In March 2016, the Ontario Government passed the Sexual
Violence and Harassment Action Plan Act into law. Part of this
law that took effect on January 1, 2017 requires publicly funded
colleges and universities to create sexual violence policies to try
and reduce sexual violence on campus as well as provide
resources and support services for their students. These policies
must include student ideas and feedback. The policies must be
reviewed at least every three years and updated as needed.

1.Definitions
Sexual violence is defined in this law as any act, threat or
attempt to act that targets a person’s sexuality, gender identity or
gender expression without the person’s permission (consent).
Some examples include sexual harassment, sexual assault,
stalking, or someone watching you or taking pictures/videos of
you without your permission or knowledge.

Sexual assault can be any unwanted physical contact of a sexual
nature or in a sexual situation, done intentionally without your
permission (consent). It includes attempts and threats of
unwanted sexual contact. Sexual contact can range from kissing
and sexual touching to sexual intercourse. Sexual assault is a
criminal offence. You do not have to have physical injuries. There
is no time limit to report sexual assault.

Consent means freely agreeing or giving permission to every
sexual act that happens. This means that only a clear “yes” –
through words or actions – means “yes,” for every sexual act.
Harassment means comments or actions that are unwelcome or
should be known to be unwelcome. It includes behavior that
offends insults or humiliates you. Harassment can often occur
over time, but it can also be a serious one-time event.
Sexual Harassment is harassment based on a person’s
sexuality, gender identity or gender expression. Some specific
examples of sexual harassment include invitations for sexual
activity in exchange for a benefit, or with a threat of punishment,
made by a person in a position of power or authority.

2. Sexual Violence Policy
(a)Canada College of Health and Business Studies, (Hereafter
referred to as The College) is committed to providing its
students with an educational environment free from sexual
violence and /or sexual harassment and treating its students
who report incidents of sexual violence with dignity and
respect.
(b)The College has adopted this Sexual Violence Policy, which
defines sexual violence and outlines its training, reporting,
investigating and disciplinary responses to complaints of sexual
violence made by its students that have occurred, or at one of
its events and involve its students.
(c)The person accused of engaging in sexual violence will be
referred to as the “Respondent” and the person making the
allegation as the “Complainant”.

3. Training, Reporting and Responding to Sexual Violence
(a) The College has included 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 (Controlling shareholders, owners, partners, other
persons who manage or direct the Career College’s affairs, and
their agents), instructors, staff, other employees and contractors
train them about the policy and its processes of reporting,
investigating and responding to complaints of sexual violence
involving its students. Any facilities 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 College premises.
(b) Canada College’s management, instructors, staff, and other
employees) will report incidents of or complaints of sexual
violence to the Executive Director (Administration) upon
becoming aware of them.
(c) Any Students who has been affected by sexual violence and
harassment or who need information about support services
should contact the College’s Executive Director (Admin)
(d) Subject to Section 4 below, to the extent it is possible, the
College 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.

(i) the College will ensure 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, implementation and taking 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.
(e)The College 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.
(f) Notwithstanding (e) above, in certain circumstances, The
College 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 or
the broader community is at risk.
(g) In all cases, including (e) above, the College will appropriately
accommodate the needs of its students who are affected by
sexual violence and Harassments. Students seeking
accommodation should contact the College’s Executive
Director (Admin).
In this regard, the College will assist students who have
experienced sexual violence in obtaining counseling and
medical care, and provide them with information about sexual
violence supports and services available in the community.

4. Investigating Reports of Sexual Violence
(a) Under this Sexual Violence Policy, any student of the College
may file a report of an incident or a complaint to the Executive
Director (Admin.) in writing. The other official, officer or
department that will be involved in the investigations is the
Executive Director (Training and Curriculum) if its involves a
Teaching Staff.
(b) Upon receipt of a report of an incident or a complaint of
alleged sexual violence being made, the Executive Director(s)
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, the College 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, place 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(s)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 Executive Director 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

5. Disciplinary Measures
(a) If it is determined by the College 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 Executive Director within
(5) days by submitting a letter addressed to The
Executive Director (Admin) advising of the person’s
intent to appeal the decision.

7. 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 and Harassment
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. 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.

9.
1. A complainant acting in good faith, who discloses or reports
sexual violence, would not be subject to actions for violations of
the institution’s policies related to drug or alcohol use at the time
the alleged sexual violence occurred
2.During the institution’s investigative process, students who
share their experience of sexual violence through disclosing,
accessing reporting an incident of, making a complaint about, or
accessing support’ and /or reporting to the institution, would not
be asked irrelevant questions by the institution’s staff or
investigators. Example of such irrelevant questions are issues
relating to the student's sexual expression or past sexual history.

10. Review
(a) The College shall ensure that student input is considered in the
development of its Sexual Violence and Harassment Policy and
every time it is reviewed or amended.
(b) The College shall review its Sexual Violence and Harassment
Policy 3 years after it is first implemented and amend it where
appropriate. This date is (August 15, 2024).

11. Collection of Student Data

(a) The College shall collect and be prepared to provide upon
request by the Superintendent of Career Colleges such data
and information as required according to Subsections 32.1 (8),
(9), (10) and (11) of Schedule 5 of the Ontario Career Colleges
Act, 2005 as amended. In so doing, The College will ensure the
information it provides is within the meaning of the Freedom of
Information and Protection of Privacy Act.

This Policy Document is intended to be a Sexual Violence and
Harassment Policy Guideline and does not constitute legal
advice.

The following represents a list of Provincial Rape Crisis
Centre’s that could be provided as resources:
Canadian Association of Sexual Assault Centres
Assaulted Women’s Helpline
Toll Free: 1-866-863-0511
#SAFE (#7233) on Bell, Rogers

EMERGENCY/ACUTE SUPPORT SERVICES:
TORONTO RAPE CRISIS CENTRE/MULTICULTURAL
WOMEN AGAINST RAPE
CRISIS INTERVENTION, COUNSELLING AND REFERRAL FOR
SURVIVORS OF RAPE/SEXUAL ASSAULT. OPEN 24 HOURS.
PHONE: 416-597-8808
WEB: TRCCMWAR.CA
EMAIL: CRISIS@TRCCMWAR.CA

10
Women’s College Hospital Sexual Assault/Domestic
Violence Care Centre (SA/DVCC)
Acute care for those assaulted within the past week. Centre
support available 24 hours a day, seven days a week. Support
for cis- women and cis-men as well as trans people who have
experienced sexual assault and/or intimate partner violence.
You do NOT have to choose to involve police to access this
service.
Phone: 416-323-6040
Web: womenscollegehospital.ca/programs-and-
services/sexual-assault-domestic-violence-care-centre
Women’s Support Network of York Region
Provides free, confidential services for women who have
experienced sexual violence.
Phone: 905-895-7313
Web: womenssupportnetwork.ca

Assaulted Women’s Helpline
24 hour telephone support and counseling available in several
languages.
Phone: 416-863-0511
Web: awhl.org

Sexual Assault/Rape Crisis Centre of Peel
Provides a 24/7 crisis line, online crisis chat, 1-on-1 therapy,
therapeutic groups and workshops.
Phone: 1-800-810-0180
Web: hope247.ca

Victim Services Toronto Provides immediate on-site crisis
response as well as 24/7 trauma support services immediately
following a crisis or sudden tragedy.
Phone:416-808-7066 Web:victimservicestoronto.com