An active, direct, voluntary, unimpaired, on-going and conscious choice and agreement, expressed by word or conduct, between and among persons to engage in sexual activity. A person can only consent for themselves. Consent cannot be given or received while under the influence of alcohol or drugs, while incapacitated, unconscious or otherwise incapable of consenting. Consent cannot be induced by abusing a position of power, trust or authority. Consent can be withdrawn at any time. In addition, silence is not consent.
A criminal offence under the Criminal Code R.S.C., 1985, c. C-46 of Canada. It is any type of unwanted sexual act characterized by the use of force, threat(s), or control of a person or carried out in circumstances where the person has not freely consented.
Conduct or comments of a sexually-oriented or gender-oriented nature based on gender expression, gender identity, sex or sexual orientation directed at a person or group of persons by another person or persons, who knows or ought reasonably to know that such conduct or comments are unwelcome or unwanted. It includes Sexual Assault and assisting in Sexual Harassment.
Conduct or comments constitute sexual harassment when:
- submission to such conduct or comments are made either explicitly or implicitly a term or condition of a person's employment, academic status, academic accreditation, or
- submission to or rejection of such conduct or comments by a person is used as the basis for employment, or for academic performance, status or accreditation decisions affecting such person, or
- such conduct or comments interferes with, or adversely affect, directly or indirectly, a person's work or academic environment or performance.
Examples of Sexual Harassment may include but are not limited to:
- Visual displays of sexual images;
- Unwelcome innuendos or taunting about a person's sex, sexual orientation, gender identity, gender expression (including pregnancy and breastfeeding);
- Unwelcome remarks or demands for sexual favours;
Sexual Harassment may occur:
- during a single incident, or a series of single incidents. Whether or not a single incident constitutes sexual harassment will depend on the nature and type of incident(s);
- between persons regardless of sex, sexual orientation, gender identity and gender expression;
- in the course of work, learning or living whether that occurred on-campus, off-campus or online;
- during social interactions whether on-campus, off-campus or online;
- through participation in University-related Activities, whether they occur on-campus, off campus or online.