SEXUAL HARASSMENT POLICY

1. Sexual Maltreatment includes, but is not limited to,
2. any non-consensual touching of a sexual nature and/or the Criminal Code offence of sexual assault;
3. forcing or coercing a person into sexual acts;
4. participating in or performing acts on a person that violate their sexual integrity;
5. Criminal Code offences that do not involve actual physical contact or that can occur through electronic means such as indecent exposure, voyeurism, non-consensual distribution of sexual/intimate images, luring and agreement or arrangement to commit a sexual offence;
6. Sexual harassment, which is defined as any series of or serious comment(s) or conduct of a sexual nature that is unwelcome and that would be objectively perceived to be unwelcome, and which broadly includes jokes, remarks or gestures of a sexual or degrading nature, or distributing, displaying or promoting images or other material of a sexual or degrading nature, or any act targeting a person’s sexuality, gender identity or expression. It can also include stalking or harassment in person or by electronic means where the stalking or harassment is of a sexual nature.

Sexual Maltreatment can take place through any form or means of communication (e.g. online, social media, verbal, written, visual, hazing, or through a third party).

Sexual Maltreatment of a Minor is any Sexual Maltreatment against a Minor. It includes the items described in Section 5.5.1 above and also includes, but is not limited to, the Criminal Code offences that are specific to individuals who are not adults or to individuals under a particular age, such as sexual exploitation, sexual interference, and any offence related to exploitation of a Minor through prostitution. Sexual Maltreatment of a Minor is not limited to acts that involve physical contact but can include acts that can occur in person or via electronic means such as, but not limited to, invitation to sexual touching, making sexually explicit material available to a Minor, and acts that occur only online such as luring or agreement or arrangement to commit a sexual offence against a Minor. It also includes any offence related to child sexual abuse and exploitation materials as that term is defined in the law in Canada. For the sake of clarity, it shall not constitute a violation in and of itself for a Minor Participant to create, possess, make available or distribute images of themselves.

A Participant is presumed to know that a person is a Minor.

It is prohibited for a Participant to create, possess, make available or distribute images that sexualize or contain nudity of another person in the absence of Consent.

Where there is a Power Imbalance, sexual acts or communications (electronic or otherwise) between any Participant and another Participant are prohibited.

Examples of Sexual Maltreatment include, without limitation:

1. Reprisal or a threat of reprisal for the rejection of a sexual solicitation or advance, where the reprisal is made or threatened by a Participant who has more power in the context of a relationship that involves a Power Imbalance, or if the person to whom the solicitation or advance is made is a Minor;
2. Pressuring a person to engage in sexual activity, including by making repeated advances that are known or ought to be known to be unwelcome;
3. Questions asked of a person about their sexual preferences, sexual history, sexual organs or sexual experiences, particularly when such questions are asked by a Participant who has more power in the context of a relationship that involves a Power Imbalance, or asked of a Minor or Vulnerable Participant;
4. Sexual attention when the person giving the attention reasonably knows or ought to know that the attention is unwanted or unwelcome or where the object of the attention is a Minor. Sexual attention includes but is not limited to comments about a person’s appearance, body or clothing that could be objectively perceived by another person as being sexual in nature, practical jokes based on sex, intimidating sexual remarks, propositions, invitations or familiarity; or
5. Unwelcome remarks based on gender which are not of a sexual nature, but which are demeaning such as derogatory gender-based jokes or comments.