexual violence, faculty members, and unions.

We will also ensure that interested individuals, whether students, staff, or faculty, will have an opportunity to speak with us. Lucrèce O’Neal (loneal@mta.ca) will be co-ordinating a sign-up process for this purpose. Please e-mail her if you wish to meet with us.

We also encourage University community members to provide us with thoughts and comments by e-mail at MountAllison@cclisar.ca. The e-mail communications will be treated in confidence.

Since the focus of our review is on improving institutional practices and procedures for responding to disclosures and reports of sexual violence on campus, we have specific consultation questions related to the policies and procedures. Examples of some of the questions that we may be exploring are listed below.

Two of the meeting dates on which we will be holding consultations are March 2 and 5, 2021.

Following the consultations, the Panel members will consider what we have heard, and prepare a preliminary report with recommendations. This preliminary discussion document will be discussed with an “Expert Advisory Group” comprised of the panel members, external experts, and a small group of persons from 91��ү, including the co-chairs of the Sexual Violence Prevention Working Group.

Timeline

The timeline for the Independent Review is as follows:

• January/February 2021 — review of policies, procedures, and other documents and gathering of preliminary background information
• February/March 2021 — consultations with the MtA community, held by Zoom
• April/May 2021 — development of preliminary recommendations for review and discussion by the Expert Advisory Group
• June 2021 — publication of the IRP Report

We very much look forward to meeting with MtA community members in the coming weeks.

Yours very truly,

Joanna Birenbaum    
Elaine Craig    
Myrna McCallum

Sample areas and questions on which we will be seeking the input of the University community members consulted

Dynamics of sexual violence at 91��ү

• We are interested in hearing your perspectives on the what/where/by whom of sexual violence on campus (e.g. dynamics in residence or at certain events).

Barriers to Disclosure or Reporting that relate to institutional policies, procedures, structures at MtA

• We recognize that there are many barriers to disclosing or reporting sexual violence in our society. We would like to hear about any specific barriers to report related to the MtA policy, procedure, or institutional structures or responses.
• Are there policy/procedure specific issues as they relate to specific social locations or identities, such as sexual orientation, race, indigeneity, ability, etc.?

Accommodations, Informal Resolution, and Interim measures following a disclosure or report of sexual assault

• What are MtA’s community members’ views on MtA’s use of accommodations, informal resolution and/or interim measures in response to disclosures of sexual violence?
• Do informal resolutions and/or interim measures address complainants’ needs and circumstances?  Are they fair to respondents?
• To what extent are or should interim measures or information resolutions be confidential?
• Are mutual no-contact orders imposed? What has been the effect of those orders?

Training, Investigation and Adjudication

• What areas of concern have been identified with the investigation and hearing (adjudication) of reports of sexual violence?  We are interested in hearing all views, and including the views of those who have made a report, responded to a report, supported a complainant/respondent, or investigated/adjudicated such a report.
• What training is provided to investigators, adjudicators, or others who administer the sexual violence policy?

Understanding of the Policies and Procedures

• Is there a good understanding by students, staff, or faculty of the Sexual Violence Policy and Procedure? If there is a lack of knowledge, confusion, or misunderstandings, why is this the case and how can this best be corrected?

Sanctions/Remedies

• What should be the range of appropriate sanctions/remedies for sexual violence?
• What are community members’ views on the remedy or measures for respondents of residence-transfer, counselling or education, and alcohol prohibition, in cases involving student-on-student sexual violence?
• A challenge for all universities is the institution’s obligation under privacy laws to maintain confidentiality of identities of the parties and any measures imposed on respondents. These legal obligations may prevent universities from making public the outcomes in sexual violence cases and from identifying perpetrators. What are MtA community members’ views on how to address the sometimes competing goals of institutional transparency and accountability with respect for individual privacy?

The above represents a few of the areas of questions that we will be exploring when we are on campus. We are, of course, open to other issues and areas being identified by you and we will raise questions that are specific to each group consulted.

Terms of reference for independent review of 91��ү’s policies and procedures responding to sexualized violence

Mandate

91��ү (the “University”) will engage the Canadian Centre for Legal Innovation in Sexual Assault Response (CCLISAR) to conduct a comprehensive review of the University’s sexual violence policies, procedures, practices and resources.

Scope of review

This review will assess the implementation of the University’s sexual violence policy and procedures, along with other University policies and procedures with which they intersect, in order to ensure that the University has effective and defensible practices and procedures that are:

• responsive to those who report experiences of sexual harm
• trauma-informed
• procedurally fair to complainants and respondents

The review will consider policies and procedures as they relate to both students and staff/faculty. The review will include consideration of the ways in which the structure or implementation of the University’s resources, policies and procedures may have fallen short of their purposes in the past, with a view to implementing change in the future. The Independent Review Panel that undertakes the review will produce a report that will summarize the review process undertaken and the information gathered (in anonymized form) and make recommendations aimed at improving the University’s response to incidents of sexualized violence within its community. This report will be public.

Description of the review process

The review process will involve four stages.

Stage 1. An Independent Review Panel (IRP) will conduct a document review of the University’s relevant policies and procedures as well as any other documentation and materials provided by the University or requested by the IRP (e.g. collective agreements, University communications, anonymized sample case files). This stage of the review will also include a review of other university policies on sexualized violence and relevant secondary literature and reports.

Stage 2. The IRP will conduct consultations with members of the University community. These consultations will be conducted during a three-day period in February and March, 2021 and will be done virtually. The focus of these consultations will be on the operation of the University’s Sexual Violence Policy and any policies with which it intersects. The consultations will include meetings with any individual members of the University community, as well as any groups (e.g. departments, clubs, or other organizations) who express an interest in meeting with the IRP. The University will manage the scheduling and coordination of the consultation meetings.

The opportunity to participate in this consultation will be advertised by the University and meeting times will be made available to any students, staff, or faculty or other interested stakeholders who wish to participate. The President’s Working Group on Sexual Violence (“Working Group”) will be involved in identifying the persons and groups consulted by the IRP. In addition, bi-monthly meetings will be held by the IRP Chair and the co-Chairs of the Working Group to ensure there is no duplication in the Working Group’s consultations with the IRP consultations.

The University community will also be invited, during the months of January, February and March 2021, to provide confidential written input to the IRP. The IRP will use an @cclisar.ca e-mail address for the IRP Chair for the purpose of receiving comments and information regarding the operation of the University’s Sexual Violence Policy and any policies with which it intersects. This e-mail account and its intended purpose will be advertised by the University in January and February 2021.

Any comments, observations, or insights offered during these consultations or in writing will remain unattributed in CCLISAR’s report. The IRP’s notes, emails received through the IRP’s designated e-mail account, and internal correspondence between members of the IRP will not be produced to the University or made public.

Stage 3. A background document identifying the areas of concern and/or improvement with the University’s policies and procedures along with possible measures to address these areas of concern and/or improvement will be circulated to the Expert Advisory Group, as defined below. This group will meet for a one-day online workshop to discuss the issues reviewed and proposed recommendations in the background document. The meeting shall take place in the spring of 2021. The Expert Advisory Group will provide advice to the IRP, including as informed by the Working Group’s expertise on the University and the University’s student body.

Stage 4. The IRP will finalize its report and will provide it to the University in June 2021.

Composition of the Independent Review Panel

The Independent Review Panel will be comprised of three individuals external to the University. The Chair of the IRP will be a practicing lawyer with expertise in gender-based harm and university-related complaints processes. The second and third members of the IRP will include individuals with legal training and expertise in legal responses to sexualized violence. At least one of these members will be a legal academic. The other will be either an academic or practicing lawyer.

Composition of the Expert Advisory Group

The Expert Advisory Group (EAG) will be comprised of the three panel members of the IRP, two additional members selected by CCLISAR who are external to the University, the co-chairs of the President’s Working Group on Sexual Violence and up to five additional members of the 91��ү community, selected by the University. Members of the EAG from the 91��ү community will have relevant experience in university complaints processes and/or legal processes for responding to sexualized violence (e.g. adjudication or investigation) and/or expertise regarding issues of gender-based harm. The Chair of the IRP will also chair the EAG.

The Expert Advisory Group will provide advice to the IRP on the proposed recommendations.

Joanna Birenbaum

Joanna Birenbaum is a litigator in Toronto with over two decades of expertise in gender equality and sexual violence.  Her diverse practice in these areas includes constitutional litigation, civil sexual assault claims, employment law, human rights and workplace investigations, representing complainants in sexual history applications in criminal sex assault proceedings, defending malicious prosecution and defamation claims targeting women who have reported sexual violence, and Supreme Court of Canada appellate advocacy.  Joanna also prosecutes for a regulated health college in Ontario and advises institutions and employers on sexual violence policies and procedures.  Joanna was a 2014-2015 McMurtry Fellow at Osgoode Hall Law School and adjunct faculty at Osgoode (2014-2017).  In addition to her private practice, Joanna is the Director of Capacity Building for CCLISAR (Canadian Centre for Legal Innovation in Sexual Assault Law Response). Joanna has published in the area of sexual violence including her most recent book, co-authored with Professor Karen Busby, “Achieving Fairness: A Guide to Campus Sexual Violence Complaints” published by Thomson Reuters (March 2020).

Elaine Craig

Elaine Craig is an Associate Professor of Law at Dalhousie University. She has researched and published extensively on sexual assault law in Canada. Dr. Craig is the author of Putting Trials on Trial: Sexual Assault and the Failure of the Legal Profession (2018 McGill-Queens) and Troubling Sex: Towards a Legal Theory of Sexual Integrity (2012, UBC Press).  Dr. Craig teaches sexual assault law, gender, sexuality and law, and constitutional law. She has testified before Senate and House of Commons Standing Committees on proposed law reforms to the criminal law of sexual offences and is a regular public commentator on legal responses to sexualized violence. Dr. Craig is the Director of Research for CCLISAR (Canadian Centre for Legal Innovation in Sexual Assault Law Response).

Myrna McCallum

Myrna McCallum is an Indigenous lawyer and the host of "The Trauma-Informed Lawyer" Podcast. Myrna educates on trauma informed advocacy, vicarious trauma and Indigenous intergenerational trauma through keynotes, training sessions, and customized executive coaching sessions. Prior to founding Miyo Pimatisiwin Legal Services in 2020, Myrna’s extensive experience in sexual violence includes her positions as Director of Investigations at the University of British Columbia, adjudicator in the Indian Residential Schools Settlement Agreement claims process, and Crown Prosecutor with the Ministry of the Attorney General in Saskatchewan. When she is not FaceTiming her three grandchildren, educating or podcasting, Myrna is advising, advocating or conducting workplace investigations and reviews. In 2020, the Federal Department of Justice awarded Myrna their first ever Excellence in Legal Practice and Victim Support Award. You can learn more about Myrna’s work in trauma-informed lawyering at

The Independent Review Panel (IRP) provided a final report to 91��ү on June 30, 2021.

Recommendations were informed by the work of the Sexual Violence Prevention Working Group. The report is a comprehensive examination of 91��ү policies, practices, and resources and includes a wide range of recommendations for the University to consider.

(pdf)