SEXUAL VIOLENCE ON CAMPUS INVESTIGATION VITALS CURIE AGM – September 23, 2017 Presented by: Alex Pettingill - Thomas, Gold Pettingill LLP Lisa Newton - Queen’s University Janice Rubin – Rubin Thomlinson LLP

FACT SCENARIO QUESTIONS Female Student lives in a student residence, on the University campus. Access to the residence is restricted to those who have an electronic key-card. If a student who lives at the residence wants to bring a guest in, they are required to have the guest sign-in with a security guard at the residence entrance. Female Student left her residence to attend an event at a pub, off campus. The event was sponsored by the University Student Union. The University itself had no role in sponsoring or organizing this pub event. However, the University approved of Student Union posters advertising the event on University bulletin boards and in public places around the University campus. QUESTIONS What, if any relevance, does sponsorship of the event have, if something untoward happens during the event? What about after the event? If something does happen at the event, what, if any, implications are there for the University since it permitted the event to be advertised on campus? Would this be any different if the University had not actively approved the postings, but was aware that “unauthorized” postings were being put up around campus and took no steps to remove them?

FACT SCENARIO The two students had been seen dancing and kissing while at the Pub. Female Student left with a Male Student at around midnight. Female student told one of her friends as she was leaving the Pub with Male Student that she “was going to screw his brains out”. QUESTIONS Do these facts present any issue(s) concerning the issue of consent if Male & Female Students later have a sexual encounter?

Female Student invited Male Student back to her residence room. FACT SCENARIO Female Student invited Male Student back to her residence room. The security guard on duty requires Male Student to sign the guest book, indicating who he was visiting and what room; The security guard on duty did not require Male Student to produce identification. The security guard observed that both Female Student and Male Student appeared to have been drinking that night, but both were able to walk and communicate without any apparent difficulty. After Male Student had finished signing in, Female Student used her electronic key-card to take them both into the residence. QUESTIONS What are the residence rules at your institution about Guests? Do they have to sign in? Do they have to produce identification? Does the Resident have to provide identification? Of what, if any, relevance or importance are the security guard’s observations to any subsequent investigation into the events of the evening? At this point, what if any, responsibility (“duty of care”) does the Security Guard have to the Female Student?

How, if at all, does this impact the issue of consent? FACT SCENARIO Assume the Female Student had a blood alcohol level of 0.16 (twice the legal limit). QUESTIONS How, if at all, does this impact the issue of consent? How does your Policy define “consent”? Zero tolerance for any level of intoxication? Legal intoxication? Incapacitation? How would you handle a situation where 2 peer students are equally drunk and have sex?

The Female Student was wearing only her bra and underwear. FACT SCENARIO At approximately 1:30 a.m., the Don-on-Duty saw Female Student and Male Student together in a residence bathroom. The Female Student was wearing only her bra and underwear. It was obvious to the Don that Female Student was intoxicated. The Don advised Female Student and Male Student that it was “quiet hours”, and instructed them both to return her room. QUESTIONS At this point, what if any, responsibility (“duty of care”) does the Don have to the Female Student? Does your answer change if the Don had observed that BOTH students were intoxicated? At this point, what else could (or should) the Don have done? What were his options?

FACT SCENARIO At approximately 2:30 a.m., the Female Student was found sitting outside her residence room door by another student. Female Student was crying obviously very intoxicated. The student immediately called the Floor Don to advise him about Female Student’s situation. At approximately 3:00 am the Floor Don arrived on the Floor, found Female Student still sitting in the hall. She advised the Floor Don that there was a man that she did not know in her bed and had no clear recollection of how she got home from the bar. QUESTIONS At this point, what if any, responsibility (“duty of care”) does the Don have to the Female Student? Does your analysis change if the Don is the same person who saw Male & Female Students in the bathroom at 1:30 am? At this point, what should the Floor Don do?

At this point, what options are available to the security personnel? FACT SCENARIO Campus Security arrived at the residence, and Male Student was removed. QUESTIONS At this point, what options are available to the security personnel? What should they do first? Who do they need to speak with? Does it matter the order in which they speak with people (witnesses)? What records should they create?

Male Student is briefly questioned by police, and then arrested. FACT SCENARIO What if: Security services personnel arrived at the residence and called police, and… Male Student is briefly questioned by police, and then arrested. QUESTIONS Does the Male Student’s arrest by police change anything in terms of the steps Security should take? What should they do first? Who do they need to speak with? Does it matter the order in which they speak with people (witnesses)? What records should they create? Should they do nothing and wait for the Police Report? Why? Why Not?

What, if any, additional dimensions does this add? FACT SCENARIO Assume both Students had alcohol in their systems, but not in excess of the legal limit, BUT, What if the Female Student is also later found to have Ecstasy in her system? “Ex” is used recreationally, is usually taken voluntarily, but has also been known to be used to “spike” someone’s drink. QUESTIONS What, if any, additional dimensions does this add? To the Investigation? To the issue of consent? The need to involve the police?

Does your policy speak to resources available to a complainant? ADDITIONAL QUESTIONS Does your Policy address the issue of a Respondent’s rights & obligations? Does your policy speak to resources available to a complainant? How about those that might be available to a Respondent? What terminology does your policy use to refer to complainants and respondents? Was there any discussion about the use of the Term ”Survivor”? In your policy Does your policy speak to procedure in cases where Criminal Charges are laid? What interim measures does your policy allow, pending conclusion of an investigation?