Sexual Violence Policy

Definitions and Background:

Accommodations – measures that are appropriate, reasonable, and necessary to allow those affected by sexual violence to participate fully in the classes, programs and services available at the college. Examples
include: academic and workplace accommodations, academic and workplace support, training, adjusting class schedules or working situation of the individual.

Behaviour – any conduct, comment, gesture, or contact whether verbal, visual or physical.

Coercion – coercion is unreasonable and persistent pressure for sexual activity. Coercion is the use of emotional manipulation, blackmail, threats to family or friends, or the promise of rewards or special
treatment , to persuade someone to do something they do not wish to do, such as being sexual or performing particular sexual acts.

College – Cappa College of Business, Health & Technology

College Jurisdiction – the college exercises jurisdiction over conduct that occurs: on college –owned or leased premises; on college-sanctioned online websites and social media; and where a member is
conducting College business or attending a college-sanctioned event.

Complainant – member affected by sexual violence who submits a Formal Report to the Campus Administrator

Consent – the voluntary agreement to engage in the sexual activity in question. It is the act in willingly agreeing to engage in specific sexual behaviour, and requires that a person is able to freely choose with a
yes or no. This means that there must be an understandable exchange of words which indicate a willingness to participate in mutually agreed upon sexual activity. There is no consent when:

1. The member expresses, by words, conduct, or any other means a lack of agreement to engage in the activity or to continue to engage in the activity;
2. The agreement to sexual activity is obtained through pressure, coercion, fraud, the exercise of authority, force or threats of force;
3. the alleged offender implicitly or explicitly induces the member to engage in the activity by using a position of trust, power, or authority;
4. The member is incapable of consenting to the activity because they are asleep, unconscious, or unable to understand the fact, nature, or extent of the sexual activity due to disability, mental or physical incapacity, the influence of drugs or alcohol, or any other form of impairment; or,
5. The agreement to sexual activity is expressed, by words, conduct, or any other means, by a person other than the member.

Formal Report – when a member affected by sexual violence submits a written statement to the Campus Administrator that alleges they have experienced an incident of sexual violence within the college’s jurisdiction or that affects the work and learning environment at the college.

Harassment/Sexual Harassment – any behaviour that is unsolicited, unwelcome, disrespectful, or offensive and has an underlying connotation that is gender biased, sexual, age related, bigoted, religious,
ethnic, or racial.

Indecent Exposure – the exposure of the private or intimate parts of the body in a lewd manner when the perpetrator may be readily observed.

Interim Measures – measures carried out by the College, pending results of an investigation that are not intended to be disciplinary, and are reasonable and necessary to: help the complainant feel safe; or protect the parties, other members, or the integrity of the procedures and due process. Examples of interim measures include limiting access to campus and college sanctioned events; paid leave of absence for employees; prohibiting contact between the complainant and the respondent; and adjusting class schedules or working situations of the complainant or respondent.

Member – any staff and students, visitors and volunteers that are directly connected to the college.

Respondent – member named as an alleged offender in a Formal Report of sexual violence.

Sexual Violence – any sexual act or act targeting a person sexuality, gender identity, or gender expression, whether the act is physical or psychological in nature, that is committed, threatened or attempted against
a person without the person consent, and includes sexual assault, sexual harassment, stalking, indecent exposure, voyeurism and sexual exploitation.

Sexual Assault – any type of unwanted sexual act done by one person to another that violates the sexual integrity of the person and involves a range of behaviours from any unwanted touching to penetration. Sexual assault is characterized by a broad range of behaviours that involve the use of force, threats, or control towards a person which makes the other person fell uncomfortable, distressed, frightened, threatened or is carried out in any circumstance in which the person has not freely agreed or consented to, or which the person is incapable of consenting.

Sexual Exploitation – when a perpetrator takes non-consensual or abusive sexual advantage of another for their own advantage anyone other then the one being exploited.

Stalking – Involves behaviours that occur on more than one occasion. Stalking instills fear, threatens, targets the persons safety and/or mental health. Stalking can include threats of harm to the person, the persons family or friends. The behaviour includes but are not limited to non-consensual communications (face to face, phone, email, social media, threatening or obscene gestures, surveillance, sending unsolicited gifts, creeping via social media/cyber-stalking and utteringthreats.

Violence – the exercise or attempt of exercise, or a statement or behaviour that is reasonable for members of the college to interpret as a threat of physical force by a person against another person that causes or could cause physical injury.