MANCOSA

1. Consent is an affirmative decision to willingly engage in mutually acceptable sexual activity given by clear words or actions. It is an informed decision made freely and voluntarily by parties who have reached the age of majority. In order for a sexual encounter to be consensual, each participant must agree to engage in each act of sexual activity in the sexual encounter. 
2. Relying solely on non-verbal communication can lead to miscommunication about one’s intent. It is important not to make assumptions. Confusion or ambiguity may arise at any time during a sexual interaction. Therefore, it is essential that each participant clarifies his or her willingness to continue at each progression of the sexual interaction. 
3. Consent may not be inferred from silence, passivity or lack of active response alone. Furthermore, a current or previous dating or sexual relationship is not sufficient to constitute consent in every instance, and consent to one form of sexual activity does not imply consent to other forms of sexual activity. 
4. Conduct will be considered “without consent” if no clear consent, verbal or non-verbal, is given. In some situations, an individual’s ability to freely consent is taken away by another person or circumstance. Examples include, but are not limited to, when an individual is incapacitated due to alcohol or other drugs, acting under duress, physically forced, intimidated, coerced, mentally or physically impaired, unconscious, beaten, threatened, isolated or confined. 
5. The use of alcohol or drugs can limit a person’s ability to freely and clearly give consent. Alcohol and other drugs can lower inhibitions and create an atmosphere of confusion over whether or not consent has been freely and clearly given. The perspective of a reasonable person will be the basis for determining whether one should have known how the use of alcohol or drugs impacted another’s ability to give consent. 
6. Specific violations include, but are not limited to: 
7. Any uninvited, unwelcome advance, request for sexual favour, or touching or kissing of a sexual nature, where such conduct placed the victim in a position where he or she reasonably felt unable to avoid the uninvited conduct.
   
   

1. MANCOSA is committed to promoting an academic and work environment that is free from all forms of harassment and discrimination. Discrimination or harassment may be due to a person’s race, colour, national origin, sex, disability, religion, age, gender identity or expression, sexual orientation or any other characteristic protected by law, 
2. MANCOSA is committed to ensuring a safe and non-discriminatory environment that protects the constitutional rights of students, academics and staff. 
3. Acts of discrimination and harassment undermine MANCOSA's mission by threatening the careers, educational experiences, and well-being of those associated with MANCOSA. 
4. This rule expresses MANCOSA’s opposition to discrimination and harassment and assists MANCOSA to comply with national laws in relation to such misconduct. 
5. MANCOSA is committed to ensure that students, academics, staff, and visitors remain free from harassment and discrimination. As such, students, academics, staff and third-party vendors are permitted to file a complaint. 
6. Relatedly, students, academics and staff are permitted to file a complaint against a third party vendor working for MANCOSA. Following an investigation, if the third-party vendor is determined to have engaged in harassment or discrimination in violation of this policy, remedial actions will be taken up to and including restricting the individual from being on any MANCOSA premises and/or providing services to MANCOSA.
7. Prohibited Activities 
8. Sexual Harassment 
   1. Sexual harassment includes unwelcomed sexual advances, requests for sexual favours, and other verbal or physical conduct of a physical nature when: 
      1. Exposure to such conduct is made either explicitly or implicitly a term or condition of an individual's employment or student’s academic advancement; 
      2. submission to or rejection of such conduct by an individual is used as the basis for employment decisions or student academic decisions affecting such individual; or 
      3. such conduct has the purpose or effect of unlawfully interfering with an individual's work or student’s academic performance or unlawfully creating an intimidating, hostile, or offensive working or educational environment. 
   2. The following is a non-exhaustive list of actions that may constitute sexual harassment: 
      1. A demand for sexual favours accompanied by implied threats about the person's employment or student’s academic status, or implied promises of preferential treatment; 
      2. Persistent, unwelcome flirtation, requests for dates, advances or propositions of a sexual nature;
      3. Unwanted touching such as patting, pinching, hugging or repeated brushing

         against an individual's body;

      4. Repeated degrading or insulting comments that demean an individual's sexuality
         or sex;

      5. Unwarranted displays of sexually suggestive objects or pictures; or

      6. Sexual assault.

9. Other Discriminatory Harassment 

   1. Other discriminatory harassment includes any verbal or physical conduct toward another that is based on the other's race, national origin, disability, religion, age, gender identity or expression, or sexual orientation or any other characteristic protected by law, and that: 

      1. unreasonably creates an intimidating, hostile, or offensive learning and/or working environment; or 

      2. unreasonably interferes with an individual's work or a student’s academic performance. 

   2. Discriminatory harassment goes beyond the mere expression of views or thoughts (spoken or written) that an individual may find offensive. The conduct must be sufficiently serious that it unreasonably limits an individual’s ability to participate in or benefit from the educational activities of MANCOSA.
       

The alleged conduct must be evaluated from the perspective of a reasonable person in the alleged victim's position taking into account all of the circumstances involved in a particular matter.

It is a violation of MANCOSA policy to retaliate in any way against students or employees because they have raised allegations of sexual or other discriminatory harassment. Person(s) against whom the complaint is lodged also bear a responsibility to abstain from retaliatory behaviour toward the complainant(s) and/or any individual participating in the investigation.