Sexual Violence & Harassment Policy
Sexual Violence & Harassment Policy HER Business School Corp. O/A Ontario Skills Institute 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.
HER Business School Corp. O/A Ontario Skills Institute has
adopted this Sexual Violence & Harassment 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.
The
person accused of engaging in sexual violence will be referred to as
the “Respondent” and the person making the allegation as the
“Complainant”.
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.
Training, Reporting and Responding to Sexual Violence
(a) HER Business School Corp. O/A Ontario Skills Institute 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 its website (or where
the Career College does not have a website in a conspicuous location on
each of its campuses).
(c) Career college management, instructors, staff, other employees and contractors of HER Business School Corp. O/A Ontario Skills Institute will report incidents of or complaints of sexual violence to Ontario Skills Institute upon becoming aware of them.
(d) Students who have been affected by sexual violence or who need information about support services should contact HER Business School Corp. O/A Ontario Skills Institute.
(e) Subject to Section 4 below, to the extent it is possible, HER Business School Corp. O/A Ontario Skills Institute 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) OHER Business School Corp. O/A Ontario Skills Institute
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, HER Business School Corp. O/A Ontario Skills Institute 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, HER Business School Corp. O/A Ontario Skills Institute will
appropriately accommodate the needs of its students who are affected by
sexual violence. Students seeking accommodation should contact HER Business School Corp. O/A Ontario Skills Institute.
In this regard, HER Business School Corp. O/A Ontario Skills Institute 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 support and services.
4. Investigating Reports of Sexual Violence
(a) Under this Sexual Violence Policy, any student of HER Business School Corp. O/A Ontario Skills Institute college may file a report of an incident or a complaint to HER Business School Corp. O/A Ontario Skills Institute in writing. The other officials, offices or departments that will be involved in the investigation are (Insert Titles).
(b) Upon receipt of a report of an incident or a complaint of alleged sexual violence being made HER Business School Corp. O/A Ontario Skills Institute will respond promptly 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, HER Business School Corp. O/A Ontario Skills Institute 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, the HER Business School Corp. O/A Ontario Skills Institute 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 Section 5 below.
5. Disciplinary Measures
(a) If it is determined by HER Business School Corp. O/A Ontario Skills Institute 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.
6. 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
the Director within 10 business days by submitting a letter addressed to admissions@ontarioskillsinstitute.ca advising of the person’s intent to appeal the decision.
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) HER Business School Corp. O/A Ontario Skills Institute
shall ensure that student input is considered in the development of its
Sexual Violence Policy and every time it is reviewed or amended.
(b) HER Business School Corp. O/A Ontario Skills Institute shall review its Sexual Violence Policy 3 years after it is first implemented and amend it where appropriate. This date is (insert date).
10. Collection of Student Data
(a) HER Business School Corp. O/A Ontario Skills Institute shall
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 Ontario Career Colleges Act, 2005 as amended.
This template is intended to be a Sexual Violence and Harassment Policy Guideline and does not constitute legal advice.
Appendix 1
The following represents a list of Provincial Rape Crisis Centres that could be provided as resources:
Canadian Association of Sexual Assault Centres Ontario
Provincial English
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
Français
Fem’aide
Telephone Toll-Free: 1-877-336-2433 ATS: 1 866 860-7082 www.femaide.ca
Sexual Assault/Domestic Violence Treatment Centres 35 hospital-based centres that provide 24/7 emergency care to women.
To locate the Sexual Assault/Domestic Violence Treatment Centre nearest you, follow this link.
Local Alliston, Barrie, Collingwood, Midland and Orillia Huronia
Transition Homes operates La Maison
Rosewood Shelter (Midland) &
Athena's Sexual Assault Counselling and Advocacy Centre 24-Hour Crisis Line:
Barrie: 705-737-2008 or 1-800-987-0799 Midland: 705-526-4211 or 1-800-461-175 Office: 705-526-3221 www.huroniatransitionhomes.ca
Belleville
Sexual Assault Centre for Quinte and District Toll-Free: 1-877-544-6424
Office: 613-967-6300
www.sacqd.com
Bracebridge
Muskoka/Parry
Sound Sexual Assault Services Parry Sound District Office
Office: (705)
774-9083 or 1-877-851-6662 www.daphnewymn.com
Muskoka District
Office
Office: (705) 646-2122 or 1-877-406-1268 www.daphnewymn.com
Brantford
Sexual Assault Centre of Brantford Crisis: 519-751-3471
Office: 519-751-1164 sexualassaultcentre@sacbrant.ca http://sacbrant.ca/ Brockville
Assault Response & Care Centre
Office: (613) 345-3881 or 1-800-567-7415 arcc@bgh-on.ca
www.arc-c.ca
Chatham
Chatham-Kent Sexual Assault Crisis Centre 24-Hour Crisis Line: 519-354-8688 Office/TTY: 519-354-8908 http://cksacc.org/
Cornwall
Sexual Assault Support Services for Women Office:613-932-1755 http://sassforwomen.ca/ Iethinisten:ha
Women’s Shelter
Akwasasne Family Violence Program
24-Hour Crisis: 1-800-480-4208
Phone: 613-937-4322 www.akwesasne.ca/iethinistenha-women’s-shelter
Durham Region
Durham Rape Crisis Centre Crisis: 905-668-9200 Office: 905-444.9672 info@drcc.ca www.drcc.ca
Eganville
Women’s Sexual Assault Centre of Renfrew County 24-Hour Crisis: 1-800-663-3060
Office: 613-735-5551
www.wsac.ca
Guelph
Guelph-Wellington Women in Crisis Crisis: 519-836-5710 1-800-265-7233
Office: 519-823-5806 www.gwwomenincrisis.org
Hamilton
Sexual Assault Centre (Hamilton and Area) Crisis: (905) 525-4162
Office (905) 525-4573
TTY: 905-525-4592
www.sacha.ca
Kenora
Kenora Sexual Assault Centre
Crisis: (807) 468-7233 or 1-800-565-6161 Office: (807) 468-7958 www.kenorasexualassaultcentre.com
Kingston
Sexual Assault Centre Kingston
Crisis: 613-544-6424 or 1-877-544-6424 Office: 613-545-0762 sack@sackingston.com www.sackingston.com
Kitchener-Waterloo
Sexual Assault Support Centre of Waterloo Region Crisis: 519.741.8633
Office: 519.571.0121
info@sascwr.org
www.kwsasc.org
London
Sexual Assault Centre London Crisis: 519-438-2272
Office 519-439-0844
TTY: 519-439-0690 sacl@sacl.ca
www.sacl.ca
London Abused Women’s Centre Office: 519-432-2204
E-Mail: info@lawc.on.ca http://lawc.on.ca/
Peel Region
Hope 24/7 (formerly the Sexual Assault/Rape Crisis Centre of Peel) Crisis:1-800-810-0180
Office: (905) 792-0821
http://hope247.ca/
Newmarket
Women’s Support Network of York Region Crisis: 1-800-263-6734 or 905-895-6734 Office: (905) 895-3646 www.womenssupportnetwork.ca
North Bay
Amelia Rising Women's Sexual Assault Centre of Nipissing/centre d’aggressions sexuelles de Nipissing Crisis: 705-476-3355 Office: 705-840-2403 TTY: (705) 840-5877 info@ameliarising.ca www.ameliarising.ca
Oakville
Sexual
Assault & Violence Intervention Services of Halton Crisis:
905-875-1555 or 1-877-268-8416
Office: 905-825-3622
www.savisofhalton.org
Orangeville
Family Transition Place Crisis: 1-800-265-9178 Office: 519-942-4122 www.familytransitionplace.ca Ottawa
Sexual Assault Support Centre Crisis: 613-234-2266
Phone: 613-725-2160
TTY: 613-725-1657 info@sascottawa.com http://sascottawa.com
Ottawa
Rape Crisis Centre Crisis: 613-562-2333 Office: 613-562-2334 http://orcc.net/
Peterborough
& Kawarthas
Kawartha
Sexual Assault Centre
Crisis: (705) 741- 0260
or 1-866-298-7778 Office/TTY: (705) 741-0260 www.kawarthasexualassaultcentre.com
YWCA Peterborough Haliburton Crisis: 1-800-461-7656
Office: 705.743.3526 x 130 www.ywcapeterborough.org
Sault Ste Marie
Women in Crisis (Algoma) Inc.
Crisis: 705-759-1230 or 1-877-759-1230 www.womenincrisis.ca
Sarnia-Lambton
Sexual Assault Survivors Centre Sarnia-Lambton Crisis: 519 337-3320 or 1-888-231-0536
Office: (519) 337-3154 www.sexualassaultsarnia.on.ca
Simcoe
Haldimand & Norfolk Women's Service Crisis: 1-800-265-8076
TTY: 1-800-815-6419
Office: 519-426-8048 hnws@hnws.on.ca
www.hnws.on.ca
St. Catherines
Niagara Region Sexual Assault Centre Crisis: (905) 682-4584
Office: (905) 682-7258 carsa@sexualassaultniagara.org http://sexualassaultniagara.org/
Thunder Bay
Thunder Bay Sexual Assault and Sexual Abuse Crisis and Counselling Centre Office: (807) 345-0894 or 1-866-311-5927 tbcounselling@tbsasa.org www.tbsasa.org
Timmins
Timmins
and Area Women in Crisis Crisis: 1-877-268-8380 (sexual assault)
Crisis: 1-855-827-7233 (shelter)
Office: (705) 268-8381
info@tawc.ca
http://www.tawc.ca/
Toronto
Oasis Centre des Femmes
Téléphone : 416-591-6565
Courriel : services@oasisfemmes.org
http://oasisfemmes.org/
Toronto Rape Crisis Centre: Multicultural Women Against Rape Crisis: 416-597-8808
Office: 416-597-1171
info@trccmwar.ca
crisis@trccmwar.ca
www.trccmwar.ca
Windsor
Sexual Assault Crisis Centre of Essex County Crisis: 519-253-9667
www.saccwindsor.net
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