1 The Case for Restorative Justice (RJ) in Post-Secondary Institutions as a Viable Response to Incidences of Sexual Violence and Misconduct (SVM) Literature Review Jennifer Jordan Humanitarian Studies, Royal Roads University HUMS 551: Foundations of Research Dr. Robert Hanlon August 9, 2020 2 Restorative Justice (RJ) in Post-Secondary Institutions as a Viable Response to Incidences of Sexual Violence and Misconduct (SVM) List of Acronyms: ADR – Alternative Dispute Resolution EVA-BC – Ending Violence Association of BC KPU – Kwantlen Polytechnic University MAEST – Ministry of Advanced Education Skills and Training PSIs – post-secondary institutions RJ – restorative justice SVM – sexual violence and misconduct 3 On May 19, 2016, the Government of British Columbia passed the Sexual Violence and Misconduct Policy Act in an effort to make campuses safer and more responsive to the needs of victims/survivors of sexualized violence and sexual misconduct. The Act requires BC PSIs to establish, implement and make publicly available a policy, with associated procedures, that addresses its prevention, and responses to sexual misconduct (Government of British Columbia, 2016). Post-secondary institutions (PSI)s were tasked with developing and implementing a stand-alone policy and associated procedures to address Sexual Violence and Misconduct (SVM). Although institutional autonomy was respected, both MAEST and EVA-BC developed guidelines for Institutions to follow. The Ministry guidelines were more prescriptive, indicating what needed to be addressed in such a policy and provided sample definitions and elements to consider for inclusion. In discussing institutional response to SVM, RJ is not mentioned (Ministry of Advanced Education, 2017). On the other hand, EVA-BC actively discouraged the use of RJ in their guidelines: “We strongly discourage the use of restorative justice processes, including mediation, in lieu of sanctions in cases of sexual violence, as sexual assault is a power-based crime (that is, a crime where there is an imbalance of power, or an abuse of power by the perpetrator, and the victim/survivor feels powerless to stop it and/or come forward). In these cases, it has been argued that restorative justice processes may be used by perpetrators to manipulate and maintain their power over victims/survivors, and thus the application of these processes to gender-based violence remains controversial 4 (Randall, 2013). If the victim/survivor specifically requests a restorative justice process, great care should be taken to identify community-based sexual assault experts and restorative justice experts who deal with sexual assault cases, as expertise in both restorative justice and sexual assault will be critical for this process to be empowering for the victim/survivor. Managing restorative justice processes in cases of sexual violence should not be promoted or taken on by the institution alone but in partnership with community-based anti-violence workers” (Ending Violence Association of BC, 2016, p.37). As such, the author speculated whether PSIs SVM policies and related procedures mentioned RJ as an option and if not, the lack of mention from MAEST and the discouragement by EVA-BC may have contributed to this outcome. Despite this admonishment by EVA-BC, there is growing interest in whether RJ may be an effective response to complaints of SVM, driven in part by victims / survivors themselves asking for this to be an option. There is a prominent Canadian example of RJ being used to address a case of sexual misconduct at Dalhousie in 2014 and despite intense public scrutiny and pressure, it was the victims that held firm in their desire for RJ to be employed to address the situation (Llewellyn, Mackay & MacIsaac, 2015). The Campus PRISM Project which stands for Promoting Restorative Initiatives for Sexual Misconduct is a report and ongoing project to make space for exploring RJ as a viable response to sexual violence and misconduct on post-secondary campuses. The authors Karp, Shackford-Bradley, Wilson and Williamsen (2016) stated that “the goals of a campus 5 adjudication process—utilizing fundamentally fair and unbiased approaches to determine what happened, whether what happened entailed a policy violation, and if so, what outcome should be assigned—can be incompatible with the needs of survivors” (p. 8). Additionally, proponents of RJ are not advocating that RJ be the only response; rather, that it is an option that makes up a suite of potential ways to respond to SVM (Karp, 2015; Karp et al., 2016). Finally, there is a small but growing body of research recommending RJ as a viable option (Barone, 2018; Boutilier & Wells, 2018; Karp et al., 2016; Llewellyn, Mackay & MacIsaac, 2015; Martin, 2018; Zinsstag, Keenan, Mercer & Madsen, 2018). A literature review was conducted to explore the hypothesis that principles of RJ can serve as effective tools in responding to incidences of sexual misconduct in post-secondary institutions. This review starts with a theoretical overview of RJ and its role in PSIs. Next, the limitations of RJ are discussed and the results of the author’s scan of 23 PSIs are outlined to determine how explicit PSIs are in mentioning RJ as an option. Finally, a case is made for employing RJ in PSIs as an option for addressing incidences of SVM. My research informed two broad recommendations: 1. That PSIs include language about RJ in their SVM policies and procedures in order to be explicit that this is an option victims-survivors can choose. 2. That PSIs be prepared to provide RJ processes that indirectly involve or not even involve the person responsible. RJ options such as indirect dialogue, exchange of letters / videos, or employing a surrogate stand-in for a direct dialogue approach may widen the range of methods available to allow PSIs to be more responsive to the needs of victims-survivors. Methodology 6 A scan was conducted of the SVM policies and procedures of 23 PSIs in BC to discover the following: 1. Is the PSI’s SVM policy and related procedures in one document? 2. Does the PSI have a separate policy and a separate procedures document? 3. Are complaints about students addressed under the SVM policy and related procedures or under another policy or policies and their related procedures? 4. Is there language incorporating the word “restorative” or mention of alternative dispute resolution used in the SVM policy? 5. Is there language incorporating the word “restorative” or mention of alternative dispute resolution used in the SVM procedures? The 25 PSIs available to be scanned are listed in Appendix A. Two institutions (indicated in both appendices A&B) were excluded from the scan; one because it is not commonly associated with the other public PSIs listed and the other because their SVM policy and procedures were not readily accessible online. The answers to the five questions are noted in Appendix B. Further research should include a policy and procedures scan of the intersecting policies for handling a complaint to see if, at a minimum, alternative dispute resolution is mentioned and/or if language using the word “restorative” is used as an option for resolving the complaint. The purpose of the proposed study is to conduct an exploratory survey to ascertain if any PSIs have used RJ to address incidents of SVM since the implementation of their SVM policies and procedures, regardless of whether their policies have RJ (or “restorative” or alternative dispute resolution) explicitly mentioned. These open-ended survey questions (see Appendix C) will be emailed to the Administrator responsible for handling complaints under their Institution’s SVM policy. A qualitative research method was chosen to elicit more comprehensive data on 7 whether any RJ practices have been employed since these policies have been implemented, in what types of scenarios and to what effect. It is expected that further research questions could be developed after this initial survey. Literature Review The Role of RJ in PSIs In exploring whether RJ principles would be effective in addressing incidents of SVM, a working definition of RJ is needed. Zehr (2015) stated that RJ is “an approach to achieving justice that involves, to the extent possible, those who have a stake in a specific offence or harm to collectively identify and address harms, needs, and obligations in order to heal and put things as right as possible” (p. 48). Zehr proposed the three pillars of RJ to be: 1. About the harm caused and the needs of the victim – a victim-oriented approach, 2. The harm(s) caused result in obligations by the person responsible; and, 3. It encouragers stakeholder engagement – the stakeholders being the victim, the person responsible and community members. From these three pillars stem five principles of RJ, practiced with an attitude of respect for all: “1. Putting right wrongs and harms; 2. Focusing on harms and needs; 3. Addressing obligations; 4. Involving stakeholders; and, 5. Using collaborative processes” (Zehr, 2015, p. 44). Outside of the criminal justice system, schools have been adopters of restorative approaches to misconduct. Zehr stated that “schools have become an important area of restorative practices” (p. 54). Goldblum stated that she “enjoyed codeveloping one of the first university RJ programs in the late 1990s at the University of Colorado at Boulder” (p. 141); which indicates RJ has been employed to various degrees in PSIs since then. 8 RJ is not new to PSIs; however, using it to address SVM is. The principles of RJ theoretically should make this a viable option. At its heart, RJ is about relationships and because many incidents of SVM have a relational aspect to them, this may be a more satisfying alternative to offer victim-survivors. Furthermore, SVM policies are grounded in a victimcentered, trauma-informed approach (Ending Violence Association of BC, 2016, pp. 23-23). This approach aligns nicely with the pillars and principles of RJ. Finally, the RJ pillar of engagement promotes involvement of the community and ultimately PSI’s are a community. As posited by Llewellyn, Mackay and MacIsaac “punitive measures such as expulsion do not change attitudes or positively influence future behaviour, nor do they address underlying systemic problems” (p. 13). Karp (2015) stated that “college campuses are using restorative practices to respond to larger social justice issues such as sexual misconduct, abuses of power and privilege, and bias incidents” (p. 52). Therefore, the very nature of SVM may make it more conducive to be effectively addressed using RJ principles. Limitations of RJ There are limits to an RJ approach. According to Karp (2015), RJ doesn’t always work and that is why it is recommended to compliment, not replace, other approaches. Also, RJ may not be appropriate for very serious SVM cases and conversely, RJ is very time-intensive and may not be the best use of resources for minor SVM cases (Goldblum, 2009, p. 149). Further, it is commonly agreed that in order for RJ to be successful, the person responsible must accept responsibility (Busby & Birenbaum, 2020, p. 106; Goldblum, 2009, p. 142; Karp, 2015, p. 11). Another limitation to RJ then, according to Busby and Birenbaum (2020), is that there is “a serious disincentive to respondent participation… they cannot be promised that admissions made in the course of an alternative process will never be used against the in any other legal process, 9 and in particular, will not be ordered produced to the Crown in any parallel or subsequent criminal proceeding” (p. 104). As such the person responsible may be willing to take responsibility and even participate in an RJ process but choose not to as a defensive measure in any current or potential future litigation. When might RJ be most applicable? Goldblum (2009) posited that RJ in post-secondary may more effectively address “normative violations”, when community standards or social justice norms have been violated and there has been an impact to the community (p. 149). The guideline to be “cautious about the use of restorative justice processes, including mediation” (Ending Violence Association of BC, 2016, p. 8) may be addressed by PSIs being more explicit about the difference between mediation and RJ. Criticism of using mediation in particular in response to SVM include concerns of leniency for the offenders, perceptions that this is condoning and perpetuating systemic violence, and because sexual violence often is about power, such processes can be manipulated by the perpetrator to further victimize the individual that has come forward. There is a growing understanding that RJ is different than mediation. Although RJ and mediation share some features, there are also important distinctions that may overrule the concerns expressed about mediation (Karp et al., 2016, p. 29). Barone (2018) explained “mediation and restorative justice can often be confused as being the same approach. They both require trained facilitator(s) and share similar terminology. However, there are key differences. RJ requires the responsible person (RP) to take ownership of their harm causing actions ahead of the process, while mediation does not” (p. 6). To help foster this change in perception, PSIs should be explicit about what RJ is and what it is not. 10 Are PSIs Explicit that RJ is an Option? In conducting a scan of 23 PSIs SVM policy and procedures (see Appendix B), 9 linked to student conduct or other policies for the handling of formal complaints about students. As such, further research is required to review those institutions’ other policies to see if RJ or at least ADR is an option in those policies. Looking specifically at KPU as an example, the formal adjudication of an SVM complaint when a student is the Respondent is handled under the Student Conduct (Non-Academic) policy ST7 which has a section that talks about ADR. This allows for the flexibility to offer RJ options as part of the institutional response to SVM even though RJ is not specifically mentioned in either policy. Of the 9 institutions that linked to other policies, two of them (Langara and NVIT) mentioned “alternative resolution” and “restorative processes” in their SVM policy/procedures. For those 14 institutions where their sexual violence and misconduct policies do address how formal complaints about students will be addressed, 5 mentioned “alternative resolution” or “restorative justice”. That is a total of 7 institutions who explicitly state some form of restorative option in their SVM policy and/or procedures. Interestingly, Busby & Birenbaum (2018) asserted that “most if not all sexual violence policies already have provisions that allow alternative processes to be used to resolve sexual violence complaints outside of an investigation stream, that is, before a formal complaint has been filed or as a side process following a formal complaint” (p. 105). The few examples they cited were institutions from provinces other than British Columbia. An alternative explanation for their assertion that appears to contradict this literature review is my use of a narrower search category; i.e., expecting RJ to be mentioned explicitly in the SVM policy. It is important to note that SVM reports are often handled without conducting a formal investigation and RJ may be employed at this informal stage. Alternatively, or perhaps concurrently, as in the KPU example, 11 RJ may be an option under another policy. Therefore, it is unclear how many BC PSIs are using restorative measures to handle incidences of misconduct, regardless of whether their policies/procedures allow for it, which is why the qualitative exploratory survey proposed is needed. Based on the results of that survey, if it is found that restorative options are being employed, I would argue that PSIs could address some of the limitations of RJ and be more transparent about whether this is a viable option for victim-survivors by explicitly mentioning RJ in their SVM policies and procedures. The Case for RJ Proponents of RJ stress the opportunity it may provide to address relational dilemmas, allow victim-survivors to reclaim their voice and transform their experience of shame (Zinsstag et al., 2018). There are books, guides and reports detailing various RJ options, including template curriculum and scripts for processes such as: restorative conferences, circles (of varying types), CoSAs (Circles of Support and Accountability) and accountability boards (Goldblum, 2009; Karp, 2015; Karp et al., 2016; Zehr, 2015). Busby and Birenbaum (2020) provide wording examples of alternative processes for inclusion in sexual violence and misconduct policies. Case study examples can be found in the Campus PRISM Project Report and the Report from the Restorative Justice Process at the Dalhousie University Faculty of Dentistry (Karp et al., 2016; Llewellyn et al., 2015). The Campus PRISM Report also provides recommended next steps for institutions interested in incorporating a restorative approach (Karp et al., 2016). Zinstaag et al. (2018) created a Guide “on how to engage with the parties to RJ in SV cases safely and in a manner that meets the psychological and emotional needs of all, most especially of the victims and offenders” (p. 12). This recent and relevant information of RJ specific to SVM is laying the foundation for more to come. Recent research has proposed recommendations such as: 12 1. PSIs offer an alternative dispute resolution process for SVM in the form of RJ by partnering with a community restorative justice centre (Barone, 2018). This recommendation aligns with EVA-BC where they urged PSIs not to undertake restorative justice processes in cases of SVM alone; but rather in partnership with community-based anti-violence workers” (Ending Violence Association of BC, 2016, p.37). 2. Build interest and acceptance of RJ in PSIs for handling incidences of SVM by engaging with community partners and involving them in training facilitators and creating opportunities for their participation in RJ processes. PSIs to develop context specific RJ options (Martin, 2018). 3. Boutilier and Wells (2018) go even further, using language of “reparative and transformative justice” and calling for government funding to develop, in part, a reparative and transformative justice response to sexual violence in the postsecondary context. Current academic literature outlines several potential benefits of restorative practices for victim-survivors of sexualized violence namely their capacity to provide opportunities for choice and empowerment, to provide victim-survivors the opportunity to share what happened in their own voices, to flexibly respond to their self-determined needs and finally to have their experiences recognized without dispute of fact (Martin, 2018, p. 39). These findings and recommendations support my hypothesis that principles of RJ may serve as effective tools in responding to incidences of sexual misconduct in post-secondary institutions. 13 Recommendations Building on this, the study’s fundings propose that: 1. PSIs include language about RJ in their SVM policies and procedures in order to be explicit that this is an option victims-survivors can choose. 2. PSIs be prepared to provide RJ processes that indirectly involve or not even involve the person responsible. RJ options such as indirect dialogue, exchange of letters / videos, or employing a surrogate stand-in for a direct dialogue approach may widen the range of methods available to allow PSIs to be more responsive to the needs of victims-survivors. Language is important. Informal resolution is not equivalent terminology to ADR as there is no formal accountability tied to informal resolution. With ADR, should the Respondent not uphold their obligations, disciplinary measures may then be applied. Even if ADR is mentioned, I propose it is important to provide specific examples of what falls under this overarching category and whether this includes RJ or restorative options. The reason being that mediation is a form of ADR and criticisms indicate that mediation is not considered an effective response whereas the accountability tied to RJ may make it effective. Using specific terminology that more accurately reflects there is accountability within an ADR process not only aids in legitimizing such an approach; being explicit is transparent about providing more options which may be empowering for victims-survivors. Another consideration that informs the second recommendation is that according to Martin (2018): 14 “In some cases, processes that involve both the victim and offender are not possible; for example, if the offender will not accept responsibility, there are safety concerns that cannot be sufficiently addressed, or if one party is no longer living. However, the absence of a direct encounter does not preclude a restorative response. Restorative processes are possible and even beneficial in cases where only one party is able to participate [Walker, 2013, p. 35]. Walker (2013) refers to these as “partially restorative processes”, (p. 36), which is aligned with Zehr’s (2002) continuum of restorative responses [p. 55] (Martin, 2018, p. 34).” In PSIs there are instances where a student may make a complaint about SVM but the person responsible is not a community member of that institution so there is no jurisdiction in which to hold that person accountable. According to policy, the institution still has a duty to support the Complainant and it is very forward-thinking to consider how RJ may still be an option in such cases. Conclusion SVM is a serious societal issue and PSIs are not immune. Results from the 2014 General Social Survey on Canadians’ Safety show that students, and especially women who were students, reported relatively high rates of sexual assault. Overall, approximately 261,000 incidents of sexual assault—41% of all incidents—were reported by students. This represented a rate of 73 incidents of sexual assault per 1,000 population” (Statistics Canada, 2014). The seriousness of this issue led to legislation being enacted in BC, and according to the Guide that accompanied the legislation, “with the aim of making campuses safer and more responsive to the needs of victims/survivors” (Ministry of Advanced Education, 2017, p. 4). The Ending Violence Association of BC (2016) stated “the challenge for institutions, in developing and implementing 15 sexual violence policies and protocols, is in balancing the rights of victims/survivors, the rights of the accused to due process and privacy, and the safety of the campus community as a whole” (p. 13). The question my research poses is whether PSIs could be doing more to be responsive to the needs of victims-survivors and to the campus community as a whole. I would suggest that this is the case and propose that by explicitly incorporating RJ as an option for handling incidences of SVM in the SVM policy and procedures, PSIs would be signaling an important message to victims-survivors and the campus community that RJ is a viable option. Further research should be conducted to determine if RJ is an option in PSIs that link to another policy to handle complaints about students where a student is the Respondent. My proposed study will provide clarity around whether RJ is being practiced even if not explicitly named as an option in policy and to what effect. Finally, a bold, new direction would be to conduct research into if, where and how, restorative practices are being carried out that only involve the victim-survivor’s participation and to what effect the victim-survivor finds this a satisfying process to engage in. 16 References Barone, A. C. (2018). An alternative response: Developing restorative justice for sexual violence on BC university campuses [Capstone, The University of Western Ontario]. https://summit.sfu.ca/item/17932. Boutilier, S. & Wells, L. (2018). The case for reparative and transformative justice approaches to sexual violence in Canada: A proposal to pilot and test new approaches. Calgary, AB: The University of Calgary, Shift: The Project to End Domestic Violence. https://prism.ucalgary.ca/handle/1880/109349 Busby, K. & Birenbaum, J. (2020). Chapter 6: Alternative or parallel process. In Achieving fairness: A guide to campus sexual violence complaints (pp. 103-108). Thomson Reuters Canada Limited. Ending Violence Association BC. (2016). Campus sexual violence: Guidelines for a Comprehensive response. Vancouver, BC: Ending Violence Association of BC https://endingviolence.org/wpcontent/uploads/2016/05/EVABC_CampusSexualViolenceGuidelines_vF.pdf Goldblum, A. (2009). Chapter 9: Restorative justice from theory to practice. In Schrage, J. M. & Giacomini, N. G. (Eds.), Reframing campus conflict: Student conduct practice through a social justice lens (pp. 140-154). Stylus Publishing, LLC. Karp, D. R. (2015). The little book of restorative justice for colleges and universities: Repairing harm and rebuilding trust in response to student misconduct. Good Books. Karp, D., Shackford-Bradley, J., Wilson, R., & Williamsen, K. (2016). Campus PRISM: A report on promoting initiatives for sexual misconduct on college campuses. https://www.researchgate.net/publication/299861268_Campus_PRISM_A_report_on_pro 17 moting_restorative_initiatives_for_sexual_misconduct_on_college_campuses/link/57067 36b08ae0f37fee1de02/download Kwantlen Polytechnic University Bylaws and Policies. (n.d.). Policy SR14 Sexual Violence and Misconduct / Procedures. https://www.kpu.ca/sites/default/files/Policies/SR14%20Sexual%20Violence%20and%20 Misconduct%20Procedure.pdf Kwantlen Polytechnic University Bylaws and Policies. (n.d.). Policy ST7 Student Conduct (Non Academic) / Procedures. https://www.kpu.ca/sites/default/files/Policies/ST7%20Student%20Conduct%20Non%20 Academic%20Procedure.pdf Llewellyn, J.J., MacKay, M. & MacIsaac, J. (2015). Report from the restorative justice process at the Dalhousie University Faculty of Dentistry. http://works.bepress.com/jenniferllewellyn/23/ Martin, L. (2018). A shifting position: Responding restoratively to sexualized violence at postsecondary institutions in Waterloo Region [Master’s project, University of Victoria]. The UVIC Digital Archive. https://dspace.library.uvic.ca/bitstream/handle/1828/10399/Martin_Leah_MA_2018.pdf? sequence=1&isAllowed=y Ministry of Advanced Education. (2017). Preventing and responding to sexual violence and misconduct at British Columbia post-secondary institutions: A guide for developing policies and actions. https://www2.gov.bc.ca/assets/gov/education/post-secondaryeducation/institution-resourcesadministration/5233_sexual_violence_and_misconduct_policy_guidelines_web.pdf. 18 Statistics Canada. (2014). Self-reported sexual assault in Canada, 2014. https://www150.statcan.gc.ca/n1/pub/85-002-x/2017001/article/14842-eng.htm Victoria: Government of British Columbia. (2016). Sexual violence and misconduct policy act. https://www.bclaws.ca/civix/document/id/complete/statreg/16023_01 Zehr, H. (2015). The little book of restorative justice. Good Books. Zinsstag, E., Keenan, M., Mercer, V. & Madsen, K. (2018). Doing restorative justice in cases of sexual violence: A practice guide. https://www.law.kuleuven.be/linc/english/research/RJ_sexual_violence_practice_guide_ Sept2015.pdf 19 Appendix A “The Sexual Violence and Misconduct Policy Act requires all B.C. public post-secondary institutions in B.C. to have a sexual violence and misconduct policy.” The Ministry of Advanced Education, Skills and Training (MAEST) created a website where all the SVM policies would be located in one place to make them more accessible, available at: https://www2.gov.bc.ca/gov/content/safe-campuses-bc/get-informed. British Columbia Institute of Technology Capilano University Camosun College Coast Mountain College – excluded from review College of New Caledonia College of the Rockies Douglas College – excluded from review Emily Carr University of Art and Design Justice Institute of British Columbia Kwantlen Polytechnic University Langara College North Island College Northern Lights College Nicola Valley Institute of Technology Okanagan College Royal Roads University Selkirk College Simon Fraser University Thompson Rivers University University of British Columbia University of the Fraser Valley University of Northern British Columbia University of Victoria Vancouver Community College Vancouver Island University 20 Appendix B Chart 1 Post-Secondary Institution SVM Policy and Procedures Scan: Review whether language such as restorative justice (RJ) or restorative principles/options/approaches/engagement or alternative dispute resolution is used specifically in either the policy or procedures. Institution SVM Policy and Procedures in one document? Is there a separate SVM Policy Document and a separate SVM Procedures document? Complaints about students handled under another policy and related procedures? British Columbia Institute of Technology (BCIT) Capilano University No Yes Yes – to 3 other policies Language incorporating the word “restorative” or mention of alternative dispute resolution used in SVM Policy? No No – the SVM No procedures handle complaints Camosun Yes No No – the SVM No College policy & procedures handle complaints Coast Mountain College – excluded from review College of No Yes No – the SVM No New procedures Caledonia handle (CNC) complaints College of Yes No No – the SVM No the Rockies policy & procedures handle complaints Douglas College – excluded from review as SVM policy not readily available No Yes Language incorporating the word “restorative” or mention of alternative dispute resolution used in SVM Procedures? No No N/A (as policy and procedures are 1 document) No N/A (as policy and procedures are 1 document) 21 No – the SVM procedures handle complaints No No No Yes *Note there is one overarching policy and then separate procedures documents for students and for employees and nonstudents. Yes No – the SVM procedures handle complaints No Kwantlen Polytechnic University (KPU) No Yes No Langara College No Yes *Note there is one overarching policy and then separate procedures documents for students and for employees and nonstudents. Yes – to the Student (NonAcademic) Misconduct policy Yes – to the Student Conduct policy No *Note, the procedures identify informal resolution but this is not an equivalent term to alternative dispute resolution. No Emily Carr University of Art and Design No Justice Institute of BC (JIBC) No Yes – an option of “alternate resolution process” is noted in the procedures. 22 Nicola Valley Institute of Technology (NVIT) Yes No Yes – to the Human Rights policy North Island College (NIC) Yes No N/A (as policy and procedures are 1 document) Northern Lights College (NLC) Yes No Okanagan College Yes No Royal Roads University (RRU) No No – the SVM policy & procedures handle complaints No – the SVM policy & procedures handle complaints Yes – to the No discrimination, bullying and harassment policy. No – the SVM No procedures handle complaints Selkirk College Yes No Simon Fraser University (SFU) Yes Yes *Note there is one overarching policy and then separate procedures documents for students and for employees and nonstudents. No Yes – to the Student Conduct policy No Yes – to the Student Conduct policy N/A (as policy and procedures are 1 document) N/A (as policy and procedures are 1 document) Yes. Students have the option of “seeking restorative processes”. Yes. Students have the option of “alternate resolution”. No No N/A (as policy and procedures are 1 document) N/A (as policy and procedures are 1 document) N/A (as policy and procedures are 1 document) Yes alternative resolution as opposed to the completion of an investigation and decisionmaking process is an option. 23 Thompson Rivers University (TRU) Yes No University of British Columbia (UBC) Yes No University of the Fraser Valley (UFV) University of Northern British Columbia (UNBC) University of Victoria (UVIC) Yes No No Yes No Yes – 3 separate procedures documents No – the SVM policy & procedures handle complaints No – the SVM policy & procedures handle complaints Yes – to the Safe Student Learning Community Policy No – the SVM procedures handle complaints No N/A (as policy and procedures are 1 document) Yes – an alternative resolution process is an option No N/A (as policy and procedures are 1 document) No No No – SVM procedures documents handle complaints No Yes, in the procedures document called “Sexualized Violence – Investigation, Adjudication, and Appeal Procedures for Students”. It’s called a “community accountability agreement process” N/A (as policy and procedures are 1 document) “A community accountability agreement process may include but is not limited to: restorative justice, etc. 24 Vancouver Community College (VCC) Vancouver Island University (VIU) No Yes No Yes No – the SVM procedures handle complaints Yes – to the Student Conduct Code No No No Yes – the Investigation Manager may, on their own initiative or at the request of the Complainant or the Respondent, explore resolution through alternate dispute resolution. This process may occur before, during, or after an Investigation 25 Appendix C Proposed Exploratory Survey Questions To be emailed to all the institutions listed in Appendix A with a cover sheet providing the Definitions outlined in Appendix C. Q.1 Based on the definitions provided, has your institution utilized one of those methods to address an incident of sexual violence and misconduct perpetrated by a student? Please answer Yes or No. Follow-up questions if answered “no” or “yes”: Q.2 a If the answer to Q.1 was “no”, would your institution consider doing this in future? Please answer Yes or No and in the space provided indicate why or why not. Q.2b If the answer to Q.1 was “yes”, by the definitions provided, what approach(es) did you take? Further follow-up questions if answered “yes”: Q.3 If the answer to Q.1 was “yes”, please indicate what types of incidents were handled this way. Q.4 Who facilitated the process? Q.5 Did you conduct an evaluation of the process afterwards? Please answer Yes or No, Q.6 If the answer to Q.5 was “yes”, by what means did you evaluate? Please explain. 26 Q.7 Based on your experience, would your institution continue utilizing these methods where appropriate? Please answer Yes or No and in the space provided indicate why or why not.