Botany Code of Conduct Guidelines
Danger = any hazard, condition or activity that could reasonably be expected to be an imminent or serious threat to the life or health of a person exposed to it before the hazard or condition can be corrected or the activity altered. (Canada Labour Code, Section 122)
Immediate danger = signifies that the threat to the life or health is already present, or about to happen. Due to the immediacy of the threat, swift action is necessary to protect oneself or others.
Keeping a good record of the incident is the most important step to take for any challenging situation/dispute. The person affected should always write down (or make a video, if possible, to verbalize) with as many details as possible, as soon as possible when they still remember (who, what, where, when, etc.), and preserve any evidence (physical and/or digital) with copies outside the workplace, even though it could be painful to recall what happened. It is also important to create a reminder to self to document the progress, such as meeting notes (with any professional consultant, or a lawyer), emails from a supervisor, etc. The whole process could take some time and it may be hard to remember every detail if not documented along the way. Even when you think it is a minor incident, if you document it, you may see a pattern emerging over time.
“Sexual Misconduct” includes sexualized violence and refers to any sexual act or act targeting an individual’s sex, sexuality, gender identity, or gender expression, whether the act is physical or psychological in nature, that is committed, threatened, or attempted against an individual without that individual’s consent, either in person or online. You can find more details about UBC Policy SC17 (Sexual Misconduct and Sexualized Violence Policy) at the Office of the University Counsel’s website https://universitycounsel.ubc.ca/files/2024/12/Sexual-Misconduct-Policy_SC17.pdf .
A few key concepts:
- Sexual misconduct includes act which is psychological in nature (either in person or online).
- Consent from the person affected::
- Must be affirmatively communicated through words or actions. Consent cannot be assumed by an individual’s silence or inaction.
- Must be given for each specific sexual act. Consenting to one kind of sexual activity doesn’t mean that consent is given for another sexual activity.
- Must be ongoing throughout all sexual activity. A person can withdraw their consent at any time.
Consent cannot be obtained:
- While abusing a position of trust, power or authority.
- Through fraud or coercion.
- Due to fear of consequences, violence or retaliation (retaliation is explicitly forbidden under UBC SC 17 Policy).
Consent cannot be obtained when someone is:
- Asleep or unconscious
- Incapacitated due to ingestion of alcohol or drugs
- Under the legal age of consent in the Criminal Code (18 years old).
- Where there is a position of power or authority – UBC defines prohibited relationship as between the following:
- a. Faculty (not just the faculty member in direct line of authority), or Teaching Staff Members, or Emeriti and students;
- Staff and students;
- Coaching Staff Members and student athletes.
- The person who occupies the position of influence is responsible for avoiding a Prohibited Relationship, not the student.
Please check UBC Safety & Risk Services website https://srs.ubc.ca/emergency/emergency-response/take-action/#active-threat for more details. Rule of thumb:
- Nothing is more important than staying alive.
- There is no time to hesitate.
- Put your cell phone on silent mode.
“Discrimination is intentional or unintentional conduct, which can be individual or systemic, that imposes burdens, obligations, or disadvantages on or limits access to opportunities, benefits and advantages to specific individuals or groups as defined by the BC Human Rights Code and for which there is no bona fide and reasonable justification. Harassment that is related to one or more of the prohibited grounds of discrimination set out in the Human Rights Code is Discrimination under this Policy. Discrimination can involve individuals or groups, and it can occur during one incident or over a series of incidents including single incidents, which, in isolation, would not necessarily constitute discrimination. It is the impact on the Complainant, subject to the reasonable person test, and not the intent of the Respondent that defines the treatment as Discrimination. The reasonable person test refers to an assessment of responsibility that takes into account not only what the Complainant and Respondent actually experienced, knew, or understood about one another or the situation, but also what a reasonable person in each of their circumstances would or ought to have experienced, known, or understood.” Find more details about UBC policy SC7 at the Office of the University Counsel’s website https://universitycounsel.ubc.ca/files/2022/05/Discrimination-Policy_SC7.pdf
In British Columbia, the Human Rights Code protects individuals from discrimination based on fourteen grounds. These include Indigenous identity, race, colour, ancestry, place of origin, religion, marital status, family status, physical or mental disability, sex, sexual orientation, gender identity or expression, or age of that person or class of persons.