AN ACT TO PREVENT AND FIGHT SEXUAL VIOLENCE IN HIGHER EDUCATION INSTITUTIONS - Brief submitted by the Quebec Student Union to the Culture and ...
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AN ACT TO PREVENT AND FIGHT SEXUAL
VIOLENCE IN HIGHER EDUCATION INSTITUTIONS
Brief submitted by the Quebec Student Union to the Culture and
Education Commission as part of the Bill 151 hearings
November 2017WRITTEN BY:
Andréanne St-Gelais, researcher
REVISION:
Simon Telles, President
Catherine Grondin, Coordinator of Academic Affairs
Union Étudiante du Québec
6217 rue St-André
1-877-213-3551
unionetudiante.ca
info@unionetudiante.ca
©unionetudianteduquébec
The Quebec Student Union’s mission is to defend the rights and interests of the student
community, of its member associations, and of their members, by promoting, protecting, and
ameliorating the conditions of students and those of local and international communities.
The QSU represents more than 79,000 members from university campuses across Quebec. Its
intention is to act as the primary interlocutor for all relevant actors at the different levels of
government and with civil society organizations on matters relating to the accessibility of higher
education and the living conditions of students.
An Act to Prevent and Fight Sexual Violence in Higher Education Institutions
2TABLE OF CONTENTS
SUMMARY OF QSU PRORITIES ................................................................. 6
RECOMMENDATIONS................................................................................. 7
INTRODUCTION ....................................................................................... 12
1. CONTEXT AND ISSUE .......................................................................... 13
2. GOVERNMENTAL STRATEGY TO PREVENT AND COUNTER SEXUAL
VIOLENCE 2016-2021 ............................................................................ 17
3. RESPONSE STRATEGY TO PREVENT AND COUNTER SEXUAL VIOLENCE IN
HIGHER EDUCATION ............................................................................... 18
4. BILL 151 – AN ACT TO PREVENT AND FIGHT SEXUAL VIOLENCE IN HIGHER
EDUCATION INSTITUTIONS ...................................................................... 19
4.1 Article 3 .................................................................................................. 19
4.1.1 Clause 2, paragraph 2 ....................................................................................... 20
4.1.2 Clause 2, paragraph 3 ....................................................................................... 21
4.1.3 Clause 2, paragraph 4 ....................................................................................... 21
4.1.4 Clause 2, paragraph 5 ....................................................................................... 22
4.1.5 Clause 2, paragraph 6 ....................................................................................... 23
4.1.6 Clause 2, paragraph 7 ....................................................................................... 23
4.1.7 Clause 2, paragraph 10 ..................................................................................... 25
4.1.8 Clause 2, paragraph 11 ..................................................................................... 26
4.1.9 Clause 2, paragraph 12 ..................................................................................... 26
4.1.10 Clause 3 .......................................................................................................... 27
4.2 Article 4 .................................................................................................. 28
4.3 Article 6 .................................................................................................. 29
4.4 Article 9 .................................................................................................. 29
An Act to Prevent and Fight Sexual Violence in Higher Education Institutions
34.5 Article 11 ................................................................................................ 30
4.6 Article 13 ................................................................................................ 31
4.7 Article 16 ................................................................................................ 31
4.8 Additional Articles .................................................................................. 32
4.8.1 Declaration of Commitment Against Sexual Violence ........................................ 32
4.8.2 Declaration Forbidding Reprisals ....................................................................... 32
4.8.3 Measures Facilitating the Filing of Complaints .................................................. 32
4.8.4 University Residences ....................................................................................... 33
4.8.5 Minimum Measures for Disciplinary Committees Carrying Out The Policy to
Prevent and Fight Sexual Violence............................................................................. 33
4.8.6 Urging Against Forbidding Orientation Activities or Social Activities on Higher
Education Establishment Campuses .......................................................................... 34
4.8.7 Support for Research on Sexual Violence in Higher Education ......................... 35
4.8.8 Action Plan for Carrying Out the Policy to Prevent and Fight Sexual Violence .. 35
4.8.9 Complaint Process for the Ministry of Education and Higher Education (MEES)
................................................................................................................................... 36
4.8.10 Review of the Intervention Strategy for Preventing and Countering Sexual
Violence in Higher Education...................................................................................... 36
5. FUNDING ............................................................................................ 37
CONCLUSION.......................................................................................... 38
BIBLIOGRAPHY ....................................................................................... 39
An Act to Prevent and Fight Sexual Violence in Higher Education Institutions
4LIST OF ACRONYMS
AVEQ Association for the Voice of Education in Québec
BCI Bureau de coopération interuniversitaire
CSQ Centrale des syndicats du Québec
ESSIMU Enquête Sexualité, Sécurité et Interactions en Milieu Universitaire
FAÉCUM Fédération des associations étudiantes du campus de l’Université de
Montréal
FECQ Fédération étudiante collégiale du Québec
GT-PHS Groupe de travail sur les politiques et procédures en matière de
harcèlement sexuel et de violence sexuelle
MEES Ministère de l’Éducation et de l’Enseignement supérieur
QIP Quebec Infrastructure Plan
QCVS Québec Contre les Violences Sexuelles
RéQEF Réseau québécois en études féministes [Quebec Ne
SOCN Without a Yes, It’s a No! [Sans oui, c’est non !]
QSU Quebec Student Union
UQAM Université du Québec à Montréal
VSMU Violence sexuelle vécue en milieu universitaire [Sexual violence at
universities]
An Act to Prevent and Fight Sexual Violence in Higher Education Institutions
5SUMMARY OF QSU PRIORITIES
This brief contains many recommendations intended to improve Bill 151: An Act to prevent and
fight sexual violence in higher education institutions. First, the QSU wishes to underline its
approval of several modalities written into the current bill. Notable among those are the
establishment of a separate policy dealing with sexual violence within each higher educational
institution, the grouping of help and support services for sexual violence survivors with a dedicated
location for them, and the accountability measures. These elements must absolutely be central
in the final version of the bill.
Additionally, of the recommendations collected in this brief, some are crucial. In particular, several
recommendations contribute to putting survivors at the heart of the policies intended to prevent
and fight sexual violence in higher education. On that subject, the QSU is emphatic: it’s essential
that all actions supporting the prevention of and fight against sexual violence must be
taken while considering first and foremost the needs and wellbeing of survivors. Among
its various recommendations, the QSU regards as fundamental the ones that concern minority
groups (R. 2), potential recourses for survivors (R. 8 and 30), and certain protection measures for
those who choose to file a complaint against their higher educational institution (R. 9, 10, 12, and
17). Likewise, the bill should take a much stronger stance on the question of relationships
between faculty members and students. It should go so far as to forbid them, with the exception
of ones which predate the direct link of authority between the two (Section 4.1.10).
Finally, the recommendations on the offered mandatory training (R. 4), on the timelines applicable
to complaints and disclosures (R. 14 and 15), on the intended requirement for higher educational
institutions to develop action plans to address sexual violence (R. 36), and on the necessity for
sufficient and recurring governmental funding, are all key measures of this brief.
An Act to Prevent and Fight Sexual Violence in Higher Education Institutions
6RECOMMENDATIONS
Recommendation 1
That Bill 151 specify that the policy established by each higher education institution to prevent and
fight sexual violence should apply to everyone associated with the higher education institution.
Recommendation 2
That Bill 151 specify that the prevention and awareness-raising measures intended to address
sexual violence should take into account the communities at greater risk of suffering this violence,
particularly persons with disabilities, persons from Indigenous communities, and persons from
visible, sexual, and gender minorities.
Recommendation 3
That Bill 151 specify that the prevention and awareness-raising measures established by higher
education institutions and intended to address sexual violence should at a minimum cover issues
of consent, accountability for persons who commit acts of aggression, and the responsibility of
bystanders to promote supportive attitudes during a disclosure situation.
Recommendation 4
That Bill 151 specify that mandatory trainings should be offered to all students by higher education
institutions.
Recommendation 5
That Bill 151 specify that additional security measures established by higher education institutions
to fight sexual violence should comply with the procedures determined by the Ministry of Education
and Higher Education.
Recommendation 6
That Bill 151 specify that the rules for activities should apply to all higher education institution
activities, whether on-campus or elsewhere.
Recommendation 7
That Bill 151 specify that the rules for social or orientation activities organized by persons affiliated
with a higher education institution should plan to include a post-event feedback process whose
results will be shared with all parties involved.
Recommendation 8
That Bill 151 specify that each higher education institution’s policy to prevent and fight sexual
violence should clearly detail each potential recourse for survivors and clarify that each recourse
constitutes a separate action.
Recommendation 9
That Bill 151 establish procedures for filing complaints and disclosures to be incorporated into
higher education institutions’ policies to prevent and fight sexual violence, so as to avoid forcing
survivors to repeat their testimony multiple times.
An Act to Prevent and Fight Sexual Violence in Higher Education Institutions
7Recommendation 10
That Article 3, clause 2, paragraph 7 of Bill 151 clearly specify that the protection measures within
each higher education institution’s policy to prevent and fight sexual violence should protect
persons who have filed a complaint or made a disclosure.
Recommendation 11
That Bill 151 clearly state that the complaints and disclosures process must be impartial and
equitable, and seen as such by the whole community of the higher education institution.
Recommendation 12
That Bill 151 specify that the complaints and disclosures process may not force the survivor and
their assailant to have direct contact with each other.
Recommendation 13
That Bill 151 specify that an appeals process should be incorporated into the procedure for
complaints filed under a higher education institution’s policy to prevent and fight sexual violence.
Recommendation 14
That Article 3, clause 2, paragraph 10 of Bill 151 specify that all required procedures following the
filing of a complaint must be completed within a maximum of 45 days.
Recommendation 15
That Bill 151 forbid the incorporation of any limitation period for filing a complaint or disclosure in
a higher education institution’s policy to prevent and fight sexual violence.
Recommendation 16
That Bill 151 require higher education institutions to include within their policies to prevent and
fight sexual violence a statement that the end of affiliation between a person and an institution
does not result in the end of the complaints process, except by that person’s explicit request.
Recommendation 17
That Bill 151 forbid any measure which results in the silencing of persons who have filed a
complaint or disclosure under a higher education institution’s policy to prevent and fight sexual
violence.
Repeated Recommendation
That sanctions be developed in order to ensure a relative concordance throughout the university
network.
Recommendation 18
That Bill 151 compel higher education institutions to implement the recommendations issued by
the advisory committee charged with studying the issues arising from the investigation or
aftermath of a disclosure or administrative complaint in the Quebec Ministry of Education and
Higher Education’s Intervention Strategy for Preventing and Countering Sexual Violence in Higher
Education [Government strategy to prevent and oppose sexual violence in higher education].
Repeated Recommendation
An Act to Prevent and Fight Sexual Violence in Higher Education Institutions
8That administrative sanctions be developed through a collective process involving university
administrators, labour unions, and student associations, such that the consequences of these
actions will be widely known.
Recommendation 19
That students be included as members of the advisory committee charged with studying the issues
arising from the investigation or aftermath of a disclosure or administrative complaint in the
Quebec Ministry of Education and Higher Education’s Intervention Strategy for Preventing and
Countering Sexual Violence in Higher Education [Government strategy to prevent and oppose
sexual violence in higher education].
Amendment to Recommendation
That Bill 151 establish that sexual relations between faculty members and students over which
they have a direct link of authority be explicitly prohibited and punished, excluding relationships
that predate such a link of authority.
Recommendation 20
That Bill 151 specify that information about available services and resources on sexual violence
should at minimum be collected on the same website as a higher education institution’s curricula.
Recommendation 21
That Bill 151 establish a local permanent committee within each higher education institution which
will develop or revise the institution’s policy to prevent and fight sexual violence, monitor its
implementation, and prepare the reports associated with it.
Recommendation 22
That Bill 151 specify that each local permanent committee should be composed of all the groups
represented within its higher education institution.
Repeated Recommendation
That the policies and regulations adopted be made public.
Recommendation 23
That Bill 151 require higher education institutions to make their policies to prevent and fight sexual
violence public.
Recommendation 24
That Article 11 of Bill 151 require higher education institutions to include in their annual report an
evaluation of their policies, prevention programs, support services, and response programs for
preventing and fighting sexual violence.
Repeated Recommendation
That the audiences held under Law 95 be expanded to include testimony by student associations,
following the presentation made by their university’s administrators.
Recommendation 25
That Bill 151 amend the Act Respecting Educational Institutions at the University Level by
requiring, in the audiences held under that Act, a report on the prevention and fight against sexual
violence in universities.
An Act to Prevent and Fight Sexual Violence in Higher Education Institutions
9Recommendation 26
That Bill 151 amend the Act Respecting Educational Institutions at the University Level by
permitting groups from the university community to participate in the auditions held under that Act.
Recommendation 27
That Article 13 of Bill 151 specify that only higher education institutions whose policies to prevent
and fight sexual violence fully comply with the measures required by the law be displayed on the
Ministry’s website.
Recommendation 28
That Bill 151 require higher education institutions to sign the declaration of commitment against
sexual violence established by the Quebec government.
Recommendation 29
That Bill 151 require higher education institutions to include in their policies to prevent and fight
sexual violence a declaration forbidding reprisals against persons who file a complaint and
establishing disciplinary measures for attempted reprisals.
Recommendation 30
That Bill 151 specify that a higher education institution’s policy to prevent and fight sexual violence
should permit disclosures to be filed at any time and accept disclosures filed anonymously or by
a third party.
Recommendation 31
That Bill 151 require a higher education institution to include its policy to prevent and fight sexual
violence in its lease agreement for student residences, where applicable.
Recommendation 32
That Bill 151 specify that, when a higher education institution’s policy to prevent and fight sexual
violence establishes a disciplinary committee, a student be included on that committee when a
complaint is filed by or against a student.
Recommendation 33
That Bill 151 specify that, when a higher education institution’s policy to prevent and fight sexual
violence establishes a disciplinary committee, measures be put in place to avoid inflicting
additional trauma on survivors via their testimony before that committee.
Recommendation 34
That Bill 151 explicitly mention that measures forbidding social or orientation activities should be
taken only as a last resort by a higher education institution’s administration.
Recommendation 35
That Bill 151 specify that higher education institutions should participate in research projects on
sexual violence supported by the Quebec government.
Recommendation 36
An Act to Prevent and Fight Sexual Violence in Higher Education Institutions
10That Bill 151 require higher education institutions to adopt an action plan for the implementation
of their policies to prevent and fight sexual violence and that these action plans be included in the
reports required by the Ministry of Education and Higher Education.
Recommendation 37
That Bill 151 establish a process for complaints to the Ministry of Education and Higher Education
for survivors who, having exhausted their recourses, feel that their rights have not been respected
or that their higher education institution has failed to meet its legal obligations.
Recommendation 38
That Bill 151 establish that the Ministry of Education and Higher Education’s Intervention Strategy
for Preventing and Countering Sexual Violence in Higher Education be updated every five years.
Amendment to the Position
That recurring, indexed, and public funds be made available in a budgetary envelope wholly
distinct from higher education institutions’ existing budgets to allow them to carry out the measures
required by Bill 151.
Recommendation 39
That the Ministry of Education and Higher Education and the Secrétariat à la condition féminine
[Status of Women Secretariat] provide recurring funding to national campaigns to prevent and
fight sexual violence in Quebec’s higher education institutions.
An Act to Prevent and Fight Sexual Violence in Higher Education Institutions
11INTRODUCTION
This brief on Bill 151: An Act to Prevent and Fight Sexual Violence in Higher Education Institutions
is submitted to the Culture and Education Commission as part of the Bill 151 hearings. It will
present first the issue and its context, as well as the documents used in composing this brief.
Next, it will present the reactions of the Quebec Student Union (QSU) to the Stratégie
gouvernemental pour prévenir et contrer les violences sexuelles 2016-2021 [Government strategy
to prevent and oppose sexual violence] (Government of Quebec, 2016) and the Intervention
Strategy for Preventing and Countering Sexual Violence in Higher Education (Government of
Quebec, 2017). The brief also gives several recommendations for improving the bill of the Act to
Prevent and Fight Sexual Violence in Higher Education Institutions. Finally, it emphasizes the
importance of setting aside sufficient funding for higher education institutions to carry out the bill’s
required measures.
An Act to Prevent and Fight Sexual Violence in Higher Education Institutions
121. CONTEXT AND ISSUE
The issue of sexual violence is a longstanding one, and constitutes “a serious problem in Quebec”
(QSU, 2017a, p. 6). In total, police reported 5,340 sexual offenses in 2014 (Government of
Quebec, 2016). However, “only an estimated 5% of sexual assaults are reported” (Government
of Quebec, 2016; translated from the original). Here as elsewhere, “unfortunately, universities are
no exception. Like many other social environments, universities reproduce the same dynamics
and norms found throughout Quebec society” (QSU, 2017a, p. 6). “The results of the ESSIMU
survey [Enquête Sexualité, Sécurité et Interactions en Milieu Universitaire, which surveyed
students, faculty, and employees] confirm that sexual violence is certainly present in Quebec
universities and affects many persons who work or study there” (Bergeron et al, 2016, p. 56;
translated from the original). Indeed, that study, which was carried out in six Quebec universities,
reported that “more than a third of (...) [respondents] (...) [have experienced] at least one form of
sexual victimization committed by another person affiliated with the university since arriving there”
(Bergeron et al, 2016, p. ii; translated from the original). Less than 10% of them reported the
situation to their university. The ESSIMU survey also found that many kinds of prejudice about
sexual violence “which blame the victims, minimize sexual violence, and remove responsibility
from the individuals who commit those acts” (Bergeron et al, 2016, p. iii; translated from the
original) continued to exist within Quebec university communities.
[According to ESSIMU], some contexts seemed more conducive to situations of SVU [violence
sexuelle vécues en milieu universitaire (sexual violence at universities)]. The situations where
SVU was most frequently reported occurred in social/festive activities (excluding orientations),
but also in daily activities of teaching, study, or work (in a course, group work, internship,
dissertation, thesis, etc.) While student orientations remain an area of concern, these results
show clearly that sexual violence is not limited to that context (Bergeron et al, 2016, p. 58;
translated from the original).
Over the last few years, the month of September has regularly featured a media denunciation of
degrading sexual activities taking place in university orientations (Radio-Canada, 2005; Radio-
Canada, 2006; Lemieux-Couture, 2013; Mathon, 2013; Gosselin, 2014; Moreau, 2015; Blais-
Gauthier, 2016; Cloutier, 2016a; Teisceira-Lessard, 2016). In response to this situation, various
measures have gradually been put into place by student associations and universities to avoid
such problems: awareness months, mandatory trainings, prevention campaigns, guards, etc
(Julien, 2014; Radio-Canada, 2016a; Radio-Canada, 2016b; Dion-Viens, 2017a; Radio-Canada,
2017c ; Université de Sherbrooke, n.d.). However, these initiatives have been carried out by
Quebec higher education institutions on a patchwork basis, since to date no governmental
An Act to Prevent and Fight Sexual Violence in Higher Education Institutions
13measures or financial support have been set up to regulate them. This situation has been
criticized on multiple occasions by the organization Québec Contre les Violences Sexuelles
(QCVS) since its creation in October 2016 (QCVS, n.d.).
Following the events that occurred at the start of the school year in 2016, the Minister responsible
for Higher Education, Hélène David, clearly indicated her desire to put measures in place to
eradicate sexual violence from Quebec’s higher education institutions (Ruel-Manseau, 2016). In
particular, she promised to set up “extremely strict” guidelines (David, quoted in Radio-Canada,
2016f; translated from the original), based on “best practices for preventing sexual violence”
(Radio-Canada, 2017b; translated from the original). Less than a month later, in October 2016, a
series of sexual assaults at the Université Laval residence halls reinforced the need for urgent
action (Cloutier, 2016b). Five Journées de réflexion pour prévenir et contrer les violences à
caractère sexuel dans les campus et les collèges du Québec [Days of Reflection on Preventing
and Fighting Sexual Violence in Quebec Campuses and Colleges] were thus held “between
January and March of 2017 in Montreal, Quebec City, Saguenay, Gatineau, and Sherbrooke”
(Cloutier, 2016b; translated from the original). In these meetings, three topics were discussed:
“prevention, safety, and the complaints process” (Nadeau, 2017a; translated from the original).
This led, in August 2017, to the Intervention Strategy for Preventing and Countering Sexual
Violence in Higher Education [Government strategy to prevent and oppose sexual violence in
higher education] (Dion and Lavallée, 2017). “Focusing on six main areas for action: prevention,
investigation of accusations, assistance for victims, safety of places and persons, oversight, and
working in concert” (Lévesque, 2017b; translated from the original), it was accompanied by $23 M
in funding over five years (Dion and Lavallée, 2017). After the strategy was released, Minister
David promised that framework legislation on the subject would be put before the National
Assembly by the end of 2017 (Elkouri, 2017b).
In the meantime, Lise Thériault, then Minister for the Status of Women, released in October 2016
the Stratégie gouvernementale pour prévenir et contrer les violences sexuelles 2016-2021
[Government strategy to prevent and oppose sexual violence, 2016-2021], entitled “Les violence
sexuelles, c’est non!” (Radio-Canada, 2016f). This followed upon the discussions that took place
after the wave of assault reports of the #AgressionNonDénoncée [#BeenRapedNeverReported]
in 2014 (Government of Quebec, 2016f; Bélair-Cirino, 2016). In total, this strategy united 12
ministries and government agencies and included 55 action items “including prevention measures
An Act to Prevent and Fight Sexual Violence in Higher Education Institutions
14as well as psychosocial, medical, legal, police, and correctional measures” (Déry, 2016; translated
from the original). It was accompanied by $200 M in funding over five years.
Since the start of the 2017-2018 academic year, the “zero tolerance” policy (Lévesque, 2017a)
supported by Minister David, and the various anti-sexual violence measures carried out by student
associations and higher education institutions, especially during orientations, seem to have paid
off. Université Laval estimates that “orientation and frosh events went smoothly in 98% of cases”
during the start of the last school year (Dion-Viens, 2017c; translated from the original). Université
de Montréal emphasized the work of some student associations in organizing excellent orientation
activities (Université de Montréal, 2017). Nonetheless, some problems were reported, which
demonstrates that there is further work to be done in prevention and awareness raising (Cloutier,
2017; Payant, 2017).
As for Minister David’s promise, a bill was introduced to the National Assembly in November 2017,
to build upon the Intervention Strategy for Preventing and Countering Sexual Violence in Higher
Education (Government of Quebec, 2017). The introduction of Bill 151, which was named An Act
to Prevent and Fight Sexual Violence in Higher Education Institutions, occurred just after a wave
of assault reports shook the whole of Quebec, amid the wider #MoiAussi (#MeToo) and
#BalanceTonPorc movements (Robichaud, 2017). This wave of reports prompted the government
to set aside a million dollars in emergency funds for organizations working to help survivors of
sexual assault (Richer, 2017a). However, there is currently no information on exactly how these
funds will be allocated. A forum to prevent sexual assault and support victims will be held in
December 2017 (Lecavalier, 2017). This forum is among the action items called for by the
Stratégie gouvernementale pour prévenir et contrer les violences sexuelles 2016-2021
[Government strategy to prevent and oppose sexual violence, 2016-2021] (Government of
Quebec, 2016).
Throughout the entire consultation process which led to the introduction of Bill 151, many
organizations contributed to the discussion around sexual violence in higher education, and issued
various recommendations. Among them, some have suggested particularly useful lines of thought
for choosing exactly which elements to include in a bill to eradicate sexual violence in higher
education. On that subject, we will mention above all the 16 demands that QCVS issued in
October 2016. There were also many extensive reports containing thorough recommendations.
First, a working group on policies and procedures related to sexual harassment and sexual
violence (GT-PHS) issued a report entitled Le harcèlement et les violences à caractère sexuel
An Act to Prevent and Fight Sexual Violence in Higher Education Institutions
15dans le milieu universitaire [Harassment and Sexual Violence in Universities]. This report, which
was adopted in October 2016 by the Bureau de coopération interuniversitaire (BCI), included more
than 70 recommendations, organized into 7 categories, for universities. Next, the ESSIMU report,
released in December 2016, suggested 15 measures, organized by 6 areas of approach, to
eradicate sexual violence in Quebec higher education institutions. Lastly, several more
recommendations were offered in the “Sans oui, c’est non!” [Without a Yes, it’s No!] organization’s
consultation report, entitled Les situations à risque et les meilleures pratiques de prévention et
d’intervention dans le contexte des activités d’accueil en milieu universitaire [Risky situations and
best practices for prevention and response in the context of university orientation activities] (2017).
The recommendations in these reports, as well as the report filed by the QSU during the Journées
de réflexion pour prévenir et contrer les violences à caractère sexuel dans les campus et les
collèges du Québec [Days of Reflection on Preventing and Fighting Sexual Violence in Quebec
Campuses and Colleges], were incorporated in the creation of this brief, by which we hope to
improve Bill 151.
In addition to the literature produced in Quebec over the last year, this brief draws on best practices
documented elsewhere in Canada and in the United States. In Canada, several provinces have
passed sexual violence legislation (Shen, 2017). Legislation from Ontario, British Columbia, and
Manitoba feature particularly in this brief, along with selected university policies. In the United
States, two documents -- a Dear Colleague letter and a list of recommendations -- directed the
implementation of the Title IX law on sexual violence on American university campuses. However,
in 2017, the Trump administration rescinded these documents in favor of new ones which are less
stringent for university administrations (Agence France-Press, 2017). This decision has been
widely criticized by many sexual violence survivors’ groups (Agence France-Press, 2017). For
this reason, we have included the recommendations in those sets of documents in this brief.
An Act to Prevent and Fight Sexual Violence in Higher Education Institutions
162. STRATÉGIE GOUVERNEMENTALE POUR PRÉVENIR ET CONTRER
LES VIOLENCES SEXUELLES 2016-2021
Of the 55 action items in the Stratégie gouvernementale pour prévenir et contrer les violences
sexuelles 2016-2021 [Government strategy to prevent and oppose sexual violence, 2016-2021],
three are especially relevant for higher education. The first action item is to “carry out sexual
violence awareness campaigns” (Government of Quebec, 2016, p. 30; translated from the
original). The ninth is to “adopt a framework policy or a framework law for colleges and universities
to make a commitment to preventing and fighting sexual violence involving students” (Government
of Quebec, 2016, p. 33; translated from the original). The tenth is to “work together to carry out
mobilization initiatives within higher education institutions to prevent sexual violence”
(Government of Quebec, 2016, p. 33; translated from the original). The strategy also states that
certain other action items, including those focusing on sports and on persons of ethnically diverse
backgrounds, were created in collaboration with the Ministry of Education and Higher Education
(MEES) (Government of Quebec, 2016). The strategy proposes broad action items which can
encompass all of the recommendations within this report. In addition, it specifically stipulates in
its ninth action item that a framework law be put in place to eradicate sexual violence in higher
education institutions (Government of Quebec, 2016).
An Act to Prevent and Fight Sexual Violence in Higher Education Institutions
173. INTERVENTION STRATEGY FOR PREVENTING AND COUNTERING
SEXUAL VIOLENCE IN HIGHER EDUCATION
The Intervention Strategy for Preventing and Countering Sexual Violence in Higher Education
(Government of Quebec, 2017) was welcomed by most groups that participated in the Journées
[Days of Reflection on Preventing and Fighting Sexual Violence in Quebec Campuses and
Colleges] (AVEQ, 2017; CSQ, 2017; Fradette and Lemelin, 2017; FECQ and QSU, 2017; Radio-
Canada, 2017b; Radio-Canada, 2017d; SOCN, 2017a). Some criticisms were leveled, including
that many elements of the strategy lacked specificity, that no accountability measures for
university administrations’ compliance were included, and that there was no detailed allocation of
the $23 M set aside when the strategy was launched (Radio-Canada, 2017d). Minister David,
however, stressed that it would be possible to clarify certain elements and demand a budget for
the funds in question (Nadeau, 2017j).
However, some of the measures put forth in the strategy have not been specifically included in Bill
151. This poses a problem, since nothing will force higher education institutions to implement
those measures. Therefore, important measures from the strategy could fall by the wayside, which
would hinder the fight against sexual violence in Quebec higher education. The recommendations
set forth in this brief thus include many measures called for in the Intervention Strategy for
Preventing and Countering Sexual Violence in Higher Education [Intervention Strategy for
Preventing and Countering Sexual Violence in Higher Education].
An Act to Prevent and Fight Sexual Violence in Higher Education Institutions
184. BILL 151: AN ACT TO PREVENT AND FIGHT SEXUAL VIOLENCE IN
HIGHER EDUCATION INSTITUTIONS
As a whole, Bill 151 was welcomed with approval by many organizations involved in the fight
against sexual violence (Duchesne, 2017; Durand, 2017; FECQ and QSU, 2017; Radio-Canada,
2017g). The fact that it requires each higher education institution to adopt a distinct policy against
sexual violence shows that the bill is willing to deal with the issue head-on. The requirements for
that policy -- especially that it must include mandatory training, a dedicated location for support
services for sexual violence survivors, and a code of conduct for relationships that may occur
between persons with a link of authority between them -- are particularly worthwhile elements
which absolutely must be retained in the final bill. Likewise, the policy review process and
accountability measures required for higher education institutions are essential parts of the bill.
Although the bill contains numerous measures important for effectively fighting sexual violence,
some articles ought to be clarified or improved. To that end, the next sections of this brief will
present the QSU’s recommendations for each article.
4.1 ARTICLE 3
Article 3, clause 1 requires all higher education institutions to commit to a “policy to prevent and
fight sexual violence” (Quebec, 2017, p. 4). Clause 2 of the same article specifies that this policy
should be “separate from the institution’s other policies.” (Quebec, 2017, p. 4), which is extremely
important in indicating universities’ concrete commitment to the fight against sexual violence.
However, even though this was explicitly stipulated as the first action item in the “Framework” area
in the Intervention Strategy for Preventing and Countering Sexual Violence in Higher Education
(Government of Quebec, 2017), the article doesn’t specify that this policy should apply to all
persons who attend a higher education institution: students, employees, staff, and visitors (Our
Turn, 2017). This is especially important to ensure that everyone feels that the policy is relevant
to them and that similar measures will be applied to the same acts, regardless of the person’s
status within the university.
Recommendation 1
That Bill 151 specify that the policy established by each higher education institution to
prevent and fight sexual violence should apply to everyone associated with the higher
education institution.
An Act to Prevent and Fight Sexual Violence in Higher Education Institutions
194.1.1 Clause 2, paragraph 2
Article 3, clause 2, paragraph 2 requires higher education institutions to set up “prevention and
awareness-raising measures (...) including training activities” (Quebec, 2017, p. 4) as part of their
anti-sexual violence policies. This type of measure is essential to effectively fighting sexual
violence (BCI, 2016). However, certain populations are at greater risk of experiencing sexual
violence. “Women who are immigrants, indigenous, from visible minorities, affected by mental
health issues, or living with a disability are four times more likely to suffer a sexual assault” (BCI,
2016, p. 25; translated from the original). Persons from sexual or gender minorities are also more
likely to suffer from various kinds of sexual violence (Bergeron et al, 2016; BCI, 2016). Therefore,
in order to be truly effective, awareness-raising and prevention measures need to be adapted to
these populations. Additionally, this is specifically stipulated in the second action item of the
“Supporting People” area of the Intervention Strategy for Preventing and Countering Sexual
Violence in Higher Education (Government of Quebec, 2017). To ensure that these populations’
characteristics are taken into account in all awareness and prevention measures carried out in
higher education institutions, the bill’s requirements must absolutely include that as mandatory.
Recommendation 2
That Bill 151 specify that the prevention and awareness-raising measures intended to
address sexual violence should take into account communities at greater risk of suffering
this violence, particularly persons with disabilities, persons from Indigenous communities,
and persons from visible, sexual, and gender minorities
Furthermore, certain fundamental aspects must be addressed by awareness-raising campaigns
in higher education institutions. In particular, these campaigns must facilitate “putting
responsibility on aggressors and taking blame away from victims (...), discussing sexual violence
of all types (...), promoting supportive attitudes [in a disclosure situation] (...) [and] empowering
witnesses and bystanders to act” (QCVS, n.d.). The importance of these aspects in ensuring
effective prevention and awareness-raising measures is emphasized in the ESSIMU report
(Bergeron et al, 2016) as well as in the BCI report (2016). These two reports also stress the
importance of integrating ideas of consent into prevention and awareness-raising measures in
higher education institutions.
An Act to Prevent and Fight Sexual Violence in Higher Education Institutions
20Recommendation 3
That Bill 151 specify that the prevention and awareness-raising measures established by
higher education institutions and intended to address sexual violence should at a minimum
cover issues of consent, accountability for persons who commit acts of aggression, and
the responsibility of bystanders to promote supportive attitudes during a disclosure
situation.
4.1.2 Clause 2, paragraph 3
Article 3, clause 2, paragraph 3 stipulates that the policy developed by each higher education
institution should include “mandatory training activities for officers, personnel members and
student association representatives” (Quebec, 2017, p. 4). This measure is extremely useful so
that the people most likely to receive a disclosure are ready and able to react appropriately.
However, it would seem that persons who have experienced sexual violence are more likely to
disclose first to their friends (National Institute of Justice, 2005). Since reactions to a disclosure
can have a major impact on a survivor (Bergeron et al, 2016; BCI, 2016; QCVS, n.d.), it’s essential
that the entire student body receive mandatory training on the subject. Indeed, any of them might
someday receive a disclosure from one of their classmates, or intervene as an active witness in a
sexual violence situation. Additionally, if we are to completely eradicate sexual violence from
higher education institutions, every person must understand principles of consent. A measure of
this sort is already in place at Université Bishop’s, which “now offers [sexual violence] training
which is mandatory for all first-year students” (Pion, 2016; translated from the original), and at
many American universities (Bryan, 2016).
Recommendation 4
That Bill 151 specify that mandatory trainings should be offered to all students by higher
education institutions.
4.1.3 Clause 2, paragraph 4
Article 3, clause 2, paragraph 4 addresses safety measures at higher education institutions. The
Intervention Strategy for Preventing and Countering Sexual Violence in Higher Education noted
that “the Ministry of Education and Higher Education will make available to educational institutions
a document which will assist them in making decisions on safety improvements” (Government of
Quebec, 2017, p. 28; translated from the original). It would thus be useful for the bill to specify
that higher education institutions should submit to the provisions specified in that document. In
particular, this would ensure that the safety measures would be effective and developed in
collaboration with the student body and university staff.
An Act to Prevent and Fight Sexual Violence in Higher Education Institutions
21Recommendation 5
That Bill 151 specify that additional safety measures established by higher education
institutions to fight sexual violence should comply with the procedures determined by the
Ministry of Education and Higher Education.
4.1.4 Clause 2, paragraph 5
Article 3, clause 2, paragraph 5 deals with the establishment of rules “about social or welcoming
activities organized” by persons affiliated with a higher education institution (Quebec, 2017, p. 4;
translated from the original). Unquestionably, rules are essential to avoid continued issues of the
sort observed in the past. However, further specificity is necessary to make sure that certain
fundamental elements are included in these rules.
First, the bill must specify that these rules apply to all activities of a higher education institution,
rather than only to social activities and orientation activities. Additionally, the rules should apply
whether these activities take place on or off the higher education institution’s campus (RéQEF,
2016; SOCN, 2017b; QSU, 2017a; QCVS, n.d.). These measures are already in place at certain
Quebec universities, particularly at Université de Montréal, which applies its Disciplinary Rule
Regarding Students “for infractions committed on the Campus or outside of it, at university
Activities” (Université de Montréal, 2015a, p. 7; translated from the original).
Recommendation 6
That Bill 151 specify that the rules for activities should apply to all higher education
institution activities, whether on-campus or elsewhere.
Similarly, the rules regarding orientation activities should specify the post-activity feedback
processes (SOCN, 2017b). These processes could take different forms: “survey of new students,
(...) report of activities (...) [,] post-mortem meeting” (SOCN, 2017b, p. 94; translated from the
original). Once data is gathered, it should be shared with all parties involved.
[For example,] at Université Laval, an electronic survey was distributed to new students to
collect their perception and assessment of the orientation activities they experienced. Student
Services then ensured a follow-up with the administration of each faculty and with student
associations whose orientation events received complaints or negative survey results. (SOCN,
2017b, p. 51)
Recommendation 7
That Bill 151 specify that the rules for social or orientation activities organized by persons
affiliated with a higher education institution should plan to include a post-event feedback
process whose results will be shared with all parties involved.
An Act to Prevent and Fight Sexual Violence in Higher Education Institutions
224.1.5 Clause 2, paragraph 6
Clause 2, paragraph 6 states that higher education institutions should state “procedures for
reporting incidents of sexual violence to the educational institution or for filing complaints with or
disclosing information to the institution in connection with such incidents” (Quebec, 2017, p. 4) in
their policy. Indeed, this is essential for survivors to be adequately informed about the resources
available to them. However, it is not enough to list the complaint and disclosure options available
to a survivor within their university. They must also be informed of the options available in civil
society. Accordingly, higher education institutions should include in their policies “a statement
detailing each possible action (disclosure, complaint, informal administrative action, arbitration,
investigation, legal proceedings, etc.) and specifying that they constitute separate actions”
(Bergeron et al, 2017, p. 67; translated from the original).
Recommendation 8
That Bill 151 specify that each higher education institution’s policy to prevent and fight
sexual violence should clearly detail each potential recourse for survivors and clarify that
each recourse constitutes a separate action.
Furthermore, the procedure for filing a complaint or disclosure should ensure that the survivor is
required to tell their story as few times as possible (Bergeron et al, 2016; QCVS, n.d.). This is
important because “Retelling is essentially re-living the experience, which can cause survivors to
feel re-traumatized.” (Government of Manitoba, n.d.).
Recommendation 9
That Bill 151 establish procedures for filing complaints and disclosures to be incorporated
into higher education institutions’ policies to prevent and fight sexual violence, so as to
avoid forcing survivors to repeat their testimony multiple times.
4.1.6 Clause 2, paragraph 7
Article 3, clause 2, paragraph 7 seeks to protect persons who have suffered sexual violence. The
following phrasing is used, to that end: “[a policy should specify] the follow-up that must be given
to the complaints, reports and information received, and measures to protect the persons
concerned and, if applicable, limit the impact on their studies” (Quebec, 2017, p. 4). This phrasing
creates ambiguity, since it could refer equally to both victims and perpetrators of sexual violence.
However, accommodation measure should be carried out in order to protect survivors and
An Act to Prevent and Fight Sexual Violence in Higher Education Institutions
23minimize the effect of the situation on their academic careers, for example with flexibility in
academic regulations (BCI, 2016; QCVS, n.d.).
Recommendation 10
That Article 3, clause 2, paragraph 7 of Bill 151 clearly specify that the protection measures
within each higher education institution’s policy to prevent and fight sexual violence should
protect persons who have filed a complaint or made a disclosure.
The bill should also include further specificity on the subject of complaints and disclosures. First,
the process must “be impartial, equitable, and just, and be seen as such by the [higher education
institution’s] community” (BCI, 2016, p. 76; translated from the original). Without these
fundamental elements, survivors will not file complaints or disclosures about sexual violence
situations they have experienced, because they will not have sufficient confidence in the response
process. Considering that such occurrences can have serious health consequences, higher
education institutions should do everything in their power to ensure that their communities can
have confidence in the complaints and disclosures processes they set up.
Recommendation 11
That Bill 151 clearly state that the complaints and disclosures process must be impartial
and equitable, and seen as such by the whole community of the higher education
institution.
Likewise, the bill should specify that the process for handling complaints must not “force the victim
and the aggressor to be in direct contact, for example via mediation” (QCVS, n.d.; translated from
the original). This measure protects survivors who can be deeply traumatized by being forced, as
part of the process of filing a complaint or disclosure, to be in direct contact with the person who
assaulted them (Our Turn, 2017; QCVS, n.d.).
Recommendation 12
That Bill 151 specify that the complaints and disclosures process may not force the survivor
and their assailant to have direct contact with each other.
The bill should also ensure that higher education institutions establish an appeals process for
persons who suffered a sexual violence situation and wish to contest the results of a decision
(Désir, 2016; Our Turn, 2017; QCVS, n.d.). In particular, this process would allow persons who
feel that the complaints handling procedure was not adequately observed to obtain a review of the
decision on their complaint.
Recommendation 13
An Act to Prevent and Fight Sexual Violence in Higher Education Institutions
24That Bill 151 specify that an appeals process should be incorporated into the procedure
for complaints filed under a higher education institution’s policy to prevent and fight sexual
violence.
4.1.7 Clause 2, paragraph 10
Article 3, clause 2, paragraph 10 states that the policies set forth by higher education institutions
should specify “the response time applicable” for tracking complaints received. In order to make
sure that sexual violence survivors are cared for in a swift and serious fashion, a maximum
response time must be set. According to the BCI and QCVS reports, the entire process should
take place over a period of no more than 45 days after a formal complaint is filed (BCI, 2016;
QCVS, n.d.).
Recommendation 14
That Article 3, clause 2, paragraph 10 of Bill 151 specify that all required procedures
following the filing of a complaint must be completed within a maximum of 45 days.
Furthermore, the bill must forbid higher education institutions from establishing a time limit for
making a complaint (Bergeron et al, 2016; BCI, 2016; QCVS, 2016). These currently exist in the
policies of some Quebec and Canadian higher education institutions (Our Turn, 2017). This is a
major problem, since sexual violence survivors sometimes need time to recognize the seriousness
of what they experienced or to be capable of disclosing it to another person (Bergeron et al, 2016).
Recommendation 15
That Bill 151 forbid the incorporation of any limitation period for filing a complaint or
disclosure in a higher education institution’s policy to prevent and fight sexual violence.
Finally, Bill 151 should block higher education institutions from prematurely ending a complaint
process under the pretext that the survivor is no longer affiliated with the institution (Our Turn,
2017).
Finally, Bill 151 must also stop higher education institutions from ending a complaints process
under the pretext that the survivor is no longer affiliated with the institution (Our Turn, 2017). In
some cases, a student may be forced to interrupt their studies as a result of the sexual violence
they lived (Bergeron et al., 2016). Such a situation should never serve as a reason to end a
complaints process, unless the survivor were to make that request themselves. Without the
survivor’s agency, any move to end the complaints process would constitute a significant failure
on the university administration’s part.
An Act to Prevent and Fight Sexual Violence in Higher Education Institutions
25Recommendation 16
That Bill 151 require higher education institutions to include within their policies to prevent
and fight sexual violence a statement that the end of affiliation between a person and an
institution does not result in the end of the complaints process, except by that person’s
explicit request.
4.1.8 Clause 2, Paragraph 11
Article 3, clause 2, paragraph 10 states of Bill 151 relates to the “confidentiality of the complaints,
reports and information received” (Quebec, 2017, p. 5). These measures are essential for assuring
the protection of survivors and to avoid the release of any information concerning them without
their consent. However, policies in some higher education institutions bar survivors from
undertaking multiple recourse simultaneously or from deciding to reveal details of their situation
by their own initiative. These types of measures are roundly denounced by survivors of sexual
violence, as they serve primarily to silence them (Radio-Canada, 2016c ; Nadeau, 2017h).
Recommendation 17
That Bill 151 forbid any measure which results in the silencing of persons who have filed
a complaint or disclosure under a higher education institution’s policy to prevent and fight
sexual violence.
4.1.9 Clause 2, Paragraph 12
The last paragraph of Clause 2 in Article 3 states that the penalties that can be applied under an
institution’s policy to prevent and fight against sexual violence must take into account the “nature,
seriousness and repetitive pattern [of the breaches]” (Quebec, 2017, p. 5). This helps, at least in
part, to ensure that the penalties imposed by institutions will be proportional. However, the section
on “Handling of Disclosures and Complaints” in the government’s Intervention Strategy for
Preventing and Countering Sexual Violence in Higher Education (Government of Quebec, 2017)
calls instead for the creation of an advisory committee with the following role:
studying certain issues, for example: possible administrative sanctions to be applied; ways of
dealing with perpetrators; means of reconciling legal imperatives with victims’ need to know
what sanctions have been imposed, or may be imposed, on the perpetrator (Government of
Quebec, 2017, p. 21).
This committee would therefore consider issues that are of central importance to survivors of
sexual violence. Bill 151 should require that higher education institutions implement the
recommendations produced by this committee, to ensure that they are indeed applied. This would
An Act to Prevent and Fight Sexual Violence in Higher Education Institutions
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