SEXUAL MISCONDUCT POLICY

Policy:

Vancouver Acting School is committed to the prevention of and appropriate response to sexual misconduct. The intent of Vancouver Acting School harassment policy is to protect all its students, employees, support staff, and instructors and not to constrain the normal social interaction between people. Sexual harassment may be perpetrated by a person in authority such as a supervisor, by a co-worker, or by a non-instructor, non-administrator, or non-support worker such as a client, a student, or a contractor of Vancouver Acting School or by members of the public. Vancouver Acting School sexual harassment policy applies not only during work hours and on Vancouver Acting School premises, but also to work-related settings such as conventions, shows and business social events outside of normal working hours. It also applies to unwelcome telephone calls or visits to a person’s home, if the harasser is in some way connected to Vancouver Acting School.

Definition of Sexual Harassment:

Sexual misconduct refers to a spectrum of non-consensual sexual contact and behavior including the following:

• sexual assault;
• sexual exploitation;
• sexual harassment;
• stalking;
• indecent exposure;
• voyeurism;
• the distribution of a sexually explicit photograph or video of a person to one or more persons other than the person in the photograph or video without the consent of the person in the photograph or video and with the intent to distress the person in the photograph or video;
• the attempt to commit an act of sexual misconduct; and
• the threat to commit an act of sexual misconduct.
• Any sexually-oriented conduct – verbal, physical, or by innuendo – constitutes sexual harassment when:

1. Submission to such conduct becomes either explicitly or implicitly a term or condition of students.
2. Submission to or rejection of such conduct is used as a basis for students’ decisions.
3. Such conduct has the purpose or effect of interfering with work performance.
4. Such conduct creates an intimidating, hostile or offensive working environment

A Complaint of sexual misconduct is different than a Report of sexual misconduct. A person may choose to disclose or complain of sexual misconduct without making a formal report.  A Report is a formal notification of an incident of sexual misconduct to someone at the institution accompanied by a request for action.

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.

Complaint Procedures:

The following measures and informal actions can often prevent or resolve problem situations:

1. Set a good example. Don’t participate in or ignore discrimination or harassment.
2. Approach employees if something is suspected. Symptoms of harassment or discrimination may include reduced productivity, changes in behavior, rumors, increased sick leave, increased resignations, or sudden change in performance evaluations.
3. Discuss the situation with the alleged harasser. They may be unaware that their behavior is offensive. Even if the allegations are denied, the discussion should be treated as a warning that inappropriate behavior will not be tolerated.
4. Keep confidential record in Incident Form of all discussions with the victim and alleged harasser. A copy will be placed in the school’s Incident Form File, and the original will be placed in the Student File.
5. All students/faculty have the right to file a formal complaint as outlined below. Also, all Students/faculty have the right to contact the British Columbia Council of Human Rights and file a formal complaint of discrimination.

Formal Report Procedures:

1. If informal attempts at resolving the problem are not appropriate or prove ineffective, a formal complaint and investigation might be required.
2. Right to Complain: Anyone has the right to complain about a situation that they believe to be harassment; there will be no reprisals for doing so. Disciplinary action, up to and including immediate dismissal for cause, shall be taken against any student who retaliates or attempts to retaliate against a complaint.
3. Who May Complain: Generally, in most situations, complaints will be filed by the victim who alleges harassment or discrimination. However, complaints may also be made by a group of people who may have been subjected to the same offensive treatment, by co-workers who witnessed the incident(s), or by a third party complaining on behalf of the victim.
4. Reporting a Complaint: Any complaint regarding harassment will be made immediately in writing to the Director of Performing Arts (unless the complaint is against the Director of Performing Arts), in which case the complaint should be made in writing to the CEO. If the complainant feels uncomfortable approaching either the Director of Performing Arts or CEO, they may make their complaint to any other administrator or office staff. The complaint will be kept in strict confidence. If, after an investigation of the complaint it is determined that harassment has occurred, disciplinary action, up and to and including immediate dismissal for cause, will be taken.

Initial Review of Complaint or Report

1. This review will occur within 14 calendar days of receiving a Report unless exceptional circumstances exist that prevent the CEO from meeting this timeline, in which case the CEO will contact the individual making the Report as soon as possible to inform them of the revised timeline

Investigator’s Responsibilities:

1. The Investigator will be or will be appointed by the President/CEO (unless the complaint is against the President/CEO, in which case the Investigator will be appointed by the CFO). It is the role of the investigator to seek the truth and make a judgment in a discreet and impartial manner. If the complainant requests that a specific gendered member of staff be included in the investigation process, then the Investigator and the complainant shall designate a mutually agreed-upon employee of that gender to be Co-Investigator.
2. The investigation will be carried out with strict confidentially. However, it must be stressed that confidentiality does not equate to anonymity. Anonymous complaints cannot be investigated. An alleged harasser has the right to know who has charged him/her with harassment. During the investigation, it may be necessary to confide to persons interviewed the name(s) of the alleged harasser and/or the victim.
3. The Investigator will conduct interviews to validate or invalidate the alleged harassment, with the complainant, the alleged harassment, with the complainant, the alleged harasser, co-workers, supervisory personnel, or other persons, as he or she deems necessary.
4. The investigator will report their findings to the President/CEO. If the investigator finds that the harassment has taken place the President/CEO will take such disciplinary action as they deem appropriate to the degree of harassment and the consequences of such harassment that have occurred; such disciplinary action may include any remedy up to and including immediate dismissal for cause.
5. If the Investigator finds that harassment has not taken place, They shall advise the complainant, the alleged harasser, and Director of Performing Art and/or the President/CEO of Vancouver Acting School

Pursuance of Other Remedies:

1. Once all internal avenues of complaint and investigation have been exhausted, should the complainant be dissatisfied with the outcome of the investigation, he/she has the right to file a complaint with the BC Human Rights Commission (604.660.6811).
2. A private, non-profit group, the BC Human Rights Coalition, exists to ensure that citizens of B.C. get the protection against discrimination to which they are entitled. They may be reached at (604.689.8474). This organization can provide information and referrals, emotional assistance, accompaniment to interviews with the employer and/or the B.C. Council of Human Rights and any hearings that may follow, and decision-making assistance.
3. A complainant may file a complaint to the B.C. Human Rights Commission while the harassment is taking place or within six months of the date, he/she has resigned or has been dismissed. This can be done by submitting a written complaint or by going in person to the B.C. Human Rights Commission.
4. Based on the evidence and how strong the case is, a human rights investigator will try to negotiate a settlement with the employer. This could involve reinstatement, a formal apology, or a cash settlement to cover lost wages and/or emotional costs. If the Employer denies the accusation and the case is strong, it will proceed to a formal hearing. The Commission may provide the complainant with legal assistance.

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.

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.

All information related to a Complaint or Report is confidential and will not be shared without the written consent of the parties, subject to the following exceptions:

• If an individual is at imminent risk of severe or life-threatening self-harm.
• If an individual is at imminent risk of harming another.
• There are reasonable grounds to believe that others in the institutional community may be at significant risk of harm based on the information provided.
• Where reporting is required by law.
• Where it is necessary to ensure procedural fairness in an investigation or other response to a Complaint or Report.

This institution is certified by the Private Training Institutions Branch (PTIB). Certified institutions must comply with regulatory requirements, including the requirement to have a Sexual Misconduct policy. For more information about PTIB, go to www.privatetraininginstitutions.gov.bc.ca.

STUDENT STATEMENT OF RIGHTS

Vancouver Acting School is certified with the Private Training Institutions Branch (PTIB) of the British Columbia Ministry of Advanced Education and Skills Training.

Before you enrol at a certified private training institution, you should be aware of your rights and responsibilities. You have the right to be treated fairly and respectfully by the institution.

You have the right to a student enrolment contract that includes the following information:

• amount of tuition and any additional fee for your program
• refund policy
• if your program includes a work experience, the requirements to participate in the work experience and the geographic area where it will be provided
• whether the program was approved by PTIB or does not require approval.

Make sure you read the contract before signing.  The institution must provide you with a signed copy. You have the right to access the institution’s dispute resolution process and to be protected against retaliation for making a complaint.

You have the right to make a claim to PTIB for a tuition refund if:

• your institution ceased to hold a certificate before you completed an approved program
• you were misled about a significant aspect of your approved program.

You must file the claim within one year of completing, being dismissed or withdrawing from your program.

For more information about PTIB and how to be an informed student, go to: http://www.privatetraininginstitutions.gov.bc.ca/students/be-an-informed-student.