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Student Handbook & Policies

Over the years, God has blessed Kingswood with a beautiful sense of community among the faculty, staff and student body. As in any community, there is a need for organization and structure. This includes principles to encourage a positive, healthy, and safe environment for everyone. Our student handbook outlines such principles as well as the opportunities for service and ministry as a student at Kingswood.

Kingswood University's Abuse, Harassment and Neglect Policy

280.100  |  Abuse, Harassment and Neglect Policy

The University is committed to creating and maintaining an environment for employees, volunteers, students and guests that is free of objectionable and disrespectful conduct. Sexual, physical, emotional, verbal, or psychological abuse or any form of harassment or neglect will not be tolerated at Kingswood University. Such behaviour is a violation of University policy and will be subject to a range of sanctions, up to and including dismissal.

A complaint of abuse, harassment or neglect brought to the University’s attention by a student or an employee will be treated as a serious matter and shall be acted upon promptly, fairly, judiciously, and with due regard to confidentiality for all parties concerned. It is a violation of University policy for anyone who is authorized to recommend or take action regarding such complaints to disregard or fail to investigate allegations or, in the event that such incidents have occurred, to fail to take timely corrective action.

Retaliation against a student, volunteer, guest or employee for filing a complaint of abuse, harassment or neglect will constitute grounds for a subsequent disciplinary action, up to and including dismissal by the University.

Although this policy and the procedures detailed below have been designed to provide a means by which an individual may have her/his complaint addressed within the framework of the University, it does not preclude an individual from taking other courses of action, such as taking legal action, contacting the police, or taking the matter to the N. B. Human Rights Commission. Note: Sexual assault is covered under the Criminal Code of Canada and should be reported to the police.

A false and malicious complaint under this policy is a violation of the policy and the responsible person or persons will be subject to disciplinary action up to and including dismissal.

 

280.110  |  Legislation

Kingswood’s Abuse, Harassment and Neglect policy is subject to the Criminal Code of Canada.

 

280.120  |  Employee Review

The Abuse, Harassment and Neglect policy will be reviewed with all new employees as part of their initial orientation.  Additionally, each year all employees will receive an email from the HR department advising them of the location of this policy in the Employee Handbook and requesting that they review the policy to ensure their compliance.  Therefore, statements by employees that they were unaware of this policy and it’s regulations will not be considered a valid defense.

 

280.200  |  Definitions

 

280.210  |  Sexual Abuse

Sexual abuse is defined as but not limited to any unwanted touching, fondling, observation for sexual gratification, verbal or written propositions or innuendos, exhibitionism or exploitation for profit including pornography.

 

280.220  |  Physical Abuse

Physical abuse is defined as but not limited to the use of intentional force that can result in physical harm or injury to an individual.  It can take the form of slapping, hitting, punching, shaking, pulling, throwing, kicking, biting, choking, strangling or the abusive use of restraints.

 

280.230  |  Emotional Abuse

Emotional abuse is defined as but not limited to a chronic attack on an individual’s self-esteem.  It can take the form of name calling, threatening, ridiculing, berating, intimidating, isolating, hazing, habitual scapegoat and blaming.

 

280.240  |  Verbal Abuse

Verbal abuse is defined as but not limited to humiliating remarks, name calling, swearing at, taunting, teasing, continual put downs.

 

280.250  |  Psychological Abuse

Psychological abuse is defined as but not limited to communication of an abusive nature, sarcasm, exploitive behavior, intimidation, manipulation, and insensitivity to race, family dynamics or issues related to personhood.

 

280.260  |  Harassment

Harassment is defined as but not limited to any unwanted physical or verbal conduct that offends or humiliates, including gender-based harassment.  It can be a single incident or several incidents over time.  It includes threats, intimidation, display of racism, sexism, unnecessary physical contact, suggestive remarks or gestures, offensive pictures or jokes.  Harassment will be considered to have taken place if a reasonable person ought to have known that the behavior was unwelcome.

 

280.270  |  Neglect

Neglect is defined as any behavior that leads to a failure to provide services which are necessary and would be deemed appropriate for a university of our size and nature by a prudent person.

 

280.300  |  Harassment Advisors

Harassment Advisors are available to employees, students, volunteers and guests of the University who wish to be informed about any aspect of the University policy and procedures on abuse, harassment or neglect. There are two categories of Harassment Advisors – Internal and External Harassment Advisors.

The Internal Harassment Advisors are the Campus Counselor (Allen Lee) and VP for Enrolment (Andrea Gunter). They provide information, advice, assistance, and support (on a confidential basis) but are not compelled to provide information or evidence in any formal procedures under this policy.

The External Harassment Advisor is Heather Steeves from Crandall University (tel # 506-858-8970 ext 120 and email heather.steeves@crandallu.ca). The External Harassment Advisor may also be contacted for advice and will act as the neutral third party or assist with the selection of the neutral third party in the mediation process. The External Harassment Advisor responsibilities in a formal investigation are outlined in sections 280.710 and 280.720.

 

280.400  |  Options

The options that are available to students and employees who believe that they are victims of abuse, harassment or neglect are described below:

 

280.410  |  Informal Resolution

a) Direct Approach
Complainants, in consultation with their supervisor or an Internal/External Harassment Advisor, may speak or write to the accused to make him/her aware that his/her behaviour is offensive or they may ask the Internal/External Harassment Advisor to intervene on their behalf.

b) Mediation Procedure
In the mediation procedure, a neutral third party that is acceptable to all parties will help the complainant and the accused to negotiate a solution. The procedures to initiate the mediation process are outlined in section 280.500 and 280.600.

c) Reporting
Even under informal resolution, it is mandatory that all supervisors and Internal/External Harassment Advisors file a written incident report of any alleged abuse, harassment or neglect with the University President.

 

280.420  |  Formal Investigation

This procedure includes an investigation of the complaint and recommendation for action by the External Harassment Advisor. This recommendation will be reviewed by the President and he/she will determine, in consultation with the Chairman of the Board of Trustees, if there should be a formal hearing before an adjudication committee. The procedures to initiate the formal investigation are outlined in section 280.700.

Complainants may request a formal investigation without having attempted an informal resolution (the direct approach and/or mediation). Complainants may decide not to request a formal investigation even if the informal resolution (the direct approach and/or mediation) has proven to be unsuccessful.

 

280.500  |  Initiating a Complaint

If complainants wish to pursue either the mediation process or a formal investigation, they or their Internal Harassment Advisor should request an appointment with the External Harassment Advisor as soon as possible after the incident has occurred.

The External Harassment Advisor shall arrange an appointment with the complainant(s) at the earliest convenience. This appointment shall be strictly confidential, but complainant(s) should be prepared to discuss the basic facts of the incident(s) of abuse, harassment or neglect. Complainants may be accompanied by any supportive person, including their Internal Harassment Advisor.

 

280.510  |  Role of the External Harassment Advisor

The External Harassment Advisor shall not initially judge the merits of the case but shall be a contact person who can neither act without complainants’ consent nor refuse to aid complainants. He/she shall ensure that complainants are aware of all options available to them under the University policy and procedures on abuse, harassment and neglect including direct approach, mediation, and a formal investigation.

 

280.600  |  Mediation

If the complainant wishes to proceed with mediation the following shall occur:

 

280.610  |  Role of the External Harassment Advisor in Mediation

a) The complainant will provide the External Harassment Advisor with a written signed complaint giving details of the alleged offense(s), including dates, times, places, and names of the individuals involved.

b) As soon as reasonably possible from the date of receipt of the written complaint, the External Harassment Advisor will inform the accused of the allegation(s) and will provide the accused with a copy of the written complaint.

c) After providing the accused a written copy of the complaint, the External Harassment Advisor will contact the accused to see whether they agree to mediation. If so, the External Harassment Advisor will promptly consult with both the complainant and the accused on the choice of mediator.

d) The mediator may be the External Harassment Advisor or may be selected from a list of potential mediators from the University community. Both the complainant and accused must agree to the choice of mediator. The mediator chosen must be unbiased and independent of both parties. The list of mediators from the University community shall be established by the Administrative Cabinet.

 

280.620  |  Role of the Mediator

a) After the appointment of a mediator, the mediation process will proceed as expeditiously as is reasonably possible. The options for resolution will be of a voluntary nature. The work of the mediator is confidential. If resolution is achieved as a result of mediation, a written copy of the resolution will be signed by the complainant and the accused.  This will be reviewed by the Administrative Cabinet to determine if the matter is resolved or if due diligence would require further action.

b) Subsequent to the mediator concluding that no resolution is reachable, the complainant may:
(I)  withdraw the complaint;
(II) Initiate a formal investigation.

c) If the complainant or the accused indicate in writing that the conditions of the agreement have not been met, the mediator shall ascertain whether or not, in his or her opinion, the allegation can be substantiated. A report to this effect, which may include a recommendation for further mediation, shall be submitted by the mediator to the Administrative Cabinet. If the complainant wishes to proceed with a formal investigation, he/she shall follow the procedures outlined in section 280.700.

 

280.700  |  Formal Investigation

If the complainant wishes to request a formal investigation, the following shall occur:

a) The complainant will provide the External Harassment Advisor with a written signed complaint giving details of the alleged offense(s), including dates, times, places, and names of the individuals involved.

b) Following receipt of the written complaint, the External Harassment Advisor will notify in writing the University President that a request for a formal investigation has been made. He/she will also notify the supervising administrator of the accused.  In cases where the complaint concerns an Administrator, that Administrator’s immediate supervisor will be contacted.

c) If the President is the individual accused of the offense(s), his/her role in the formal investigation and the formal hearing will be assumed by the Chairperson of the Board of Trustees.

 

280.710  |  Role of the External Harassment Advisor

a) From this stage until a decision has been rendered by the President and an Adjudication Committee, the External Harassment Advisor shall continue assisting at all stages of the processing of the complaint so that both the complainant and the accused can be reassured that action is being taken as expeditiously as possible.

b) Once the External Harassment Advisor has informed the President of the request for a formal investigation, he/she shall be responsible for notifying in writing the individual accused that a complaint has been lodged against him/her, giving a copy of the written signed complaint.

c) The External Harassment Advisor shall investigate the allegations expeditiously and has the authority to set reasonable procedures, which shall be carried out with due regard to confidentiality for all parties concerned (the President and other administrators may be contacted for advice on these matters). The procedures shall include, at a minimum: (I) interviews with the complainant and the accused, (II) interviews with any witnesses, (III) accurate and complete documentation of the evidence concerning the complaint, and (IV) a recommendation. The recommendation, along with all relevant material, shall be forwarded to the President.

 

280.720  |  Role of the President and Adjudication Committee

a) The President shall review all the material submitted to him/her and shall meet with the people concerned to discuss the External Harassment Advisor’s report. The President, in consultation with the Chairman of the Board of Trustees, shall decide whether or not a formal hearing is required. In the case of a formal hearing, the following procedure shall be followed:

  1. The hearing shall be held in the presence of the complainant, the accused, and a representative for each if they so choose, and an Adjudication Committee chaired by the University President.
    The Adjudication Committee will be comprised of the External Harassment Advisor and members of the Administrative Cabinet as selected by the President.
  2. The President will ask the complainant and/or the accused to state why the facts and recommendations are not agreeable to them.  The accused and the complainant may make written representations in advance of the meeting (apart from the written complaint).
  3. The meeting will proceed under the direction of the President based on the responses to (#2) above.
  4. Any questions of anyone present are to be directed to the President who shall determine whether the question is to be asked and, if so, of whom.
  5. The accused and the complainant have the right to remain silent on any question to him/her by the President.
  6. Witnesses, if any, will be excluded from the hearing until called.  There will not be any swearing of witnesses. Questions may be directed by the President only. The President will require prior notice as to witnesses.

b)  After the requirements of section 280.720(a) have been satisfied, the Adjudication Committee shall decide upon a course of action taking into consideration all the facts of the case, the recommendation forwarded to them by the External Harassment Advisor and the consistency of the current decision with decisions made on similar cases. Should the offense(s) be found to have occurred, the Adjudication Committee shall decide upon appropriate disciplinary sanctions, up to and including dismissal.  They shall inform all the individuals concerned of their decision as soon as is reasonably possible.

 

Be still and know that I am God