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Sexualized violence resources and support

Definitions

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Below is a list of key terms that are useful to know and relevant to those engaging with UVic’s Sexualized Violence Prevention and Response Policy.

Sexualized Violence

Sexualized Violence means, for the purposes of the Policy, any non-consensual, unwanted, actual, attempted, or threatened act or behaviour, that is carried out through sexual means or by targeting an individual’s sex, sexual identity, or gender identity or expression.

Sexualized Violence is a continuum of behaviour that may take place through any form or means of communication (e.g., online, social media, verbal, written, visual) or physical contact. Sexualized Violence can occur between individuals regardless of sexual orientation, gender, gender expression and gender identity.

Sexualized Violence can occur between those currently or previously in an intimate relationship, those in a nonintimate relationship (e.g., acquaintances, friends and coworkers) and between strangers.

Forms of Sexualized Violence include but are not limited to: 

  1. inappropriate sexualized comments; 
  2. sexual assault; 
  3. sexual exploitation; 
  4. sexual harassment; 
  5. stalking; 
  6. Stealthing; 
  7. indecent exposure;
  8. voyeurism; and
  9. the distribution of a sexually explicit image, photograph or video of an individual or their likeness to one or more individuals without the Consent of the individual in the photograph or video.

Additional definitions

The senior individual identified at the outset of an investigation to have administrative responsibility for the Respondent, or decision-making authority.  

Administrative authorities may include but are not limited to: Vice-Presidents, Associate Vice-Presidents, Deans, Chairs, Executive Directors, Directors, or other senior positions at the University.  

The University recognizes that some Survivors may be reluctant to make a disclosure or Report if they fear disciplinary action for their use of alcohol or other substance use. The University seeks to remove barriers to making a disclosure and/or Report about incidents of Sexualized Violence. Hence, the University will not subject any individual who makes a disclosure or Report or witnesses Sexualized Violence to disciplinary action for their personal use of alcohol or substance use occurring at or near the time of the incident(s).

means a Survivor who makes a Report to UVic's Equity and Human Rights alleging Sexualized Violence.

means the voluntary agreement to engage in sexualized contact or activity and to continue to engage in the contact or activity. Consent means that all individuals involved demonstrate, through words or actions, that they freely and mutually agree to participate in a contact or activity. It is the responsibility of the initiator of the specific sexualized contact or activity to obtain ongoing Consent.

More specifically, Consent:   
  1. is required regardless of the relationship status or sexual history of the parties;   
  2. must be obtained at the outset and at all stages of sexualized contact or activity;   
  3. can be withdrawn at any time by any participant;   
  4. cannot be given by someone who is Incapacitated;   
  5. cannot be given on behalf of another individual;   
  6. cannot be assumed from previous Consent to the same or similar activities;   
  7. is not silence, the absence of “no” or the absence of perceived resistance;   
  8. is not present when one individual abuses a position of trust, power, or authority over another individual; and  
  9. cannot be obtained through coercion, force, threats, or intimidation towards any individual, or through deception or the withholding of information that could affect an individual’s decision to Consent. 

means telling someone about their experience of Sexualized Violence.  A Disclosure is not a Report and does not necessarily initiate a process under the Policy (see section 11 for how to do this).

means an individual does not have the capacity to give Consent because, for instance, they are impaired by alcohol or drugs, or are asleep or unconscious, or are experiencing a traumatic response. An individual does not have the capacity to give Consent when they cannot appreciate the who, what, when, where, why, or how of sexualized contact or activity.

means any temporary restrictions or conditions on an individual’s ability to participate in a University Activity, to enter upon or to carry out activities upon University premises, or to exercise University privileges under University policy or collective agreements (see Response to At-Risk Behaviour Policy).

means an individual who is the subject of a Disclosure.  If a Report is filed about this individual with EQHR, the Person Alleged to Have Caused Harm will be referred to as the Respondent.

means a Person Alleged to Have Caused Harm about whom a Report is filed with EQHR alleging they have violated the Policy.

means any adverse action or threatened action taken or made through any means, including through social or other electronic media, against someone because they:

  1. seek support or may seek support under the Policy; Page 4 of 22
  2. (make or may make a Disclosure or a Report to EQHR;
  3. request or may request a Voluntary Process;
  4. participate or may participate in an investigation or process under the Policy; or
  5. (have otherwise engaged with the Policy.

Retaliation includes but is not limited to intimidation, adverse employment actions (e.g. termination, demotion, or suspension) and adverse academic actions (e.g. withholding opportunities, removing academic credit or authorship).

means the act of intentionally removing or damaging a condom or other protective device (such as a dental dam, or sponge) during sex without the Consent of the partner.

means an individual who has experienced Sexualized Violence. The University recognizes that some individuals may not identify with this terminology and have the right to determine how they will be referred to. If this individual files a Report with EQHR, the Survivor will be referred to as the Complainant.

includes the Survivor, witnesses, those who have received Disclosures, and the Person Alleged to Have Caused Harm. 

means prioritizing the safety and choices of Survivors. Survivor-centred means to treat Survivors with dignity and respect rather than blame, hostility, or suspicion and to respect their rights, interests and agency by allowing them to make decisions about whether to file a Report and the extent of their participation

means, for the purposes of making a Third-Party Statement under the Policy, an individual other than the Survivor and other than the Person Alleged to Have Caused Harm. A Third Party can be a witness, a friend, a colleague, an individual to whom the Sexualized Violence was disclosed, or any other individual.

means acknowledging the pervasiveness and differential impacts of trauma and the importance of providing support in a way that centres care, transparency, and empowerment to help avoid further traumatization. 

means any activity that is directly connected to the operations of the University at any location, or any activity where a University Community member is formally representing the University.

means a process facilitated by EQHR and agreed to by the Survivor, the Person Alleged to Have Caused Harm, and the University. A Voluntary Process does not seek to determine whether the Policy has been violated.