Policy #3: Sexual Misconduct

​Purpose

This policy applies to all members of the CiiAT community, including students, faculty, staff, contractors, supervisors, placement partners, volunteers, and other individuals participating in institutional, educational, or clinical activities associated with CiiAT.

CiiAT – The Canadian International Institute of Art Therapy is committed to the prevention of and appropriate response to sexual misconduct.

“Sexual misconduct” includes the following: (a) sexual assault; (b) sexual exploitation; (c) sexual harassment; (d) stalking; (e) indecent exposure; (f) voyeurism; (g) the distribution of an intimate image, within the meaning of the Intimate Images Protection Act, without the consent of the individual depicted in the image; (h) the attempt to commit an act of sexual misconduct; (i) the threat to commit an act of sexual misconduct.

Sexual Misconduct Complaint or Report

A Complaint of sexual misconduct is different than a Report of sexual misconduct.

A Complaint is a non-actionable process intended primarily to provide support to the complainant. A Complaint occurs when a victim/survivor discloses or chooses to tell someone at CiiAT about an incident of sexual misconduct in order to seek support, guidance, accommodations, or information about available options. A Complaint does not automatically result in an investigation or disciplinary action.

Through the Complaint process, CiiAT may assist the complainant in:

• accessing appropriate support services, including mental health, medical, community, or crisis resources;
• accessing academic or institutional accommodations;
• understanding reporting options available through CiiAT or law enforcement;
• developing safety planning measures; and
• determining whether they wish to proceed with a formal Report.

A complainant will not be required or pressured to make a formal Report.

A Report is an actionable process involving a formal notification of alleged sexual misconduct accompanied by a request for institutional action. A Report may result in an internal investigation by CiiAT and, where applicable, may also involve a criminal investigation if the reporting individual chooses to contact law enforcement. A Report may be made by the individual directly affected or by another individual who has relevant information regarding alleged sexual misconduct.

Where a criminal investigation is initiated, CiiAT’s internal investigation process may be temporarily paused or adjusted in order to avoid interference with the criminal investigation or related legal proceedings.

1. A student making a Complaint will be provided with resolution options and, if appropriate, accommodation, and will not be required or pressured to make a Report.

2. The process for making a Complaint about sexual misconduct involving a student is as follows:
   1. The individual will make contact by whatever method they feel most comfortable with, including by phone, email, or in-person communication, with CiiAT representative, Michelle Winkel.
      1. Michelle Winkel
         Clinical Director
         250-419-7614
         [email protected]
   2. If Michelle is absent or is named in the Complaint, the individual can instead reach out to Laurie Ness Gordon.
      1. Laurie Ness Gordon
         Program Advisory Committee Member
         1-647-202-6044
         [email protected]
   3. The individual will be advised of the option to proceed with a formal Report should they wish to request institutional action.
   4. Records related to Complaints will be maintained confidentially by CiiAT in accordance with applicable privacy legislation and institutional record-keeping practices. Information will only be shared with individuals who require the information to carry out their responsibilities under this policy or as otherwise required by law.

3. The process for responding to a Complaint of sexual misconduct involving a student is as follows: 
   1. CiiAT will acknowledge receipt of the complaint within 5 business days.
   2. The individual will be asked if they would like to make a formal report.

4. The process for making a Report of sexual misconduct involving a student is as follows:
   1. 1. The individual will make contact by whatever method they feel most comfortable with, including by phone, email, or in-person communication, with the institution representative, Michelle Winkel.
      1. Michelle Winkel
         Clinical Director
         250-419-7614
         [email protected]
   2. If Michelle is absent or is named in the report, the individual can instead reach out to Laurie Ness Gordon.
      1. Laurie Ness Gordon
         Program Advisory Committee Member
         1-647-202-6044
         [email protected]
   3. The representative will explain that they will listen carefully to what the individual has to say and take notes in the form of an incident report as a record. Together, the individual and the representative will complete the incident report, including the written statement and the request for action. The individual may also choose to complete the incident form alone.
   4. The incident report will assist in determining appropriate next steps or actions, and records related to the Report will be maintained confidentially by CiiAT in accordance with applicable privacy legislation and institutional record-keeping practices.
5. The process for responding to a Report of sexual misconduct involving a student is as follows:
   1. CiiAT will review the Report within 3 business days and confirm next steps in writing.
   2. Where appropriate, CiiAT will initiate an internal investigation. Internal investigations are administrative and non-adversarial in nature and are intended to ensure a fair and equitable process for all parties involved.
   3. Internal investigations will generally be conducted by the Clinical Director and Executive Director, or alternate designated decision-makers where a conflict of interest exists.
   4. Investigations undertaken pursuant to this policy will use the “balance of probabilities” standard of proof. This means the appropriate decision-maker(s) will determine whether the evidence demonstrates that it is more likely than not that this policy was violated.
   5. Individuals participating in an investigation may choose to have a support person present during meetings or interviews. A support person may include legal counsel, an advocate, a support worker, or another individual selected by the participant. The support person’s role is supportive in nature and may not disrupt or interfere with the investigation process.
   6. An investigation may include, but is not limited to:
      1. requesting information or statements from the reporter;
      2. requesting information or statements from the respondent;
      3. meeting with or requesting further information from individuals who may have information relevant to the investigation, including witnesses identified by either party;
      4. requesting a written response to the Report from the respondent, including any relevant documents or evidence;
      5. reviewing documentation, communications, records, or other materials relevant to the allegations; and
      6. obtaining any additional evidence considered necessary to conduct a fair and thorough investigation.
   7. At the conclusion of the investigation, the designated decision-maker(s) will prepare a written report outlining:
      1. the scope of the investigation;
      2. the evidence gathered;
      3. findings of fact;
      4. any credibility assessments necessary to render a determination; and
      5. a determination as to whether, on a balance of probabilities, sexual misconduct occurred and this policy was violated.
   8. Where it is determined that a respondent violated this policy and sexual misconduct likely occurred, CiiAT may impose disciplinary or corrective measures appropriate to the circumstances. Disciplinary responses will be proportionate to the nature and severity of the findings. Such measures may include, but are not limited to:
      1. educational or remedial measures;
      2. restrictions or conditions;
      3. removal from institutional activities, placements, or learning environments;
      4. dismissal from a program;
      5. report to the applicable professional governing body or association;
      6. termination of employment or contractual relationships; or
      7. any other action deemed appropriate to maintain the safety and integrity of the institutional community.

6. In all instances CiiAT will:
   1. Ensure the safety of the victim/survivor. 
   2. As appropriate, provide emergency numbers for law enforcement, medical assistance, mental health services, and other services. 
   3. Respect the right of the individual to choose the services they consider most appropriate.

7. In the event of a Complaint or a Report, CiiAT will support the victim/survivor by putting in place certain protective measures, which could include but are not limited to:
   1. Separation of parties
   2. Leave/no contact directives
   3. Academic accommodations
   4. Safety plan

8. It is contrary to this policy for an institution to retaliate, engage in reprisals or threaten to retaliate in relation to a Complaint or a Report.

9. Any processes undertaken pursuant to this policy will be based on the principles of administrative fairness. All parties involved will be treated with dignity and respect.

10. CiiAT will make reasonable efforts to maintain the confidentiality of all information related to a Complaint or Report and such information will not be shared without the written consent of the parties, subject to the following exceptions:
    1. If an individual is at imminent risk of severe or life-threatening self-harm.
    2. If an individual is at imminent risk of harming another.
    3. There are reasonable grounds to believe that others in the institutional community may be at significant risk of harm based on the information provided.
    4. Where reporting is required by law. 
    5. Where it is necessary to ensure procedural fairness in an investigation or other response to a Complaint or Report.   

Prevention of Sexual Misconduct

CiiAT is committed not only to responding appropriately to incidents of sexual misconduct, but also to taking proactive steps to prevent sexual misconduct from occurring within the institutional community. CiiAT recognizes that prevention requires ongoing education, clear expectations of conduct, accountability, and the promotion of a culture grounded in safety, dignity, consent, and respect.

To support the prevention of sexual misconduct, CiiAT will:

• Promote awareness and understanding of sexual misconduct, consent, professional boundaries, and respectful conduct through policies, educational materials, and institutional communications;
• Ensure students, faculty, staff, supervisors, contractors, and placement partners are informed of the standards of behaviour expected within the institutional and clinical learning environment;
• Provide students with clear information regarding the handling of complaints and reports, and available supports;
• Foster a learning and clinical environment that prioritizes psychological safety, professional ethics, and trauma-informed practices;
• Take reasonable steps to reduce circumstances that may contribute to sexual misconduct, including maintaining clear supervisory structures, professional boundaries, and appropriate communication practices in educational and clinical settings.