Sexual Harassment

We believe that every person is made in the image of God and regardless of gender or age is entitled to equal dignity, respect and bodily integrity. As Christians and as spiritual journeyers, our relationships involve physical, emotional and spiritual expression based on loving commitment to God and other persons. God calls each of us to wholeness and to participate in the community of faith whose central quality is redemptive love.

Sexual harassment is a complex issue involving men and women, their perceptions and behaviour, and the social norms of the society. Sexual harassment is not confined to any one level, class, sexual orientation or profession. Sexual harassment may be an expression of power or desire or both. Whenever it occurs, sexual harassment is an attempt to assert power over another person.

We believe that the Student Christian Movement of Canada should not tolerate any behaviour by any of its membership or staff which constitutes sexual harassment. The SCM is committed to providing a harassment free environment for worship, work and study. Complaints of sexual harassment will be taken seriously and dealt with in a spirit of compassion and justice.

SCM Sexual Harassment Policy

Adopted August 2000, by the National Council of SCM Canada

1. The Board of the Student Christian Movement of Canada will be responsible for seeing that the Sexual Harrassment Policy and Procedure is implemented.

2. National Staff (Coordinator and Office Administrator) will receive training in recognizing and dealing with Sexual Harrassment.

3. The National Coordinator will be responsible for ensuring that local units are aware of and implement the SCMCanada policy and procedure on sexual harrassment and that the local units know who the appointed advisors are.

4. Students will receive training in recognizing and dealing with sexual harrassment at each National Council.

5. At the beginning of each annual term, the Board of the Student Christian Movement of Canada will receive training in recognizing and dealing with sexual harrassment according to the SCM Canada policy and procedure on sexual harrassment.

6. Each local unit will receive a copy of the National SCM Sexual Harrassment Policy and Procedure and the Policy, Procedure and Protocol will be posted on the SCM Web Page.

7. Complaints about alleged incidents of sexual harrassment during national programs will be investigated by the Advisors as outlined in Appendix A according to SCM Canada Sexual Harrassment Policy and Procedure.

SCM Sexual Harassment Support Person: Rick Garland 1-800-268-3781 ext. 4027 (Program Coordinator, Youth and Young Adults, The United Church of Canada)

8. Complaints about alleged incidents of sexual harrassments at local units will be dealt with by the local unit, and, as soon as a complaint occurs, the local unit shall:

a. Inform the National Office of the alleged incident.
b. Inform the University Sexual Harrassment Office of the alleged incident. Follow
procedures of the University Sexual Harrassment Office.
c. Keep the National Office informed of the situation regarding the complaint.

9 Appendix A fully outlines the details of the Sexual Harrassment Policy.

APPENDIX A: POLICY AND PROTOCOLS REGARDING SEXUAL HARASSMENT

Student Christian Movement of Canada
November 2000

Policy Statement

The SCM encourages reporting of all incidents of sexual harassment, whoever the offender may be.

Notwithstanding the existence of this policy, every person continues to have the right to seek assistance from the provincial legal/human rights systems, even when steps are being taken under this policy

DEFINITIONS

a) Sexual Harassment

i) Sexual harassment shall refer to any attempt to coerce an unwilling person into a sexual relationship, or to subject a person to persistent unwanted sexual attention, or to punish a refusal to comply, or to reward compliance.
ii) Sexual harassment must be understood as an exploitation of a power relationship, rather than as an exclusively sexual issue.
iii) Sexual harassment may involve a wide range of behaviours from verbal innuendo and subtle suggestions to overt demands and unwanted inappropriate physical contacts of a sexual nature. It may be an incident or a series of incidents. It is behaviour of a sexual nature that is known or ought reasonably to be known as behaviour that is unwanted or unwelcome.
iv) Sexual harassment includes actions which contribute to an environment that is “poisoned” by suggestive pictures or cartoons. Sexual harassment is prohibited by federal and provincial law.

b) Sexual Assault

i) “Assault” means any intentional use of force or threat of use of force against another person without his or her consent. The law does not specifically define the term “sexual assault”. It is however any form of assault involving some form of sexual activity. Kissing, sexual contacts, fondling, or sexual intercourse with another without his/her consent is simple sexual assault. (The judge or jury decides whether in a particular case there was sexual assault.)
ii) There is also the category of “aggravated sexual assault” which includes bodily harm, assault with a weapon, threats, threats to a third party.
iii) Other categories of sexual assault include intercourse with a female under age 14, intercourse with a female age 14 – 16, incest, bestiality and gross indecency.
iv) Further sexual offenses against children include: sexual interference, invitation to touching, sexual exploitation of a young person, parent or guardian procuring sexual activity of a child, exposing genitals to a child, vagrancy, juvenile prostitution, corrupting children, indecent acts. (Canada’s Law on Child Sexual Abuse – a Handbook)

NOTE: Consent is understood as non – coercive. If a victim agrees to any assault under threat, or if consent is obtained by fraud or by the influence of a person in authority over the victim, it will be deemed to be no consent. An accused may show “honest belief” of consent and may not be convicted. However, it is always no consent for children under age 12; under specific circumstances with peers for children age 12 – 14, and with young persons age 14 – 18, consent is not valid if the accused was in a position of authority over them. Also there are further provisions for mentally or otherwise incapacitated or vulnerable children, adolescents and adults.
(Criminal Code of Canada, Bill C – 127, 1983 and Bill C – 15, 1988)

Principles and Assumptions Related to Harassment

A person who considers she or he has been subjected to sexual harassment (or retaliation for having brought forward a complaint of sexual harassment) is encouraged to bring the matter to the attention of the person responsible for the conduct. For convenience a person who considers that she or he has been subjected to sexual harassment (or retaliation for having brought forward a complaint of sexual harassment) is hereinafter referred to as the “complainant” even though that individual may not lay a formal written complaint. In the same way, the person alleged to be responsible for the conduct is hereinafter referred to as the “respondent.”

a) Sexual harassment is unacceptable within the Student Christian Movement and will not be tolerated at its meetings or among its employees and membership.
b) All complaints of sexual harassment need to be taken seriously.
c) The intent of these policies and procedures is to stop the violations of personhood resulting from sexual harassment and to attempt to heal the personal and corporate frailty that we share with all humanity.
d) All policies and procedures need to minimize further distress for the complainant.
e) Confidentiality of the complainant as well as the respondent must be assured.
f) Each stage in dealing with a case of harassment should involve as few people as possible.
g) Everyone dealing with a case should be familiar with the issues involved in sexual harassment.
h) At any stage, the complainant has the right to decide not to proceed with the case.
i) Every effort should be made to stop the harassment without Formal Hearing procedures.

Responsibilities

The Board of Directors of the SCM of Canada is responsible for:

a) discouraging and preventing sexual harassment; this is a continuing responsibility, whether or not formal written complaints of sexual harassment have been brought to its attention;
b) investigating every formal written complaint of sexual harassment;
c) imposing strict disciplinary measures, when a complaint of sexual harassment is found to have been substantiated, regardless of the position of the offender;
d) providing advice and support to persons who are subjected to sexual harassment;
e) formally acknowledging to a person who has been found to have been sexually harassed that sexual harassment has taken place;
f) providing support for those who have been accused or convicted of acts of sexual harassment;
g) regularly reviewing the procedures of this policy to ensure that they adequately meet the policy objectives;
h) maintaining records as required by this policy;
i) making all members and employees of the SCM aware of the problem of sexual harassment and the existence of the procedures available under this policy.

The Board of Directors will appoint at least two persons (at least half of which is women) who are, themselves, members of the SCM community (local unit members, staff, senior friends) to serve as Advisors under this policy

In carrying out their duties under this policy, Advisors will be directly responsible to the Board of Directors.

Procedure

a) Where the complainant does not wish to bring the matter directly to the attention of the respondent, or where such an approach is attempted without producing a satisfactory result the complainant should seek the advice of an Advisor.

b) The Advisor will advise the complainant of:

i) the right to lay a formal written complaint under this policy when the alleged harasser is staff or member of the SCM;
ii) the availability of support services provided by the SCM;
iii) the right to be represented by legal counsel or other person of choice at any stage of the process when the complainant is required or entitled to be present;
iv) the right to withdraw from any further action, in connection with the complaint at my stage (even though the SCM may continue to investigate the complaint);
v) other avenues of recourse such as the right to file a complaint with the provincial legal/human rights systems or, where appropriate, the right to lay an information under the Criminal Code; and
vi) any time limits which may apply to such other avenues of recourse.

c) Where the alleged harasser is staff of the SCM, there are three possible outcomes to a meeting, between a complainant and an Advisor:

i) Where the complainant and the Advisor agree that the conduct does not constitute sexual harassment:
If the complainant and the Advisor discussing the matter agree that the conduct in question does not constitute sexual harassment as defined in this policy, the Advisor will take no further action and will make no record in any file.

ii) Where the complainant brings evidence of sexual harassment but does not wish to lay a formal written complaint:
It may happen that a complainant (or a third party) brings to the attention of the Advisor facts, which constitute prima facie evidence of sexual harassment, but after discussion with the Advisor, the complainant decides not to lay a formal written complaint.

In some such cases, the complainant may not wish any further action whatsoever to be taken. In other such cases, the complainant may wish the Advisor to speak to the respondent.

Where the Advisor decides that the laying of a formal written complaint would not be appropriate, the Advisor will make no record in any file unless the Advisor decides to speak to the respondent, in which case the Advisor will keep a written record of the conversation.

iii) Where the complainant decides to lay a formal written complaint:

Prior to the laying of a formal complaint, consideration should be given as to whether a preliminary meeting among the Advisor, the complainant and the respondent might be held before a formal complaint is prepared.

If the complainant, after meeting with the Advisor, decides to lay a formal written complaint, including the situation where the Advisor is of the opinion that the conduct in question does not constitute sexual harassment as defined in this policy, the Advisor will:

A) assist the complainant to draft a formal written complaint which must be signed by the complainant;
B) give copies of the complaint, without delay, to the respondent and to the complainant, and
C) without delay, file the complaint with the SCM Board of Directors.

d) Where the Advisor gives a copy of the complaint to the respondent, the Advisor will include with the complaint a copy of this policy and a notice that the respondent has the right to be represented by legal counsel or other person of choice at any stage of the process when the respondent is required or entitled to be present. The respondent must acknowledge in writing:

i) receipt of a copy of the complaint
ii) that the respondent has been advised of the right to counsel and
iii) that the respondent will not communicate with the complainant except through the Advisor.

i) Where the complainant decides to lay a formal written complaint, the Advisor may, if the complainant consents, seek a meeting with the person against whom the complaint is laid with a view to obtaining an apology or such other resolution as will satisfy the complainant.
ii) Where, in accordance with i) above, the Advisor meets with the person against whom the complaint is laid, the Advisor will advise both parties that, even if the matter is resolved to the satisfaction of the complainant, the SCM Board of Directors is nonetheless obliged under this policy to pursue the investigation and to take whatever disciplinary action is appropriate.

f) When a formal written complaint is filed with the SCM Board of Directors, the Board will take action in accordance with the process described hereunder. In the case of an SCM employee, a copy of the complaint will be kept in a sealed envelope in the personnel file.

Formal Hearing

a) The SCM Board of Directors will appoint a formal hearing committee of three or five persons, none of whom has had any previous involvement in any way with respect to the subject matter of the hearing. At least half of the formal hearing committee shall be of the same sex as the complainant and the committee shall include both women and men.

b) The SCM Board of Directors shall name the chairperson and the secretary of the formal hearing committee and will determine the terms of reference of the committee and the financial resources available.

c) All members of the formal hearing committee shall be or become fully knowledgeable of the policies and procedures of the Student Christian Movement in relation to sexual harassment, prior to the commencement of the formal hearing.

d) The formal hearing shall be open unless the formal hearing committee decides that the hearing, or any part thereof, should be closed in cases where being open would adversely affect any person.

e) There shall be a verbatim record of the formal hearing, and the formal hearing committee shall provide such record (or a summary thereof, to which all parties agree) upon request, the costs normally to be shared equally, by the parties concerned unless the formal hearing committee rules otherwise.

f) The complainant, the respondent, and any witnesses to the hearing may appear in person or be represented by counsel or an Advisor or other support person.

g) Evidence will be given by sworn testimony and any party to the hearing or other witness giving evidence on behalf of the party may be cross-examined by the other party or by counsel for that other party.

h) The rules of evidence applicable in the jurisdiction in which the formal hearing is being held will apply to the formal hearing. The decision shall be based on the balance of probabilities (the preponderance of evidence).

I) The procedure before the formal hearing will be as follows.

(i) Evidence on behalf of the complainant, followed by cross‑examination.
(ii) Evidence on behalf of the respondent, followed by cross‑examination.
(iii) Address to the formal hearing committee by the complainant or representative of the complainant.
(iv) Address to the formal hearing committee by the respondent or representative of the respondent.
(v) Address in reply to the formal hearing committee by the complainant or representative of the complainant.

j) Members of the formal hearing committee may ask questions of anyone giving evidence before the committee.

k) After the proceedings as set out in i) and j) above have been completed, the formal hearing committee will advise the parties as to whether it will deliver its decision immediately or at some later time.

l) While the formal hearing committee will endeavour to reach consensus, it is acknowledged that this may not be possible and, in any event, a decision of the majority of the formal hearing committee will be the decision of the committee.

m) The decision of the committee will be the decision of the Board of Directors of the Student Christian Movement of Canada.

n) If the formal hearing committee decides that the complaint of sexual harassment is substantiated will then impose one or more of the following sanctions:

(i) Admonition ‑ delivered in private.
(ii) Rebuke ‑ delivered before all parties and their representatives.
(iii) Suspension in the case of a staff member; this may be with or without pay. In the case of a person who is not a staff member, this person’s participation in SCM activities will be suspended.
(iv) Termination of employment or interdiction from participation in SCM activities.

o) Any sanction imposed will be recorded in the personnel file of the respondent. Written records will be maintained for ten years unless new circumstances dictate that the files should be kept for a longer period.

p) Where the formal hearing committee decides that the complaint of sexual harassment is not proved, all records of the compliant shall be removed from the personnel file of the respondent.

q) The complainant and the respondent will be informed of the decision of the formal hearing committee and any sanctions imposed by the committee. If the complainant is not satisfied with the outcome of the formal hearing or the of sanctions imposed by the formal hearing committee, the complainant will be reminded of the continuing right to file a complaint or take other action under the laws of the jurisdiction in which the incident look place.

Conclusion

The Student Christian Movement has developed this policy because all members and staff of the SCM have the right to work in an environment free of sexual harassment. All formal written complaints received under this policy will be thoroughly investigated. Any employee found guilty of sexual harassment will be subject to appropriate disciplinary action.