The following policy has been updated and is effective as of August 17, 2026. For the current version of the Sexual Violence Policy, please contact the University Secretariat.
The official version of this policy is housed with the University Secretariat. In the event of a discrepancy, the official version will prevail. Click here [1] for a printable version of this policy.
Approving Authority: Board of Governors
Responsible Office: Provost & Vice-President (Academic) and Vice-President (Finance & Operations)
Responsible Officer: Provost & Vice-President (Academic) and Vice-President (Finance & Operations)
Original Approval Date: June 1, 2018
Effective Date: August 17, 2026
Date of Most Recent Review: June 24, 2026
Revised: June 21, 2023, January 26, 2022 and June 21, 2019, Editorial revisions July 18, 2019, December 14, 2019 and January 27, 2021 (reviewed every 3 years, or earlier as required)
1. Preamble
The University of Guelph (University) values and promotes the health, safety and well-being of students, staff, faculty and members of the community. All Members of the University Community have a right to study, work, and live in an environment free from Sexual and Gender-Based Violence (SGBV), including Sexual Assault and Sexual Harassment.
The University is committed to an anti-oppressive, anti-racist, and anti-ableist approach to preventing and responding to SGBV. The University recognizes that systemic inequities, including racism, colonialism, sexism, ableism, homophobia, transphobia, and other forms of discrimination, shape how individuals experience violence, access supports, and engage with institutional processes.
The University is committed to identifying and addressing systemic issues related to SGBV. Information gathered through Reports, Disclosures, and annual reporting will be used to:
· Identify patterns, systemic barriers, and gaps in supports or processes;
· Inform prevention, education, and policy development;
· Develop and implement action plans to improve institutional responses, as necessary.
The University will report on these efforts in a manner that protects privacy and maintains confidentiality and in compliance with its legislative requirements.
Through this Policy, the University affirms its responsibility and commits to:
1.1. Recognize and address SGBV as a serious issue that undermines the health, safety, and well-being of individuals and communities.
1.2. Recognize that SGBV is often facilitated or compounded by systemic barriers, power imbalances, colonialism, racism, ableism, misogyny, transmisogyny, homophobia and other forms of oppression.
1.3. Recognize the significant impact that broader social attitudes and beliefs about sex, sexuality, gender, and gender identity and expression that normalize SGBV have on all of us;
1.4. Recognize the possible traumatic effects of sexual violence and supports the efforts of individuals to seek support and recover.
1.5. Provide education and awareness programs for Members of the University Community about healthy, respectful, and consensual sexual practices and relationships, training designed to reduce and prevent SGBV and on responding to Disclosures, and strongly encourage participation;
1.6. Provide safe, accessible, timely and trauma-informed confidential support, referrals, and information to Members of the University Community who are affected by SGBV;
1.7. Provide reasonable and appropriate accommodations or other considerations for Members of the University Community affected by SGBV;
1.8. Consistently and effectively communicate the services, resources, and options available for Members of the University community affected by SGBV;
1.9. Investigate Reports of SGBV where appropriate and in accordance with this Policy;
1.10. Adhere to the principles of procedural fairness and natural justice when investigating Reports of SGBV and when taking steps to establish outcomes or remedies;
1.11. Apply appropriate outcomes and accountability measures where a breach of this Policy has been established;
1.12. Systematically collect data concerning incidents of SGBV to inform prevention efforts and to improve institutional supports and processes; and
2. Purpose
The purpose of the SGBV Policy is to establish the University’s commitment to addressing SGBV through fostering and promoting a culture of consent, awareness, education, training and prevention programs, support for Persons Who Have Experienced SGBV, and the appropriate handling of Reports or complaints of incidents of SGBV. This Policy is intended to:
2.1 Comply with all legislative requirements, including the Ministry of Training, Colleges and Universities Act, R.S.O. 1990, c. M.19, the Ontario Human Rights Code, R.S.O. 1990, and the Occupational Health and Safety Act, R.S.O. 1990, c 0.1.
2.2 Outline the University’s values and its commitment to providing education and awareness initiatives related to consent and SGBV, and to supporting Members of the University Community in developing a shared understanding of their roles in prevention and response.
2.3 Ensure that individuals are treated with compassion and have their experiences validated,
2.4 Work to prevent SGBV by addressing contributing factors and strengthening protective measures.
2.5 Acknowledge the role of systemic and intersecting factors in experiences of SGBV and situate this Policy within broader institutional efforts to address these impacts, reduce harm and improve access to supports.
2.6 Respond to the needs of Persons Who Have Experienced SGBV in the University’s community by providing support, promoting choice, and supporting empowerment.
2.7 Recognize that individuals who disclose sexual violence are the final decision-makers about their own best interests except in rare circumstances where there is a safety risk to others.
2.8 Outline a procedurally fair complaint resolution process for responding to complaints and reports of SGBV, including alternative resolution, investigation, and decision-making processes.
2.9 Outline accountability measures for those who are found to have breached this Policy.
3. Application and Scope
3.1. Subject to the limits below, this Policy applies to all Members of the University Community. All Members of the University Community will be offered appropriate support with respect to issues of SGBV, regardless of their role in the University or the role of the person against whom an allegation is made.
3.2. University of Guelph-Humber
3.2.1. Where a Student Respondent is registered at the University of Guelph-Humber and is alleged to have engaged in SGBV on the Humber Polytechnic campus, Guelph-Humber campus, or off campus, the policies of Humber Polytechnic apply. Where a Student Respondent registered at the University of Guelph-Humber is alleged to have engaged in SGBV on the University’s Guelph Campus or the Ridgetown Campus, the Provost will determine which policy applies after consulting the Office of Legal Counsel.
3.2.2. Where a Student Complainant is registered at the University of Guelph-Humber, support services will be provided by Humber Polytechnic.
3.2.3. Where a University of Guelph-Humber-based Employee Respondent is alleged to have engaged in Sexual or Gender-Based Violence, the policy of whichever party of the Guelph-Humber joint venture is their employer will apply. Where the Employee is employed by more than one party of the Guelph-Humber joint venture, the Provost will determine which policy applies after consulting the Office of Legal Counsel, and appropriate officials at Humber Polytechnic.
3.2.4. Where an Employee Complainant is employed by Humber Polytechnic, support services will be provided by Humber Polytechnic.
3.2.5. Where a volunteer or other individual who is acting in a capacity defined by their relationship to the University is alleged to have engaged in Sexual or Gender-Based Violence on the Humber Polytechnic campus or Guelph-Humber campus, the policies of Humber Polytechnic apply.
3.3. University of Guelph – Ridgetown Campus
3.3.1. This Policy applies fully and equally to all Complainants and Respondents at the Ridgetown Campus.
3.3.2. Where a Student registered at the Ridgetown Campus makes a Disclosure to individuals at the Ridgetown Campus, they will be referred to the SGBV Support and Education Centre on the Guelph Campus for supports and options.
3.3.3. Where a Complainant wishes to make a Report under this Policy, the procedures applicable to the Guelph Campus will apply to matters arising at the Ridgetown Campus.
3.3.4. The SGBV Support and Education Centre at the Guelph Campus, will work collaboratively with designated individuals at the Ridgetown Campus to facilitate access to localized supports.
3.3.5. Investigations and Non-Adjudicated resolution processes relating to incidents at the Ridgetown Campus will be conducted in accordance with the processes set out in this Policy, with any necessary coordination between campuses.
3.4. The Reporting procedure and the processes initiated by this Policy apply to all incidents of SGBV in which both the Complainant and the Respondent are Members of the University Community, where the incident occurred on campus or where the incident occurred off campus and the Complainant and the Respondent were engaged in a University program or attending a University-affiliated event.
3.4.1. Allegations regarding other off-Campus conduct not contemplated above, including online conduct, may be brought forward under this Policy:
3.4.1.1. Where there is concern for an imminent or ongoing threat to community or workplace safety;
3.4.1.2. Where the University has reasonable grounds to be concerned about a risk of future SGBV or disruption at the University;
3.4.1.3. Where the Disclosed or Reported conduct has disrupted or interfered with another person’s reasonable participation in University programs or activities.
3.5. Support will be made available under this Policy to Complainants regardless of whether the Respondent is a Member of the University Community.
3.6. This Policy is designed to complement and not conflict with the University Employee Group Agreements. Where an Employee’s terms and conditions of work are covered by a University Employee Group Agreement, such as a collective agreement, processes such as investigation or discipline will follow the processes in that Employee’s Employee Group Agreement.
3.7. This Policy relies on a centralized system of Reporting, investigation, and decision-making for Reports of SGBV in order to avoid actual or perceived conflicts of interest or reasonable apprehension of bias, to preserve privacy, to minimize risk of Reprisal, and to ensure coordination and consistency across all colleges, campuses, and institutional services.
3.8. This Policy is separate from any criminal or civil proceedings. The University is responsible for determining whether a Member of the University Community has violated this Policy and is not responsible for determining breaches of criminal or civil law.
3.9. The University, at its sole discretion, reserves the right to or not to pursue or pause an alleged breach of the Policy concurrently through more than one University policy or external process.
3.10. Any University process under this Policy, including an investigation, may be modified or suspended at the discretion of the University based on a participant’s health or ability to participate. If a University process under this Policy is suspended, the SGBV Support and Education Centre will continue to support Members of the University Community.
4. Definitions
4.1. Campus means the real property which comprises either the University’s Guelph campus or Ridgetown Campus, in addition to such other real property and physical or other facilities owned, leased, or otherwise occupied or used by the University to facilitate its teaching, research and other core activities.
4.2. Complainant refers to a Member of the University Community who has made a Disclosure or Report of an incident of Sexual or Gender-Based Violence experienced by that individual, or an individual who has assumed that role pursuant to this Policy.
4.3. Consent means the active and voluntary agreement to engage in a sexual act. Consent must be clearly communicated, positive, ongoing, and may be withdrawn at any time. It is required before each interaction and must never be assumed or implied; silence or the absence of “no” does not constitute consent. Consent to one sexual act does not constitute consent to another. Consent cannot be obtained when a person is incapable of consenting, including due to intoxication, lack of consciousness, lack of responsiveness, or when participation is obtained through coercion or the abuse of a position of trust, power, or authority.
4.4. Days means calendar days. Where this policy prescribes a number of days, weekends and holidays shall be counted. In cases where a period of days is counted from a date forward a period of days is deemed to commence on the day following the event that began the period and is deemed to terminate at 11.59 p.m. on the last day of the period. In cases where a period of days is counted from a date backwards a period of days is deemed to commence on the day prior to the event that ends the period and is deemed to begin at 12:00 a.m. on the first day of the period.
4.5. Decision Maker refers to the person in senior leadership, or their delegate, designated by the University as responsible for making a decision following an investigation under this Policy.
4.6. Disclosure is the voluntary sharing of information by an individual with a Member of the University Community regarding an incident of Sexual or Gender-Based Violence experienced by that individual. A disclosure may be made for the purposes of seeking safety, support, accommodations, or connection to resources.
4.7. Employee means all academic staff and all non-academic staff. For the purposes of this Policy, Employee includes, but is not limited to, faculty, librarians, veterinarians, staff (regular, temporary, contract and casual), sessional lecturers, post-doctoral scholars, researchers, and teaching assistants.
4.8. Employee Group means a trade union as defined in the Labour Relations Act, 1995 or otherwise in legislation applicable to the University or a defined group of non-unionized Employees that is formally recognized by the University.
4.9. Employee Group Agreement means an written agreement or other agreement respecting terms or conditions of employment or the rights, privileges or duties of the University and/or an Employee Group made in writing between the University and (a) a trade union, or a council of trade unions, or (b) another Employee Group.
4.10. Grooming refers to a pattern of manipulative behaviours used by a person in a position of trust, power, authority, or influence to build rapport, create dependency, or normalize sexual content or contact for the purpose of facilitating sexual exploitation and minimizing the likelihood of detection or disclosure.
4.11. Indecent Exposure means the deliberate, non-consensual exposure of one’s body in public or in view of others in a manner that violates reasonable expectations of privacy and is intended to shock, alarm, or offend.
4.12. Intimate Partner Violence refers to any act causing physical, sexual, or psychological harm, occurring within a current or former intimate, dating, or partner relationship. Intimate Partner Violence can include physical aggression, assault, sexual assault, sexual coercion, psychological abuse, and controlling or coercive behaviours.
4.13. Member of the University Community means current University of Guelph Students, Employees, members of the Board of Governors or Senate, volunteers and other individuals who are acting in a capacity defined by their relationship to the University.
4.14. Person Who Has Experienced SGBV refers to any individual affected by Sexual or Gender-Based Violence. This term is used to centre personal agency and to avoid imposing labels, recognizing that people choose language that best reflects their experience.
4.15. Report/Reporting is the sharing of information by an individual with the SGBV Support and Education Centre or Campus Safety Office regarding an incident of Sexual or Gender-Based Violence experienced by that individual, with the intention of initiating one of the processes set out in this Policy, which could result in disciplinary action being taken against the Member of the University Community alleged to have engaged in Sexual or Gender-Based Violence.
4.16. Reprisal refers to any action that causes harm or negative consequences to someone as a result of Reporting or Disclosing an incident of Sexual or Gender-Based Violence under this Policy, or because they took part in a related process. Reprisal can be directed at anyone involved, such as a Complainant, Respondent, or witness. Threatening to take retaliatory action is also considered reprisal.
4.17. Respondent refers to a Member or Members of the University Community against whom an allegation of Sexual or Gender-Based Violence has been filed under this Policy.
4.18. The Safety and High-Risk Team refers to a group of relevant campus partners who may be convened when a matter under this Policy presents a potential risk to the broader University community and/or requires coordinated engagement of such campus partners. Information shared is limited to what is reasonably necessary to address safety concerns, with identities disclosed strictly on a need‑to‑know basis in accordance with this Policy and applicable privacy obligations. The Safety and High Risk Team does not replace established complaint resolution, investigation, or disciplinary processes, but supports coordinated risk assessment and the implementation of appropriate interim or protective measures where warranted.
4.19. SGBV Support & Education Centre is the University of Guelph Centre for Sexual and Gender-Based Violence Support and Education.
4.20. Sexual and Gender-Based Violence (SGBV) means any sexual act or act targeting a person based on their sex, sexuality, sexual orientation, sexual misconduct (employee), gender identity or gender expression, whether the act is physical, emotional or psychological in nature, that is committed, threatened or attempted against a person without Consent. Such acts include, but are not limited to, sexual assault, sexual harassment, intimate partner violence, stalking, indecent exposure, voyeurism, grooming, and sexual coercion and exploitation. These acts may occur in person, online, or through digital or technology-based environments, including any tools, platforms, or systems used to share, display, or transmit information.
4.21. Sexual Assault refers to any form of sexual contact without a person’s Consent. Sexual Assault can range from threatened sexual contact without Consent to unwanted touching or forced penetration and may occur when sexual activity is obtained through the abuse of a position of trust, power, or authority.
4.21. Sexual Exploitation refers to any sexual activity involving a person who is unable to provide Consent due to age, dependence, vulnerability, disability, or a power imbalance, including situations where trust, authority, or control is abused for sexual purposes.
4.22. Sexual Harassment refers to any unwanted and vexatious remark, behaviour, or communication based on sex, sexual orientation, gender identity, or gender expression that is known or ought reasonably to be known to be unwelcome. Sexual Harassment may include implied or expressed pressure for sexual favours, threats or reprisals for rejecting sexual advances, non-consensual creation or sharing of sexual images, aggressive or intolerant comments or slurs, or sexualized threats or intimidation.
4.23. Sexual Misconduct (Employee), refers to any acts in relation to the treatment of a student by an employee of the University that are sexual in nature, including remarks or behaviour (see definition of Sexual and Gender-Based Violence). This includes engaging, or attempting to engage, in a romantic or sexual relations with a Student as that is considered abuse of a position of trust, power or authority; any conduct that is viewed by this Policy as reprisal for rejecting sexual solicitation or advances is also prohibited; and any offence under the Criminal Code (Canada).
4.25. Stalking means repeated and unwanted attention or contact that causes a person to fear for their safety, including following, watching, or communicating in ways that are intrusive or threatening.
4.26. Student means, subject to limitations provided in this Policy, any person enrolled in any program at the University of Guelph, including diploma, undergraduate or graduate programs, including post-doctoral students and students on co-op work terms, internships or residencies, any person otherwise enrolled or taking credit or non-credit courses offered by the University of Guelph, or any visiting Student granted official status by the University including, but not limited to, visiting international research students, and any currently registered student participating in a University sanctioned activity or learning experience.
4.27. University means the University of Guelph.
4.28. University Hearing Board means the adjudicative body established by the Board of Governors pursuant to Policy 1.9 Policy on Establishing the University Hearing Board.
4.29. Voyeurism refers to secretly observing or recording someone in circumstances where they reasonably expect privacy, such as when they are nude, undressing, in a washroom, bedroom or other private space, or engaged in sexual activity, without their knowledge or Consent.
4.30. Workplace: A workplace is any physical, digital, or hybrid environment in which individuals perform work‑related activities, including across multiple locations and employers, using in‑person or digital means to collaborate, communicate, and fulfill work responsibilities.
5. Education, Support, and Resources
5.1. The University provides support to Members of the University Community who have experienced Sexual and Gender-Based Violence and to those who receive a Disclosure or Report of an incident of SGBV.
5.2. The University has established the SGBV Support and Education Centre. The Centre conducts intakes, accepts Disclosures of SGBV, and provides trauma-informed support to individual Members of the University Community who have experienced SGBV. The Centre maintains a website with information on this Policy, campus and community support and resources, and education and training.
5.3. The University provides education on the prevention and response to SGBV for all Members of the University Community, including training on this Policy and awareness programs about SGBV and personal safety.
5.4. The University provides education and training on this Policy to Members of the University Community who are likely to receive Disclosures or Reports, to support those who Disclose with dignity and compassion, and to help ensure that they are informed of available options in a safe and supportive manner.
5.5. The University provides SGBV support and sensitivity training for all those involved in the complaint process
5.6. The University provides support to Members of the University community who have had an allegation of SGBV made against them.
6. Accessing the Policy: Disclosure and Reporting
6.1. Disclosure and Reporting are separate actions that a Person Who Has Experienced SGBV may choose to take. The process for making a Disclosure is set out in section 7 of this Policy. The process for making a Report is set out in section 8 of this Policy.
6.2. A Member of the University Community who witnesses an incident of Sexual or Gender-Based Violence affecting another Member of the University Community is encouraged to contact The SGBV Support and Education Centre or Campus Safety Office immediately.
6.3. The University recognizes that a Person Who Has Experienced SGBV may require time and reflection before deciding whether or not they wish to make a Report. The University further acknowledges that a range of factors may influence a person’s decision to delay or not proceed with a Disclosure or Report, including fear of retaliation, potential immigration consequences, academic or employment impacts, and experiences of racism, transphobia, ableism, or past negative interactions with institutions, particularly for international Students, Indigenous and racialized community members, trans and non-binary individuals, and Employees in precarious roles.
6.4. Members of the University Community who have experienced SGBV are encouraged to make a Disclosure and/or Report as soon as they are able, recognizing that the passage of time may affect the University’s ability to respond effectively to the issues raised. There are no time limits on bringing forward incidents of SGBV under this Policy. Where an individual has experienced SGBV while a Member of the University Community but is no longer a Member of the University Community, the individual may contact the SGBV Support and Education Centre to discuss their options.
7. Disclosure
7.1. A Disclosure can be made to any Member of the University Community. A Disclosure may relate to a Respondent whether or not they are a Member of the University Community.
7.2. If a Person Who Has Experienced SGBV makes a Disclosure anywhere at the University, they should be offered information about, and support in connecting with, the SGBV Support and Education Centre. In emergencies, where the safety or health of any person may be at risk, the Person Who Has Experienced SGBV may be advised to make a Report to the Campus Safety Office. Where the University determines that there is an immediate risk to the safety of others, the University may take such steps as are reasonably necessary to address the risk, including notifying the Campus Safety Office directly.
7.3. Subject to the University's legal obligations, a Disclosure does not normally initiate any of the resolution options. The decision to make a Disclose and the decision to Report are separate distinct choices.
7.4. The University respects the right of a Person who has Experienced SGBV to choose whether and how to pursue action related to an Incident of Sexual or Gender-Based Violence. In the absence of a Report, and except where the University has an obligation to act as determined under this Policy (Section 8.3.5), a Disclosure may not result in disciplinary or investigative action against a potential Respondent.
7.5. Once a Disclosure is made, and regardless of whether any of the resolution options are initiated, the University will provide supports, as appropriate (Section 5 of the Policy).
7.6. The SGBV Support and Education Centre can, with the consent of the person accessing this Policy, consult or seek the assistance of other appropriate resources of the University and appropriate personnel from external agencies (e.g. victim services, hospital, Women In Crisis (WIC)), where reasonably necessary to facilitate the safety, follow-up, and support of those involved in a Disclosure of Sexual or Gender-Based Violence.
8. Reporting
8.1. Reporting Process
8.1.1. To initiate a Report under this Policy, a Person Who Has Experienced SGBV should contact the SGBV Support and Education Centre.
8.1.2. In emergencies, where the safety or health of any person may be at risk, a Person Who Has Experienced SGBV should contact 911, consider attending the Sexual Assault/Domestic Violence Care team the Guelph General Hospital or the Campus Safety Office. The Campus Safety Office will inform the SGBV Support and Education Centre and may be required to notify municipal police services.
8.1.3. Reporting can be initiated in person, virtually, by phone, or online. A Complainant may also request that the SGBV Support and Education Centre assist them by submitting a Report on their behalf.
8.1.4. The University has the jurisdiction to investigate Reports of SGBV made against a Member of the University Community, in accordance with this Policy.
8.1.5. The University does not have the jurisdiction to address allegations made against a person who is not a Member of the University Community. However, in such circumstances, the University will continue to provide support to Complainants who are Members of the University Community (in Section 5) and may be able to take measures, such as restricting access to campus, by the person against whom allegations are made. If the individual later becomes, or seeks to become, a Member of the University Community, the University may reassess its jurisdiction and may initiate or re‑initiate a process under this Policy, as appropriate.
8.1.6. A Complainant is not precluded from reporting an incident of Sexual or Gender-Based Violence to municipal police services if they have filed a Report under this Policy. Similarly, a Complainant is not precluded from filing a Report of Sexual or Gender-Based Violence with the University if they have reported the incident to municipal police services.
8.1.7. Following receipt of a Report, the University will notify the Respondent within a reasonable period of time and make them aware of the supports available to them.
8.1.8. Both the Complainant and the Respondent have the right to be accompanied by a support person and/or Employee Group representative and/or legal representative throughout the Reporting process and subsequent processes under this Policy, subject to reasonable limits established by the University to preserve the integrity, safety, and purpose of the process
8.1.9. The SGBV Support and Education Centre can, on a confidential basis, consult or seek the assistance of appropriate internal resources of the University, including the Safety and High-Risk Team, and may consult or seek the assistance from external parties, where relevant.
8.1.10. The SGBV Support and Education Centre will provide assistance to the Complainant and will discuss available options. Where appropriate, some of the options that may be offered to the Complainant following a Report include, but are not limited to:
8.1.10.1. Referral to support services within the University and in the broader community.
8.1.10.2. Informing the Respondent that their conduct toward the Complainant is unwelcome and reiterating the no Reprisal provisions of this Policy.
8.1.10.3. Safety planning
8.1.10.4. Accommodations (e.g., for Students: exam deferrals, class changes, emergency bursaries; for Employees: changes to work hours or locations)
8.1.11. A Respondent may access support services independent of whether a Report is filed or investigation is initiated. Access to support services does not depend on participation in an investigation or adjudication process. Available supports may include:
8.1.11.1. Information about the SGBV Policy, procedures, and processes
8.1.11.2. Assistance in understanding rights and responsibilities within the process
8.1.11.3. Referral to confidential counselling services (on- or off-campus)
8.1.11.4. Referral to health, legal, and community-based services
8.1.11.5. Access to student support services (e.g., academic advising) or employee supports (e.g., Employee Assistance Programs), as applicable
8.2. Review and Assessment
8.2.1. While the SGBV Support and Education Centre conducts intakes and receives Disclosures and Reports, the assessment and investigation process is coordinated through the Office of Diversity and Human Rights.
8.2.2. Upon receipt or completion of a Report, the SGBV Support and Education Centre will provide the Report to the Office of Diversity and Human Rights. Upon receiving a Report, Diversity and Human Rights will review and assess the Report in consultation with the SGBV Support and Education Centre and relevant stakeholder office(s) (i.e., Student Affairs, Human Resources, and/or Faculty and Academic Staff Relations). Diversity and Human Rights will, on a confidential basis, consult or seek assistance from other relevant internal University resources or external parties as appropriate. The review will include the following considerations, as appropriate:
8.2.2.1. Confirmation that the Report fits within the scope of the Policy;
8.2.2.2. Consideration of requirements pursuant to the Occupational Health and Safety Act;
8.2.2.3. Consideration as to whether the parties may be interested in a Non-Adjudicative Resolution Processes, and whether it may be feasible in the circumstances;
8.2.2.4. Determination as to whether an investigation is required, and if so, set parameters accordingly in consultation with the appropriate Decision-Maker (e.g., which University office will be involved, internal or external investigator, timelines, mandate and scope for the investigation);
8.2.2.5. Convene, at their discretion, the Safety and High-Risk Team, to provide consultation;
8.2.2.6. Consider and coordinate appropriate accommodations and/or interim measures as they relate to all parties involved in the Report, and;
8.2.2.7. As necessary, draw upon representatives of relevant services or departments in order to appropriately respond to the Report.
8.2.3. At any time during the proceedings under this Policy, the Safety and High-Risk Team, when convened, may determine it is necessary to disclose identities on a need-to-know basis in order to administer the Policy.
8.2.4. Within 30 calendar days of the Office of Diversity and Human Rights receiving a completed Report, it will provide the Complainant with an outline of the anticipated next steps and estimated timelines.
8.2.5. The Complainant may choose not to request an investigation by the University. The Complainant has the right not to participate, or to cease participating, in any investigation. Where a Complainant chooses not to participate in an investigation, they will be advised that this may affect the scope of the investigation and the ability to draw conclusions.
8.2.6. If the Office of Diversity and Human Rights determines that the Report does not appear to fall within the scope of the Policy, or decides not to commence an investigation, the Office of Diversity and Human Rights will notify the Complainant in writing with reasons. The Complainant will be informed of their right to make a written request for review of the decision. The request for review will be made to the Provost or designate in the case of Students and Employees holding an academic appointment, and to the Vice-President, Finance and Operations or designate in the case of all other individuals. The decision of the Provost, Vice-President, Finance and Operations or designate is final. Requests for review must be submitted within 30 calendar days of notification of the decision.
8.3. University Obligations Where a Complainant Does Not Request an Investigation, Declines Participation, or a Report Is Made by a Third Party or Anonymously
8.3.1. The University recognizes that individuals who experience SGBV may choose not to request or participate in an investigation. The University also recognizes that disclosures may be made by individuals other than the person directly affected or may be submitted anonymously.
8.3.2. The University respects the autonomy of individuals in determining whether to engage in an investigation process, while also fulfilling its responsibility to maintain a safe learning, living, and working environment.
8.3.3. In circumstances where:
8.3.3.1. A Complainant requests that no investigation be initiated;
8.3.3.2. A Complainant declines or withdraws participation;
8.3.3.3. A disclosure is made by a third party; or
8.3.3.4. A disclosure is made anonymously,
the University will:
8.3.4.5. Assess whether the disclosed conduct falls within the scope of this Policy;
8.3.4.6. Offer information regarding available supports, services, and accommodations, where appropriate and feasible;
8.3.4.7. Consider the need for interim measures or safety planning;
8.3.4.8. Explain the limits of confidentiality and applicable institutional obligations; and
8.3.4.9. Evaluate whether the disclosed conduct presents a broader or ongoing risk to individuals or the University community.
8.3.4. The University will not compel an individual to participate in an investigation solely because a Report has been made.
8.3.5. In limited and exceptional circumstances, the University may determine, in its sole discretion, that it must initiate or continue an investigation, or take other appropriate action, including referral to law enforcement, without a Report or without the participation of the individual alleged to have been affected. In making this determination, the University will consider factors including:
8.3.5.1. The seriousness of the allegations;
8.3.5.2. The presence of an ongoing, systemic, or community safety risk;
8.3.5.3. Allegations suggesting a pattern of conduct;
8.3.5.4. Whether the Respondent holds a position of authority, trust, or power;
8.3.5.5. The age or vulnerability of individuals involved;
8.3.5.6. The availability of independent or corroborating information; and
8.3.5.7. The University’s legal, regulatory, and community safety obligations.
8.3.6. The University will carefully weigh the potential impact of proceeding with an investigation on the individual alleged to have been affected before making such a determination.
8.3.7. Where the University determines that it must proceed:
8.3.7.1. The individual alleged to have been affected will be informed, where appropriate and feasible;
8.3.7.2. Information will be shared only with those who have a legitimate need to know;
8.3.7.3. Reasonable steps will be taken to minimize further impact;
8.3.7.4. Supports and accommodations will continue to be offered; and
8.3.7.5. Procedural fairness will be ensured for any Respondent.
8.3.8. A decision to proceed without participation does not constitute a judgment regarding the credibility, wishes, or position of any parties involved.
8.3.9. Where an incident of SGBV is disclosed anonymously, the University’s ability to respond may be limited by the information available. The University will assess the information provided to determine whether further action is warranted in accordance with this section.
9. Interim Measures
9.1. Purpose and Nature of Interim Measures
9.1.1. Interim Measures are temporary, precautionary, non-disciplinary actions implemented to support the safety, well-being, and functioning of individuals and the University Members of the Community while a matter is being assessed or resolved under this Policy.
9.1.2. Interim Measures are not a finding of responsibility and do not constitute disciplinary action. They are intended to be reasonable, proportionate, and responsive to the circumstances, and may be applied to one or more parties as appropriate.
9.1.3. Interim measures, proportional to the risk identified, may be implemented where alleged SGBV raises reasonable grounds for concern about:
9.1.4. An imminent or ongoing threat to community or workplace safety; or
9.1.5. Risk of future violence or disruption at the University
9.2. Interim Measures – Student Respondents
9.2.1. The Vice-Provost (Student Affairs) or the Provost may implement those interim measures provided in section 12.2 of the Student Rights & Responsibilities Policy.
9.2.2. The President may implement those interim measures provided for in University policy and, in addition, after consulting with the University Secretary and Office of Legal Counsel, may implement any other interim measures the President deems necessary to protect the safety and security of the University.
9.2.3. Interim measures are effective as of the time they are communicated to the Student and must be communicated in writing to the Student’s University e-mail address as soon as reasonably possible and in any case within two (2) working days following implementation.
9.2.4. The written notice to the Student will include reasons for the interim measure(s) and identify the policy or process under which the matter giving rise to the interim measure(s) will be formally resolved.
9.2.5. The written notice will advise Students subject to an interim measure of their right to respond and seek review of the imposition of the interim measure in writing to the Vice-Provost (Student Affairs), or to the Provost or President in cases where they have imposed interim measures.
9.2.6. If the Student responds seeking review, the Vice-Provost (Student Affairs), or the Provost or President in cases where they have imposed interim measures, may reassess the interim measure and either confirm, vary or rescind it pending formal disposition of the matter giving rise to the interim measure(s).
9.2.7. Interim measures are valid for up to ninety (90) calendar days or until a written decision about the matter giving rise to the interim measures is issued to the Student, whichever time period shorter. If the ninetieth (90th) calendar day is not a working day, the interim measure(s) is(are) automatically extended to the next working day.
9.2.8. The Vice-Provost (Student Affairs), Provost or President may seek an extension of an interim measure(s) from the Chair of the University Hearing Board, through the Judicial Officer. The chair may issue a single extension for up to ninety (90) calendar days.
9.2.9. Where there are reasonable grounds to seek an extension of greater than ninety (90) days, the Vice-Provost (Student Affairs), Provost or President may seek an extension of an interim measure(s) from the University Hearing Board. The University Hearing Board may issue extensions for any period of time. The University Hearing Board will hear matters relating to interim measures in writing, unless the Chair of the University Hearing Board determines otherwise.
9.3. Interim Measures – Employee and Other Respondents
9.3.1. Where an Employee Group Agreement process includes provisions for interim measures the processes in the Employee Group Agreement will be followed, provided it does not violate any applicable laws.
9.3.2. Where an Employee is not subject to an Employee Group Agreement or an Employee Group Agreement process does not include provisions for interim measures, the following process will apply (where an Employee Group Agreement is silent with respect to some aspect of the use, scope, or procedural requirements of interim measures, the following process will also guide the implementation of interim measures):
9.3.2.1. With respect to Employees holding an academic appointment, after consulting with the Employee’s direct supervisor, the Assistant Vice-President (Faculty & Academic Staff Relations) may impose such interim measures as are reasonable and proportionate to the risk(s) identified.
9.3.2.2. With respect to all other Employees, volunteers and associates, after consulting with the Employee’s direct supervisor, the Associate Vice-President & Chief Human Resources Officer may impose such interim measures as are reasonable and proportionate to the risk(s) identified.
9.3.2.3. With respect to members of Senate who are not employed by, or Students of, the University, the President, after consulting with the University Secretary, may impose such interim measures as are reasonable and proportionate to the risk identified.
9.3.2.4. With respect to members of the Board of Governors who are not employed by, or Students of, the University, such interim measures as are reasonable and proportionate may be imposed by the Chair of the Board of Governors after consulting with the University Secretary.
9.3.2.5. Interim measures are effective as of the time they are first communicated and must be communicated in writing as soon as reasonably possible.
9.3.2.6. An Employee or other Respondent may request a review of interim measures once every ninety (90) days. Upon receiving a request for review, the office holder who imposed the interim measures will review whether they remain reasonable and proportionate and may either confirm, vary, or rescind the interim measure(s).
9.3.3. Where interim measures have been imposed, the University will seek to resolve the matter giving rise to the interim measures as expeditiously as reasonably possible.
10. Non-Adjudicative Resolution Processes
10.1. Non-Adjudicative Resolution Processes are voluntary resolution options that may be available under this Policy as an alternative to an investigation and decision-making process. These processes are intended to support the choices of the Person Who Has Experienced SGBV, address harm, promote accountability, and implement reasonable and appropriate remedies without making findings of responsibility or imposing disciplinary sanctions.
10.2. Non-Adjudicative Resolution Processes do not involve an investigation, credibility assessments, or determinations as to whether this Policy has been breached.
10.3. Availability and Appropriateness
10.3.1. At any time after a Report has been made under this Policy, a Complainant may indicate an interest in exploring a Non-Adjudicative Resolution Process. A Respondent may also indicate an interest in participating in a Non-Adjudicative Resolution Process.
10.3.2. The appropriateness of Non-Adjudicative Resolution process may be informed by cultural context, community-based approaches to accountability, and the Person Who Has Experienced SGBV’s sense of emotional and cultural safety.
10.3.3. The availability and appropriateness of a Non-Adjudicative Resolution Process will be assessed by the Office of Diversity and Human Rights in consultation with the SGBV Support and Education Centre and relevant stakeholder office(s), taking into consideration, the following factors as appropriate:
10.3.3.1. the wishes and informed consent of the Complainant and the Respondent;
10.3.3.2. the nature and circumstances of the alleged incident;
10.3.3.3. safety considerations and the potential risk of harm to individuals or the University community;
10.3.3.4. the University’s legal obligations and duty to maintain a learning, working, and living environment free from Sexual and Gender-Based Violence; and
10.3.3.5. whether a Non-Adjudicative Resolution Process may reasonably address the issues raised by the Report.
10.3.4. A Non-Adjudicative Resolution Process will not be available where the assessment under 10.3.3 above identified that there is a significant power imbalance between the parties, a serious safety concern, or the nature and seriousness of the allegations makes such a process inappropriate. In all other cases, the factors listed in 10.3.3 above will be used to asses whether a Non-Adjudicative Resolution Process is suitable in the circumstances.
10.3.5. Participation in a Non-Adjudicative Resolution Process is voluntary. No party will be compelled to participate or continue in such a process, and declining or withdrawing from a Non-Adjudicative Resolution Process will not result in an adverse inference.
10.3.6. A Complainant will not be required to meet face-to-face with a Respondent as part of a Non-Adjudicative Resolution Process.
10.4. Forms of Non-Adjudicative Resolution
10.4.1. A Non-Adjudicative Resolution Process may take a variety of forms, depending on the circumstances of the Report and the needs, preferences, and safety considerations of the parties. These may include, but are not limited to:
10.4.2. facilitated or structured discussions;
10.4.3. shuttle communication facilitated by a trained University representative or external facilitator;
10.4.4. restorative or transformative justice-informed processes;
10.4.5. education- or accountability-focused interventions; or
10.4.6. other structured resolution processes agreed to by the parties and approved by the University.
10.5. Facilitation and Supports
10.5.1. Where a Non-Adjudicative Resolution Process is offered and accepted, the University will assign a facilitator with appropriate training and experience, including training in trauma-informed practice and SGBV response.
10.5.2. Both the Complainant and the Respondent may be accompanied by a support person and/or a union association representative, or legal representative during a Non-Adjudicative Resolution Process, subject to reasonable limits established by the University to preserve the integrity, safety, and purpose of the process.
10.6. Outcomes and Remedies
10.6.1. Outcomes under a Non-Adjudicative Resolution Process are intended to be remedial, educational, protective, and/or restorative in nature, and proportionate to the circumstances. Outcomes must be mutually agreed upon by the parties and, where required, approved by the University.
10.6.2. Possible outcomes may include, but are not limited to:
10.6.2.1. agreements regarding no contact or limitations on communication;
10.6.2.2. restrictions or conditions related to access to specific University spaces, activities, or services;
10.6.2.3. academic, workplace, housing, or scheduling adjustments;
10.6.2.4. participation in education, coaching, counselling, or training;
10.6.2.5. behavioural expectations or accountability agreements; and
10.6.2.6. other reasonable and appropriate remedies tailored to the circumstances.
10.6.3. Outcomes under a Non-Adjudicative Resolution Process do not constitute disciplinary sanctions and do not represent a finding that this Policy has been breached
10.7. Documentation and Approval
10.7.1. Any agreement reached through a Non-Adjudicative Resolution Process will be documented in writing and signed by the parties. Where an outcome requires action by the University or impacts matters beyond the control of the parties, the agreement must be approved by the appropriate University decision-maker.
10.7.2. The University will retain the written agreement in accordance with its records management obligations and may share the agreement on a need-to-know basis, solely for the purpose of implementing the agreed-upon outcomes.
10.8. In addition to the confidentiality obligations and terms set out in section 15, Non-Adjudicative Resolution Processes are confidential and conducted on a without-prejudice basis. Information shared solely for the purposes of a Non-Adjudicative Resolution Process will not be used as evidence in a subsequent investigation, hearing, or adjudicative process under this Policy or another University policy, except where required by law.
10.9. Either party may withdraw from a Non-Adjudicative Resolution Process at any time by providing notice to the Office of Diversity and Human Rights or the SGBV Support and Education Centre. Where a Non-Adjudicative Resolution Process is declined, withdrawn from, or does not result in an agreement, the matter may proceed to, or resume, an investigation and decision-making process in accordance with this Policy.
10.10. Allegations of a failure to comply with the terms of a Non-Adjudicative Resolution agreement should ideally have a process set out in the agreement itself to address them. Failing this, they may be assessed by the University and addressed through the appropriate University policy, Employee Group Agreement, or process, depending on the individual’s relationship with the University.
10.11. Outcomes are developed case-by-case, based on the needs of the Person Who Has Experienced SGBV, safety considerations, and the circumstances of the report. All outcomes must be voluntary, mutually agreed upon, and approved by the University where required. A list of examples of possible outcomes is included in Appendix A.
11. Investigation
11.1. Purpose and Nature of an Investigation
11.1.1. An investigation is a formal, structured process undertaken to gather and assess evidence in order to determine the facts surrounding allegations of Sexual or Gender-Based Violence or related misconduct under this Policy.
11.1.2. Investigations will be conducted in a manner that is trauma-informed, impartial, thorough, and consistent with the principles of procedural fairness.
11.1.3. Findings of fact will be made using the civil standard of proof: balance of probabilities (i.e., whether it is more likely than not that the alleged conduct occurred).
11.2. Appointment of the Investigator
11.2.1. Once a determination has been made to commence an investigation, the University will appoint a qualified investigator with appropriate skills, training, and experience, including expertise in conducting trauma-informed investigations.
11.2.2. The investigator may be internal or external to the University, as appropriate to the circumstances.
11.2.3. The investigator must be impartial and free from actual or perceived conflicts of interest. If either party reasonably believes that the appointed investigator may have a conflict of interest, they may submit a written request outlining their concern within seven (7) calendar days of receiving notice of the appointment.
11.2.4. The University office that appointed the investigator will review the request and determine whether an alternate investigator will be appointed. Either party may appeal this decision by submitting a written request outlining their grounds for appeal within seven (7) calendar days of receiving notice of the appointment review decision. The appeal will be made to the Provost or designate in the case of Students and Employees holding an academic appointment, and/or to the Vice-President, Finance and Operations or designate in the case of all other individuals. The decision of the Provost and/or Vice-President, Finance and Operations or designate is final.
11.3. Written Notice of Investigation
11.3.1. The Respondent will receive written notice that an investigation has been initiated. The notice will include:
11.3.1.1. The particulars of the allegations;
11.3.1.2. The relevant policies, Employee Group Agreements, or laws that may apply;
11.3.1.3. The name of the investigator;
11.3.1.4. An explanation of the investigation process;
11.3.1.5. Confirmation that findings will be made using the balance of probabilities standard; and
11.3.1.6. Notice of the Respondent’s right to seek legal advice and to be accompanied at meetings by a support person, including legal counsel or, where applicable, an Employee Group representative.
11.3.2. The Complainant will receive confirmation that the investigation has commenced and information about the investigation process and available supports.
11.4. Timelines
11.4.1. Investigations will be completed in a timely manner, taking into account the complexity of the matter, the availability of parties and witnesses, and the requirements of procedural fairness.
11.4.2. The University will normally strive to complete internal investigations within twelve (12) months from the appointment of the investigator to the delivery of findings to the decision-maker.
11.4.3. Where an investigation cannot reasonably be completed within this timeframe, the parties will be informed of the delay and provided with an updated anticipated timeline.
11.5. Conduct of the Investigation
11.5.1. The investigator works independently and will develop an investigation plan that identifies:
11.5.2. The issues to be determined;
11.5.3. The individuals to be interviewed;
11.5.4. The evidence to be collected; and
11.5.5. The documents to be reviewed.
11.6. Collection of Evidence
11.6.1. The investigator will collect and review relevant evidence, which may include written complaints, responses, correspondence, electronic communications, University policies, Employee Group Agreements, and other materials deemed pertinent.
11.6.2. Both parties may submit relevant documents, identify witnesses, and provide other information they believe is relevant to the matter under investigation.
11.7. Interviews
11.7.1. The investigator will interview the Complainant and the Respondent separately and may interview witnesses as appropriate.
11.7.2. Each party:
11.7.2.1. Will have a meaningful opportunity to respond to the allegations;
11.7.2.2. May provide information orally and/or in writing;
11.7.2.3. May suggest areas of inquiry for the investigator to consider.
11.7.3. If a party provides an oral response, the investigator will prepare a written summary or notes and provide them to that party for review and correction.
11.7.4. If a party does not respond within the timeframe established by the investigator, or declines to participate, the investigator may proceed in their absence.
11.7.5. The Complainant will not be required to appear in the presence of the Respondent.
11.7.6. To support a trauma-informed and procedurally fair process, direct cross-examination between the Complainant and the Respondent is not permitted.
11.7.7. Each party will have a meaningful opportunity to respond to the information and evidence gathered by the investigator through the processes outlined in this Policy.
11.8. Reciprocal Disclosure and Right to Reply
11.8.1. The Respondent will be provided with a reasonable opportunity to respond in writing or orally to the allegations.
11.8.2. The Complainant will be provided with a summary of the Respondent’s response.
11.8.3. The Complainant may submit a reply within a timeframe established by the investigator.
11.8.4. The Respondent will be provided with a summary of any reply received.
11.8.5. Where new relevant information arises that may materially affect the findings, both parties will be given a reasonable opportunity to respond before the investigation is finalized.
11.9. Trauma-Informed and Identity Informed Investigation Practices
11.9.1. Investigators will not rely on stereotypes or assumptions related to gender identity, race, culture, disability, sexual orientation or immigration status when assessing credibility.
11.9.2. Individuals will not be asked irrelevant or discriminatory questions, including questions relating to past sexual history, gender identity, or sexual expression, except where directly relevant and necessary to the allegations being investigated.
11.9.3. Each party may be accompanied by a support person, including legal counsel or, where applicable, an Employee Group representative, subject to reasonable limits established by the University to preserve the integrity, safety, and purpose of the process.
11.9.4. A support person may not also serve as witness in the same matter.
11.9.5. The investigator will conduct the process in a manner that recognizes the potential impacts of trauma and seeks to minimize unnecessary re-traumatization while ensuring fairness to all parties.
11.10. Confidentiality Specific to Investigations (records, witness expectations, investigation materials):
11.10.1. In addition to the confidentiality obligations and terms set out in section 15:
11.10.1.1. Information gathered during the investigation will be treated as confidential and managed in accordance with applicable privacy legislation and University policy.
11.10.1.2. The investigator will remind the Complainant, Respondent, and witnesses of confidentiality expectations.
11.10.1.3. No confidentiality agreement or settlement arising from a matter under this Policy will prevent an individual from making disclosures required by law or institutional policy, including disclosures necessary to protect the safety of the University community.
11.10.1.4. Records of investigations and findings under this Policy will be maintained in accordance with the University’s record retention and privacy obligations.
11.11. Investigation Report
11.11.1. At the conclusion of the investigation, the investigator will prepare a written confidential Investigation Report.
11.11.2. The investigator’s role is to make findings of fact based on the balance of probabilities. The investigator does not determine whether there has been a breach of this Policy or impose accountability measures.
11.11.3. The Investigation Report will be provided to the appropriate University decision-maker in accordance with the Respondent’s status.
11.12. Referral to Decision-Maker
11.12.1. The parties will be informed of the identity of the Decision-Maker. If either party reasonably believes that the Decision-Maker may have a conflict of interest, they may submit a written request for an alternate Decision-Maker within seven (7) calendar days.
11.12.2. The request for an alternate Decision-Maker will be made to the Provost or designate in the case of Students and Employees holding an academic appointment, and/or to the Vice-President, Finance and Operations or designate in the case of all other individuals. The decision of the Provost, Vice-President, Finance and Operations or designate is final.
11.13. Decision-Making and Accountability Measures
11.13.1. The Decision-Maker will review the Investigation Report and determine whether there has been a breach of the Policy. No undisclosed information will be relied upon in rendering a decision.
11.13.2. The Decision-Maker may take notice of facts that are a matter of public record, and generally recognized scientific or technical facts,
11.13.3. Prior to rendering a decision, the Decision-Maker may invite written submissions regarding the findings and potential next steps. If new relevant information arises at this stage, both parties will be given an opportunity to respond before a final decision is made.
11.13.4. A written decision, including reasons and any accountability measures, will normally be issued within forty-five (45) calendar days of receipt of the Investigation Report. Extensions may occur where necessary and will be communicated to the parties.
11.13.5. Where a breach of this Policy is found, accountability measures will be reasonable and proportionate in the circumstances and may reflect:
11.13.5.1. The experiences, expressed needs, and interests of the Complainant;
11.13.5.2. The nature and severity of the conduct;
11.13.5.3. Any power imbalance between the parties;
11.13.5.4. Community safety and wellbeing considerations;
11.13.5.5. Applicable Employee Group Agreements and employment frameworks;
11.13.5.6. The principle of progressive discipline, where applicable.
11.13.6. Where a finding of Sexual Misconduct (Employee) is made against an Employee, accountability measures will be implemented in accordance with applicable employment frameworks and may include restrictions relating to future employment, references, or re-engagement with the University, as required by institutional obligations.
11.14. Decision
11.14.1. In the case of a Student Respondent, the Investigation Report will be reviewed by the Vice-Provost, Student Affairs or designate to determine whether the Policy has been breached and, if so, the appropriate accountability measures selected from the outcomes available under the Student Rights and Responsibilities Policy, with the exception of the recommendation for suspension or expulsion. The Respondent will be notified in writing of the decision and any discipline or accountability measures imposed. If the Vice-Provost, Student Affairs believes that the Policy has been breached and that the appropriate accountability measures should include suspension or expulsion, the Vice-Provost, Student Affairs shall refer the matter for a hearing under the Student Rights and Responsibilities Policy.
11.14.2. In the case of a faculty or staff member Respondent, the outcome of the Investigation Report will be provided to the appropriate Assistant Vice-President, Vice-Provost, or Vice-President. A faculty or staff member who is found to have breached the Policy may be subject to discipline, up to and including the termination of their employment with the University. Discipline falls within the purview of the appropriate Employee Group Agreement and/or University policies and may include, but is not limited to, reprimands, paid and/or unpaid suspensions, discharge, training/education, or restricting individuals from certain buildings or work locations. Any disciplinary outcomes arising from a breach of either Policy will be determined by the relevant Employee Group Agreement, or where no Employee Group Agreement exists, the Employee’s Dean or Department Head, in consultation with HR, FASR, DHR, Office of Legal Counsel as applicable, and consistent with the relevant Employee Group Agreement.
11.14.3. In the case of a Member of the University Community who holds more than one role – for example, a Student who is also an Employee – or in the case of multiple Respondents who hold different roles, or in the case of a Respondent who is a Member of the University Community who is not covered in sections 11.14.1 and 11.14.2, the University will decide which process will apply in the circumstances of the particular case. In making this determination, the University will consider the nature of the Respondent’s primary relationship with the University, the capacity in which the alleged conduct occurred, and principles of procedural fairness.
11.14.4. Subject to any applicable legal obligations and privacy rights, as well as the confidentiality obligations set out in this Policy, Complainants will be made aware of what corrective actions have been taken or will be taken (if any). Complainants will be advised of any corrective action that impacts them directly. Other participants (e.g. witnesses) may be notified when a process has concluded.
11.14.5. Wherever practicable, the University will continue to conclude an investigation even if the Respondent and/or Complainant is no longer a Member of the University Community. A leave of absence or any other temporary break from the University does not constitute the end of a relationship with the University for the purposes of this Policy.
11.14.6. The University may proceed with decision-making under this Policy even if the Respondent and/or Complainant cease to be a Member of the University Community during a process under this Policy and/or did not participate in all or part of a process under this Policy. In this circumstance, the University will determine what further action, if any, is available and appropriate taking into account factors such as the nature of the Respondent’s former relationship with the University and any continuing jurisdiction the University may have.
11.15. Placing an Investigation on Hold
11.15.1. The University may place an investigation on hold where:
11.15.1.1. The Complainant requests a Non-Adjudicative Resolution Process;
11.15.1.2. There is an active police investigation;
11.15.1.3. The matter is being addressed through another legal or grievance process; or
11.15.1.4. Other circumstances arise that make it necessary or appropriate to pause the investigation.
11.15.2. The parties will be informed of the reasons for any hold and, where possible, anticipated next steps.
11.16. Withdrawal of a Complaint
11.16.1. A Complainant may request to withdraw a Complaint at any time.
11.16.2. The University may continue an investigation despite withdrawal where necessary to meet legal obligations, address safety concerns, or protect Members of the University Community.
11.17. Access to Findings
11.17.1. Subject to applicable privacy legislation, University policy as well as the confidentiality obligations set out in the Policy, both the Complainant and the Respondent will receive written notice of the outcome of the Investigation Report, including a summary of the findings of fact and the reasons for the decision.
11.17.2. The level of detail provided will be sufficient to ensure procedural fairness while protecting the privacy and confidentiality rights of all individuals involved.
12. Appeal Process
12.1. Appeal processes will be conducted in a manner that minimizes re-traumatization and recognizes the cumulative impact of prolonged processes.
12.2. Both the Complainant and the Respondent have the right to appeal a finding of responsibility and/or an outcome imposed under this Policy. Appeals must be submitted within ten (10) working days of receipt of the written decision and may be made on one or more of the following grounds:
12.2.1. The decision and/or outcome was unreasonable based on the evidence before the decision-maker;
12.2.2. New evidence is available that was not available at the time of the original decision and could reasonably affect the outcome;
12.2.3. There was a breach of procedural fairness, including bias or a reasonable apprehension of bias.
12.3. Where the appeal is initiated by the Complainant, the appeal shall be heard by, or in accordance with:
12.3.1. in the case of Student Respondents, the University Hearing Board;
12.3.2. in the case of Employee Respondents, except as otherwise provided below, the Provost or designate for Employees holding an academic appointment, and the Vice-President, Finance and Operations or designate for all other Employees;
12.3.3. in the case of a Vice-President, the University Secretary, the Chief Internal Auditor or the General Counsel, the President;
12.3.4. in the case of the President, the Human Resources & Membership Committee of the Board of Governors;
12.3.5. in the case of members of Senate who are not employed by, or Students of, the University, the President;
12.3.6. in the case of members of the Board of Governors who are not employed by, or Students of, the University, the Chair of the Board of Governors, or, at the Chair’s discretion, the Human Resources & Membership Committee of the Board of Governors; and
12.3.7. in the case of volunteers and all other individuals, the Vice-President, Finance and Operations or designate.
12.4. Where the appeal is initiated by the Respondent, the appeal shall be heard by, or in accordance with:
12.4.1. in the case of Student Respondents, the University Hearing Board;
12.4.2. in the case of Employee Respondents, where the Employee’s Employee Group Agreement provides for an appeal or grievance process, that appeal must be pursued through the process set out in the applicable Employee Group Agreement.
12.4.3. in the case of all other Employee Respondents, except as otherwise provided below, the Provost or designate for Employees holding an academic appointment, and the Vice-President, Finance and Operations or designate for all other Employees;
12.4.4. in the case of a Vice-President, the University Secretary, the Chief Internal Auditor or the General Counsel, the President;
12.4.5. in the case of the President, the Human Resources & Membership Committee of the Board of Governors;
12.4.6. in the case of members of Senate who are not employed by, or Students of, the University, the President;
12.4.7. in the case of members of the Board of Governors who are not employed by, or Students of, the University, the Chair of the Board of Governors, or, at the Chair’s discretion, the Human Resources & Membership Committee of the Board of Governors; and
12.4.8. in the case of volunteers and all other individuals, the Vice-President, Finance and Operations or designate.
12.5. Where one Party initiates an appeal, the other Party shall be given an opportunity, as part of that appeal, to raise any grounds of appeal or responsive matters they wish to have considered. Any such grounds or matters must be raised at that time. Exceptions to the foregoing may be made where required by the terms of an applicable Employee Group Agreement.
12.6. A Respondent may not initiate a subsequent appeal following the disposition of an appeal initiated by the Complainant. Similarly, a Complainant may not initiate a subsequent appeal following the disposition of an appeal initiated by the Respondent. Exceptions to the foregoing may be made where required by the terms of an applicable Employee Group Agreement.
12.7. All appeal decisions are final.
13. Substance Use Amnesty for Students
13.1. The University acknowledges that a Person Who Has Experienced SGBV may be reluctant to disclose or submit a complaint if they were using alcohol or drugs when an incident took place. The University will not hold accountable a Student who discloses or makes a Disclosure or makes a Report about SGBV for using drugs or alcohol at the time of the alleged incident.
14. Freedom from Reprisal
14.1. The University will not tolerate any Reprisal against anyone who makes a Disclosure or Reports an Incident of SGBV, or who participates in a University process related to allegations of SGBV against a Member of the University Community.
14.2. The University will take reasonable steps to protect Complainants and others who participate in a process under this Policy from Reprisal, including advising individuals, where appropriate, in writing of their duty to refrain from committing an act of Reprisal, and taking action where a breach of that duty is established. The University may also provide measures of accommodation or impose interim measures to minimize opportunities for Reprisals.
14.3. If a Complainant is of the view that a Reprisal has occurred or may be occurring, they are encouraged to advise their support person at the SGBV Support and Education Centre and/or the Office of Diversity and Human Rights as soon as is reasonably possible. Any other person experiencing such an act is likewise encouraged to bring it to the attention of the SGBV Support and Education Centre or the Office of Diversity and Human Rights.
14.4. Allegations of Reprisals will be assessed by the Safety and High-Risk Team.
14.5. If the Safety and High-Risk Team determines that the alleged act does not constitute a Reprisal, the individual who made the allegation may seek a review of that decision, The request for review will be made to the Provost or designate in the case of Students and Employees holding an academic appointment, and to the Vice-President, Finance and Operations or designate in the case of all other individuals. The decision of the Provost, Vice-President, Finance and Operations or designate is final. Requests for review must be submitted within 30 calendar days of notification of the decision.
14.6. If the Safety and High-Risk Team determines that there is sufficient basis to allege that a Reprisal has occurred, the allegations will be addressed in the following manner:
14.6.1. Allegations of Reprisals by a Respondent during a process under this Policy may be treated as a new incident of SGBV and may be included, where appropriate, in the scope of an ongoing investigation under this Policy.
14.6.2. Allegations of Reprisals that are not included in the scope of an ongoing investigation under this Policy will be assessed by the Safety and High-Risk Team, which will make a determination to:
14.6.2.1. Initiate a resolution process under this Policy
14.6.2.2. In the case of Students, initiate a resolution process under the Student Rights & Responsibilities Policy
14.6.2.3. In the case of Employees, initiate a resolution process under an applicable Employee Group Agreement and/or University policy.
14.7. Alleged or substantiated Reprisals may result in the amendment of existing interim measures or imposition of new interim measures.
15. Confidentiality (General: applies to all disclosures/reports/processes)
15.1. The University recognizes that maintaining confidentiality is an important factor in creating an environment in which Persons Who Have Experienced SGBV feel safe to make a Disclosure and seek supports, and in which all Parties are able to participate in a Resolution Process that is fair. The University further recognizes that breaches of confidentiality may have heightened consequences for individuals whose identities or circumstances place them at increased risk of stigma, harassment, or institutional harm.
15.2. All Members of the University Community who receive a Disclosure of SGBV or who are involved in a complaint resolution process, are expected to maintain confidentiality.
15.3. The importance of preserving confidentiality, protecting privacy, and the need to limit the disclosure and sharing of personal information to that which is necessary, will be explained to all parties as a necessary measure to protect the integrity of this Policy.
15.4. Subject to applicable law and professional obligations, including but not limited to those professional obligations incumbent upon health information custodians pursuant to the Personal Health Information Protection Act, 2004, University Employees who receive disclosures of SGBV may be required to share relevant information with the SGBV Support and Education Centre to determine if it may be necessary to initiate a complaint resolution process under this Policy.
15.5. The SGBV Support and Education Centre will only share information relating to a Disclosure or Report of SGBV on a need-to-know basis, and only when reasonably necessary to initiate a Report under this Policy, to comply with the University’s legal obligations, and/or to protect public or personal safety. For example:
15.5.1. The SGBV Support and Education Centre, Office of Diversity and Human Rights (DHR), or other University offices may be required to share information about reports of Sexual or Gender-Based Violence to administer the complaint resolution process under this Policy, for example, to implement interim measures, facilitate a non-adjudicative process, conduct an investigation, make a decision, or apply accountability measures.
15.5.2. The Office of Diversity and Human Rights (DHR), or other University offices, may have a duty to investigate reports of SGBV under applicable legislation, including the Ministry of Training, Colleges and Universities Act, the Ontario Human Rights Code and/or the Occupational Health and Safety Act.
15.5.3. The SGBV Support and Education Centre, Office of Diversity and Human Rights (DHR), or other University offices may have a duty to disclose information when there is a reasonable concern about imminent risk, including when an individual is at risk of life-threatening self-harm, at risk of harming others, or where there is a risk to the safety of the University and/or broader community.
15.5.4. The SGBV Support and Education Centre, Office of Diversity and Human Rights (DHR), or other University offices may have a legal duty to disclose information to a professional regulator, where required by law.
15.5.5. The SGBV Support and Education Centre, Office of Diversity and Human Rights (DHR), or other University offices may otherwise need to disclose information as required by law.
15.6. The University protects personal information and handles records in accordance with its policies, the Freedom of Information and Protection of Privacy Act, the Personal Health Information Protection Act, and the provisions of applicable Employee Group Agreements.
15.7. All individuals involved in a process under this Policy are expected to maintain confidentiality in accordance with the terms of this Policy.
15.8. A breach of confidentiality may undermine the integrity of the process and the safety of those involved. Where a breach is identified, the University may take action in accordance with applicable University policies, employee group agreements, or other governing frameworks.
16. Reporting and Review
16.1. The University will produce and post publicly an annual report on SGBV at the University that provides aggregate statistical information, without names or personal information.
16.2. The University recognizes that preventing and responding to SGBV on campus is a continuing responsibility. As such, the University will regularly review this Policy and update its resources and related policies to ensure they remain current and responsive.
16.3. The University will conduct a review of this Policy every three years that will include consultation with Members of the University Community, including Students, staff, and faculty, and will amend the Policy as appropriate.
17. Student Mental Health in All Policies Impact Statement
The Sexual and Gender-Based Violence (SGBV) Policy was reviewed using the Student Mental Health in All Policies (SMHiAP) framework to understand how it affects student mental health, equity, and well-being at the University of Guelph.
The policy recognizes that SGBV can have serious impacts on student mental health and that Students may experience both harm and campus response processes in different ways. Rather than taking a one size fits all approach, this Policy offers flexibility and choice, helping to support Students’ sense of safety, control, and dignity, whether they are a complainant or a respondent.
Health equity is addressed by providing multiple ways for Students to disclose concerns, make a report, or connect with support. This recognizes that not all Students feel equally safe or comfortable using formal systems, and that access to supports can vary. Allowing Students to choose how and when they engage helps reduce barriers related to stigma, fear of retaliation, cultural factors, or past experiences of marginalization. Clear and transparent information about processes, expectations, and possible outcomes also helps reduce stress and uncertainty.
No specific group of Students was identified as being more affected by the Policy than others. However, the Policy is designed with an understanding that Students have diverse identities, needs, and lived experiences across campus.
The positive mental health impacts of the policy are intentional. Trauma informed approaches, survivor centred supports, and education are built directly into the Policy to reduce harm and promote well-being throughout the reporting and response process. As a result, there were no additional unintended positive effects identified.
Some potential negative effects may occur due to broader campus systems, such as impacts on academics, housing, employment, or workspaces. These effects are context-dependent and may vary based on individual circumstances. The Policy works to reduce harm by clearly explaining these possibilities upfront, allowing Students to make informed decisions and supporting transparency throughout the process.
The Policy was developed with input from multiple campus partners, reflecting a collaborative approach. Indigenous and equity seeking communities were represented during the revision process through participation on the policy draft group. Ongoing review and evaluation are built into the Policy to ensure it continues to adapt based on feedback, evidence, and Student needs.
Overall, the SGBV Policy strongly aligns with SMHiAP principles. Its focus on equity, transparency, trauma informed practice, and Student choice supports mental health while recognizing broader system challenges. With continued monitoring and engagement, the policy serves as an important tool for promoting safety, well-being, and support for Students affected by SGBV.
18. Related University Policies and Procedures
18.1. Ministry of Training, Colleges and Universities Act, R.S.O. 1990, c. M.19 [2]
18.2. Occupational Health and Safety Act, R.S.O. 1990, c. O.1 [3]
18.3. Ontario Human Rights Code, R.S.O. 1990 [4]
18.4. Acceptable Use Policy [5]
18.5. Alcoholic Beverages Policy [6]
18.6. Anti-Hazing Protocol [7]
18.7. Athletics Code of Conduct [8]
18.8. Community Standards Protocol [9]
18.9. Controversial Student Events Protocol [10]
18.10. Employee Group Agreements [11]
18.11. Policy on Establishing the University Hearing Board [12]
18.12. Protocol for Responding to Students at Risk [13]
18.13. Residence Community Living Standards [14]
18.14. Student Rights & Responsibilities Policy [15]
18.15. University of Guelph Human Rights Policy and Procedures [16]
18.16. Workplace Harassment Prevention Policy [17]
18.17. Workplace Violence Prevention Policy [18]
Appendix A: Non-Adjudicative Resolution: Possible Outcomes and Remedies
The outcomes listed below are examples only. Not all outcomes will be appropriate in every case. Outcomes are developed case-by-case, based on the needs of the Person Who Has Experienced SGBV, safety considerations, and the circumstances of the report. All outcomes must be voluntary, mutually agreed upon, and approved by the University where required.
| Outcome / Remedy Category | Description | Who It May Apply To |
|---|---|---|
| Restricted Communication and Contact | Agreement that one or both parties will not communicate or interact, directly or indirectly, including in person or through electronic or third-party means. | Respondent and/or Complainant |
| Restricted Access | Limits on attendance at specific locations, events, classes, workspaces, or activities to support safety and reduce harm. | Respondent |
| Academic or Workplace Adjustments | Temporary or ongoing adjustments such as modified schedules, alternate supervision, deadline flexibility, remote participation, or reassignment of duties (where appropriate). | Complainant and/or Respondent |
| Housing or Workspace Adjustments | Changes to residence, office, lab, or shared space arrangements to prevent unwanted contact or reduce harm. | Complainant and/or Respondent |
| Education and Training | Participation in education related to consent, sexual violence, respectful relationships, boundaries, or professional conduct. | Respondent |
| Coaching or Counselling | Participation in counselling, coaching, or support services to promote accountability, learning, and behaviour change. | Respondent |
| Acknowledgement of Harm | A written or verbal acknowledgement of the impact of the conduct, where requested by the Person Who Experienced SGBV and appropriate in the circumstances. | Respondent |
| Behavioural Agreement | A documented agreement outlining clear expectations for future conduct and boundaries within the University community. | Respondent |
| Priority Access or Scheduling | Priority consideration for course registration, academic activities, work scheduling, or other institutional processes to mitigate impact on the Person Who Experienced SGBV | Complainant |
| Restorative or Transformative Outcomes | Outcomes developed through restorative or transformative justice-informed processes that focus on understanding harm, accountability, and preventing future harm. | Complainant, Respondent, and others as appropriate |
| Other Mutually Agreed Outcomes | Additional outcomes tailored to the specific circumstances, provided they are lawful, within University authority, and consistent with policy. | As applicable |
Important Notes
- Outcomes under a Non-Adjudicative Resolution Process do not constitute disciplinary findings or sanctions.
- Agreements must be documented in writing and signed by the parties.
- The University may share the agreement with relevant offices only as necessary to implement the outcomes.
- Failure to comply with an agreed-upon outcome may result in the matter being addressed through formal investigation, student conduct, or employee disciplinary processes, as applicable.