SEXUAL VIOLENCE AND MISCONDUCT POLICY FOR EAST GWILLIMBURY COLLEGE

1) Sexual Violence and Misconduct Policy

• a) East Gwillimbury College is committed to providing its students with an educational environment free from sexual violence or misconduct and treating its students who report incidents of sexual violence or misconduct with dignity and respect.
• b) East Gwillimbury College has adopted this Sexual Violence and Misconduct Policy, which defines sexual violence and misconduct and outlines its training, reporting, investigative and disciplinary responses to complaints of sexual violence and misconduct made by its students that have occurred on its campus.
• c) The person accused of engaging in sexual violence or misconduct will be referred to as the “Respondent” and the person making the allegation as the “Complainant”.

 

2) Definition of Sexual Violence and Misconduct

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.

3) Training, Reporting and Responding to Sexual Violence or Misconduct

• a) East Gwillimbury College shall include a copy of the Sexual Violence and Misconduct Policy in every contract made between it and its students, and provide a copy of the Sexual Violence and Misconduct Policy to career college management, 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 and Misconduct 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, but not limited to, the BC Sexual Violence and Misconduct Policy Act and will provide students access to those policies should they encounter issues relating to sexual violence or misconduct in the workplace.

• b) The Sexual Violence and Misconduct Policy shall be published on its website.
• c) Career college management, instructors, staff, other employees and contractors of East Gwillimbury College will report incidents of or complaints of sexual violence and misconduct to the Campus Director
• d) Students who have been affected by Sexual Violence and Misconduct or who need information about support services should contact the Campus Director.
• e) Subject to Section 4 below, to the extent it is possible, East Gwillimbury 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, or there are reasonable grounds to believe that others on its campus or the broader community are at risk.
• f) East Gwillimbury College recognizes the right of the Complainant not to report an incident of or make a complaint about Sexual Violence or Misconduct or not request an investigation and not to participate in any investigation that may occur.
• g) Notwithstanding , in certain circumstances, East Gwillimbury 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 of its campus or the broader community is at risk.
• h) In all cases, including
• f) above, East Gwillimbury College will appropriately accommodate the needs of its students who are affected by sexual violence or misconduct. Students seeking accommodation should contact the Campus Director. In this regard, East Gwillimbury College will assist students who have experienced sexual violence or misconduct in obtaining counselling and medical care, and provide them with information about Sexual Violence and Misconduct 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.

 

 4) Investigating Reports of Sexual Violence and Misconduct

• a) Under this Sexual Violence and Misconduct Policy, any student of East Gwillimbury College college may file a report of an incident or a complaint to the Campus Director in writing. The other officials, offices or departments that will be involved in the investigation are Director of Operations, School Director and/or The President.
• b) Upon receipt of a report of an incident or a complaint of alleged sexual violence and misconduct being made, the Campus Director 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 and misconduct, East Gwillimbury College may conduct its own independent investigation and make its own determination in accordance with its own policies and procedures; iv) 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: 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 Campus Director will: (A) review all of the evidence collected during the investigation; (B) determine whether sexual violence and misconduct 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 East Gwillimbury College that the Respondent did engage in sexual violence or misconduct, 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) Support

East Gwillimbury College of Business, Health and Technology recognizes that sexual violence can have serious and lasting impacts on the physical, mental, and emotional welfare of individuals who are affected by Sexual Violence. East Gwillimbury College of Business, Health and Technology will ensure that the Victim/Survivor is informed about on and off campus resources and support and will respect the right of a Victim/Survivor to decide whether or not to access available services and to choose those services the Victim/Survivor feels will be most beneficial. Management will investigate and deal with all concerns, complaints, or incidents of violence in a fair and timely manner while respecting staff and student privacy as much as possible. Feedback will be provided. The policy is implemented and maintained for staff and students through the orientation to the East Gwillimbury College of Business, Health and Technology. Campus. All staff and students will have the appropriate information and instruction to protect them from violence in the Workplace/Learning Environment.

7) 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 within 10 days by submitting a letter addressed to the President advising of the person’s intent to appeal the decision. A report is the sharing of information concerning an incident of sexual violence by a Victim/Survivor with the intention of initiating a formal process. A disclosure is the sharing of information by a Victim/Survivor concerning an incident of sexual violence. A disclosure may or may not be for the purpose of accessing supports, services and / or accommodations. A disclosure can be made to any University staff of East Gwillimbury College of Business, Health and Technology. A disclosure may relate to a respondent who is or is not at East Gwillimbury College of Business, Health and Technology. Upon receiving a disclosure of sexual violence, East Gwillimbury College of Business, Health and Technology has a responsibility to ensure that an individual affected by sexual violence, is informed of this Policy. Where the Respondent is not a student or staff of East Gwillimbury College of Business, Health and Technology, the matter shall be referred to the Police who will determine any required action necessary (such as a trespass order).

8) Making False Statements

• a) It is a violation of this Sexual Violence and Misconduct Policy for anyone to knowingly make a false complaint of Sexual Violence and Misconduct or to provide false information about a complaint.
• b) Individuals who violate this Sexual Violence and Misconduct 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) Reprisal

• a) It is a violation of this Sexual Violence and Misconduct Policy to retaliate or threaten to retaliate against a complainant who has brought forward a complaint of Sexual Violence or Misconduct, provided information related to a complaint, or otherwise been involved in the complaint investigation process.
• b) Individuals who violate the Sexual Violence and Misconduct 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.

10) Review

• a) East Gwillimbury College shall ensure that student input is considered in the development of its Sexual Violence and Misconduct Policy and every time it is reviewed or amended. b) East Gwillimbury College shall review its Sexual Violence and Misconduct Policy every 3 years after it is first implemented and amend it where appropriate. The next date for review date is January 1, 2024.

11) Staff and Students are encouraged to report any incidents of sexual violence or raise concerns.