SEXUAL HARASSMENT/ VIOLENCE POLICY AND RESPONSE PROTOCOL
1. PURPOSE AND INTRODUCTION
OETIM affirms the right of all staff, students, board members, guests and volunteers to work and study in an environment free from sexual harassment and violence. We are committed to challenging sexual harassment and violence in all of its forms while creating a safe, equal and positive learning and working space. OETIM recognizes that sexual harassment/violence may take place verbally, visually, digitally or physically and can occur in-person, online, digitally, or in any circumstance where sexual power is used in a situation in which consent is not provided by all people involved. Consent is central to OETIM’s understanding of healthy sexual relations. Consent is also central to sexual assault. The Criminal Code of Canada defines consent as it relates to sexual assault as the voluntary agreement to engage in sexual activity. An individual must actively and willingly give consent to sexual activity. Simply stated, sexual activity without consent is sexual assault. Young people, like many others, often do not fully understand consent and can feel that the line between consensual sexual acts and sexual assault can be unclear. This is particularly true when an acquaintance, friend or partner is the perpetrator. Consenting to one kind, or instance, of sexual activity does not mean that consent is given to any other sexual activity or instance. No one consents to being sexually assaulted. Where consent does not exist (lack of agreement), a person can express a lack of agreement verbally or though conduct (such as physically resisting advances). The Criminal Code makes it clear that a person can, after initially giving consent to engage in sex, revoke consent at any time by expressing a lack of agreement to continue engaging in sexual acuity. In other words, consent:
- Is never assumed or implied
- Is not silence or the absence of “no”
- Cannot be given if the victim is impaired by alcohol or drugs, or is unconscious
- Can never be obtained through threats or coercion
- Can be revoked at any time
- Cannot be obtained if the perpetrator abuses a position of trust, power or authority
OETIM is committed to maintaining an institution free of discrimination and harassment, and strives to foster an atmosphere of healthy attitudes and behaviours towards sexuality, sex and gender roles. We recognize that some populations are more vulnerable to sexual violence; these include but are not limited to newcomer women, women from ethno-cultural communities, Indigenous women, international students, and those identifying as LGBT2SQ+. Because of this, we will take special efforts to creating steps to reduce barriers to disclosure, as outlined in 3 and 7. OETIM recognizes that individuals who experience sexual harassment or violence may experience emotional, academic, social and/or other difficulties in their studies or their employment. We commit to supporting those who experience sexual harassment/violence while actively reducing barriers to their academic and/or employment success. We commit to challenging sexual harassment/violence at our institution through education and prevention efforts, as well as appropriate response protocols when a disclosure of sexual violence is brought forward to us.
This Policy confirms the commitment of OETIM to promote a safe and comfortable workplace for all employees and students which is free from any form of sexual harassment/violence. This policy requires the reporting of all incidents of sexual harassment/violence experienced by any individual as a result of his or her work with the company or while they are a client or OETIM. In return OETIM will take all reports of sexual harassment/violence seriously and deal promptly and fairly in a confidential and discreet manner. Where allegations of sexual harassment/violence are substantiated, the offender will be sanctioned in strict accordance with this policy, regardless of his or her status at the firm.
This policy does not preclude the reporting of sexual harassment/violence complaints to the Law Society of Manitoba, the Manitoba Human Rights Commission, or if the matter is perceived to be of a criminal nature, to the police. OETIM encourages all employees/students to speak up if someone behaves in a way that offends, humiliates or degrades them. If this does not resolve the matter and you have determined that the behavior is sexual harassment, file a Formal Complaint to the Director of OETIM or anyone of the committee members listed at #3. Retaliation against a person who has filed a complaint, or who has assisted in the investigation of a complaint, will not be tolerated in any form and will result in serious disciplinary action. A person who has filed a complaint and encounters retaliation should inform OETIM immediately. Employees of OETIM are encouraged to keep the information confidential to prevent a poisoned work environment. Also, nothing in OETIM’s Policy would prevent any employee or student from filing a complaint with the Human Rights Commission. Complaints to the Commission must be made within 6 months of the event.
Who does the Policy Cover?
This policy covers any person who is an employee or student of OETIM, whether part time, full time, contractor, administrators, board members, contractors, guests, visitors and volunteers of OETIM. Anyone who feels they have been sexually harassed or violated by anyone during their time at OETIM may initiate a report under this policy. (ex. student/instructor, administrator etc.) *Sexual Harassment or Violence does not only take place in the workplace but can affect the workplace or your time in school and therefore under this policy OETIM is prepared to offer support and guidance.
Please review the following new 4 minute video. It’s new and made locally to demonstrate what it is really like to report a sexual assault and how the survivor decides what to do.
https://www.cbc.ca/news/canada/manitoba/sexual-assault-reporting-winnipeg-1.4827181
2. DEFINITIONS
Consent: Consent is the voluntary agreement to engage in the sexual activity in question. Consent is central to sexual assault. The Criminal Code of Canada defines consent as it relates to sexual assault as the voluntary agreement to engage in sexual activity. An individual must actively and willingly give consent to sexual activity. Simply stated, sexual activity without consent is sexual assault. Consenting to one kind, or instance, of sexual activity does not mean that consent is given to any other sexual activity or instance. No one consents to being sexually assaulted. For the purpose of institutions’ policies and procedures, keep in mind: it is not for the institution to weigh into whether or not consent has been given. The legislation is asking institutions to include issues related to consent within their policy, not examine or investigate sexual assault allegations. For more information on consent, please refer to:
http://www,gov.mb.ca/youarenotalone/consent/html Disclosure: For the purpose of this document, a disclosure is made to any individual other than the police or other judicial official LGBT2SQ+: The LGBT2SQ+ community includes people who identify as lesbian, gay, bisexual, transgender, Two-Spirit, queer, questioning, intersex, asexual, pansexual and/or gender fluid.
Sexual assault: Sexual assault is any type of unwanted sexual act done by one person to another that violates the sexual integrity of the victim. Sexual assault is characterized by a broad range of behaviours that involve the use of force, threats, or control towards a person, which makes that person feel uncomfortable, distressed, frightened, threatened, carried out in circumstances in which the person has not freely agreed, consented to, or is incapable of consenting to. Sexual assault is a crime.
Sexual harassment: Sexual harassment is unwanted sexual attention directed at an individual by someone whose conduct including comments, gestures, and/or actions are offensive, inappropriate, intimidating, hostile, and unwelcome. Sexual harassment often occurs in environments in which sexist or homophobic jokes and materials have been allowed. Examples of sexually harassing behavior include, but are not limited to:
- Touching a person in a sexual way
- Commenting about one’s body
- Asking questions about a person’s sexual relationships
- Telling sexual jokes
- Displaying posters or other offensive materials of a sexual nature
- Demands for sexual favors in exchange for employment advantages, promises or employment advantages, or threats of withdrawal of those advantages
- Unwanted flirtation, sexual propositions or advances
- Sexually suggestive or obscene gestures
- Persistent unwanted attention or requests of a sexual nature after a consensual relationship has ended
- Harassment may occur in the workplace itself or it may occur outside of the workplace in a situation that is in some way connected to work. Off-site conference, delivery trips, Christmas Party, Trade Show)
What is Not Sexual Harassment?
- An occasional compliment or remark
- Personality differences between people
- Good natured jokes and jesting where both parties find the conduct acceptable
- Office romance and flirtation when both parties enter into a voluntary relationship
- Normal exercise of supervisory responsibilities including discipline or counseling
Fraternization or consensual social relationships are not examples of sexual harassment Sexual violence: Any sexual act or act targeting a person’s sexuality, gender identity or gender expression — whether the act is physical or psychological in nature — that is committed, threatened or attempted against a person without the person’s consent, and includes sexual assault, sexual harassment, stalking, indecent exposure, voyeurism and sexual exploitation.
Stalking: Stalking is a crime called criminal harassment. Stalking consists of repeated behaviour that is carried out over a period of time, and which causes a person to reasonably fear for their safety.
Cyber harassment/cyber stalking: Often used interchangeably, cyber harassment and cyber stalking are defined as repeated, unsolicited, threatening behaviour by a person or group using cell phone or Internet technology with the intent to bully, harass, and intimidate a victim. The harassment can take place in any electronic environment where communication with others is possible, such as on social networking sites, on message boards, in chat rooms, through text messages, or through email.
Cyberbullying includes:
- Sending mean or threatening emails or text/instant messages.
- Posting embarrassing photos of someone online.
- Creating a website to make fun of others.
- Pretending to be someone by using their name.
- Tricking someone into revealing personal or embarrassing information and sending it to others.
Cyberbullying affects victims in different ways than traditional bullying. It can follow a victim everywhere 24 hours a day, 7 days a week, from school, to the mall and all the way into the comfort of their home – usually safe from traditional forms of bullying.
Bullying and the Law:
Bullying can be a traumatic experience, and some forms of bullying can even be considered illegal. These include:
- Criminal Harassment
- Repeated tormenting online, with texts, phone calls, and/or emails causing the other person to fear for their safety
- Child pornography
- Sharing intimate photos and videos of minors (under the age of 18)
- Uttering Threats and Extortion
- Threatening to share someone’s personal information to others if they don’t do what you want them to do
- Assault
- Threats or acts of non-consensual force, violence, bodily harm, or destruction of personal property
- Identity Theft/Fraud
- Creating a fake online profile to ruin someone’s reputation
- Defamatory Libel
- Spreading rumors about someone
For all of these criminal offences, it is important to notify your local police detachment or report it to CYBERTIP.CA. Based on the available information, police will decide if an investigation is warranted and whether charges may be laid.
Date rape: The term “date rape” is interchangeable with “acquaintance sexual assault”. It is sexual contact that is forced, manipulated, or coerced by a partner, friend or acquaintance.
Rape: Rape is a term used to describe vaginal, oral or anal intercourse, without consent. Although the term is no longer used in a legal sense in Canada, it is still commonly used and widely understood.
Victim blaming: Victim blaming occurs when the victim of a crime or an accident is held responsible — in whole or in part — for the crimes that have been committed against them.
3. COMMITTEE
OETIM will establish a Sexual Violence Committee whose task it is to ensure the carrying out of this policy. The Sexual Violence Committee will be made up of no less than 2 staff members. In order to reduce barriers to sexual violence disclosure, at least one member of the committee will be a woman. Whenever reasonable and possible additional members will be added to this committee to ensure as many of the vulnerable identity groups outlined in 1. are represented. All members of the Sexual Violence Committee will receive regular specialized training in the subject to ensure the effectiveness of their work. This training must include in-depth training on consent, trauma, and appropriate disclosure response. OETIM’s sexual harassment/violence committee contact list is as follows:
Betty Lou Doerksen
Executive Director, Operating Engineers Training Institute of Manitoba
Work: 204-775-7059 ext.433
Cell: 204-806-2230
Jordan James
Program Coordinator/Instructor, Operating Engineers Training Institute of Manitoba
Work: 204-775-7059 ext.431
Cell: 204-797-4905
Amanda Wilson
Program Coordinator, Peguis First Nation
Work: 204-794-5595
Cell: 204-250-3639
4. EDUCATION AND AWARENESS
OETIM considers education regarding sexual harassment/violence to be central in our prevention efforts. All staff and students of OETIM will receive education and training, as outlined below.
A. Staff
i. All staff members of OETIM will receive regular training in the principles of sexual violence, the details of this policy as well as their roles outlined within may take the form of a special educational in-person session, promotion of a related campaign, promotion of a specific resource on sexual violence, or any other type of activity offered to all the staff of OETIM.
ii. All staff members of OETIM will receive regular training in cultural sensitivity, to ensure their work is effective with members of vulnerable populations as outlined in 1.
iii. Instructors will ensure that curriculum and teaching methods used, do not out rightly or implicitly discriminate against an identity group or privilege one identity group over another. For example, women, men and gender-variant students will all receive equal instruction and equal academic opportunities. Diversity and equality will be promoted within the classroom when at all possible and relevant to the teaching material.
iv. Special attention will be paid to understanding sexual violence, consent and trauma, appropriate responses and the importance of professional interactions, Including respectful communication and non- discrimination within the construction industry.
v. Special focus will be made on digital safety in a sexual violence context.
B. Students
All students of OETIM will receive training in the principles of sexual harassment and violence and the details of this policy. This will occur during their orientation session at the beginning of their studies and consist of a learning session which is no shorter than 30 minutes. This training will have a strong focus on the definition of consent, how consent must be received, that consent can be withdrawn at any time, and the cases where consent cannot be legally provided (in the case of a minor, in a case of threat or intimidation, or where one or more of the people involved are under the influence of drugs or alcohol, etc).
C. Public Awareness will be raised included in the following.
These efforts will include:
a) An outside service provider knowledgeable in the area of sexual violence will be called upon to provide this training.
b) Regular posts through social media of no less than once every 2 months, raising awareness of sexual harassment and violence prevention. Posts will be educational and will highlight the principles of consent, definition of harassment and provide a list of local resources available to those who wish to pursue a more in depth look into sexual harassment or violence.
c) At least once per year OETIM will make public a report on their website as to the number of staff/students who have attended information sessions, staff training and any notable results.
d) A copy of this policy will be made available on OETIM’s website, as well a hard copy will be made available in a central location within the office.
e) Awareness posters to be displayed in office and at field training sites.
f) Help Line numbers will be posted at the various locations. (office, field sites)
5. COMPLAINT DISCLOSURE AND RESPONSE PROTOCOL
OETIM believes in the right of all sexual harassment/violence survivors to choose to disclose or not disclose their experience, and if they choose to disclose they have a right to decide to whom that disclosure will be made and a list of the Committee Members is within this policy, complete with phone numbers.
A. Complaint disclosure response
i. All survivors providing a disclosure to a staff person will be met with support, compassion, respect, and be provided with accurate information on this policy as well as local resources and options available to them.
ii. The staff person will thank the person for coming forward with their information, assure the student of confidentiality regarding this meeting, and provide a physical copy of the attached resource list to the survivor.
iii. The staff person will not coerce the student into giving any more information than they are comfortable providing; the focus of the staff person will be on listening, supporting and providing compassion to the survivor.
iv. Survivors will be provided with all relevant information in order to make their own decisions. a) Disclosure only – formal process will end at this disclosure. b) Police report – the survivor has the right to make a police report, which will generally be followed by an investigation. This process is external to OETIM. c) Medical assistance/forensic medical exam – the survivor may attend a hospital or medical centre for medical attention, and/or gathering of possible forensic evidence which may be applicable to a criminal trial. In Winnipeg, these services can be accessed at Health Sciences Centre. This process is external to OETIM. d) Civil claim – survivors may decide to launch a civil suit for damages suffered. This process is external to OETIM. e) Formal Complaint – the survivor has the right to pursue a formal complaint within OETIM. This will include a written account of the survivor’s experience, and necessitates the involvement of one or more persons of the Sexual Harassment/Violence Committee. The survivor should be notified that they are able to choose which member(s) of the Sexual Violence Committee they will meet with during this process.
B. Formal Complaint
If a survivor decides to pursue a formal complaint, the following steps will apply:
i. The staff person who initially received the disclosure will contact the chosen representative(s) of the Sexual Violence Committee no later than 2 working days after receiving the disclosure.
ii. A meeting of the survivor and the representative(s) of the committee will be set as soon as possible (no later than 5 working days after requested). The survivor may bring up to 2 support people to this meeting with them. The survivor will be encouraged to tell as much of their experience as they feel relevant and comfortable to them to disclose. They will be assured of confidentiality.
iii. OETIM will then conduct an internal impartial investigation and consider the rights of the alleged harasser as well as the alleged victim, until sexual harassment or violence has been established.
iv. Both the complainant and the alleged harasser will be informed of the findings and intended sanctions as soon as the investigation is concluded.
v. The survivor will be met with support and invited to inform the committee member(s) of how they can best be supported for the rest of their time as a staff, student. The member(s) of the Sexual Violence Committee will put in place a plan of action for reasonably accommodating the needs of the survivor in order to experience minimal disruption in their employment, studies, volunteer or board role. This may include moving offices, deferring studies to another year without financial penalty, a leave of absence without penalty, private classes, etc. Steps should be taken to ensure that the survivor’s life is disrupted as little as possible. Note: the survivor may want the alleged perpetrator to defer their studies, move their office etc. as opposed to the survivor needing to change their situation, and if so this request should be respected as much as possible.
If the Committee finds harassment or violence has occurred, the harasser will be subject to discipline. Discipline will range from a written apology, referral or counseling, a reprimand, reassignment, suspension, to discharge from OETIM.
If False Accusations are revealed the complainant will be appropriately disciplined and the documentation will be retained on the complainant’s personnel
6. REPORTING
OETIM will keep records on the educational portions of this policy, and will publish a yearly report on its website. This report will include:
A. details on the number of training provided for staff and students
B. details on the number of people involved in these trainings
C. details on the number and content of relevant e-mail communications
D. details on any professional development obtained by the Sexual Harassment/Violence Committee members
7. POLICY DEVELOPMENT AND REVIEW
This policy will receive an in-depth review no later than every four years. At least one current or recent graduate of OETIM will be invited into the review process to ensure that the policy is responsive to the needs of students. If at all possible, more than one student will be invited into the process to ensure a diverse representation of students providing input. No student who wishes to provide feedback on this policy will be discouraged or prevented from doing so.
8. LIST OF ATTACHMENTS (Additional Resources, Sexual Violence Local Service Listings, Committee Member Contact List, Report Form)
Appendix A – Additional Resources
1. Trauma-informed: The Trauma Toolkit (http://trauma-informed.ca/wp-
content/uploads/2013/10/ Trauma-informed_Toolkit.pdf).
A resource for service organizations and providers to deliver services that are trauma informed (Klinic)
2. Developing a Response to Sexual Violence: A Resource Guide for Ontario’s Colleges and Universities (Ministry of Women’s Issues, Government of Ontario)
Includes:
• Sample Statement of Roles and Responsibilities for Campus Groups
• Template for Sexual Violence Policies and Protocols,
• Template for Local Services Listing
• Template and Sample Campus Safety Alerts
• Examples of Public Education Campaigns
• Resource Guides and Best Practices for Developing Policies and Protocols
• General Sexual Violence Resources and Materials
3. Campus Sexual Violence: Guidelines for a Comprehensive Response
(Ending Violence Association of BC)
4. Legal services • Community Legal Education Association
The Law Phone-in and Lawyer Referral Program
205 – 414 Graham Avenue
Winnipeg MB R3C OL8
Phone (for legal questions):204-943-2305
Toll free: 1-800-262-8800 (outside Winnipeg)
Email: info@communitylegal.mb.ca • Legal Help Centre
Portage Place Shopping Centre
Unit 202, 393 Portage Avenue
Winnipeg, MB R3B 3H6
Phone: 204-258-3096
Email: info@legalhelpcentre.ca
Drop in hours are: Tuesdays and Fridays from 1:00 – 4:30 p.m.
5. Crisis services
Sexual Assault Crisis Line (24/7)
Toll free: 1-888-292-7565
Winnipeg: 204-786-8631
TTY: 204-784-4097 • Klinic Crisis Line (24/7)
Toll free: 1-888-322-3019
Winnipeg: 204-786-8686
TTY: 204-784-4097 • Survivor’s Hope Crisis Centre Inc. (North-Eastern Manitoba) 204-753-5353
Manitoba Suicide Prevention & Support Line (24/7) Toll free: 1-877-435-7170
TTY: 204-784-4097 • Deaf Access Counselling (24/7)
TTY: 204-784-4097 • Human Trafficking Hotline (24/7) 1-844-333-2211
Domestic Violence Crisis Line (24/7) Toll free: 1-877-977-0007
Other Help Lines
Kids Help Phone
1-800-668-6868
• Manitoba Farm, Rural & Northern Support Services Toll free: 1-866-367-3276
Winnipeg: 204-571-4180
Monday-Friday: 10:00 a.m. to – 9:00 p.m. • Seniors Abuse Support Line
24 hour crisis: 1-888-896-7183
Appendix B – Sexual Violence Local Service Listing
Manitoba Government Manitoba’s “You Are Not Alone” website
This Link contains comprehensive information on responding to sexual violence and supporting survivors. Victim Services
• Manitoba Justice – Child Victim Support Service • Manitoba Justice – Compensation for Victims of Crime • Manitoba Justice – Domestic Violence Support Service • Manitoba Justice – Victim Rights. Support Service • Brandon Police Victim Services • Pembina Valley Victim Services (includes Altona, Morden and Winkler) • Winnipeg Police Victim Services Section
Counselling Services
Klinic Sexual Assault Crisis Counselling • Manitoba Farm and Rural Support Services • Mount Carmel Clinic • The Laurel Centre • Women’s Health Centre • Surv ivor’s Hope Crisis Centre (North-Eastern Manitoba)
Law Enforcement
• To report an emergency, call 911 • To report a crime (i.e. sexual assault}, contact your local law enforcement: • Winnipeg Police Service – Sex Crimes Unit • 204-986-6222 • To speak with a detective in confidence, call: 204-98 6-6245 • Royal Canadian Mounted Police Detachment Office • Altona Police Service (residents of Altona and Plum Coulee) • 24 hour line: 204-324-5353 • General inquiries: 204-324-5373 • Brandon Police Service (residents of Brandon) • 24 hour line: 204-729-2345
• Dakota Ojibway Police Service • Birdtail Sioux Detachment : 204-568-4621 • Canupawakpa Detachment: 204-854-2953 • Roseau River Detachment : 204-427-3383 • Sandy Bay Detachment: 204-843-7700 • Waywayseecappo Detachment: 204-859-5070 • Long Plain Detachment: 204-252-4480
• Ste-Anne Police Service (residents of the Town of Sainte-Anne) • 24 hour line: 204-422-8209 • Winkler Police Service • Daytime phone (9:00a.m. to 5:00 p.m. Monday to Friday): 204-325-0829 • After hours: 204-325-9990 • Morden Police Service • Daytime phone (9:00 a.m. to 4:30 p.m. Monday to Frid a y): 204-822-6292 • After hours: 204-822-4900
Shelter/ Emergency Residential Services For confidential information and help, call 1-877-977-0007
TTY: 1- 888- 987-2829. For a list of services available in Manitoba for victims of domestic or family violence visit manitoba.ca/stoptheviolence Cultural Services
Ka Ni Kanichihk – Heart Medicine Lodge
Ka Ni Kanichihk’s Heart Medicine Lodge provides culturally-based support and advocacy services for Indigenous women and those who identify as women who have experienced sexual assault and sexual violence. The program was launched in 2016 as part of the Winnipeg Safe City, partner in UN Women’ Safe Cities and Safe Public Spaces Initiative. Phone: 204-953-5820
Toll free: 1-888-953-5264
Text: 204-232-5445
Email : rbach@kanikanichihk.ca Health Services Please visit the Manitoba Health website for a list of public health services available in your area.
Appendix C
SEXUAL HARASSMENT/ VIOLENCE COMMITTEE MEMBER LIST
Betty Lou Doerksen
Executive Director, Operating Engineers Training Institute of Manitoba
Work: 204-775-7059 ext.433
Cell: 204-806-2230
Jordan James
Program Coordinator/Instructor, Operating Engineers Training Institute of Manitoba Work: 204-775-7059 ext.431
Cell: 204-797-4905
Amanda Wilson
Program Coordinator, Peguis First Nation
Work: 204-794-5595
Cell: 204-250-3639
** If you call please identify yourself as to who you are, staff member, student, teacher etc.