Defining consent
Consent is a voluntary, conscious, active and ongoing agreement to participate in sexual activity. In other words, it's a freely given, enthusiastic, clearly communicated “yes.”
Just because consent was given in the past does not mean that it automatically exists for future sexual activity. Each person has to give consent every time, whether in a one-time encounter or a long-term relationship.
According to the Canadian Criminal Code, there is no consent if
someone else says “yes”
a person is incapable of consenting because they are unconscious, asleep or impaired by drugs or alcohol
there is an abuse of power, trust or authority
a person is pressured, manipulated, threatened, intimidated or otherwise coerced into saying "yes"
a person does not clearly say “yes” or says or implies “no” through words or behaviour
consent is withdrawn or a person changes their mind at any time before or during a sexual activity.
Sexual activity that is not consensual is sexual assault.
Rights
Universal rights
Everyone has the right to:
work and learn in an environment free of sexual violence
access supports through the university
receive information about filing a complaint
Everyone involved in a report or investigation of sexual violence has the right to confidentiality and to reasonable modifications to working, learning or living arrangements.
Survivors’ rights
Any individual who experiences sexual violence—whether or not they choose to file a complaint—has the right to:
confidentiality
information about services on and off campus
information about reporting options, including whether or not to report an incident of sexual violence
choose whether or not to report an incident of sexual violence to the university, law enforcement agencies, Alberta Human Rights Commission, or any other authority
assistance with safety planning
be kept informed about the university's response to a complaint.
Complainants’ rights
Individuals who file a complaint after experiencing sexual violence have the right to:
confidentiality
information about services on and off campus
choose whether or not to report an incident of sexual violence to law enforcement agencies, Alberta Human Rights Commission, or other authority
modifications to their working or learning environment
a fair and unbiased investigation process
withdraw a complaint at any time, but must be aware that the university may be required to pursue an investigation
a support person during the investigation process. The role of the support person is not to advocate for the complainant.
representation from the MacEwan Staff Association or the MacEwan Faculty Association, if they are a member of the association.
Reporters’ rights
Individuals who are neither survivors nor respondents and file a complaint of sexual violence have the right to:
confidentiality
information about services on and off campus
choose whether or not to report an incident of sexual violence to the police, RCMP, Alberta Human Rights Commission, or any other authority
modifications to their working or learning environment.
Respondents’ rights
Respondents are individuals who have been named as carrying out an act of sexual violence. These individuals have the right to:
confidentiality
a fair and unbiased investigation process
a support person during the investigation process. The support person may not advocate for the respondent.
information about the complaint review process, investigations and potential outcomes
information about on and off campus supports and resources, including academic or work modifications and interim measures as determined during the response
representation from the MacEwan Staff Association or the MacEwan Faculty Association, if they are a member of the association
appeal if the investigation concludes that the Sexual Violence policy was breached.
MacEwan University’s rights
As outlined in the sexual violence policy, the university has the right to:
investigate complaints, whether or not
a survivor or complainant wants them to, if they are required to do so by law
law enforcement is involved
charges have been laid
stop investigating a complaint if the complaint is registered more than a year after the incident
not investigate a complaint
discipline members of the campus community based on university policies and/or collective agreements.
Responsibilities
Campus community members’ responsibilities
All members of the MacEwan University community are expected to:
promote an environment free of sexual violence
know about the sexual violence policy and the procedures for responding to sexual violence.
It is the responsibility of each member of the campus community to:
provide appropriate support to anyone who reports sexual violence to them
let individuals who disclose know that the Sexual Violence Response Coordinator and Security Services are on-campus resources for support and information
maintain the confidentiality of everyone involved in a report or investigation of sexual violence except when it is believed that there is an immediate risk of harm to self or to another person or the community
take appropriate action to prevent further sexual violence.
MacEwan University’s responsibilities
The university’s responsibilities are to:
promote an environment free from sexual violence
educate on the topic of sexual violence.
When responding to reports of sexual violence, the university must:
maintain the confidentiality of everyone involved in a report or investigation of sexual violence. There are limits to the university’s ability to maintain confidentiality.
provide thorough information on reporting options
respond to complaints in a fair, effective and timely manner to ensure due process
support campus community members through access to counselling, medical care and modifications
work with the Sexual Violence Response Team.
