| Topic: | Employees, Employment and Workplace |
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| Approval Authority: | President and Vice-Chancellor |
| Approval Date: | June 27, 2023 |
| Effective Date: | July 1, 2023 |
1. Purpose
York University (the “University”) is committed to a healthy, safe and respectful learning environment for all members of the University Community.
The University discourages consensual sexual or romantic relationships between individuals in positions of authority (such as faculty, instructional staff, managers or supervisors, and athletic staff) and the students whose performance they are responsible for grading, supervising or evaluating. Even where the relationship appears to be consensual, for example, between supervisor and employee, faculty and student, or academic advisor and advisee. Regardless of the intentions of the individuals involved, such relationships in the workplace or educational setting that involve power differentials may lead to concerns of conflict of interest, questions regarding the validity of consent or sexual misconduct.
2. Authority, Scope and Application
2.1 This Policy is enacted by the President of York University under the authority of subsection 13(2) of the York University Act (1965).
2.2 This Policy applies to all employees, as defined by the Ontario Employment Standards Act, 2000 (“ESA”) and for greater clarity includes any person who performs work or services for University in exchange for wages.
2.3 This Policy should be read in conjunction with other applicable University policies, guidelines or standards, including but not limited to those listed in section 6 below.
3. Definitions
Sexual Misconduct: in relation to a student of an institution,
a. physical sexual relations with the student, touching of a sexual nature of the student or behaviour or remarks of a sexual nature toward the student by an employee of the University where the act,
i. constitutes an offence under the Criminal Code (Canada),
ii.infringes the right of the student under clause 7 (3) (a) of the Human Rights Code to be free from a sexual solicitation or advance, or
b. any conduct by an employee of the University that infringes the right of the student under clause 7 (3) (b) of the Human Rights Code to be free from a reprisal or threat of reprisal for the rejection of a sexual solicitation or advance. Reprisal is an act or threat of retaliation made or threatened by a person in a position to confer, grant or deny a benefit or advancement to the person. Sexual Solicitation means a sexual solicitation or advance made by a person in a position to confer, grant or deny a benefit or advancement to the person where the person making the solicitation or advance knows or ought reasonably to know that it is unwelcome.
Sexual Violence Response Team (the “SVRT”): a group of university personnel that ensures appropriate support and services are provided and coordinates effective responses to incidents of sexual violence and conducts risk assessments related to sexual violence.
Student: refers to a person who is registered and/or enrolled at York University and who is therefore bound by University policies and regulations. A person who is not officially enrolled for a particular term but who continues to have a relationship with the University or who has been notified of their acceptance for admission is considered a Student.
4. Roles and Responsibilities
4.1 The Vice-President Equity, People & Culture or designate will be responsible for implementation of this Policy, to establish procedures and guidelines pursuant hereto from time-to-time.
4.2 The Centre for Sexual Violence Response, Support and Education (the “Centre”) is responsible for receiving complaints of Sexual Misconduct, delivering support and services, including counselling, access to or referrals to medical, legal or other services, and academic and other accommodations, available to students who have been affected by an incident of Sexual Misconduct.
4.3 The SVRT is responsible for assessing whether complaints of Sexual Misconduct, fall within the jurisdiction of this Policy.
4.4 The SVRT will ensure that complaints of Sexual Misconduct are provided to the appropriate office under applicable collective agreements and University policies.
4.5 The Vice-Provost Students will be responsible for receiving requests from complainants for reconsideration of a decision made by the SVRT as to whether the complaint falls under this Policy.
5. Policy
5.1 Complaints of Sexual Misconduct
a. The Centre is the first point of contact for a student affected by Sexual Misconduct to obtain academic, employment, or other accommodations and services.
b. Any student who experiences Sexual Misconduct by an employee may report it to the Centre in person or electronically using the established reporting process.
c. The SVRT will assess whether a complaint falls in the jurisdiction of this Policy. If the SVRT determines that the complaint is outside the jurisdiction of this Policy or that the matter should not be investigated, it will provide written notice of that decision and reasons for the decision to the complainant.
d. If the SVRT determines that the complaint should be processed it will be in accordance with the provisions of the applicable collective agreement, or University complaint procedure identified in 7.2 of the Human Rights Policy.
5.2 University’s Ability to Act
a. The University may act under this Policy based on complaints received through the sexual violence complaint process, or any other information of Sexual Misconduct.
5.3 Discipline
a. An employee who is found to have engaged in Sexual Misconduct will be subject to discipline up to and including termination of employment in accordance with the provisions of the applicable collective agreement or employment agreement.
b. An employee who is found to have engaged in Sexual Misconduct who is subject to termination of employment or elects to resign in connection with a finding of Sexual Misconduct:
i. will not be entitled to any form of termination pay, compensation or restitution as a result of the termination or resignation; and
ii. will not be eligible for re-employment with York University.
6. Review
The University recognizes that appropriately addressing Sexual Misconduct is an evolving issue and that the University will revisit this Policy and other related and existing University policies on a regular basis.
The Vice-President Equity, People & Culture will conduct a review of this Policy every three years.
| Legislative History: | Approved by President: June 27, 2023 |
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| Date of Next Review: | July 1, 2026 |
| Related Policies, Procedures and Guidelines: |