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Metro College of Technology Sexual Violence Policy

May 1, 2017


Sexual Violence Policy

  • Metro College of 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.
  • Metro College of 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 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) Metro College of Technology 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.
  • (c) Metro College of Technology management, instructors, staff, other employees and contractors of the college will report incidents of or complaints of sexual violence to Paruna Parhar upon becoming aware of them.
  • (d) Students who have been affected by sexual violence or who need information about support services should contact Paruna Parhar.
  • (e) Subject to Section 4 below, to the extent it is possible, Metro College of 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:
    • 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
    • ensuring that the documentation is kept in a separate file from that of the Complainant/student or the Respondent.
  • (f) Metro College of Technology 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, Metro College of 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.
  • (h) In all cases, including (f) above, Metro College of Technology will appropriately accommodate the needs of its students who are affected by sexual violence. Students seeking accommodation should contact Paruna Parhar. In this regard, Metro College of 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 in Appendix 1 attached hereto. Students are not required to file a formal complaint in order to access supports and services.

Investigating Reports of Sexual Violence

  • (a) Under this Sexual Violence Policy, any student of Metro College of Technology may file a report of an incident or a complaint to Paruna Parhar in writing. The other officials, offices or departments that will be involved in the investigation are John Button- Director of Admission, Jawdat Tashan, Lead Instructor).
  • (b) Upon receipt of a report of an incident or a complaint of alleged sexual violence being made, Paruna Parhar will respond promptly and:
    • determine whether an investigation should proceed and if the Complainant wishes to participate in an investigation;
    • 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, Metro College of Technology may conduct its own independent investigation and make its own determination in accordance with its own policies and procedures; and

    • 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:
    • the Complainant and the Respondent will be advised that they may ask another person to be present throughout the investigation;
    • 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;
    • 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;
    • interviewing any person involved or who has, or may have, knowledge of the incident and any identified witnesses;
    • providing reasonable updates to the Complainant and the Respondent about the status of the investigation; and
    • following the investigation, the Paruna Parhar 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 5 below.

Disciplinary Measures

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

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 president of the college, Gary Zhen within 5 days by submitting a letter addressed to the President, Metro College of Technology, 203 College Street, Suite 201, Toronto, ON M5T 1P9 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 studen

Review

  • (a) Metro College of Technology shall ensure that student input is considered in the development of its Sexual Violence Policy and every time it is reviewed or amended.
  • (b) Metro College of Technology shall review its Sexual Violence Policy 3 years after it is first implemented and amend it where appropriate. This date is April 30, 2020.

Collection of Student Data

  • (a) Metro College of Technology 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 32.1 (8), (9), (10) and (11) of Schedule 5 of the Private Career Colleges Act, 2005 as amended.

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

Belleville

Sexual Assault Centre for Quinte and District

Toll-Free: 1-877-544-6424

Office: 613-967-6300

http://sacqd.com/

Bracebridge

Muskoka/Parry Sound Sexual Assault Services

Parry Sound District Office

Office: 705-774-9083 or 1-877-851-6662

Muskoka District Office

Office: 705-646-2122 or 1-877-406-1268

http://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

E-Mail: arcc@bgh-on.ca

http://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

http://akwesasne.ca/iethinistenha-women’s-shelter

Durham Region

Durham Rape Crisis Centre

Crisis: 905-668-9200

Office: 905-444-9672

E-Mail: info@drcc.ca

http://drcc.ca/

Eganville

Women’s Sexual Assault Centre of Renfrew County

24-Hour Crisis: 1-800-663-3060

Office: 613-735-5551

http://wsac.ca/

Guelph

Guelph-Wellington Women in Crisis

Crisis: 519-836-5710 or 1-800-265-7233

Office: 519-823-5806

http://gwwomenincrisis.org/

Hamilton

Sexual Assault Centre (Hamilton and Area)

Crisis: 905-525-4162

Office 905-525-4573

TTY: 905-525-4592

http://sacha.ca/

Kenora

Kenora Sexual Assault Centre

Crisis: 807-468-7233 or 1-800-565-6161

Office: 807-468-7958

http://kenorasexualassaultcentre.com/

Kingston

Sexual Assault Centre Kingston

Crisis: 613-544-6424 or 1-877-544-6424

Office: 613-545-0762

E-Mail: sack@sackingston.com

http://sackingston.com/

Kitchener-Waterloo

Sexual Assault Support Centre of Waterloo Region

Crisis: 519-741-8633

Office: 519-571-0121

E-Mail: info@sascwr.org

http://kwsasc.org/

London

Sexual Assault Centre London

Crisis: 519-438-2272

Office: 519-439-0844

TTY: 519-439-0690

E-Mail: sacl@sacl.ca

http://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

http://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

E-Mail: info@ameliarising.ca

http://ameliarising.ca/

Oakville

Sexual Assault & Violence Intervention Services of Halton

Crisis: 905-875-1555 or 1-877-268-8416

Office: 905-825-3622

http://savisofhalton.org/

Orangeville

Family Transition Place

Crisis: 1-800-265-9178

Office: 519-942-4122

http://familytransitionplace.ca/

Ottawa

Sexual Assault Support Centre

Crisis: 613-234-2266

Phone: 613-725-2160

TTY: 613-725-1657

E-Mail: 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

http://kawarthasexualassaultcentre.com/

YWCA Peterborough Haliburton

Crisis: 1-800-461-7656

Office: 705-743-3526 ext.130

http://ywcapeterborough.org/

Sault Ste Marie

Women in Crisis (Algoma) Inc.

Crisis: 705-759-1230 or 1-877-759-1230

http://womenincrisis.ca/

Sarnia-Lambton

Sexual Assault Survivors Centre Sarnia-Lambton

Crisis: 519-337-3320 or 1-888-231-0536

Office: 519-337-3154

http://sexualassaultsarnia.on.ca/

Simcoe

Haldimand & Norfolk Women’s Service

Crisis: 1-800-265-8076

TTY: 1-800-815-6419

Office: 519-426-8048

E-Mail: hnws@hnws.on.ca

http://hnws.on.ca/

St. Catherines

Niagara Region Sexual Assault Centre

Crisis: 905-682-4584

Office: 905-682-7258

E-Mail: 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

E-Mail: tbcounselling@tbsasa.org

http://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

E-Mail: 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

E-Mail: info@trccmwar.ca

E-Mail: crisis@trccmwar.ca

http://trccmwar.ca/

Windsor

Sexual Assault Crisis Centre of Essex County

Crisis: 519-253-9667

http://saccwindsor.net/

Woodstock

Domestic Abuse Services Oxford

Crisis: 519-539-4811 or 1-800-265-1938

E-Mail: info@daso.ca

http://daso.ca/

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