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Sexual Misconduct, Sexual Harassment and Sexual Violence Policy

Sexual Violence Policy

Sexual Misconduct and Sexual Harassment Policy

  1. Policy Application

The Policy applies to all members of Canadian College of Health Science and Technology (herein CCHST) career college community including students, employees, staff, faculty, administrators, contract service providers, contractors, officers, directors and individuals who are directly connected to any of CCHST’s initiatives, volunteers and visitors.

  1. The Scope

The Policy applies to incidents and complaints of sexual misconduct, sexual violence, or sexual harassment that have occurred on CCHST’s career college campus or at a CCHST’s  career college event and involve members of the career college community as defined in paragraph one, the Policy Application.

  1. Purpose and Intent

All members of CCHST’s career college community have a right to study and work in an environment free of sexual misconduct and sexual harassment.

This document sets out our policy on sexual misconduct, and sexual harassment; defines the prohibited behaviours; outlines our investigative processes for sexual misconduct and sexual harassment; and establishes consequences for violations, particularly in relation to sexual misconduct against a student.

  1. Policy Objectives

CCHST is committed to providing members of our career college community an educational environment free from sexual misconduct and sexual harassment and treating those individuals who report incidents of sexual misconduct or sexual harassment with dignity and respect.

To that end CCHST will educate and train faculty, staff and students about this Policy and how to identify situations that involve, or could progress into sexual misconduct or sexual harassment and how to reduce these forms of prohibited behaviours.

  1. Definitions

This Policy prohibits sexual misconduct, which includes sexual abuse, sexual violence and sexual harassment.

Sexual Harassment includes:

  1. any course of vexatious comment or conduct of a sexual nature and/or relating to sex, sexual orientation, gender identity or gender expression
  2. 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:
  3. offensive jokes or comments of a sexual nature;
  • displaying of pornographic or sexist pictures or materials, including online;
  1. suggestive or offensive remarks;
  2. unwelcome language related to gender;
  3. remarks, jokes, innuendoes, propositions, or taunting about a person’s body, attire, sex or sexual orientation;
  • leering or inappropriate staring ;
  • bragging about sexual prowess; and/or
  1. physical contact such as touching, patting, or pinching, with an underlying sexual connotation; as well as
  2. 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.

Sexual Misconduct includes sexual abuse and, without limiting the generality of the foregoing, includes, in relation to a student enrolled at CCHST:

  1. physical sexual relations 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 of CCHST where,
  2. the act constitutes an offence under the Criminal Code (Canada);
  3. 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 or advance; and/or
  • the act of an employee, in relation to a student, that constitutes sexual violence and sexual harassment as defined herein, or which contravenes this policy or any other policy, rule or other requirement of CCHST respecting sexual relations between employees and students; as well as
  1. any conduct by an employee of CCHST 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.
  2. Obligations of All Members

All members of our career college community are expected to:

  1. take all reasonable steps to prevent sexual misconduct, sexual violence and sexual harassment on our career college campus or events; and
  2. report immediately to the CCHST’s Designate if they are subject to, witness or have knowledge of sexual misconduct, or have reason to believe that sexual misconduct has occurred or may occur.

If a member of our career college community believes she/he has been sexually harassed by a member of our career college community, she/he may: confront the harasser personally or in writing pointing out the unwelcome behaviour and requesting that it stop; and/or report the complaint to CCHST’s Designate in writing.

  1. Reporting Sexual Misconduct & Sexual Harassment

Incidents of sexual misconduct, sexual violence or sexual harassment against a student should be reported by any member of our career college community to CCHST’s Designate.  Incidents of sexual misconduct, sexual violence or sexual harassment against someone other than a student should be reported to CCHST’s Designate.

Students that report an incident of, or make a complaint about, sexual misconduct, sexual violence, or sexual harassment, in good faith, will not be subject to discipline or sanctions for violations of the CCHST’s policies relating to drug or alcohol use at the time the alleged sexual misconduct, sexual violence, or sexual harassment occurrence.

Individuals who disclose their experience of sexual misconduct, sexual violence, or sexual harassment, through reporting an incident of, making a complaint about, or accessing supports and services for sexual misconduct, sexual violence, or sexual harassment, will not be asked irrelevant questions during the investigation process by the CCHST’s staff or investigators, including irrelevant questions relating to the individual’s sexual expression or past sexual history.

To the extent it is possible, CCHST’s Designate will attempt to keep all information disclosed confidential except in those circumstances it believes an individual is at imminent risk of self-harm, or of harming another, there are reasonable grounds to believe that others in our career community are at risk, or where disclosure is required by law.

CCHST recognizes the right of the complainant to determine whether her or his complaint will be dealt with by the police and/or CCHST. However, in certain circumstances, CCHST may be required by law or its internal policies to initiate an internal investigation and/or inform police or other officials without the complainant’s consent, if it believes the safety of members of its career college community is at risk.

  1. Investigating Complaints

Upon a complaint of alleged sexual misconduct, sexual violence or sexual harassment being made, the CCHST’s Designate will initiate an investigation, including as follows:

  1. determining whether the incident should be referred immediately to police;
  2. meeting with the complainant to determine 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. interviewing the complainant, any person involved in the incident and any identified witnesses;
  4. interviewing any other person who may have knowledge of incidents related to the complaint or any other similar incidents;
  5. informing the respondent of the complaint, providing details of the allegations and giving the respondent an opportunity to respond to those allegations;
  6. providing reasonable updates to the complainant and the respondent about the status of the investigation; and
  7. determining what disciplinary/corrective action, if any, should be taken.
  8. Disciplinary Measures (Not In Relation to a Student)

If it is determined by CCHST that a member of our career college community has been involved in sexual misconduct or sexual harassment of a member of our career college community, not in relation to a student, immediate disciplinary or corrective action will be taken up to and including termination of employment or expulsion of a student (as appropriate).

  1. Disciplinary Measures (In Relation to a Student)

If it is determined by CCHST that an employee of CCHST has been involved in an act of sexual misconduct toward a student enrolled at CCHST, CCHST may discharge or discipline the employee for that act.  In accordance with the Career Colleges Act, 2005, where discharge or discipline occurs as a result of sexual misconduct toward a student:

  1. the discharge or disciplinary measure shall be deemed to be for just cause for all purposes;
  2. the employee shall not be entitled to notice of termination or termination pay or any other compensation or restitution as a result of the discharge or disciplinary measure; and
  3. despite subsection 48 (17) of the Labour Relations Act, 1995, and despite any provision of a collective agreement or employment contract specifying a penalty for the infraction, no arbitrator, arbitration board or other adjudicator shall substitute any other penalty for the discharge or disciplinary measure imposed by CCHST.

If an employee commits an act of sexual misconduct and the employee is discharged or the employee resigns from their employment due to an act of sexual misconduct, CCHST shall not subsequently re-employ that employee.

If CCHST determines that an individual has become re-employed by CCHST, contrary to this policy in relation to sexual misconduct, the employee shall be discharged and the above conditions of termination shall continue to apply.

  1. Criminal and Civil Proceedings

In cases where criminal proceedings are initiated, CCHST will assist police agencies, lawyers, insurance companies, and courts to the fullest extent.

Where criminal and/or civil proceedings are commenced in respect of allegations of sexual misconduct or sexual harassment, CCHST may conduct its own independent investigation and make its own determination in accordance with its own policies and procedures.

  1. Making False Statements

It is a violation of this Policy for anyone to: knowingly make a false complaint of sexual misconduct or sexual harassment: provide false information about a complaint; and/or pursue a complaint in bad faith. Individuals who violate this Policy are subject to disciplinary and/or corrective action, up to and including termination of employment or expulsion of a student (as appropriate).

  1. Reprisal

It is a violation of this Policy to retaliate or threaten to retaliate against a complainant, acting in good faith, who has brought forward a complaint of sexual misconduct or sexual harassment, provided information related to a complaint, or otherwise been involved in the complaint investigation process.

  1. Resources

Following the Sexual Violence Policy section is a list local sexual assault crisis centres which could be provided as resources.

  1. Sexual Violence Policy
  • Canadian College of Health Science and Technology 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.
  • Canadian College of Health Science and Technology 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 involves its students.
  • 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 career college’s policies relating to drug or alcohol use at the time the alleged sexual violence occurred.
  • 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.
  • 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. 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 assault is a criminal offence under the Criminal Code of Canada. Sexual assault is any type of unwanted sexual act done by one person to another that violates the sexual integrity of the victim and involves a range of behaviours from any unwanted touching to penetration. Sexual assault is characterized by a broad range of behaviours that involve the use of force, threats, or control towards a person, which makes that person feel uncomfortable, distressed, frightened, threatened, or that is carried out in circumstances in which the person has not freely agreed, consented to, or is incapable of consenting to.

  1. Consent

The voluntary and explicit agreement to engage in the sexual activity in question.  Consent is the act of willingly agreeing to engage in specific sexual behaviour, and requires that a person is able to freely choose between two options: yes and no. This means that there must be an understandable exchange of affirmative words which indicates a willingness to participate in mutually agreed upon sexual activity. It is also imperative that everyone understands the following:

  • Silence or non-communication must never be interpreted as consent and a person in a state of diminished judgment cannot consent
  • A person is incapable of giving consent if they are asleep, unconscious or otherwise unable to communicate.
  • A person who has been threatened or coerced (i.e. is not agreeing voluntarily) into engaging in the sexual activity is not consenting to it.
  • A person who is drugged is unable to consent.
  • A person is usually unable to give consent when under the influence of alcohol and/or drugs.
  • A person may be unable to give consent if they have a mental disability preventing them from fully understanding the sexual acts
  • The fact that consent was given in the past to a sexual or dating relationship does not mean that consent is deemed to exist for all future sexual activity.
  • A person can withdraw consent at any time during the course of a sexual encounter.
  • A person is incapable of giving consent to a person in a position of trust, power or authority such as, a faculty member initiating a relationship with a student who they teach, an administrator in a relationship with anyone who reports to that position.
  • Consent cannot be given on behalf of another person. It is the responsibility of the initiator of sexual activity to ensure clear and affirmative responses are communicated at all stages of sexual engagement. It is also the initiator’s responsibility to know if the person they are engaging with sexually is a minor.
  1. Training, Reporting and Responding to Sexual Violence
  • Canadian College of Health Science and Technology shall provide access to the Sexual Violence Policy on the College’s website, citing the link in the Enrolment Agreement  made between it and its students, and provide a link on the web site for 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.
  • The Sexual Violence Policy shall be published on its website (or where the Career College does not have a website in a conspicuous location on each of its campuses).
  • Career College management, instructors, staff, other employees and contractors of Canadian College of Health Science and Technology will report incidents of or complaints of sexual violence to the Canadian College of Health Science and Technology Designate upon becoming aware of them.
  • Students who have been affected by sexual violence or who need information about support services should contact the Canadian College of Health Science and Technology Designate.
  • Subject to Section 5 below, to the extent it is possible, Canadian College of Health Science and Technology 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.
  • Canadian College of Health Science and Technology recognizes the right of the Complainant not to report an incident of or make a complaint about sexual violence or not to request an investigation and not to participate in any investigation that may occur.
  • Notwithstanding (f), in certain circumstances, Canadian College of Health Science and Technology 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.
  • In all cases, including (f) above, Canadian College of Health Science and Technology will appropriately accommodate the needs of its students who are affected by sexual violence. Students seeking accommodation should contact Canadian College of Health Science and Technology Designate.

In this regard, Canadian College of Health Science and Technology 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 below. Students are not required to file a formal complaint in order to access supports and services.

  1. Investigating Reports of Sexual Violence
  • Under this Sexual Violence Policy, any student of Canadian College of Health Science and Technology may file a report of an incident or a complaint to the Canadian College of Health Science and Technology in writing and submitting an email to hr@cchst.net or a hard copy to Canadian College of Health Science and Technology, 1737 Walker Rd. Windsor, ON, N8W3P2, Attn: HR. At least one College Administrative staff member and the Campus Director will be involved in the investigation.
  • Upon receipt of a report of an incident or a complaint of alleged sexual violence being made, Canadian College of Health Science and Technology will respond promptly and;
    1. Determine whether an investigation should proceed and if the Complainant 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;
  • 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, Canadian College of Health Science and Technology may conduct its own independent investigation and make its own determination in accordance with its own policies and procedures; and
  1. 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.
  • 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 person involved, the names of any person who witnessed the incident and a complete description of what occurred;
  • Informing and interviewing the Respondent of the complaint, providing details of the allegations and giving the Respondents an opportunity to respond to those allegations and to provide any witnesses the Respondent feels are essential to the investigation;
  1. Interviewing any person involved or who has, or who may have, knowledge of the incident and any identified witnesses;
  2. Providing reasonable updates to the Complainant and the Respondent about the status of the investigation; and
  3. Following the investigation, the Canadian College of Health Science and Technology designate will:
  • Review all of the evidence collected during the investigation
  • Determine whether sexual violence occurred; and if so
  • Determine what disciplinary action, if any, should be taken as set out in Section 6 below.
  1. Disciplinary Measures
  • If it is determined by Canadian College of Health Science and Technology 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
  • The placement of certain restrictions on the Respondent’s ability to access certain premises or facilities; and / or
  1. Any other actions that may be appropriate in the circumstances
  1. Appeal
  • Should the Complainant or the Respondent not agree with the decision resulting from the investigation, he or she may appeal the decision to the President within 5 days by submitting a letter addressed to:

Canadian College of Health Science and Technology, 1737 Walker Rd. Windsor, ON, N8W3P2, ATTN:  President Advising of the person’s intent to appeal the decision.

  1. Making False Statements
  • It is a violation of this Sexual Violence Policy for anyone to knowingly to make a false complaint of sexual violence or to provide false information about a complaint.
  • 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.
  1. Reprisal
  • 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.
  • 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.
  1. Review
  • Canadian College of Health Science and Technology shall ensure that student input is considered in the development of its Sexual Violence Policy and every time it is reviewed or amended.
  • Canadian College of Health Science and Technology shall review its Sexual Violence Policy 3 years after it is first implemented (2016) and amend it where appropriate. Reviewed 23-04-03.
  1. Collection of Student Data
  • Canadian College of Health Science and Technology 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 the Career Colleges Act, 2005  as amended.
  • Canadian College shall take reasonable steps to ensure that information provided to the Superintendent pursuant to subsection 11 (a) does not disclose personal information within the meaning of section 38 of the Freedom of Information and Protection of Privacy Act.  2016, c. 2, Sched. 5, s. 1.

Community Resources available include:

Sexual Assault Crisis Centre of Windsor
1770 Langlois Ave
Windsor, ON N8X 4M5
519-253-3100
24 Hour Crisis Line: 519-253-5667
http://www.saccwindsor.net/

Sexual Assault Crisis Centre of Windsor
405 Riverview Dr. # 101 R.R #5
Chatham, ON N7N 5J5
519-354-8908
24 Hour Crisis Line: 519-354-8688
www.cksacc.org

Sexual Assault/Domestic Violence Treatment Centre (SA/DVTC)
Metropolitan Campus, 4th Floor
1995 Lens Ave, Windsor, ON N8W 1L9
519-255-2234
www.wrh.on.ca

Sexual Assault/ Domestic Violence Treatment Centre
Chatham – Kent Health Alliance
80 Grand Ave. W, Chatham, ON N7L 1B7
519-352-6400 ext 6382
www.sacc.to

Windsor Police Services
150 Goyeau St. PO Box 60
Windsor, ON N9A 6J5
Emergencies: 911
Non-Emergency: 519-258-6111
www.police.windsor.on.ca

Chatham Police Services
24 Third St. PO Box 366
Chatham, ON N7M 5K5
Emergencies: 911
Non-Emergency: 519-354-1234
www.ckpolice.com