Sexual Violence and Harassment PolicyJuly 16, 2020 2022-06-22 12:37
Sexual Violence and Harassment Policy
Sexual Violence and Harassment Policy
Sexual Violence and Harassment
1. Policy and Purpose
1.1 Attending one of Ontario’s public colleges, universities, or private career colleges should be a time of personal fulfillment, growth, and opportunity. The government is committed to working closely with all postsecondary institutions to help students learn, study, and experience campus life at its finest, free from sexual violence and harassment.
1.2 Skilled Trades College of Canada has adopted this sexual violence policy in order to define sexual violence. Our main priority is to outline the colleges reporting, investigating and disciplinary responses in which will be taken in the event that complaints of sexual violence have been made by a student on campus or at a Skilled Trades College of Canada hosted event.
2.1 Sexual Violence – Sexual violence means any sexual act or act targeting a person’s sexuality, gender identity or gender expression, whether the act is physical or psychological in nature, that is committed, threatened or attempted against a person without the person’s consent, and includes but not limited to: sexual assault; sexual harassment; indecent exposure and sexual exploitation.
2.2 Consent- Consent is defined as the voluntary agreement of the person to engage in the sexual activity in question. Consent is not obtained if the person is incapable of consenting to the activity, the accused tries to coerce the person into engaging in the activity by abusing a position of trust, power or authority, or the person has shown a lack of agreement to the accused by words or conduct. The above mentioned ways in which consent is not given are not the only examples; there are other means or circumstances in which consent is defined as not given.
2.3 Sexual Assault- is any assault of a sexual nature that violates a person’s sexual integrity
2.4 Sexual Harassment- Sexual harassment might include unwelcomed sexual advances or requests for sexual favors. Direct or indirect threats or bribes for sexual activity may be sexual harassment. In some contexts, sexual jokes or innuendoes are identified as sexual harassment. Unwelcomed touching or rubbing up against a person, or the attempt of sexual assault is considered sexual harassment.
2.5 Indecent Exposure – indecent exposure is defined as the intentional exposure of part of one's body (such as the genitals) in a place where such exposure is unacceptable, like, but not limited to, the workplace or school.
2.6 Sexual Exploitation- any person who commits an offence who is in a position of trust or authority towards a young person who for a sexual purpose touches, directly or indirectly, with a part of the body or with the use of an object
3. Training, Reporting and Responding to Sexual Violence
3.1 Skilled Trades College of Canada will include a copy of the Sexual Violence Policy in every contract made between it and its students, and provide a copy of the Sexual Violence Policy to career college management, instructor’s and staff and ensure they are educated on and aware of the process and policy of identifying and reporting complaints of sexual violence made by students.
3.2 The Sexual Violence Policy shall be published on Skilled Trades College of Canada’s website and on campus grounds.
3.3 Skilled Trades College of Canada’s management, instructors and staff, and other employees will report incidents or complaints of sexual violence to Mike DiDonato (email@example.com) upon becoming aware of them
3.4 Skilled Trades College of Canada will keep all personal information of persons involved in the investigation confidential, except in circumstances where it is believed that the individual is at immediate risk, either of self-harm or of harming others; this will be done by:
Ensuring that all complaints/reports and information gathered will be only available to those who need to know for purposes of, but not limited to, investigation and outlining safety measures;
Ensuring that the documentation is kept in a separate file;
3.5 Skilled Trades College of Canada recognizes that a person has a right to not report an incident of sexual violence; however the college may be required by law to initiate an investigation without consent if the safety of the students on campus or within the community is at risk.
3.6 If students, in good faith, report an incident of, or make a complaint about, sexual violence, they will not be subject to discipline or sanctions for violations of the private career college’s policies relating to drug or alcohol use at the time the alleged sexual violence occurred
3.7 Students who disclose their experience of sexual violence through reporting an incident of, making a complaint about, or accessing supports and services for sexual violence, will not be asked irrelevant questions during the investigation process by the private career college’s staff or investigators, including irrelevant questions relating to the student’s sexual expression or past sexual history. For more information about sexual violence policies at private career colleges, please refer to Fact Sheet 12: Action Plan to Stop Sexual Violence and Harassment. Private career college students’ rights and responsibilities | ontario.ca
In this regard, Skilled Trades College will assist students who have experienced sexual violence by obtaining counseling, medical care, and provide support services available within the community as identified below within Appendix A.
4. Investigating Reports of Sexual Violence
4.1 Under this Sexual Violence Policy, any student of Skilled Trades College of Canada may file a report of an incident or a complaint to Michelle Morelli (firstname.lastname@example.org) in writing. The other officials, offices or departments that will be involved in the investigation are:
Mike Di Donato – College Director
In the event that the complaint is being made against the College Director, the College Director will not be involved in the investigative process as an investigator
4.2 Once a complaint of sexual violence is made, Michelle Morelli (Operations Manager) will notify the College Director:
One must determine whether or not an investigation is necessary and if the complainant wishes to participate in said investigation;
Determine who should conduct the investigation, pending on the severity of the allegation
Finally, determine whether or not the incident should be referred to the police
In such cases that civil proceedings are ongoing, Skilled Trades College of Canada may conduct its own investigation to:
Determine what measures are to be taken during the investigation process, like removing the Accused or any other methods;
4.3 Once an investigation is initiated, the following will occur:
The Complainant and the Accused may ask another individual to be present throughout the investigation;
Inform and interview the complainant to fully understand the allegation and inquire information that may not of been included in the written complaint;
Inform and interview the person receiving the allegation to discuss details of the incident and give the accused an opportunity to respond to said allegation and provide any witnesses or further information on the matter;
Interview any person(s) involved who may have knowledge of the incident
Provide updates to both the Complainant and the Accused on the status of the investigation;
4.4 Following the investigation, the Skilled Trades College of Canada will:
Review all of the evidence collected during the investigation;
Then, determine whether or not an act of sexual violence occurred; in the event that sexual violence is proven, the college will then
Determine what disciplinary action, if any, should be taken. These said actions are outlined in Section 5 below.
5. Disciplinary Measures
5.1 If it is determined by Skilled Trades College of Canada that the accused engaged in any form of sexual violence, immediate disciplinary or corrective action will be taken; which may include
The termination of employment of instructors or staff; or
The expulsion of a student; and/or
Any other actions that may be appropriate in the circumstances
6.1 If the Complainant or the Accused is not satisfied with the decision, he or she may appeal the decision to an appeals board composed of three staff members (3): two of whom will be appointed by the College Director and one selected by the Complainant or Accused. In the event that the incident involves the College Director, the two board members will be selected by the Sales Manager.
6.2 Any such appeal must be made within thirty (30) days. A request to be heard before the Appeal Board must be in writing to the College Director explicitly explaining the basis of the appeal. The appeal will be held within two weeks of the Appeal Board receiving the request. The Appeal Board will then make their decision within seven days of the hearing.
6.3 If not satisfied with the decision of the appeal board, a written appeal may be sent to the Home Office, attention Operations Manager, Michelle Morelli (email@example.com) or the College Director, Mike Di Donato. This next step is only to be done if the complainant or the accused are alleging improper procedure or feelings of prejudice by the Appeal Board.
6.4 Following the above procedures, any unresolved dispute or claim (including physical or personal injury, mental anguish, etc., of any kind) by or between a student and Skilled Trades College of Canada (or any of the College Employees, directors, instructors or staff) may be resolved by providing an arbitrator that is decided upon, mutually, by both the student and the college. If this claim comes to arbitration, the student is responsible for paying 100% of the arbitrator’s fees, unless otherwise stated by the arbitrator.
7. Making False Statements
7.1 It is a violation of this Sexual Violence Policy for anyone to knowingly make a false complaint of sexual violence or to provide false information about a complaint; in the event an employee, instructor or student has violated such policy, he/she will be fired or expelled.
8.1 Retaliating or threatening person(s) bringing forward a claim of sexual violence, providing information on an investigation or in any way involved is a direct violation of the Sexual Violence Policy; in the event an employee, instructor or student has violated such policy, he/she will be fired or expelled.
9.1 Skilled Trades College of Canada will ensure that student input is taken into consideration when developing, reviewing and/or amending the Sexual Violence Policy.
9.2 Skilled Trades College of Canada will review its Sexual Violence Policy three years after initial implementation.
10. Collection of Student Data
10.1 Skilled Trades College of Canada will collect and be prepared to provide upon request by the Superintendent of Private Career Colleges such data and information as required according to Subsections 32.3 (8), (9) and (10) of Schedule 5 of the Private Career Colleges Act of 2005 as amended.
Sexual Assault/Rape Crisis Centre of Peel 905-273-9442 (24hrs/day crisis line)
Domestic Abuse and Sexual Assault Care Centre for York Region at Mackenzie Health
Phone Numbers: 905-832-1406 ext. 2
Call the Assaulted Women's Helpline 1-866-863-0511 (Toll Free) 1-866-863-7868 (TTY) 416-863-0511 (Toronto)