Responding to Sexual Violence, Harassment and Discrimination at UM

Recommendation 9 asked that Bringing in the Bystander (BITB) – an evidence-based, peer-facilitated program to prevent sexual violence among students led by Student Support – receive further funding to keep pace with the needs of and demand for this programming.

In response to this recommendation, the Path Forward Implementation Committee hired and trained additional program facilitators, updated the program as planned and added an option for virtual program delivery.

Since February 2020, there have been 31 BITB session with a total of 438 participants, including 300 Bison athletes.

Moving forward the committee plans to recruit more facilitators, provide ongoing training and make annual BITB training sessions mandatory for all Bison athletes.

Recommendation 10 asked for UM to develop a plan to launch the evidence-based Sexual Assault Resistance program for UM women, prioritizing training for those living in student residences on campus.

In response to this recommendation, the Path Forward Implementation committee is currently developing a comprehensive sexual violence prevention, education and response course that incorporates:

• Bringing in the Bystander
• Responding to Disclosures
• Healthy sexuality module
• Sexual Assault Resistance Training

This project is in the process of being updated to modular, course-based programming with a revised curriculum and virtual or in-person delivery methods (with the exception of physical self-defense, which is only offered in-person).

Recommendation 12 calls for UM faculties arrange to for and take further ownership in organizing programs that are needed for their respective members. The current work of the Vice-Provost (Academic) and her ad hoc working group is an example of a model of how to customize learning and develop more ownership at the faculty level around respectful learning and work environment and sexual violence to better reflect the needs of particular faculties and units.

This project is in-progress with Learning & Organizational Development taking a lead role and working to define information gathering requirements as part of the consultation process.

Recommendation 13 call for UM to develop and launch Indigenous cultural training for members of the UM community. Further, we recommend that an on-line training course to enhance Indigenous cultural training modelled on the MICST training course at the Faculty of Health Sciences be developed and implemented to help open up the dialogue on anti-Indigenous racism, and individual and systemic bias.

Recommendation 41 calls for UM to enhance the training provided by Human Resources to faculties by identifying common best practices related to hiring, including guidance on interview questions and asking for and providing employment references.

The Indigenous Senior Leadership Committee Project Team 3.0: Faculty and Partners for Reconciliation is finalizing a plan for conducting faculty-specific Indigenous training to build on general campus training and for requiring faculty and staff to engage in 3-5 hours of subsequent Indigenous training and/or community event attendance each year. The work completed by this committee will be used as a road map to inform the implementation of broader, university-wide training.

Recommendation 18 calls for the Board of Governors adopt a policy banning intimate or sexual relationships between teaching staff and the students that they supervise. “Teaching staff” includes every person delivering any component of an academic program (faculty member, a sessional employee, an academic appointment, teaching and research assistants), librarians and coaches and coaching assistants of UM athletic teams.

Recommendation 19 asks that the policy (outlined in recommendation 18) apply to all UM students including undergraduate, professional and graduate students.

Recommendation 20 the policy set out clear consequences for staff who are governed by the policy and do not adhere to it, involving at least suspension without pay.

Recommendation 21 asks that the preamble to the UM Sexual Violence Policy acknowledge that while sexual violence affects all members of the UM community, sexual violence and its consequences may disproportionately impact those members who experience intersecting forms of systemic discrimination on such grounds as, for example, Indigenous identity, disability, ethnicity, racialization, sexual orientation and gender identity and expression. Further, we recommend that the preamble acknowledge that this principle of intersectionality should be reflected in how trauma-informed services are delivered, and that they should be delivered in a manner that is culturally sensitive to a survivor’s/victim’s background, perceptions and experiences.

Recommendation 22 asks that the Sexual Violence Policy contain a provision, which clarifies that consent cannot occur where a person is rendered incapacitated by alcohol or drugs.

Recommendation 23 asks that the Sexual Violence Policy contain a provision which recognizes that some individuals may be hesitant to come forward to disclose or report sexual violence because they were under the influence of alcohol or drugs at the time the sexual violence occurred. Further, we recommend that the Policy state that the UM will provide the survivor/victim with supports and information about disclosing and reporting regardless as to whether alcohol or drugs was used when the sexual violence occurred and that no disciplinary consequences for violations of UM policies for alcohol or cannabis use will be imposed on a person acting in good faith who makes a disclosure or report of sexual violence.

Recommendation 27 asks that all members of the UM community understand and actively fulfill their particular and distinct role in preventing sexual violence, harassment and discrimination from arising, and building a safe and secure learning and work environment.

Recommendation 35 calls for the limitation period contained in the current Respectful Work and Learning Environment (RWLE) and Sexual Assault Procedure be removed entirely and a clear statement encouraging early reporting and why this is desirable be substituted.

Recommendation 36 calls for no changes to be made to the current timeframe for completing an investigation where a formal complaint is filed, but we recommend that the RWLE and Sexual Assault Procedure impose an obligation on Office of Human Rights and Conflict Management (OHRCM) “to at all times strive to oversee the completion of an investigation within a timeline of no more than 90 working days.”

Recommendation 37 asks that UM require its internal and external investigators have trauma-based investigation training with a goal of having all of its investigators trained. Recognizing that there is a small pool of experienced investigators in Manitoba, it may be necessary to implement this recommendation over a period of time so that on-going investigations and those immediately pending occur without unreasonable delay.

Recommendation 38 calls for UM to clearly identify its policy with respect to the sharing of the investigation report and outcomes. At minimum, where a breach has been found, we recommend that the survivor/victim be told generally that appropriate education and/or disciplinary steps have been taken and, further, advised of any conditions or measures that relate specifically to the survivor’s/victim’s safety.

Recommendation 39 calls for any 'lessons learned' flowing from 'after-action reviews' (Recommendation 11) be published in the OHRCM annual report to enhance transparency and public communication on issues relating to sexual violence, harassment and discrimination. Further, if an after-action review identifies issues associated with policy interpretation, this could instigate a policy review addressing the relevant issues.

The Path Forward Implementation Committee completed a project to align existing policies and procedures with recommendations from Responding to Sexual Violence, Harassment and Discrimination at the University of Manitoba: A Path Forward. These updated policies and procedures were accepted by the Board of Governors in October 2020.

Recommendation 24 asks that relationships between UM employees involving power differentials continue to be managed under the Conflict of Interest Policy and the recent Guide on Relationships between University Employees Involving Power Differentials.

Recommendation 25 asks that the Guide on Relationships Between University Employees Involving Power Differentials be amended to require disclosure within two business days of the conflict of interest arising. Further, we recommend that there be clear consequences if the disclosure and/or timeframe are not adhered to.

Recommendation 32 calls for UM to adopt a policy that would require anyone in a supervisory or management position at the UM who receives a disclosure of sexual violence to document this in a form to be sent to the Office of Human Rights and Conflict Management (OHRCM). Further, we recommend that the UM form include a section to be completed for anonymous disclosures.

Recommendations from the Advisory Committee on mandatory reporting have been finalized. These recommendations have taken into account feedback from past community consultations and consultations with the Sexual Violence Steering Committee.

Recommendation 42 asks that UM identify and communicate to the UM community a clear understanding of the delineation of the respective responsibilities of the Office of Human Rights and Conflict Management and Human Resources (HR) with respect to sexual violence, harassment and discrimination.

Recommendation 11 asks that after-action reviews be implemented at UM for sexual violence, harassment and discrimination cases to enhance learning and best practices among those who professionally respond to sexual violence, harassment and discrimination cases.

Recommendation 40 calls for UM to implement a post-investigation review with a goal of reviewing investigation reports over the course of a number of years to identify any lessons learned and to determine if any trends or common issues can be discerned.

A clear process for After Action Reports and post-investigation review processes has been developed and incorporated into the Office of Human Rights and Conflict Management's standard operating procedures.

Recommendation 15 calls for the 'Speak-Up Button' initiative and website at the Max Rady College of Medicine be adapted for use elsewhere across UM.

Recommendation 16 calls for the Model of Escalating Behaviour successfully used at the Max Rady College of Medicine be adapted for use elsewhere across the university. The model would be used in conjunction with advice from Human Resources.

Recommendation 26 calls for UM to institute a regular annual process for each employee to review and update their conflict of interest declarations in writing, which would be approved by their supervisor. Further, we recommend that this process be incorporated into the annual performance review done for each UM employee.

Recommendation 28 calls for the annual performance review templates to be revised to include questions similar to the ones we have identified in our Report relating to what activities have been undertaken during the past year to enhance a safe and secure learning and work environment at UM.

The implementation process for an annual review of both conflict of interest declarations and Respectful Work and Learning Environment (RWLE) activities is being addressed through the conflict of interest working group who will develop appropriate forms and recommendations in conjunction with their work on the Conflict of Interest policy.

Recommendation 29 calls for UM to establish a Sexual Violence Resource Centre at the Fort Garry campus.

Recommendation 30 asks that the Centre serve as a single point of contact for all members of the University of Manitoba community affected by sexual violence. It would be the central hub, helping survivors/victims to navigate the sexual violence process, providing information on available mechanisms of support, ensuring that there is appropriate follow-up. The Centre would also help to facilitate the broader coordination among the multiple UM offices delivering services to survivors/victims.

Recommendation 31 calls for the Centre to be university-led with a focus on supporting students but with services that are available to the wider UM community. We recommend that the Centre be centrally located on the Fort Garry campus and located within a larger building and that it maintain anonymized aggregate data on the number and types of inquiries it receives. We further recommend that the development of a more detailed mandate, along with a plan to design and staff the Centre, begin as soon as possible and that the UM provide updates to the UM community on progress relating to its launch.

The Sexual Violence Resource Centre opened in January 2020. Since then, it has established 335 total contacts and held 196 continuing support appointments.

In order to better meet community needs, the SVRC has adopted a service model in which survivors can access longer-term individual support through the position of Sexual Violence Intake and Case Worker.

Educational-based recommendations have been compiled into a modular package format, streamlining communications and encouraging registration in multiple offerings. A new workshop based on consent and healthy relationships is being developed for students, focusing on building respectful and safe interpersonal relationships.

Enhanced communications efforts and intentional departmental partnerships has increased the number of staff and faculty members utilizing SVRC services in the 2021-2022 academic year.

Intentional outreach and relationship-building efforts with Indigenous, BIPOC, International, Graduate and 2SLGBTQ+ students and student-serving staff members to highlight SVRC services.

Recommendation 4 calls for UM to appoint a widely-respected senior leader from UM as a Champion of Equity, Diversity and Inclusion (EDI). This person would work with the Director of EDI ( Rady Faculty of Health Sciences), the Diversity and Inclusion Consultant in Human Resources, representatives from different faculties, and other staff to help identify a series of initiatives to enhance equity, diversity and inclusion throughout UM.

Recommendation 5 asks that the model developed at the Rady Faculty of Health Sciences (RFHS) to appoint an existing member of the faculty to assume new duties relating to EDI be adopted by other large faculties. The model could be adapted to smaller faculties by having one part-time appointment serve several faculties or by reducing the expected workload of an appointee in a single small faculty.

Recommendation 6 calls for UM to develop and adopt a university-wide EDI policy to identify foundational principles, with the Max Rady College of Medicine EDI Policy serving as a guide.

Recommendation 7 calls for UM to adopt a more robust plan to enhance diversity at the university-wide level based upon the good work being done to enhance diversity at the Canada Research Chairs (CRC) levels. Further, we recommend that the university-wide plan seek to address the lack of diversity in all fields with specific attention to closing the gap with respect to Indigenous peoples.

This project is complete.

Recommendation 8 asks that the Rady Faculty of Health Sciences Truth & Reconciliation Commission (TRC) Action Plan be used as a resource to help launch conversations elsewhere on campus to help foster a safe and respectful learning environment free from racism, and enhance understandings between Indigenous peoples and non-Indigenous members of the UM community.

Progress on these recommendations is being made through two forums:

• The Indigenous Senior Leadership Committee Project Team 3.0: Faculty Partners for Reconciliation
• The Vice President (Administration)

The Indigenous Senior Leadership Committee Project Team 3.0: Faculty Partners for Reconciliation is finalizing a plan for faculties to create their own Reconciliation Action Plans (RAP). It is expected that this overall plan will be finalized by end of January 2022

The Vice President (Administration) has put together a working group to develop a VPA-specific Reconciliation Action Plan based on its commitment to the principles of reconciliation as outlined in the Truth and Reconciliation Commission’s Calls to Action and the MMIWG Calls for Justice. Each step in development of the RAP is being documented in order to provide an outline of the process for the creation of RAPs across all UM portfolios

Together, these plans will provide a roadmap for the development of campus-wide Reconciliation Action Plans

Recommendation 14 calls for UM, as a member of U15, to seek opportunities to discuss, develop and launch research projects to evaluate and ultimately enhance best practices relating to the prevention of sexual violence, harassment and discrimination, including racism.

This project has not been started.

Recommendation 43 calls for a follow-up review to be conducted – whether by an independent review body or members of the UM community – in five years’ time to assess the degree of success achieved in preventing or significantly diminishing the actual incidence of sexual violence, harassment and discrimination and in assessing how fair, timely and effective the framework is in responding to disclosures and complaints of sexual violence, harassment and discrimination, and to make further recommendations for improvement.

This project has not been started.