Sexual Violence Policy

Download PDF Sexual Violence Policy

INTENT

Protege School is vitally interested in the health and safety of its students. Protection of students from any Sexual Violence and/or harassment and/or assault, is a major continuing objective. We will make every effort to provide a safe, healthy work and learning environment. All administration, supervisors’ and faculty must be dedicated to the continuing objective of reducing risk, increasing awareness, and providing a judgement free space of confidentiality and safety. Protege School is ultimately responsible for students’ health and safety and will take every reasonable precaution possible for their protection.

Protégé is committed to providing its students with an educational environment free from sexual violence and treating its students who report incidents of sexual violence with dignity and respect. All members of Protege’s community have a right to study and work in an environment free of sexual assault, sexual violence and sexual harassment.

Protege School will act in compliance with all applicable Sexual Violence Policies and legislation.

 

1. Sexual Violence Policy

  1. The Policy applies to all members of Protege School's community including students, staff, faculty, administrators, contract service providers, contractors, officers, directors and individuals who are directly connected to any of Protege School's initiatives, volunteers and visitors.
  2. All members of Protege's community have a right to study and work in an environment free of sexual assault, sexual violence and sexual harassment.
  3. Protege is committed to providing its students with an educational environment free from sexual violence and treating its students who report incidents of sexual violence with dignity and respect.
  4. Protege 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 and its other members that have occurred on its campus, or at one of its events and involve its students and its other members.
  5. The person accused of engaging in sexual violence will be referred to as the "Respondent" and the person making the allegation as the "Complainant".

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.

Sexual Violence, including the term without limiting the generality of the foregoing, includes:

  1. Sexual assault which is any type of an unwanted sex act done by one person to another, without that person’s consent, that violates the sexual integrity of an individual ranging from unwanted touching to penetration;
  2. any violence, physical or psychological, carried out through sexual means or by targeting sexuality, including sexual abuse;
  3. criminal harassment (including stalking and cyber bullying).
  4. any course of vexatious comment or conduct of a sexual nature that is known or ought reasonably to have been known to be unwelcome, including: offensive jokes or comments of a sexual nature;
  5. displaying of pornographic or sexist pictures or materials, including online;
  6. suggestive or offensive remarks;
  7. unwelcome language related to gender;
  8. remarks, jokes, innuendoes, propositions, or taunting about a person’s body, attire, sex or sexual orientation;
  9. leering or inappropriate staring;
  10. bragging about sexual prowess;
  11. physical contact such as touching, patting, or pinching, with an underlying sexual connotation; and
  12. sexual solicitation or advance made by a person in a position to confer, grant or deny a benefit or advancement to the person where the person making the solicitation or advance knows or ought reasonably to know that it is unwelcome.

3. Training, Reporting and Responding to Sexual Violence

  1. Protege 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 its 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.
  2. The Sexual Violence Policy is published on Protege’s website.
  3. Protege’s management, instructors, staff, other employees and contractors will report incidents of or complaints of sexual violence to School Director upon becoming aware of them.
  4. Students who have been affected by sexual violence or who need information about support services should contact School Director.
  5. Subject to Section 4 below, to the extent it is possible, Protege 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:
    1. 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
    2. ensuring that the documentation is kept in a separate file from that of the Complainant/student or the Respondent.
  6. Protege 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.
  7. Notwithstanding (f), in certain circumstances, Protege 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.
  8. In all cases, including (f) above, Protege will appropriately accommodate the needs of its students who are affected by sexual violence. Students seeking accommodation should contact School Director.
  9. 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.
  10. 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.

In this regard, Protege 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

  1. Under this Sexual Violence Policy, any student of Protege may file a report of an incident or a complaint to School Director in writing. The other officials, offices or departments that will be involved in the investigation are Chief Operating Officer, Education Committee and Students Services Department.
  2. Upon receipt of a report of an incident or a complaint of alleged sexual violence being made, School Director will respond promptly and:
    1. determine whether an investigation should proceed and if the Complain ant wishes to participate in an investigation;
    2. determine who should conduct the investigation having regard to the seriousness of the allegation and the parties involved;
    3. determine whether the incident should be referred immediately to the police;
      In such cases or where civil proceedings a recommenced in respect of allegations of sexual violence. Protégé may conduct its own independent investigation and make its own determination in accordance with its own policies and procedures; and
    4. determine what interim measure sought to be put in place pending the investigation process such as removal of the Respondent or seeking alternate methods of providing necessary course studies.
  3. Once an investigation is initiated, the following will occur
    1. the Complainant and the Respondent will be advised that they may ask another person to be present throughout the investigation;
    2. 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;
    3. informing and interviewing the Respondent of the complaint, providing details of the allegations and giving the Respondent an opportunity to respond to those allegation; and to provide any witnesses the Respondent feels are essential to the investigation;
    4. 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;
    5. interviewing any person involved or who has or may have, knowledge of the incident and any identified witnesses;
    6. providing reasonable updates to the Complainant and the Respondent about the status of the investigation; and
    7. following the investigation, the School Director will:
      1. review all of the evidence collected during the investigation;
      2. determine whether sexual violence occurred; and if so
      3. determine what disciplinary action, if any, should be taken as set out in Section 5 below.

5. Disciplinary Measures

  1. If it is determined by Protege that the Respondent did engage in sexual violence, immediate disciplinary or corrective action will be taken. This may include:
    1. disciplinary action up to and including termination of employment of instructors or staff; or
    2. expulsion of a student; and /or
    3. the placement of certain restrictions on the Respondent’s ability to access certain premises or facilities; and/or
    4. any other actions that may be appropriate in the circumstances.

6. Appeal

  1. Should the Complainant or the Respondent not agree with the decision resulting from the investigation, he or she may appeal the decision to the Chief of Operating Office within 15 days by submitting a letter addressed to 3390 Midland Avenue, Unit 10, Toronto, Ontario, M1V 5K3 advising of the person’s intent to appeal the decision.

7. Making False Statements

  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.
  2. 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.

8. Sexual misconduct by employees in relation to a student

“Sexual misconduct” for the purpose of this policy means;

In relation to a student enrolled at Protégé School, physical sexual relation with the student, touching of a sexual nature of the student or behaviour or remarks of a sexual nature toward the student by an employee where The Act constitutes an offence under the Criminal Code of Canada, and or the act infringes the right of the student under clause 7 (3) (a) of the Human Rights Code to be free from a sexual solicitation, and or the act constitutes sexual misconduct as defined by Protégé Schools Sexual Violence Policy and or other Protégé School requirements related to Sexual relations between employee and students; Including acts that constitute sexual misconduct for the purposes of the definition of “sexual misconduct” in Protégé School’s Employee Sexual Misconduct Policy

1. The Act constitutes sexual misconduct as defined in the institution’s employee sexual misconduct policy or contravenes the policy or any other policy, rule or other requirement of the institution respecting sexual relations between employees and students or

2. Any conduct by an employee of Protégé School that infringes the right of the student under clause 7 (3) (b) of the Human Rights Code to be free from a reprisal or threat of reprisal for the rejection of a sexual solicitation or advance.

  1. Where a report of sexual misconduct is substantiated by Protégé School, disciplinary measures shall be imposed, which include but are not limited to:
    1. Termination of employment for just cause.
    2. Termination without pay or any other compensation or restitution as a result of the discharge or disciplinary measure.
    3. Receiving a disciplinary letter or letter of expectations
    4. Any other disciplinary measure with Protégé School deems to appropriate.
  2. Where an employee has been discharged for violation of this policy, the employee shall not be entitled to notice of termination, termination pay, or any other compensation or restitution as a result of the discharge or disciplinary measure, in accordance with the Strengthening Post-secondary Institutions and Students Act, 2022
  3. Where an employee commits an act of sexual misconduct towards a student and is either discharges or the employee resigns the employee shall not be re-employed by Protégé School
  4. Where any penalty is imposed for violation of this policy, the penalty shall not be substituted for any other penalty pursuant to the Strengthening Post-secondary Institutions and Students Act, 2022, despite subsection 48 (17) of the Labour Relations Act, 1995 and subsection 14 (17) of the Colleges Collective Bargaining Act, 2008, and despite any provision of a collective agreement or employment contract specifying a penalty for the infraction.
  5. No arbitrator, arbitration board or other adjudicator shall substitute any other penalty for the discharge or disciplinary measure imposed by Protégé School.
  6. An agreement between Protégé School and any person, including a collective agreement or an agreement settling existing or contemplated litigation, that is entered into on or after the day section 3 of Schedule 1 to the Strengthening Post-secondary Institutions and Students Act, 2022 comes into force, shall not contain any term that, directly or indirectly, prohibits the institution or any person related to the institution from disclosing that an allegation or complaint has been made that an employee of Protégé School committed an act of sexual misconduct toward a student of the institution, and any such term that is included in an agreement is void. [subject to subsection (g)]
  7. With the exception that Protégé School may enter into an agreement that contains the terms in subsection (f) if the student requests that the college do so, provided that,
    1. the student has had a reasonable opportunity to receive independent legal advice;
    2. there have been no undue attempts to influence the student with respect to the request;
    3. the agreement includes an opportunity for the student to decide to waive their own confidentiality in the future and the process for doing so; and
    4. the agreement is of a set and limited duration.

9. Reprisal

  1. 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.
  2. 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.

10. Review

  1. Protege shall ensure that student input is considered in the development of its Sexual Violence Policy and every time it is reviewed or amended.
  2. This Sexual Violence Policy has been reviewed on December 12, 2019 after three (3) years it was first implemented on January 1, 2017. Protégé will review this policy on annually basis and amend it where appropriate.

11. Collection of Student Data

  1. Protégé shall collect and be prepared to provide upon request by the Superintendent of Career Colleges such data and information as required according to Subsections32.1(8), (9), (10) and (11) of Schedule5 of the Ontario Career Colleges Act, 2005 as amended.

12. Resources

  • Appendix 1

    lists provincial rape crisis centres

  • Appendix 2

    lists Myths and Misconceptions about Sexual Assault

  • Appendix 3

    lists Provincial Government’s release Ad campaign and information to tapping into the potential help from the general public to stop and fight sexual assault, violence and harassment

 

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