The number of reports of sexual misconduct at UBC decreased, while reports of discrimination and retaliation stayed constant this year, according to UBC’s Investigations Office’s annual report.
The UBC Investigations Office (IO) manages complaint processes under two policies — the sexual misconduct policy (SC17) and the discrimination policy (SC7). The IO also addresses concerns of retaliation under the retaliation policy (SC18) where the alleged retaliation would relate to a sexual misconduct or discrimination complaint.
The IO received 69 reports between May 1, 2022 to April 30, with 50 sexual misconduct reports, 16 discrimination reports and 3 retaliation reports.
Sexual misconduct reports decreased
Forty-eight reports of sexual misconduct were related to the UBC Vancouver (UBCV) campus and sixteen were for UBC Okanagan (UBCO) of sixty-four reports from April 1, 2022 to June 30, 2023.
Twenty-three reports did not meet the jurisdiction requirements of UBC’s sexual misconduct policy, SC17. As a result, the IO was unable to investigate these reports.
Thirty-nine reports were referred for an investigation and two reports were resolved through an alternative resolution process (ARP). ARP is open to students who do not want to undergo an investigation and serve to build accountability and engage a complainant and respondent in community repair, according to the IO’s website.
According to a 2022 statement, UBC IO director of investigations Carly Stanhope said factors like the safety and wellbeing of parties, an employment relationship with UBC and power imbalances can lead to a complainant not being able to undergo an ARP.
Stanhope said power imbalances are not necessarily a barrier to start ARP, but are “a factor considered and mitigated by the facilitator in conjunction with the participant,” according to a statement to The Ubyssey.
Of the 39 reports referred for investigation, 24 were investigated with 15 deemed as breaching the sexual misconduct policy. Ten investigations remain in progress, and four investigations are suspended pending other processes like criminal proceedings and human rights complaints.
Discrimination cases remain stagnant
Of 21 reports of discrimination from April 1, 2022 to June 30, 2023, 17 were related to UBCV and 4 to UBCO. Four reports did not meet the jurisdiction requirements of UBC’s discrimination policy, SC8. As a result, the IO was unable to investigate these complaints.
Fourteen reports were referred for an investigation, one was resolved through ARP and two were referred to other UBC processes. Of the investigations, one was found to not breach SC8 and four were found to breach SC8. Nine investigations remain in process.
“In general, complaints under the Discrimination Policy tend to be more complex and take longer to investigate,” read the report.
The report also said the investigations in progress include multiple allegations and most include multiple complainants and/or respondents and implicate multiple UBC policies.
Long-term trend of misconduct reporting increases
Sexual misconduct reports at UBC have decreased in the last year, which may represent “a downturn in occurrences of sexual misconduct following the COVID-19 pandemic,” since reports increased within and beyond higher education during the pandemic, read the report.
Nonetheless, the report said long-term reporting trend shows an increase in complaints since the IO was established in 2017 after the Sexual Violence and Misconduct Policy Act mandated BC post-secondary institutions to have stand-alone sexual misconduct policies.
“While we cannot conclusively identify the reason for the increase, we believe it is likely related to the outreach and education done by the IO, SVPRO and [Equity and Inclusion Office], affirming UBC community members’ right to a safe, inclusive and respectful environment, and creating trust that UBC will take complaints seriously,” read the report.
Further, the report said since the IO’s inception, complaints have become more complex, often including multiple complainants or respondents, containing multiple allegations and implicating multiple UBC policies.
New additions and moving forward
The report mentions a newly established Investigations Community of Practice. The group, co-chaired by representatives from Human Resources and the Provost’s Office, will “continually improve” the IO’s investigation processes and practices and does not discuss individual cases, said Stanhope.
Additionally, the IO is looking to improve “access to investigators with relevant lived experience,” by recruiting and retaining BIPOC investigators and working with external BIPOC investigators. Stanhope said this is because the Anti-Racism and Inclusive Excellence (ARIE) Task Force report called for BIPOC investigators to be involved during discrimination complaints concerning race.
Over the past year, the IO has expanded ARP offerings, by including professional development for IO staff on campus sexual violence restorative justice and by launching the Indigenous Peacemaking Circle pilot.
Stanhope said the Indigenous Peacemaking Circle was developed in alignment with UBC’s Indigenous Strategic Plan to provide “culturally supportive services for Indigenous community members.”
The process, led by an Indigenous facilitator, includes a guided discussion within a seated circle, the use of a talking piece and may include ceremonial openings and closings. Stanhope also said the circle’s process can adapt to reflect different cultural practices. She also said the process uses a physical medicine wheel to “work through the North, South, East and West quadrants, addressing harm from an emotional, spiritual, physical and mental perspective.”
“We created the Circle to become more responsive to the needs of Indigenous community members, who may not otherwise feel comfortable reporting concerns to the IO,” Stanhope said.
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