SEXUAL VIOLENCE POLICY

1. Purpose

· This document sets out our policy on sexual violence, defines the prohibited behaviours, and outlines our investigative processes for sexual violence.

 

2. Scope

· This policy applies to all students and guests of Canadian Flyers International College as well as any contract workers that perform work for Canadian Flyers International College.

· The policy applies to all complaints of sexual violence that have occurred at a Canadian Flyers International College campus or at a Canadian Flyers International College event and involve members of the career college community as defined in the previous paragraph.

 

3. Policy Statement

· All members of Canadian Flyers International College have a right to study and work in an environment free of sexual violence. The college is committed to providing members of our college community an educational environment free from sexual violence and treating those individuals who report incidents of sexual violence with dignity and respect.

· To that end Canadian Flyers International College will educate and train faculty, staff and students about this policy and how to identify situations that involve, or could progress into, sexual violence and how to reduce these forms of prohibited behaviours.

 

4. Definitions and Acronyms

Workplace

Any land, premises,   location, social media outlets, or thing at, upon, in or near where a worker   works.

Sexual   Misconduct

Sexual Misconduct   includes sexual violence and sexual harassment.

Sexual   Harassment

Without limiting the   generality of the foregoing, includes;

Any course of vexatious comment or conduct   of a sexual nature that is known or ought reasonably to have been known to be   unwelcome including:

offensive jokes or comments of a sexual   nature;

displaying of pornographic or sexist   pictures or material, including online;

suggestive or offensive remarks;

unwelcome language related to gender;

remarks, jokes, innuendoes, propositions, or   taunting about a person’s body, attire, sex or sexual orientation;

bragging about sexual prowess;

physical contact such as touching, patting,   or pinching with and underlying sexual connotation; and

sexual solicitation or advance made by a   person in a position to confer, grant or deny a benefit or advancement to the   person where the person making the solicitation or advance knows or ought   reasonably to know that it is unwelcome.

Sexual   Violence

Without limiting the   generality of the foregoing includes;

sexual assault, which is any type of an   unwanted sex act done by one person to another, without that person’s   consent, that violates the sexual integrity of an individual ranging from   unwanted touching to penetration;

any violence, physical or psychological,   carried out through sexual means or act targeting a person’s sexuality,   gender identity or gender expression including;

sexual abuse, criminal harassment, stalking,   indecent exposure, sexual exploitation and cyber bullying.

Complainant

The person making an   allegation will be referred to as the complainant

Respondent

The person accused   of engaging in sexual violence will be referred to as the respondent

 

5. Responsibilities

5.1. THE COLLEGE

· Canadian Flyers International College is responsible to provide adequate training to everyone that is part of the college community and to outline the proper procedures required to address any situation that could contain sexual violence.

· The Sexual Violence Policy shall be published on our website, placed on our Occupational Health and Safety Boards, and a copy of the policy will be provided to anyone who requests it.

· Canadian Flyers International College will also consider student input in the development of the policy and will review it once every three years, at a minimum, again considering input from students.

· The college will also include the policy in every student enrolment contract, and keep a record on:

o the number of times supports, services, and accommodations relating to sexual violence are requested and obtained by students;

o any initiatives established to promote awareness of the services and supports available to students;

o the number of incidents and complaints of sexual violence reported by students, and information about such incidents and complaints; and

o the implementation and effectiveness of the policy

· The private career college will appropriately accommodate the needs of students affected by sexual violence

· Where a complaint has been made, under this policy, the College will take all reasonable steps to investigate it, including as follows:

o responding promptly to any complain and providing reasonable updates to the complainant and the respondent about the status of the investigations;

o assisting those who have experienced sexual violence or sexual harassment in obtaining counselling and medical care;

o providing those who have experience sexual violence or sexual harassment with appropriate academic and other accommodation;

o providing those who have experienced sexual violence or sexual harassment with information about reporting options; and

o providing on-campus investigation procedures for sexual violence complaints.

 

5.2. INSTRUCTORS

· The Instructors will take all reasonable steps to prevent sexual violence and sexual harassment on campus or at college events and will report immediately to the Campus Director, designate for this policy, if they are subject to, witness, or have knowledge of sexual violence, or have reason to believe that sexual violence has occurred or may occur.

 

5.3. STUDENTS

· The students are responsible to maintain a safe and healthy campus community by refraining from all activities defined under sexual violence. They also have a responsibility to report immediately to their Campus Director, designate for this policy, if they are subject to, witness or have knowledge of sexual violence, or have reason to believe that sexual violence or sexual harassment has occurred or may occur.

· Students who have been affected by Sexual Violence or who need information about support services should contact Campus Director, designate for this policy.

 

6. Reporting and Responding to Sexual Violence

· All members of Canadian Flyers International College community will take all reasonable steps to prevent sexual violence on our campus or events of the campus and report immediately to their instructor, Campus Director, designate for this policy, if they are subject to, witness or have knowledge of sexual violence, or have reason to believe that sexual violence has occurred or may occur.

· To the extent it is possible, Campus Director, designate for this policy, will attempt to keep all information disclosed confidential except in those circumstances they believe an individual is at imminent risk of self-harm, or of harming another, or there are reasonable grounds to believe that other in the career community are at risk. This will be done by:

o ensuring that all complaints/reports and information gathered as a result of the complaint/reports will only be available to those who need to know for the purposes of investigation, implementing safety measures, and other circumstances that arise from any given case; and

o ensuring that the documentation is kept in a separate file from that of the complainant, student or the respondent

· Canadian Flyers International College recognizes the right of the complainant to determine whether his or her complaint will be dealt with by the police and/or Canadian Flyers International College. However, in certain circumstances, Canadian Flyers International College may be required by law or our internal policies to initial an internal investigation and/or inform police without the complainant’s consent, if it believes the safety of members of its career college community is at risk.

· In all cases Canadian Flyers International College will appropriately accommodate the needs of its students who are affected by sexual violence. Students seeking accommodation should contact Campus Director, designate for this policy.

· In this regard, Canadian Flyers International College 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, Students are not required to file a formal complaint in order to access supports and services.

 

7. Investigating Reports of Sexual Violence

· A complaint of sexual violence may be filed under this Policy, by any member of our career college community, to Campus Director, designate for this policy, in writing. The other official, offices or departments that will be involved in the investigation are:

o Campus Director, Member of the Academics Department – Head Office Alternate

· Upon receipt of a report of an incident, or a complaint of alleged sexual violence being made Campus Director, designate for this policy, will respond promptly and:

o determine whether an investigation should proceed and if the complainant wishes to participate in an investigation;

o Determine who should conduct the investigation having regard to the seriousness of the allegation and the parties involved;

o 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, Canadian Flyers International College may conduct its own independent investigation and make its own determination in accordance with its own policies and procedures; and

o determine what interim measure 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.

· Once an investigation is initiated, the following will occur;

o the complainant and the respondent will be advised that they may ask another person to be present throughout the investigation;

o an interview will be conducted with the complainant to ensure a complete understanding of the allegation and to gather 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;

o 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;

o interviewing any person involved or who has, or may have, knowledge of the incident and any identified witnesses;

o providing reasonable updates to the complainant and the respondent about the status of the investigation; and

· following the investigation, Campus Director, designate for this policy, will:

o review all of the evidence collected during the investigation;

o determine whether sexual violence occurred; and if so

o determine what disciplinary action, if any, should be taken as set out in Section 8 of this policy

 

8. Disciplinary Measures

· If it is determined by Canadian Flyers International College that a member of our career college community has been involved in sexual violence, immediate disciplinary or corrective action will be taken. This may include:

o Disciplinary action up to and including termination of employment of instructors or staff; or

o expulsion of a student; and/or

o the placement of certain restrictions on the respondent’s ability to access certain premises or facilities; and/or

o any other actions that may be appropriate in the circumstances.

· In cases where criminal proceedings are initiated, Canadian Flyers International College will assist police agencies, lawyers, insurance companies, and courts to the fullest extent.

· Where criminal and/or civil proceedings are commenced in respect to allegations of sexual violence or sexual harassment, Canadian Flyers International College may conduct its own independent investigation and make its own determination in accordance with its own policies and procedures.

 

9. Appeal

· Should the complainant or the respondent not agree with the decision resulting from the investigation, he or she may appeal the decision to the Management Department, within seven calendar days by submitting a letter addressed to The Management Department advising of the person’s intent to appeal the decision.

· The letter should be sent to;

o Canadian Flyers International Inc. 2833 16th Ave, Markham ON, L3R0P8

· An email, containing a copy of the letter should also be sent to y.dai@canadianflyers.com

If a student does not feel comfortable speaking to a college official, they can access different community organizations example:

Ontario Government https://www.ontario.ca/page/get-help-if-you-are-experiencing-violence

OCRCC Ontario Coalition of Rape Crisis Centres https://sexualassaultsupport.ca/support/ 

Or Ontario Hotline by Phone 2-1-1

Canadian Association of Sexual Assault Centres

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, head to www.satcontario.com

 

10. Making False Statements

· It is a violation of this policy for anyone to knowingly make a false complaint of sexual violence or sexual harassment or to provide false information about a complaint.

· Individuals who violate this 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.

 

11. Reprisal

· It is a violation of this policy to retaliate or threaten to retaliate against a complainant, acting in good faith, who has brought forward a complaint of sexual violence or sexual harassment, provided information related to a complaint, or otherwise been involved in the complaint investigation process.

· 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.

 

12. Review

· Canadian Flyers International College will ensure that student input is considered in the development of its Sexual Violence Policy at each time it is reviewed or amended.

· Canadian Flyers International College shall review its Sexual Violence Policy three years after it is first implemented and amend it where appropriate. The next date of review is December 31, 2020.

 

13. Collection of Student Data

· Canadian Flyers International College 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 Private Career Colleges Act, 2005 as amended.

 

References

Occupational Health and Safety Act

Private Career Colleges Act, 200