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Sexual Violence and Sexual Harassment Policy

 

 

POLICY

 

Policy Application applies to Dan Robert College of Health Care students, faculty, staff, administrators, administrative assistant, office manager, officers, contract service providers, contractors, volunteers and visitors. The Policy applies to sexual violence and harassment that may have occurred on college campus, or at a college off-site event may file a report of an incident or complaint to the Administrator in writing. However, complainant is encouraged to also speak directly with the Administrator regarding any concerns they may have while understanding how to pursue a Sexual Violence Complaint.

 

POLICY OBJECTIVES

 

(a) Dan Robert College of Health Care is committed to providing its students with an educational environment free from sexual violence and treating students who report incidents of sexual violence with dignity and respect.

(b) Dan Robert College of Health Care has adopted this Sexual Violence Policy, which defines sexual violence and outlines its training, reporting, investigative and disciplinary responses to complaints of sexual violence made by its students that have occurred on its campus, or at one of its events and involve its students.

(c) The person accused of engaging in sexual violence will be referred to as the “Respondent” and the person making the allegation as the “Complainant”.

 

1. Sexual Violence Policy

 

Dan Robert College shall ensure that its sexual violence policy,

(a)  provides information about the supports and services available at the career college or through its agent for students who are affected by sexual violence, and identifies the specific official, office or department at the career college that should be contacted to obtain such supports and services;

(b)  provides information about the supports and services available in the community for students who are affected by sexual violence;

(c)  informs students that the career college will appropriately accommodate the needs of students who are affected by sexual violence, and identifies the specific official, office or department at the career college that should be contacted to obtain such accommodations;

(d)  informs students that they are not required to report an incident of, or make a complaint about, sexual violence under the process referred to in paragraph 1 of subsection (2) in order to obtain the supports and services referred to in clause (a) or the accommodation referred to in clause (c);

(d.1) informs students that if they, 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 career college’s policies relating to drug or alcohol use at the time the alleged sexual violence occurred; and

(e)  includes the information set out in subsection (2) respecting the career college’s process for responding to and addressing incidents and complaints of sexual violence, as required by clause 32.1 (2) (b) of the Act. O. Reg. 132/16, s. 3; O. Reg. 647/21, s. 1 (1); O. Reg. 353/23, s. 22.

(2) For the purposes of clause (1) (e), a sexual violence policy shall include the following information:

1.  The process to be followed by persons who wish to report an incident of, or make a complaint about, sexual violence including the specific official, office or department to whom the incident should be reported or the complaint should be made.

2.  Examples of the measures that may be implemented for the purpose of protecting a person reporting an incident of, or making a complaint about, sexual violence from retaliation and the threat of retaliation.

3.  The process for deciding whether an incident or complaint of sexual violence will be investigated by the career college.

4.  The statement that a victim may choose not to request an investigation by the career college, and has the right not to participate in any investigation that may occur.

5.  The investigation and decision-making processes at the career college that will take place if an incident or complaint of sexual violence is investigated.

6.  The specific officials, offices or departments that will be involved in each stage of the investigation and decision-making processes.

7.  A description of the elements of procedural fairness that will be part of the investigation and decision-making processes.

8.  The statement that a party to an investigation or decision-making process has the right to have a person present with him or her at every stage of the process.

9.  Examples of the interim measures that may be implemented while an incident or complaint is being investigated or a decision is being made regarding the incident or complaint.

10.  Examples of the decisions that may be made and measures that may be imposed after an incident or complaint is investigated.

11.  The measures that will be implemented to protect and keep confidential the personal information of the persons involved in the investigation of an incident or complaint.

12.  A description of the appeal processes that may be available related to decisions resulting from the investigation process.

13.  The roles and responsibilities of the corporate directors, controlling shareholders, owners, partners, other persons who manage or direct the affairs of the career college, agents, students, instructors and other employees upon becoming aware of incidents or complaints of sexual violence.

14.  A statement that 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 career college’s staff or investigators, including irrelevant questions relating to the student’s sexual expression or past sexual history. O. Reg. 132/16, s. 3; O. Reg. 647/21, s. 1 (2); O. Reg. 353/23, s. 22.

(3) The sexual violence policy shall be published on the career college’s website or, where the career college does not have a website, posted in a conspicuous location at each of its campuses. O. Reg. 132/16, s. 3; O. Reg. 353/23, s. 22.

(4) A career college shall provide or make available training on its sexual violence policy to the following persons:

1.  Corporate directors, controlling shareholders, owners, partners and other persons who manage or direct the affairs of the career college, and their agents.

2.  Instructors, staff and other employees and contractors of the career college.

3.  Students enrolled at the career college. O. Reg. 132/16, s. 3; O. Reg. 353/23, s. 22.

(5) The training shall include training on the career college’s process for responding to and addressing incidents and complaints of sexual violence, including the elements set out in subsection (2). O. Reg. 132/16, s. 3; O. Reg. 353/23, s. 22.

(6) If a career college’s sexual violence policy conflicts with its expulsion policy, the sexual violence policy prevails.  O. Reg. 132/16, s. 3; O. Reg. 353/23, s. 22.

 

 

 

2. Definition of 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 sexual assault, sexual harassment, stalking, indecent exposure, voyeurism and sexual exploitation.

 

3. Training, Reporting and Responding to Sexual Violence

 

  1.  Dan Robert College of Health Care shall provide or available training on its sexual violence policy

to the following persons:

  1. Corporate directors controlling shareholders, owners, partners, and other persons who manage or direct the affairs of the career college, and their agents.

  2. Instructors, staff and other employees and contractors of the career college.

  3. Students enrolled at the career college. O. Reg. 132/16,s.3;O.Reg. 353/23,s.22.

  1. The training shall include training on the career college’s process for responding to and addressing incidents and complaints of sexual violence including the elements set out in subsection (2). O. Reg. 132/16,s. 3; O. Reg. 353/23, s. 22.

  2. If Dan Robert College of Health Care sexual violence policy conflicts with its expulsion policy, the sexual policy prevails O. Reg. 132/16, s. 3; O. Reg. 353/23, s. 22.

 

(a) Dan Robert College of Health Care shall 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 (corporate directors, controlling shareholders, owners, partners, other persons who manage or direct the career college’s affairs, and their agents), instructors, staff, other employees and contractors and train them about the policy and its processes of reporting, investigating and responding to complaints of sexual violence involving its students.

Any company participating in offering student internships on their premises must provide an undertaking in writing that it is in compliance with all applicable legislation, including the Ontario Human Rights Code and the Occupational Health and Safety Act and will provide students access to those policies should they encounter issues relating to sexual violence in the workplace.

(b) The Sexual Violence Policy shall be published on college’s website or, where the career college does not have a website, posted in a conspicuous location at each of its campuses. O. Reg. 132/16,s.3; O. Reg. 353/23,s.22.

 

(c) Career college management, instructors, staff, other employees and contractors of Dan Robert College of Health Care will report incidents of or complaints of sexual violence to the Administrator upon becoming aware of them.

(d) Students who have been affected by sexual violence or who need information about support services should contact the Administrator along with the supporting Appendix 1 outlining several support agencies in the Toronto area where Dan Robert College of Health Care is located.

(e) Subject to Section 4 below, to the extent it is possible, Dan Robert College of Health Care will attempt to keep all personal information of persons involved in the investigation confidential except in those circumstances where it believes an individual is at imminent risk of self-harm, or of harming another, or there are reasonable grounds to believe that others on its campus or the broader community are at risk.

 

This will be done by:

 

(i) Ensuring that all complaints/reports and information gathered as a result of the complaint/reports will be only available to those who need to know for purposes of investigation, implementing safety measures and other circumstances that arise from any given case; and

(ii) Ensuring that the documentation is kept in a separate file from that of the Complainant/student or the Respondent.

 

(f) Dan Robert College of Health Care recognizes the right of the Complainant not to report an incident of or make a complaint about sexual violence or not request an investigation and not to participate in any investigation that may occur.

(g) Notwithstanding (f), in certain circumstances, Dan Robert College of Health Care may be required by law or its internal policies to initiate an internal investigation and/or inform police without the complainant’s consent if it believes the safety of members of its campus or the broader community is at risk.

(h) In all cases, including (f) above, Dan Robert College of Health Care will appropriately accommodate the needs of its students who are affected by sexual violence. Students seeking accommodation should contact the Administrator.

 

In this regard, Dan Robert College of Health Care will assist students who have experienced sexual violence in obtaining counselling and medical care, and provide them with information about sexual violence supports and services available in the community as set out in Appendix 1 attached hereto.

 

Students are not required to file a formal complaint in order to access supports and services.

 

 

4. Investigating Reports of Sexual Violence

 

(a) Under this Sexual Violence Policy, any student of Dan Robert College of Health Care may file a report of an incident or a complaint to Dan Robert College of Health Care in writing.  The other officials or departments that will be involved in the investigation are teachers, students and those who are involve in such incident

(b) Upon receipt of a report of an incident or a complaint of alleged sexual violence being made, Dan Robert College of Health Care will respond within 1 day or sooner and:

 

(i) Determine whether an investigation should proceed and if the Complainant wishes to participate in an investigation;

(ii) Determine who should conduct the investigation having regard to the seriousness of the allegation and the parties involved;

(iii) Determine whether the incident should be referred immediately to the police;

 

In such cases or where civil proceedings are commenced in respect of allegations of sexual violence, Dan Robert College of Health Care may conduct its own independent investigation and make its own determination in accordance with its own policies and procedures; and

 

(iv) determine what interim measures ought to be put in place pending the investigation process such as removal of the Respondent or seeking alternate methods of providing necessary course studies.

 

(c) Once an investigation is initiated, the following will occur:

 

(i) The Complainant and the Respondent will be advised that they may ask another person to be present throughout the investigation;

(ii) Interviewing the Complainant to ensure a complete understanding of the allegation and gathering additional information that may not have been included in the written complaint such as the date and time of the incident, the persons involved, the names of any person who witnessed the incident and a complete description of what occurred;

(iii) Informing and interviewing the Respondent of the complaint, providing details of the allegations and giving the Respondent an opportunity to respond to those allegations and to provide any witnesses the Respondent feels are essential to the investigation;

(iv) Interviewing any person involved or who has, or may have, knowledge of the incident and any identified witnesses;

(v) Providing reasonable updates to the Complainant and the Respondent about the status of the investigation; and

(vi) Following the investigation, Dan Robert College of Health Care will:

 

(A) Review all of the evidence collected during the investigation;

(B) Determine whether sexual violence occurred; and if so

(C) Determine what disciplinary action, if any, should be taken as set out in the Section below.

Disciplinary Measures

 

(a) If it is determined by Dan Robert College of Health Care that the Respondent did engage in sexual violence, immediate disciplinary or corrective action will be taken. This may include:

 

(i) Disciplinary action up to and including termination of employment of instructors or staff; or

(ii) Expulsion of a student; and /or

(iii) The placement of certain restrictions on the Respondent’s ability to access certain premises or facilities; and/or

(iv) Any other actions that may be appropriate in the circumstances.

Appeal

 

(a) Should the Complainant or the Respondent not agree with the decision resulting from the investigation, he or she may appeal the decision to Dan Robert College of Health Care within three days by submitting a letter addressed to the administrator of Dan Robert College of Health Care advising of the person’s intent to appeal the decision. A response will be provided within one business day or sooner to determine what next steps need to be taken to handle the appeal. Should an appeal process need to be set in place, the Complainant will be required to provide all details including the rationale for not accepting Dan Robert College of Health Care’s decision.  Upon receipt of the formal appeal in writing, a review of the entire case will be set in motion by the administrator of Dan Robert College of Health Care.

 

Making False Statements

 

(a) 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.

(b) Individuals who violate this Sexual Violence Policy are subject to disciplinary and / or corrective action up to and including termination of employment of instructors or staff or expulsion of a student.

Reprisal

 

(a) It is a violation of this Sexual Violence Policy to retaliate or threaten to retaliate against a complainant who has brought forward a complaint of sexual violence, provided information related to a complaint, or otherwise been involved in the complaint investigation process.

(b) Individuals who violate the Sexual Violence Policy are subject to disciplinary and /or corrective action, up to and including termination of employment of instructors or staff or expulsion of a student.

Review

 

(a) Dan Robert College of Health Care shall ensure that student input is considered in the development of its Sexual Violence Policy and every time it is reviewed or amended.

(b) Dan Robert College of Health Care shall review its Sexual Violence Policy three years after it is first implemented and amend it where appropriate. This date is November 2020.

 

COLLECTION OF STUDENT DATA

  1. Dan Robert College of Health Care shall collect and be prepared to provide upon request by the Superintendent of Career Colleges such as data and information as required according to Subsection 32.3 (8), (9) and (10) of Schedule 5 of Career Colleges Act 2005 as amended.

Appendix 1 List of resources in support of victims of sexual violence

 

The following represents a list of Provincial Rape Crisis Centres that could be provided as resources:

 

Canadian Association of Sexual Assault Centres

Assaulted Women’s Helpline Toll Free: 1-866-863-0511

#SAFE (#7233) on Bell, Rogers, Fido or Telus mobile

 

TTY: 416-364-8762

www.awhl.org

Telephone Toll-Free: 1-877-336-2433

ATS: 1 866 860-7082

www.femaide.ca

 

 

Sexual Assault & Domestic Violence Care Centre at the Women’s College Hospital

24-hour medical care centre for adults who have been victims of sexual assault, offering emergency and follow-up care.

Location & Contact Information

Main Building
Women's College Hospital
76 Grenville Street
Toronto, ON M5S 1B2
Switchboard: 416-323-6400
Email: info@wchospital.ca

Hours of Service
Monday - Friday
6 a.m. to 7 p.m.

http://womenscollegehospital.ca/programs/program116.html

 

Toronto Rape Crisis Centre

416-597-1171 (main line), 416-597-8808 (counselling line)

Offers legal support, referrals, a 24-hour crisis line, support groups and in-person counselling for victims of sexual assault. Mon-Fri, 9:30am-5pm. More information at http://www.trccmwar.ca/.

 

 

 

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