If you have a complaint or problem, you are encouraged to follow the Student Complaint Procedure. You should discuss complaints with the individual(s) within the appropriate department. Initial discussion should be with the person most knowledgeable of the issues involved or with immediate decision-making responsibility. If you feel that the complaint has not been fully addressed, a written account should be submitted to the Director of Student Services if related to non-academic issues or to the Chief Academics Officer for academic issues. If the Director of Student Services or Chief Academics Officer are either absent or named in the complaint, the complaint should be submitted to the President. The written account should indicate your name, phone number, and student ID number and discuss the steps you have taken to remedy the situation.
The appropriate College staff member or department will be notified of the complaint. A follow-up meeting with you and the Director of Student Services and/or the Chief Academics Officer will be held within ten school days of the date of the written complaint in an effort to resolve the issue. You will be provided with written reasons for the decision within 45 days after the date on which your complaint was made. This 45 day period will include any appeals or arbitration procedures required by the institution.
If you are not satisfied with the results, you may file an appeal with the President’s Office. The appeal should be in writing and contain your name and phone number. You should summarize the steps you have taken to remedy the situation and indicate why the results are not satisfactory. You will be provided written results of the appeal within ten class days from the date the appeal is received.
Students may, at their own expense, engage an attorney or agent to represent them during the complaint process.
If you follow this complaint procedure and still feel dissatisfied with the results, you may send a written copy of the complaint to:
The Ministry of Advanced Education – Private Training Institutions Branch
203 - 1155 West Pender St
Canada V6E 2P4
Please refer to the school’s Jury Waiver & Agreement to Binding, Individual Arbitration Policy for additional information regarding disputes or claims.
Students who believe they have been subjected to discrimination or harassment (other than sexual harassment) in violation of the Non-Discrimination Policy should follow the procedure outlined below. (Please note that students who believe they have been subjected to sexual harassment should follow the reporting process in the Sexual Misconduct and Relationship Violence Policy.) This complaint procedure is intended to provide a fair, prompt and reliable determination about whether LaSalle College Vancouver Non-Discrimination Policy has been violated.
LaSalle College Vancouver is committed to providing workplaces and learning environments that are free from harassment on the basis of any protected classification including, but not limited to race, sex, gender, colour, religion, sexual orientation, gender identity or expression, age, national origin, disability, medical condition, marital status, veteran status, genetic marker or on any other basis protected by law. Such conduct is unprofessional, unproductive, illegal, and generally considered bad for business. Consequently, all conduct of this nature is expressly prohibited, regardless of whether it violates any law. (Please note that sexual harassment is more thoroughly addressed in the Sexual Misconduct & Relationship Violence Policy.)
LaSalle College Vancouver Sexual Misconduct & Relationship Violence Policy; Procedures for Handling Sexual Misconduct and Relationship Violence Complaints
LaSalle College Vancouver values civility, dignity, diversity, education, honesty, and safety and is firmly committed to maintaining a campus environment free from all forms of sex discrimination, sexual harassment, and sexual assault. Sexual Misconduct and Relationship Violence, defined more specifically below, are inconsistent with these values, violate institutional policy, and will not be tolerated at LaSalle College Vancouver and are expressly prohibited. Similarly, retaliation for having brought forward a concern or allegation or for participating in an investigation of a report of Sexual Misconduct or Relationship Violence is also expressly prohibited and is grounds for disciplinary action.
This Policy provides information regarding how an individual – whether a student, faculty member, or staff member – can make a report of Sexual Misconduct or Relationship Violence impacting a student and how LaSalle College Vancouver will proceed once it is made aware of any such report.
For faculty and staff members who believe they are the victim of sexual misconduct, please follow our No Harassment policy in the Employee Handbook.
This Policy prohibits “Sexual Misconduct” and “Relationship Violence,” broad categories encompassing the conduct defined below. Sexual Misconduct and Relationship Violence can be committed by anyone, including third parties, and can occur between people of the same sex or different sexes and regardless of one’s biological sex or transgendered sex. This policy applies to Sexual Misconduct and Relationship Violence that is committed against a student when that Sexual Misconduct or Relationship Violence occurs: (i) on campus; (ii) off-campus if in connection with a School-sponsored program or activity or in student housing; or (iii) off-campus if allegedly perpetrated by a fellow student, faculty member, staff member, or third party when the victim/reporting student reasonably believes that the off-campus conduct has created a hostile educational environment.
A. What is “Sexual Misconduct”?
Sexual Misconduct includes the threat, attempt, or commission of:
B. What is “Relationship Violence”?
Relationship Violence includes:
The following also constitute violations of this Policy:
C. Who are “Complainants” and “Respondents”?
LaSalle College Vancouver is not a court of law. We also do not engage in victim-blaming or rushes to judgment. Therefore, without judgment, we refer to anyone who reports that s/he has experienced Sexual Misconduct as a “Complainant” and to anyone who reportedly has engaged in Sexual Misconduct as a “Respondent.”
D. Defining Consent
In many cases of Sexual Misconduct, the central issue is consent or the ability to give consent. Consent is a voluntary agreement to engage in sexual activity. Consent to engage in sexual activity must exist from beginning to end of each instance of sexual activity. Past Consent does not imply future Consent, and Consent to engage in one form of sexual activity does not imply Consent to engage in a different form of sexual activity. Consent is demonstrated through mutually understandable words and/or actions that clearly indicate a willingness to engage in a specific sexual activity. Consent must be knowing and voluntary. To give Consent, a person must be awake, of legal age, and have the capacity to reasonably understand the nature of her/his actions. Individuals who are physically or mentally incapacitated cannot give Consent.
Silence, without actions evidencing permission, does not demonstrate Consent. Where force, threats, or coercion is alleged, the absence of resistance does not demonstrate Consent. Force, threats, or coercion invalidates Consent. The responsibility of obtaining Consent rests with the person initiating sexual activity. Use of alcohol or drugs does not diminish one’s responsibility to obtain Consent or negate one’s intent.
Consent to engage in sexual activity may be withdrawn by either person at any time. Once withdrawal of Consent has been clearly expressed, the sexual activity must cease.
Incapacitation is the inability, temporarily or permanently, to give Consent, because the individual is mentally and/or physically helpless due to drug or alcohol consumption, either voluntarily or involuntarily, due to an intellectual or other disability that prevents the student from having the capacity to give Consent, or the individual is unconscious, asleep or otherwise unaware that the sexual activity is occurring. In addition, an individual is incapacitated if he or she demonstrates that they are unaware of where they are, how they got there, or why or how they became engaged in a sexual interaction. Where alcohol is involved, incapacitation is a state beyond drunkenness or intoxication. Some indicators that an individual is incapacitated may include, but are not limited to, vomiting, unresponsiveness, inability to communicate coherently, inability to dress/undress without assistance, inability to walk without assistance, slurred speech, loss of coordination, lack of awareness of circumstances or surroundings, or inability to perform other physical or cognitive tasks without assistance.
E. Title IX Coordinator & Deputy Coordinators
For purposes of complying with provincial, Canadian, and U.S. law, matters involving sexual misconduct and relationship violence will be addressed by Dean of Student Affairs, who serves as the Policy Coordinator (“Coordinator”). The Coordinator is responsible for, among other things, coordinating the campus’s efforts to comply with and carry out the campus’s responsibilities under provincial and Canadian law, including compliance with this policy. The Coordinator will help to coordinate any investigations under this Policy.
In addition, the School has other individuals who serve as Deputy Coordinators to help oversee investigations and determination proceedings under this Policy.
We encourage victims of Sexual Misconduct & Relationship Violence to talk to somebody about what happened – so they can get the support they need, and so the School can respond appropriately.
Different employees on campus have different abilities to maintain confidentiality:
The School will seek to protect the privacy and confidentiality of the individuals involved in any report of alleged Sexual Misconduct or Relationship Violence to the extent possible and allowed by law. The Coordinator will evaluate any request for confidentiality in the context of the School’s responsibility to provide a safe and nondiscriminatory environment to all members of its community.
The School will complete any publicly available record-keeping required by law without the inclusion of identifying information about the alleged victim. It will also maintain as confidential any interim measures or remedies provided to the alleged victim to the extent that maintaining confidentiality will not impair its ability to provide the interim measures or remedies.
In addition to internal reporting, the School strongly encourages anyone who believes they have experienced a sexual assault (or any other crime) to make a report to local law enforcement. Collection and preservation of evidence relating to the reported sexual assault is essential for law enforcement investigations, so prompt reporting of the incident to law enforcement is especially critical. Designated staff will, upon request, assist an individual in making a report to law enforcement as necessary and appropriate.
Although we strongly encourage complainants to report to local law enforcement, such a report is not a prerequisite to the School’s review and investigation of any complaint covered by this Policy. The School will honor a Complainant’s request not to report the matter to local law enforcement UNLESS we have a reasonable basis to believe that the safety and security of the campus community is at risk. In this event, the School will endeavor to notify a Complainant or Reporter of the institution’s intent to report the matter to law enforcement in advance of any such report.
The School does not limit the time frame for reporting under this Policy, although a delay in reporting may impact the School’s ability to take certain actions.
Other Code of Conduct Violations: The School encourages students who have been the victim of Sexual Misconduct or Relationship Violence to come forward. Students should not be discouraged from reporting such incidents because they fear discipline for their own violations of the Student Code of Conduct, such as use of alcohol in School housing. Therefore, the School has discretion not to pursue other violations of the Student Code of Conduct that occurred in the context of the reported incident of Sexual Misconduct or Relationship Violence.
Students are encouraged to report any incident of Sexual Misconduct or Relationship Violence to the Coordinator, Deputy Coordinator, the Director of Student Services, or the Campus President. If a report is made verbally, the School will request a written statement by the student. While a student may contact any of these persons to report an incident, the Director of Student Services will be well prepared to handle all types of sensitive student matters.
Upon receipt of a report, the School will generally proceed as described below.
A. Investigation Commencement
The School will provide a timely and thorough investigation. Barring exigent circumstances, cases of Sexual Misconduct and Relationship Violence will generally be resolved within a 60 day period once the incident has been reported. An extension of time may be necessary if witnesses are unavailable or uncooperative or due to other extenuating circumstances beyond the control of the investigator.
B. Initial Response
Once the School is put on notice of possible Sexual Misconduct and Relationship Violence, the Complainant will be offered appropriate confidential support, accommodations, and other resources and will be notified of applicable policies and procedures. Accommodations include the ability to move to different housing, to change work schedules, to alter academic schedules, to withdraw from/retake a class without penalty, and to access academic support. The Respondent also will be offered appropriate resources and notified of applicable policies and procedures.
C. Interim Intervention
Pending a final determination, the Coordinator and/or Student Services staff will take appropriate interim measures. These measures may include, but are not limited to, the imposition of a no-contact order and/or employment, transportation, residence, and academic modifications. Student Affairs staff may limit a student or organization’s access to certain School facilities or activities pending resolution of the matter. The School may impose an Interim Suspension on the Respondent pending the resolution of an alleged violation when the School determines, in its sole discretion, that it is necessary in order to protect the safety and well-being of members of the campus community.
D. Decision to Proceed to Investigation
If the Complainant is willing to participate in the review and investigation process, the School will proceed as described below in Section III (E).
If the Complainant requests a confidential investigation, the School will seek to protect the privacy and confidentiality of the Complainant to the extent possible and allowed by law. The School, in consultation with the Coordinator, will evaluate any request for confidentiality in the context of the School’s responsibility to provide a safe and nondiscriminatory environment to all members of its community.
If a confidential investigation is requested and agreed to, the School will investigate without revealing the name of the Complainant in any interview or email and will not ask questions that inadvertently or reasonably could reveal the identity of the Complainant.
If the Complainant asks that the report of sexual misconduct not be pursued, the School will consider the interests of the Complainant, the campus community, law enforcement, and/or other appropriate interests under the circumstances. The School, in consultation with the Coordinator, will make a final decision on whether and to what extent it will conduct an investigation, and notify the Complainant promptly.
E. Investigation Procedure
Investigators do not function as advocates for either Complainants or Respondents. Investigators can, however, identify advocacy and support resources for either Complainants or Respondents.
The Respondent will receive written notice of the report and the nature of the alleged misconduct. He/She will be advised in writing of the investigation process and opportunity to provide any relevant evidence.
The Investigation will generally be conducted by the Dean of Student Affairs for the campus (or any other individual appointed by the Coordinator) if the Respondent is a student. If the Respondent is a faculty or staff member, Employee Relations will also participate in the investigation.
The investigator will separately interview both Complainant and Respondent. Both parties will be able to provide evidence and suggest other witnesses to be interviewed. The investigator will interview other relevant witnesses and review any other available relevant evidence. Both the Complainant and Respondent can have another individual present during their own respective interviews. If the Complainant or Respondent elects, they may have an attorney present during their own interview, but said attorney may not advocate during the interview.
1. For cases where the Respondent is a student.
The investigator will present all evidence to the Coordinator (or his/her designated Deputy Coordinator). In all cases, the Coordinator or the designated Deputy Coordinator will be appropriately trained regarding handling and considering sexual misconduct and relationship violence cases.
The Coordinator will weigh the evidence presented and decide whether additional evidence is necessary for consideration. Ultimately, the Coordinator will make a determination of whether a violation of the Sexual Misconduct & Relationship Violence Policy or any other policy has occurred.
The School reserves the right to convene a Determination Panel to review the evidence and make the determination in appropriate circumstances.
2. For cases where the Respondent is a Faculty or Staff Member.
G. Standard of Proof
In all cases under the Sexual Misconduct policy, the Coordinator (or designee) or the Ethics Committee will determine if a violation of policy has occurred by the preponderance of evidence standard. Thus, they will determine whether it is more likely than not that a violation has occurred.
H. Potential Sanctions
If a violation of policy has been found, the Coordinator or the Ethics Committee will impose appropriate sanctions, including but not limited to coaching, training, probation, suspension, or expulsion in the case of students or coaching, training, written warning, demotion, or termination in the case of employees.
I. Outcome Notifications
Both the Complainant and Respondent will be notified in writing of the outcome of the investigation and of the sanctions imposed, if any.
If the Complainant or Respondent is a student, he or she may appeal the outcome determination by written appeal to the Campus President within 15 business days of notification of the outcome. An appeal may be made based only on one or more of the following reasons:
The appeal shall consist of a written statement requesting review of the conduct decision or sanction and explaining in detail the basis for the appeal. The Campus President, or designated representative, will notify the non-appealing party of the request for an appeal. Within five business days of receipt of the notice, the non-appealing party may submit a written statement to be included in the case file. The appeal may proceed without the non-appealing party’s written statement if it is not submitted within the designated time limit.
The Campus President will endeavor to make a determination of the appeal within 15 business days of receipt. The President’s decision is final.