Type: Administrative
Responsibility: Controller and Administration Office
Policy Update Effective Date: August 8, 2024
Review Date: August 8, 2024
This Policy applies to: All members of the College community including executives, governors, administrators, faculty, staff, students, contractors, suppliers of services, individuals who are directly connected to any College initiatives, volunteers, and visitors.
The Policy applies to incidents and complaints of sexual misconduct, sexual violence, or sexual harassment that have occurred on the A1 Global College campus or at an A1 Global College career college event and involve members of the A1 Global College community.
All members of A1 Global College (A1 Global College) community have a right to work and study in an environment that is free from any form of sexual violence. This document sets out our policy and response protocol to sexual violence and ensures that those who experience sexual violence are believed and their rights respected, that the College has a process of investigation that protects the rights of individuals and holds individuals who have committed an act of sexual violence accountable.
A1 Global College will post its Sexual Violence Policy on its website and include it in the student enrollment documents.
Policy and the training on the process to responding and addressing incidents and complaints of sexual violence will be provided to all instructors and other employees of A1 Global College.
Complainant: An individual who brings forward a Complaint that alleges that an incident of Sexual Violence has taken place, pursuant to this Policy.
Complaint: The sharing of information about an incident or pattern of incidents or behaviour that is believed by the Complainant to contravene this Policy, which information is shared for the purpose of initiating an Investigation process under this policy that could result in corrective action.
Respondent: An individual against whom a Complaint has been made, pursuant to the Policy.
Sexual assault: 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.
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.
Consent: The voluntary agreement to engage in the sexual activity in question. It 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:
Note: It is the responsibility of the initiator of sexual activity to obtain clear and affirmative responses at all stages of sexual engagement.
For information purpose only, Consent as defined in the Criminal Code:
Consent: The voluntary agreement to engage in the sexual activity in question. No consent is obtained, where
Acquaintance sexual assault: Includes partner, friend, date, peer, colleague or anyone already known to the person. Sexual gender-based violence is most often perpetrated by an acquaintance. The term “date rape” is interchangeable with “acquaintance sexual assault.”
Age of consent for sexual activity: The age at which a person can legally consent to sexual activity. In Canada, children under 12 can never legally consent to sexual acts. Sixteen is the legal age of consent for sexual acts. There are variations on the age of consent for adolescents who are close in age between the ages of 12 and 16. Twelve and 13-yearolds can consent to have sex with other youth who are less than 2 years older than themselves. Youth who are 14 and 15 years old may consent to sexual involvement that is mutual with a person who is less than 5 years older. Youths 16 and 17 years old may legally consent to sexual acts with someone who is not in a position of trust or authority.
Coercion: In the context of sexual violence, coercion is unreasonable and persistent pressure for sexual activity. Coercion is the use of emotional manipulation, blackmail, threats to family or friends, or the promise of rewards or special treatment, to persuade someone to do something they do not wish to do, such as being sexual or performing particular sexual acts.
Drug-facilitated sexual assault: The use of alcohol and/or drugs (prescription or non-prescription) by a perpetrator to control, overpower or subdue a victim for purposes of sexual assault.
Stalking: A form of criminal harassment prohibited by the Criminal Code of Canada. It involves behaviours that occur on more than one occasion and which collectively instill fear in the victim or threaten the victim/target’s safety or mental health. Stalking can also include threats of harm to the target’s friends and/or family. These behaviours include but are not limited to non-consensual communications (face to face, phone, email, social media); threatening or obscene gestures; surveillance; sending unsolicited gifts; “creeping” via social media/cyber-stalking; and uttering threats.
Survivor: A survivor is anyone who has experienced sexual assault. Individuals might be more familiar with the term “victim”. We use the term survivor because having experienced sexual assault means you’ve survived something — not that you’ve been victimized by it.
Sexual Harassment: A broad range of actions not including assault as it is described in the Criminal Code, but it can include sexual assault (unwanted physical acts). Sexual harassment refers to one or a series of comments or behaviours related to gender, or of a sexual nature that is known or ought to reasonably be known to be unwelcome, unwanted, offensive, intimidating, hostile, or inappropriate. Harassment and Bullying are both covered under Occupational Health and Safety Act. The definition of workplace harassment in the Occupational Health and Safety Act includes harassment which is prohibited under the Ontario Human Rights Code as well as what is often called psychological harassment or personal harassment. Specifically, the Occupational Health and Safety Act have workplace violence and workplace harassment policies.
Gender-based harassment: Gender-based harassment is one type of sexual harassment. Gender-based harassment is “any behaviour that polices and reinforces traditional heterosexual gender norms. In some cases, gender-based harassment may look the same as harassment based on sexual orientation, or homophobic bullying, and trans homophobia.
Gender-based violence: Any form of behaviour, including psychological, physical, and sexual behaviour that is based on an individual’s gender and is intended to control, humiliate, or harm the individual. The form of violence is generally directed at women and girls. It reflects an attitude or prejudice at the individual or institutional level that aims to subordinate an individual or group on the basis of sex and/or gender identity, gender queer/gender variant and transgender queer.
Bystander: For the purposes of sexual violence prevention, a bystander is anyone who is neither a victim nor an offender, but who could potentially get involved to make a difference. It refers to anyone who is in a position to intervene before, during or after the sexual act.
Cyber bullying and harassment: Often used interchangeably, cyber harassment and cyber bullying are defined as repeated, unsolicited, reasonably known to be unwelcome, by a person or group using cell phone or Internet technology with the intent to bully, harass, and intimidate a victim. The harassment can take place in any electronic environment where communication with others is possible, as on social networking sites, on message boards, in chat rooms, through text messages or through email.
Member of the College Community: Includes but is not limited to all employees, governors, students, contractors, suppliers of service, individuals who are directly connected to college initiatives, volunteers and visitors.
Up-stander: For the purposes of sexual violence prevention, an up-stander is anyone who is neither a victim nor an offender, but who gets involved to make a difference. It refers to anyone who intervenes before, during or after the sexual act.
Sexual assault and sexual violence in all its forms are unacceptable and will not be tolerated at A1 Global College. The College is expected to be a safe and positive space where members of the College community feel able to work, learn and express themselves in an environment free from sexual violence.
All reported incidents of sexual violence will be investigated to the best of the administration’s ability and in a manner that ensures due process. No individual should feel uncomfortable about making a report in good faith about sexual violence that he or she has experienced or witnessed.
We recognize that sexual violence can occur between individuals regardless of sexual orientation, gender, and gender identity or relationship status as articulated in the Ontario Human Rights Code. We also recognize that individuals who have experienced sexual violence may experience emotional, academic or other difficulties.
We are committed to:
A complaint of sexual assault or any other kind of sexual violence can be filed under this Policy by any member of the College community.
The College will seek to achieve procedural fairness in dealing with all complaints. As such, no sanction and/or disciplinary action will be taken against a person or group without their knowledge where there is an alleged breach of this Policy. It is intended that accused individuals be given reasonable notice, with full detail of the allegations and provided with an opportunity to answer to the allegations made against them.
A1 Global College’s students, instructors, other employees and contractors should report incidents of or complaints of sexual violence to Vaibhav Sachdeva, Controller, by email: phone: +14378335504 and/or Vikram Singh, Campus Director, by email: phone: +14164569560.
Persons affected by sexual violence who would like to learn about/ receive support services should contact Vaibhav Sachdeva, Controller, as well as check Appendix 2 for the list of support services centres available in Ontario
A Complainant has the right to withdraw a complaint at any stage of the process. However, the College may continue to act on the issue identified in the complaint in order to comply with its obligation under this Policy and/or its legal obligations.
A Complainant is not required to report an incident or make a complaint in order to obtain the supports, services and accommodations referred to in this policy. The Complainant will notify the following persons:
Campus Director, Vikram Singh tel. +14164569560, email: [email protected]
And/ or
Controller, Vaibhav Sachdeva at +14378335504, email: [email protected]
if they wish not to pursue a formal complaint under this policy.
7.3. Protection from Reprisals, Retaliation or Threats:
It is contrary to this Policy for anyone to retaliate, engage in reprisals or threaten to retaliate against a complainant or other individual for:
Anyone engaged in such conduct may be subject to sanctions and/or discipline.
If a person, in good faith, discloses or files a sexual violence complaint that is not supported by evidence gathered during an investigation, that complaint will be dismissed and no record of it will be placed in the complainant’s or respondent’s file. However, disclosures or complaints that are made to purposely annoy, embarrass or harm the respondent are considered frivolous, vexatious, or bad faith complaints and may result in sanctions against the complainant and/or discipline.
Confidentiality is particularly important to those who have disclosed sexual violence. The confidentiality of all persons involved in a report of sexual violence must be strictly observed, and the College does its best to respect the confidentiality of all persons, including the complainant, respondent, and witnesses.
However, confidentiality cannot be assured in the following circumstances:
In such circumstances, information would only be shared with necessary services to prevent harm, and the name of the victim would not be released to the public.
Where the College becomes aware of an allegation of sexual violence by a member of the College community against another member of the College community, the College may also have an obligation to take steps to ensure that the matter is dealt with in order to comply with the College’s legal obligation and/or its policies to investigate such allegations. In such cases, certain College administrators will be informed about the reported incident on a “need to know” and confidential basis, but not necessarily of the identities of the persons involved.
If you have experienced Sexual Violence, go to a safe place where you can find physical safety and support.
It is often difficult to disclose and report incidents of Sexual Violence. It is entirely up to you if you choose to report the incident; however, we strongly encourage you to do so by contacting your local Police service and/or the following specialized resources. They will assist you by providing available support and resources, including how to access medical attention:
Peel:
If you are not within the Peel region but within Ontario please contact the:
Assaulted Women’s Helpline:
Individuals who have experienced Sexual Violence outside of these areas are encouraged to contact local authorities for assistance.
If you want to speak to someone directly, after having experienced Sexual Violence, and need support on campus during business hours, please call (905) 672-2277, or go directly to our Controller and
Administration Office, to Vaibhav Sachdeva, Controller or Vikram Singh, Principal/ Campus Director and we will assist you by providing all the resources and support you need.
It is often difficult to disclose and report incidents of sexual violence. It is entirely up to you if you choose to report the incident; however, we strongly encourage you to do so.
Anyone who has experienced sexual violence has the right to:
A1 Global College’s Controller and Administration Office, listed above can assist you with filing a complaint. If the alleged perpetrator is another member of the College community, you may file a complaint under this Policy.
Individuals who have experienced sexual violence may also wish to press charges under the Criminal Code. The Controller’s Office can also assist you with contacting the local Police.
If you witness sexual violence, please contact A1 Global College’s Controller and Administration Office at: (905) 672-2277, and we will assist you by providing all the resources and necessary support to report the incident. If you want to speak to someone directly, please go to Vaibhav Sachdeva, Controller or Vikram Singh, Principal/ Campus Director.
If a member of faculty or staff of the College becomes aware of an allegation of sexual violence against another member of the College community, the faculty or staff is required to report the alleged incident to A1 Global College’s Controller and Administration Office immediately.
A person may choose to confide in someone about an act of sexual violence, such as a student, instructor, Campus Director, or other staff member. An individual who has experienced sexual violence may also disclose to staff or faculty members when seeking support and/or academic accommodation. A supportive response involves:
If disclosure is made to faculty or staff by a student seeking support or academic accommodation, the faculty or staff should refer the student to A1 Global College’s Controller and Administration Office, and work with them to ensure that the student receives all necessary academic and other accommodations.
As indicated above, if faculty or staff of the College becomes aware of an allegation of sexual violence against another member of the College community, the faculty or staff is required to report the alleged incident to Controller and Administration Office immediately.
Sensitive and timely communication with individuals who have experienced sexual violence and their family members (only when an individual gives consent to this communication) is a central part of the College’s first response to sexual violence. To facilitate communication the College will:
While everyone on campus has a role to play in responding to incidents of sexual violence, some campus members will have specific responsibilities which include:
Information about these resources is available below.
Where a complaint of sexual violence has been reported to the College, the College will exercise care to protect and respect the rights of both the complainant and the respondent. The College understands that individuals who have been the victims of sexual violence may wish to control whether and how their experience will be dealt with by the police and/or the College. In most circumstances, the person will retain this control. However, in certain circumstances, the College may be required to initiate an internal investigation and/or inform the police of the need for a criminal investigation, even without the person’s consent, if the College believes that the safety of other members of the College community is at risk.
A report of sexual violence may also be referred to the police, or to other community resources at the complainant’s request, where the persons involved are not members of the College community or in circumstances where the College is unable to initiate an internal investigation under this Policy.
Sexual violence is a violation of A1 Global College’s Sexual Assault and Sexual Violence Policy and Protocol. It is considered a serious offence and will be addressed in a manner which is consistent with other serious offences.
Sexual violence is a violation of A1 Global College’s Workplace Violence Policy and Workplace Harassment Policy.
Allegations against faculty and staff will be addressed in accordance with the procedures set out in these Policies, and in any applicable collective agreement, and/or other College policies. If the complaint is sustained following an investigation, the College will decide on the appropriate disciplinary actions consistent with any applicable collective agreement and/or policies regarding discipline.
Contractors, suppliers, volunteers or visitors who attend on campus will be subject to complaints if they engage in prohibited conduct. Where a complaint against the respondent is substantiated, the College will take appropriate action.
All contractual relationships entered into by the College will be governed by a standard contract compliance clause stating that contractors must comply with this Policy and the Ontario Human Rights Code, including co-operating in investigations. Breach of the clause may result in penalties, cancellation, or other sanctions.
Where criminal and/or civil proceedings are commenced in respect of the allegations of sexual violence, the College shall conduct its own independent investigation into such allegations, and will make its own determination in accordance with its policies and procedures. Where there is an ongoing criminal investigation, the College will cooperate with the local police.
Under this Sexual Violence Policy, any student of A1 Global College may file a report of an incident or a complaint to A1 Global College in writing and submit an email to Vaibhav Sachdeva, Controller, at [email protected] and/ or Vikram Singh, Campus Director, or a hard copy to A1 Global College, #144 – 2960 Drew Road, Mississauga, ON, L4T 0A5 , Attn: Vaibhav Sachdeva and/ or Vikram Singh.
Upon receipt of a report of an incident or a complaint of alleged sexual violence being made, A1 Global College will respond promptly and
Once an investigation is initiated, the following will occur:
Following the investigation, A1 Global College’s investigator will:
Disciplinary Measures:
If it is determined by A1 Global College that the Respondent did engage in sexual violence, immediate disciplinary or corrective action will be taken. This may include:
Should the Complainant or the Respondent not agree with the decision resulting from the investigation, he or she may appeal the decision to Campus Director within 5 days by submitting a letter addressed to:
A1 Global College, 2960 Drew Rd #144, Mississauga, ON L4T 0A5, ATTN: Vikram Singh, Campus Director advising of the person’s intent to appeal the decision.
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.
9.15. 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.
9.16 Review
A1 Global College shall ensure that student input is considered in the development of its Sexual Violence Policy and every time it is reviewed or amended.
A1 Global College shall review its Sexual Violence Policy and amend it where appropriate.
Reviewed August 8, 2024.
APPENDIX 1, Other resources
This policy refers to the offence of sexual assault to align with the current offence contained in the Criminal Code. The word u rape” is no longer used in criminal statutes in Canada. The term was replaced many years ago to acknowledge that sexual violence is not about sex but is about acts of psychological and physical violence. The term “sexual assault” provides a much broader definition and criminalizes unwanted behaviour such as touching and kissing as well as unwanted oral sex and vaginal and anal intercourse. Although the term no longer has a legal meaning in Canada, the term rape is still commonly used.
Myth | Fact |
It wasn’t rape, so it wasn’t sexual violence. | As outlined above, sexual assault and sexual violence encompasses a broad range of unwanted touching. Any unwanted sexual contact is considered to be sexual violence. A survivor can be severely affected by all forms of sexual violence, including unwanted fondling, rubbing, kissing, or other sexual acts. Many forms of sexual violence involve no physical contact, such as stalking or distributing intimate visual recordings. All of these acts are serious and can be damaging. |
Sexual assault can’t happen to me or anyone I know. | Sexual assault can and does happen to anyone. People of all socioeconomic and ethnic backgrounds are victims of sexual assault. Young women, Aboriginal women and women with disabilities are at greater risk of experiencing sexual assault. |
Sexual assault is most often committed by strangers. | Someone known to the victim, including acquaintances, dating partners, and common-law or married partners, commit approximately 82 per cent of sexual assaults |
Sexual assault is most likely to happen outside in dark, dangerous places. | The majority of sexual assaults happen in private spaces like a residence or private home. |
If an individual doesn’t report to the police, it wasn’t sexual assault. | Just because a victim doesn’t report the assault doesn’t mean it didn’t happen. Fewer than one in ten victims report the crime to the police. |
It’s not a big deal to have sex with someone while he/she is drunk, stoned or passed out. | If a person is unconscious or incapable of consenting due to the use of alcohol or drugs, he/she cannot legally give consent. Without consent, it is sexual assault. |
If the person chose to drink or use drugs, then it isn’t considered sexual assault. | This is a prominent misconception about sexual assault. No one can consent while drunk. Some people drink to lose their inhibitions. If you’re going to be drinking with a sweetheart and maybe hooking up later while drunk, discuss boundaries ahead of time, but know that consent can’t truly be given in advance. |
If the victim didn’t scream or fight back, it probably wasn’t sexual assault. | When an individual is sexually assaulted, he/she may become paralyzed with fear and be unable to fight back. The person may be fearful that if he/she struggles, the perpetrator will become more violent. If the person is under the influence of alcohol or drugs, he/she may be incapacitated or unable to resist. |
If you didn’t say no, it must be your fault. | People who commit sexual assault/abuse are trying to gain power and control over their victim. They want to make it extremely difficult, if not impossible, for their victim to say no. A person does not need to actually say the word “no” to make it clear that he/she did not want to participate. |
If a woman isn’t crying or visibly upset, it probably wasn’t a serious sexual assault. | Every woman responds to the trauma of sexual assault differently. She may cry or she may be calm. She may be silent or very angry. Her behaviour is not an indicator of her experience. It is important not to judge a woman by how she responds to the assault. |
If someone does not have obvious physical injuries, like cuts or bruises, he/she probably was not sexually assaulted. | Lack of physical injury does not mean that a person wasn’t sexually assaulted. An offender may use threats, weapons, or other coercive actions that do not leave physical marks. The person may have been unconscious or been otherwise incapacitated |
If it really happened, the victim would be able to easily recount all the facts in the proper order. | Shock, fear, embarrassment and distress can all impair memory. Many survivors attempt to minimize or forget the details of the assault as a way of coping with trauma. Memory loss is common when alcohol and/or drugs are involved. |
Individuals lie and make up stories about being sexually assaulted; and most reports of sexual assault turn out to be false. | According to Statistics Canada, fewer than one in 10 sexual assault victims report the crime to the police. Less than 2% of sexual assault reports are false, the same false reporting rate as for all other major crimes. The number of false reports for sexual assault is very low, consistent with the number of false reports for other crimes in Canada. Sexual assault carries such a stigma that many people prefer not to report |
Persons with disabilities don’t get sexually assaulted. | Individuals with disabilities are at a high risk of experiencing sexual violence or assault. Those who live with activity limitations are over two times more likely to be victims of sexual assault than those who are able bodied |
A spouse or significant other cannot sexually assault their partner. | Sexual assault can occur in a married or other intimate partner relationship. The truth is, sexual assault occurs ANY TIME there is not consent for sexual activity of any kind. Being in a relationship does not exclude the possibility of, or justify, sexual assault. A person has the right to say “no” at ANY point. |
People who are sexually assaulted “ask for it” by their provocative behaviour or dress. | This statement couldn’t be more hurtful or wrong. Nobody deserves to be sexually assaulted. Someone has deliberately chosen to be violent toward someone else; to not get consent. Nobody asks to be assaulted. Ever. No mode of dress, no amount of alcohol or drugs ingested, no matter what the relationship is between the survivor and the perpetrator or what the survivor’s occupation is, sexual assault is always wrong |
Sexual assault only happens to women. | Not true. The majority of sexual assaults are committed against women by men, but people of all genders, from all backgrounds have been/can be assaulted |
Sexual abuse of males is rare. | Estimates show that 1 in 8 men will experience some form of sexual violence during their lifetime. Sexual assault/abuse occurs in every economic, ethic, age and social group. |
If you got aroused or got an erection or ejaculated, you must have enjoyed it. | It is normal for your body to react to physical stimulation. Just because you became physically aroused does not mean that you liked it or wanted it or consented in any way. If you experienced some physical pleasure, this does not take away the fact that sexual abuse happened or the effects or feelings of abuse. |
Region in Ontario Sexual Assault Centre 24-hr Crisis Line Office Phone | Region in Ontario Sexual Assault Centre 24-hr Crisis Line Office Phone |
Algoma (Sault Ste. Marie) Women In Crisis Algoma 1-877-759-1230 705-759-1230 | Algoma (Sault Ste. Marie) Women In Crisis Algoma 1-877-759-1230 705-759-1230 |
Belleville-Quinte | Sexual Assault Centre for Quinte & District 1-877-544-6424 613-967-6300 |
Brant | Sexual Assault Centre of Brant 519-751-3471 519-751-1164 |
Bruce County | Women’s House Serving Bruce and Grey: Sexual Assault Services 1-866-578-5566 519-372-1113 |
Chatham-Kent | Chatham-Kent Sexual Assault Crisis Centre 519-354-8688 519-354-8908 |
Cornwall | Sexual Assault Support Services for Women, Cornwall English: 613-932-1603 613-932-1755 French: 613-932-1705 |
East Algoma (Elliot Lake) | Counselling Centre of East Algoma 1-800-721-0077 705-848-2585 |
Guelph-Wellington | Guelph-Wellington Women in Crisis 519-836-5710 519-836-1110 1-800-265-7233 |
Halton (Oakville) | Sexual Assault & Violence Intervention Services of Halton 905-875-1555 905-825-3622 |
Hamilton Sexual Assault Centre | Hamilton & Area (SACHA) 905-525-4162 905-525-4573 |
Kawartha(Peterborough & Area) | Kawartha Sexual Assault Centre 705-741-0260 705-748-5901 1-800-663-3060 6 13-735 – 5551 |
Region in Ontario | Sexual Assault Centre 24-hr Crisis Line | Office Phone |
Kenora | Kenora Sexual Assault Centre 807-468-7233 1-800-565-6161 | 807-468-7958 |
Kingston | Sexual Assault Centre Kingston 613-544-6424 1-877-544-6424 | 613-545-0762 |
Waterloo | Sexual Assault Support Centre of Waterloo Region | |
519-741-8633 | 519-571-0121 | |
London-Middlesex | Sexual Assault Centre London 519-438-2272 1-877-529-2272 | 519-439-0844 |
Muskoka | Athena’s Sexual Assault Counselling & Advocacy Centre | |
705-737-2008 1-800-987-0799 | 705-737-2884 | |
Niagara | Niagara Region Sexual Assault Centre 905-682-4584 | 905-682-7258 |
Nipissing | Amelia Rising Sexual Assault Centre of Nipissing 705-476-3355 705-840-2403 | Amelia Rising Sexual Assault Centre of Nipissing 705-476-3355 705-840-2403 |
Oshawa-Durham | Oshawa-Durham Rape Crisis Centre 905-668-9200 905-444-9672 | Oshawa-Durham Rape Crisis Centre 905-668-9200 905-444-9672 |
Ottawa SASC | Sexual Assault Support Centre of Ottawa 613-234-2266 613-725-2160 | Sexual Assault Support Centre of Ottawa 613-234-2266 613-725-2160 |
Ottawa RCC | Ottawa Rape Crisis Centre 613-562-2333 613-562-2334 | Ottawa Rape Crisis Centre 613-562-2333 613-562-2334 |
Peel | Hope 24/7: Sexual Assault Centre of Peel 1-800-810-0180 905-792-0821 | Hope 24/7: Sexual Assault Centre of Peel 1-800-810-0180 905-792-0821 |
Renfrew | Women’s Sexual Assault Centre of Renfrew County | Women’s Sexual Assault Centre of Renfrew County |
Region in Ontario | Sexual Assault Centre 24-hr Crisis Line Office Phone |
Sarnia-Lambton | Sexual Assault Survivors’ Centre Sarnia Lambton 519-337-3320 519-337-3154 |
Sudbury | Voices for Women Sudbury 705-523-7100 ext. 2647 |
Thunder Bay | Thunder Bay Sexual Abuse & Sexual Assault Counselling & Crisis Centre 807-344-4502 807-345-0894 |
Timmins | Timmins and Area Women in Crisis 1-877-268-8380 705-268-8381 |
Toronto | Multicultural Women Against Rape/Toronto Rape Crisis Centre 416 597-8808 416-597-1171 |
Windsor-Essex | Sexual Assault Crisis Centre of Essex County 519-253-9667 519-253-3100 |
York | Women’s Support Network of York Region 1-800-263-6734 905-895-7313 905-895-3646 |
Last Updated: 15-07-2024
This policy is a guide only. The Criminal Code R.S.C., 1985 c. C-46, the Ontario Human Rights Code, and the Private Career Colleges Act 2005, take precedence, and should be referred to in all cases.
Sexual assault: 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.
Sexual violence: A broad term that describes any violence, physical or psychological, carried out through sexual means or by targeting sexuality. This violence takes different forms including sexual abuse and sexual assault.
Consent: The voluntary and explicit agreement to engage in the sexual activity in question. It 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:
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.
Note: For information purposes only, the Criminal Code defines “consent” as follows:
Consent: The voluntary agreement to engage in the sexual activity in question. No consent is obtained, where
Acquaintance sexual assault: Sexual contact that is forced, manipulated, or coerced by a partner, friend or acquaintance.
Age of consent for sexual activity: The age at which a person can legally consent to sexual activity. In Canada, children under 12 can never legally consent to sexual acts. Sixteen is the legal age of consent for sexual acts. There are variations on the age of consent for adolescents who are close in age between the ages of 12 and 16. Twelve and 13 year-olds can consent to have sex with other youth who are less than 2 years older than themselves. Youth who are 14 and 15 years old may consent to sexual involvement that is mutual with a person who is less than 5 years older. Youths 16 and 17 years old may legally consent to sexual acts with someone who is not in a position of trust or authority.
Coercion: In the context of sexual violence, coercion is unreasonable and persistent pressure for sexual activity. Coercion is the use of emotional manipulation, blackmail, threats to family or friends, or the promise of rewards or special treatment, to persuade someone to do something they do not wish to do, such as being sexual or performing particular sexual acts.
Drug-facilitated sexual assault: The use of alcohol and/or drugs (prescription or non-prescription) by a perpetrator to control, overpower or subdue a victim for purposes of sexual assault.
Stalking: A form of criminal harassment prohibited by the Criminal Code of Canada. It involves behaviours that occur on more than one occasion and which collectively instill fear in the victim or threaten the victim/target’s safety or mental health. Stalking can also include threats of harm to the target’s friends and/or family. These behaviours include, but are not limited to non-consensual
communications (face to face, phone, email, social media); threatening or obscene gestures; surveillance; sending unsolicited gifts; “creeping” via social media/cyber-stalking; and uttering threats.
Survivor: Some who have experienced sexual violence may choose to identify as a survivor. Individuals might be more familiar with the term “victim”. We use the term “survivor” throughout this policy where relevant because some who have experienced sexual assault believe they have overcome the violent experience and do not wish to identify with the victimization. It is the prerogative of the person who has experienced these circumstances to determine how they wish to identify.
All members of the College community have a right to a work and study in an environment that is free from any form of sexual violence. This document sets out our policy and response protocol to sexual violence and ensures that those who experience sexual violence are believed and their rights respected, that the College has a process of investigation that protects the rights of individuals and holds individuals who have committed an act of sexual violence accountable.
Sexual assault and sexual violence are unacceptable and will not be tolerated. We are committed to challenging and preventing sexual violence and creating a safe space for anyone in our College community who has experienced sexual violence. The College is expected to be a safe and positive space where members of the College community feel able to work, learn and express themselves in an environment free from sexual violence.
All reported incidents of sexual violence will be investigated to the best of the administration’s ability and in a manner that ensures due process. It is this policy’s intention to make individuals feel comfortable about making a report in good faith about sexual violence that they have experienced or witnessed.
We recognize that sexual violence can occur between individuals regardless of sexual orientation, gender, and gender identity or relationship status as articulated in the Ontario Human Rights Code. We also recognize that individuals who have experienced sexual violence may experience emotional, academic or other difficulties.
The College is committed to:
A complaint of sexual assault or any other kind of sexual violence can be filed under this Policy by any member of the College community.
The College will seek to achieve procedural fairness in dealing with all complaints. As such, no sanction and/or disciplinary action will be taken against a person or group without their knowledge where there is an alleged breach of this Policy. Respondents will be given reasonable notice, with full detail of the allegations and provided with an opportunity to answer to the allegations made against them.
A complainant has the right to withdraw a complaint at any stage of the process. However, the College may continue to act on the issue identified in the complaint in order to comply with its obligation under this Policy and/or its legal obligations.
It is contrary to this Policy for anyone to retaliate, engage in reprisals or threaten to retaliate against a complainant or other individual for:
Anyone engaged in such conduct may be subject to sanctions and/or discipline.
A victim may choose to confide in anyone about an act of sexual violence – a student, professor, instructor, teaching assistant, coach, or staff from housing, health, counselling or security. Everyone on campus will have access to basic information on how to provide a compassionate and reassuring response.
Process for responding to and addressing incidents and complaints of sexual violence involving students: Step 1: The “first responder” at the College is the Campus Manager.
The Campus Manager will provide information about campus and community services that are immediately available.
The Campus Manager will:
Step 2: The Campus Manager’s primary functions will also include:
Step 3: The Campus Manager may also:
If a person, in good faith, discloses or files a sexual violence complaint that is not supported by evidence gathered during an investigation, that complaint will be dismissed.
Disclosures or complaints that are found following investigation to be frivolous, vexatious or bad faith complaints, that is, made to purposely annoy, embarrass or harm the respondent may result in sanctions and/or discipline against the complainant.
Confidentiality is particularly important to those who have disclosed sexual violence. The confidentiality of all persons involved in a report of sexual violence must be strictly observed, and the College does its best to respect the confidentiality of all persons, including the complainant, respondent, and witnesses. However, confidentiality cannot be assured in the following circumstances:
In such circumstances, information would only be shared with necessary services to prevent harm, and the name of the survivor would not be released to the public.
Where the College becomes aware of an allegation of sexual violence by a member of the College community against another member of the College community, the College may also have an obligation to take steps to ensure that the matter is dealt with in order to comply with the College’s legal obligation and/or its policies to investigate such allegations. In such cases, certain College administrators will be informed about the reported incident on a “need to know” and confidential basis, but not necessarily of the identities of the persons involved.
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.
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.
Private Career Colleges Act 2005 https://www.ontario.ca/laws/statute/05p28 Private Career Colleges Act 2005, Regulations https://www.ontario.ca/laws/regulation/060415
Student’s Handbook Available at the Front Desk or from the Campus Manager The Criminal Code R.S.C., 1985 c. C-46, laws-lois.justice.gc.ca/eng/acts/C-46/
The Ontario Human Rights Code https://www.ontario.ca/laws/statute/90h19
Occupational Health and Safety Act https://www.ontario.ca/laws/statute/90o01
Ontario Network of Sexual Assault/Domestic Violence Treatment Centres 76 Grenville Street, Toronto, ON M5S 1B2, Tel. (416) 323-7327 www.satcontario.com/en/home.php
If You Have Experienced Sexual Violence
If you have experienced sexual violence, please contact the College Director immediately at (905) 851-4884.
It is often difficult to disclose and report incidents of sexual violence. It is entirely up to you if you choose to report the incident; however, we strongly encourage you to do so. You are not required to report an incident of, or make a complaint about, sexual violence to obtain supports, services, or accommodation. A number of other resources are available to you, including:
Student Resources Location | Resource | Telephone |
All | Good2Talk – Ontario Post-Secondary Student Helpline | 1-866-925-5454 |
Toronto | Toronto Rape Crisis Centre | (416) 597-8808 |
York | Women’s Support Network of York Region | 1-800-263-6734905-895-7313 |
Peel | Hope 24/7: Sexual Assault Centre of Peel | 1-800-810-0180 |
Durham | Durham Rape Crisis Centre | 905-668-9200 |
Sexual Assault/Domestic Violence Treatment Centres in Ontario are hospital-based centres that provide 24/7 emergency care to women, children and men who have been sexually assaulted or who are victims or survivors of domestic violence (intimate partner) abuse. Services include:
You can choose to have centre staff conduct a physical examination, offer medical care and/or collect any physical (forensic) evidence of a recent sexual assault. It is your decision whether you wish to report the assault to the police or provide the forensic evidence. If you think you were drugged and sexually assaulted, Sexual Assault/Domestic Violence Treatment Centres can also test to determine the presence of drugs in your body.
To contact the Sexual Assault/Domestic Violence Treatment Centre in Ontario nearest you, contact: Ontario Network of Sexual Assault/Domestic Violence Treatment Centres, 76 Grenville Street, Toronto, ON M5S 1B2, Tel. (416) 323-7327
Sexual Assault/Rape Crisis Centres www.sexualassaultsupport.ca
Sexual Assault/Rape Crisis Centres offer a wide variety of services to victims and survivors of sexual violence, 16 years and over. Services include a 24-hour anonymous crisis/support telephone line, individual and group counselling, court, police and hospital accompaniment, information on the legal system, and community referrals. Francophone services are available in designated areas.
The review of the sexual violence policy will occur at least once every three years and amended it if necessary.
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