Career College Sexual Violence and Sexual Harassment Policy
Reviewed and Amended – February 27, 2022
Toronto Health School
Arthur Villacete
President & CEO
torontohealthschool@gmail.com
1. Policy, Application and Scope
- At Toronto Health School, sexual assault and harassment in any kind, shape, or form are not permitted. It has a strict zero-tolerance policy for any act that is considered morally reprehensible or disrespectful.
- This document covers the Toronto Health School’s policy against sexual violence and harassment, as well as how to respond in such situations.
- It primarily addresses accusations of sexual violence and sexual harassment filed by students and staff on the Toronto Health School campus or at one of our events where students were involved.
- It acknowledges that individuals have the “right to be heard,” and that their rights are respected and handled fairly.
2. Definition
Sexual violence, as defined by the Ontario Human Rights Code, can happen to anyone, regardless of their sexual orientation, sex, gender identity, or relationship status.
What is sexual violence?
Sexual violence encompasses sexual assault, sexual harassment, stalking, indecent exposure, voyeurism, and sexual exploitation, regardless of their sexuality, gender identity, or gender expression.
What is sexual harassment?
Sexual harassment occurs when a person is subjected to a pattern of vexatious words or actions directed at them because of their sex, sexual orientation, gender identity, or gender expression, and the pattern is known or should reasonably be known to be unwelcome. Making a social solicitation or advance if the person making the solicitation or advance can convey, give or deny a benefit or advancement and the person knows or ought reasonably to know that the solicitation or advance is unwelcome.
What is Respondent?
In this case, the Complainant is a person who has been hurt by sexual violence and has filed a complaint against the perpetrator of the sexual violence crime.
What is consent?
Consent is an explicit and voluntary decision to participate in the sexual activity concerned. It is the act of voluntarily deciding to partake in certain sexual behavior and allows the individual to be able to freely choose between two options: Yes or No. This implies that there must be an agreed words justifiable exchange, which demonstrates an eagerness to take part in a commonly concurred sexual activity.
The following additional details must be understood by all: Silence or non-communication must never be interpreted as consent., and a person in an impaired state of judgement will not consent, whether they are unconscious, incapacitated, or otherwise unable to speak, or an individual is unable to give consent. An individual who has been intimidated or coerced into engaging in sexual activity (i.e., does not willingly agree) is not a consent.
An individual may be incapable to grant consent when they are debilitated or negatively impacted by drugs or alcohol. An individual may be incapable to allow consent in cases where they have mental disability depriving them from completely understanding the sexual act. The reality that consent was given in the past to dating or sexual relationship does not imply that consent is considered to exist for all future sexual activity; thus, an individual can pull back consent at any time amid the course of sexual encounter.
3. Commitments:
- The sexual violence and harassment policy will be distributed to all enrolled students, and it will be cited in the enrollment contract between Toronto Health School and all students.
- The Toronto Health School’s policy against sexual violence and harassment is available on the school’s website, torontohealthschool.com.
- The career college will give a duplicate copy of the sexual violence and sexual harassment policy to all students, including but not limited to management, employees, contractors and prepare them to identify situations that involve or could progress into sexual violence or sexual harassment against our students and how to prevent or minimize its occurrence.
4. Training and Responding
If individuals have been subjected to, witnessed, or have knowledge of sexual violence involving students, or staff or have reason to believe that sexual violence has occurred or may occur involving our students, and staff will take all reasonable steps to prevent sexual violence by reporting immediately to the School Director.
The career college has enacted a policy that defines sexual violence and explains its training, investigation, reporting, and disciplinary responses to student allegations of sexual violence on campus or at one of its activities in which our student participated. This person could be either the Complainant or the Respondent.
Students who have been affected by sexual violence or who need information about support & services should contact the Director of Operations directly or Response Advisor. see appendix 2.
Toronto Health School will safeguard to keep all personal information of persons involve in the investigation confidential, except in those circumstances where it believes the student is in imminent risk of self-harm or of harming another or there are reasonable grounds to believe that others in the career college campus is at risk. This will be done by:
a) Ensuring that all complaints and or reports and information gathered will only be available to those who need to know for purposes of investigation, implementing and safety measures to protect their identity.
b) Securing that the documentation is kept in a separate file from that of the Complainant or the Respondent. The career college recognizes the right of the Complainant not to report an incident of, or make a complaint of sexual violence, or not request an investigation, and or not to participate in any investigation that may occur.
In certain circumstances, the career college may be required by law under the P.C.C. Act 2005 or its internal policies to initiate an internal investigation and or inform police without the complainant’s consent if it believes the safety of the members of (its campus or) the student is at risk.
In all cases including both statements above, Toronto Health School will appropriately accommodate the needs of its students who are affected by sexual violence.
The career college will assist students who have experience sexual violence in obtaining counselling and medical care and provide them with information about sexual violence support and services available in the community as set out in Appendix 1. Students are not required to file a formal complaint to access support and services and accommodations.
5. Sexual Violence and sexual harassment Reporting
In an atmosphere free from sexual violence and sexual harassment, Toronto Health School is intended to be a supportive place where workers and students can educate, function, and verbalize themselves.
- All documented sexual violence and or sexual harassment cases will be thoroughly and extensively evaluated to the highest level of the administration and in a way that is reasonable and equal.
- Reporting process that safeguards individuals’ rights and holds people who have committed an act of sexual violence and or sexual harassment.
Toronto Health School will process all complaints fairly and responsibly and acknowledges that students have the “right to be heard” according to law under the P.C.C. Act 2005.
- To give and offer support by listening and not being judgmental. Ensure student safety and to help find any immediate medical attention required.
Additional requirement starting March 1, 2022
- If students, in good faith, report an incident of, or make a complaint about, sexual violence, they will not be subjected 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.
6. Procedural Fairness
- Addressing complaints of sexual violence and sexual harassment fairly, expeditiously and in a way that mitigates re-traumatization of individuals who have experienced it.
- Giving the student or person affected by sexual violence the right to have someone represent the student and have the right to have a person present at every stage of the investigation or decision-making process.
Where a formal complaint has been made, under the sexual violence policy Toronto Health School will take all reasonable steps to investigate it, including as follows:
a) providing on-campus investigation procedures to students for sexual violence complaints;
b) responding promptly to any complaint and providing reasonable updates to the complainant and the respondent about the status of the investigation;
c) assisting students who have experienced sexual violence or sexual harassment or both in obtaining counselling and medical care.
d) providing students who have experienced sexual violence with information about on-campus support and contact persons as set out in Appendix 2.
e) to obtain the supports &services and the accommodation they need; and that students who decline to make a formal report of an incidence on sexual violence continue to have access to the support and services they need.
f) and that the student “victim or person affected” by sexual violence may choose not to request an investigation by Toronto Health School and has the right not to participate in any investigation that may occur.
g) and to respect the student decision and choice without exerting any pressure to follow a specific path.
7. Investigating Reports of Sexual Violence and Harassment
Upon receipt of a formal complaint or a complaint of alleged sexual violation being made, the Director of Operations will respond promptly and determine whether an investigation should proceed and if the complainant wishes to participate in the investigation.
Analyze what interim measures are needed to be taken during the investigation having regard to the seriousness of the allegation and the parties involved.
Determine whether the incident should be referred to the police immediately; In such cases or where civil proceedings commenced in respect of allegations of sexual violence, Toronto Health School may conduct its own independent investigation and make its own determination in accordance with its own policies and proceedings; and
Determine undertaking ought to be put in place pending the investigation process such as removal of the Respondent or seeking alternate methods of providing necessary course of action.
Once the investigation is initiated:
1a. The Complainant and the Respondent may be advised that they may ask another person to be present in every stage of the
investigation.
2a. 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
persons witnessed the incident and a complete description of what occurred.
3a. Informing & 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.
4a. Interviewing any person involved or who has or may have, knowledge of the incident and any identified witness.
5a. Providing reasonable updates to the Complainant and the Respondent about the status of the investigation; and
6a. Following the investigation with the Director of Operations.
1. The President will review all the evidence collected during the investigation.
2. Determine whether sexual violence has occurred.
3. Determine what disciplinary action should be taken, if any.
8. Disciplinary Measures
If it is determined that a student of our career college has been involved in sexual violence, immediate disciplinary or corrective action will be taken. This may include:
1a) disciplinary action up to and including termination of employment of instructors or staff or;
2b) the placement of certain restrictions on the Respondent’s ability to access certain premises or facilities; and or
3c) expulsion of a student and any other appropriate action that is suitable in the circumstances.
9. Appeal
Should the complainant or the Respondent not agree with the decision resulting from the investigation. The Complainant or the Respondent must notify the President within 10 days by submitting a letter addressed to the President advising of the person’s name to appeal the decision.
In cases where criminal proceedings are initiated, Toronto Health School will co-operate with the police agencies, lawyers, insurance companies, and courts to the fullest extent.
Where criminal and/or civil proceedings are commenced in respect of allegations of sexual violence Toronto Health School may conduct its own independent investigation and make its own determination in accordance with its own policies and procedures.
10. Making False Statements
It is a violation of this policy for anyone to knowingly make a false complaint of sexual violence 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
1a) It is a violation of this 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.
1b) Individuals who violate the sexual violence policy are subject to disciplinary and or corrective action., up to and including termination
of employment of instructor or staff or expulsion of a student.
12. Review
- Toronto Health School shall ensure that student’s input and feedback is considered in the development of its sexual violence policy and every time it is reviewed and amended.
- This policy will be reviewed 3 years after it is first implemented and amend it where appropriate. January 18, 2021 = last amended.
13. Collection of Student Data
Toronto Health School shall collect and be prepared to provide upon request by the Superintendent of Private Career Colleges such data and information as required according to the Private Career Colleges Act, 2005 as amended. The number of sexual violence and sexual harassment incidents and complaints reported by students, and information about such incidents and complaints. And to take part in a student study on the prevalence of sexual violence and harassment in the P.C.C. sector and others upon the request of the Superintendent.
14. Resources
Good 2 Talk Post-Secondary Helpline (24/7). 1-866-925-5454
Toronto Rape Crisis Centre: Multicultural Women Against Rape
Crisis line: 416-597-8808 Office line: 416-597-1174
Crisis email: crisis@trccmwar.ca Office email: info@trccmwar.ca
Website: www. trccmwar.ca
The following are a list of resources to access for help and support:
Appendix 1
Canadian Association of Sexual Assault Centres
Assaulted Women’s Helpline
English
Toll Free: 1-866-863-0511
#SAFE (#7233) on Bell, Rogers, Fido, or Telus mobile TTY: 416-364-8762
www.awhl.org
Francais
Fem’aide
Telephone Toll-Free: 1-877-336-2433
ATS: 1-866-860-7082
www.femaide.ca
Sexual Assault/Domestic Violence Treatment Centre 24/7 emergency care to women.
Contact the Sexual Assault/Domestic Violence Treatment Centre nearest you.
Alliston, Barrie, Collingwood, Midland and Orillia
Huronia Transition Homes operates La Maison Rosewood Shelter (Midland) & Athena’s Sexual Assault Counselling and Advocacy Centre 24 hour crisis line:
Barrie: 705-737-2008 or 1-800-987-0799
Midland: 705-526-4211 or 1-800-461-175
Office: 705-526-3221
www.huroniatransitionhomes.ca
Belleville
Sexual Assault Centre for Quinte and District Toll-Free:
1-877-544-6424
Office: 1-613-967-6300
www.sacqd.com
Bracebridge
Muskoka/Parry Sound Sexual Assault Services
Parry Sound District Office
Office: (705) 774-9083 or 1-877-851-6662
www.daphnewymn.com
Brantford
Sexual Assault Centre of Brantford
Crisis: 519-751-3471
Office: 519-751-1164
sexualassaultcentre@sacbrant.ca
www.sacbrant.ca
Brockville
Assault Response & Care Centre
Office: (613) 345-3881 or 1-800-567-7415
arcc@bgh-on.ca
www.arc-c.ca
Chatham
Chatham-Kent Sexual Assault Crisis Centre
24-Hour Crisis Line: 519-354-8688
Office/TTY: 519-354-8908
www.cksacc.org
Cornwall
Sexual Assault Support Services for Women
Office:613-932-1755
https://www.sassforwomen.ca/
Durham Region
Durham Rape Crisis Centre Crisis: 905-668-9200
Office: 905-444-9672
info@drcc.ca
www.drcc.ca
Eganville
Women’s Sexual Assault Centre of Renfrew County
24 hour crisis: 1-800-663-3060
Office: 613-735-5551
www.wsac.ca
Guelph
Guelph-Wellington Women in Crisis Crisis: 519-836-5710
1-800-265-7233
Office: 519-823-5806
www.gwwomenincrisis.org
Hamilton
Sexual Assault Centre (Hamilton and Area) Crisis: 905-525-4162
Office: 905-525-4573
TTY: 905-525-4592
www.sacha.ca
Kenora
Kenora Sexual Assault Centre 8
Crisis: (807) 468-7233 or 1-800-565-6161
Office: (807) 468-7958
www.kenorasexualassaultcentre.com
Kingston
Sexual Assault Centre Kingston
Crisis: 613-544-6424 or 1-877-544-6424
Office: 613-545-0762
sack@sackingston.com
www.sackingston.com
Kitchener-Waterloo
Sexual Assault Support Centre of Waterloo Region Crisis:
519-741-8633
Office: 519-571-0121
info@sascwr.org www.kwsasc.org
London
Sexual Assault Centre London Crisis: 519-438-2272
Office: 519-439-0844
TTY: 519-739-0690
sacl@sacl.ca www.sacl.ca
London Abused Women’s Centre
Office: 519-432-2204
info@lawc.on.ca http://lawc.on.ca
Newmarket
Women’s Support Network of York Region
Crisis: 1-800-263-6734 or 905-895-6734
Office: (905) 895-3646
www.womenssupportnetwork.ca
North Bay
Amelia Rising Women’s Sexual Assault Centre of Nippising/
centred’aggressionssexuelles de nippising
Crisis: 705-476-3355
Office: 705-840-2403
TTY: (705) 840-5877
info@ameliarising.ca
www.ameliarising.ca
Oakville
Sexual Assault & Violence Intervention Services of Halton Crisis: 905-875-1555 or 1-877-268-8416
Office: 905-825-3622
www.savisofhalton.org
Orangeville
Family Transition Place Crisis: 1-800-265-9178
Office: 519-942-4122
www.familytransitionplace.ca
Ottawa
Sexual Assault Support Centre
Crisis: 613-234-2266 10
Phone: 613-725-2160
TTY: 613-725-1657
info@sascottawa.com
http://sascottawa.com
Ottawa Rape Crisis Centre
Crisis: 613-562-2333
Office: 613-562-2334
http://orcc.net/
Peel Region
Hope 24/7 (formerly the Sexual Assault/Rape Crisis Centre of Peel) Crisis: 1-800-810-0180
Office: 905-792-0821
Peterborough &Kawarthas
Kawartha Sexual Assault Centre
Crisis: (705) 741- 0260 or 1-866-298-7778
Office/TTY: (705) 741-0260
www.kawarthasexualassaultcentre.com
YWCA Peterborough Haliburton
Crisis: 1-800-461-7656
Office: 705.743.3526 x 130
www.ywcapeterborough.org
Sault Ste Marie
Women in Crisis (Algoma) Inc.
Crisis: 705-759-1230 or 1-877-759-1230
www.womenincrisis.ca
Sarnia-Lambton
Sexual Assault Survivors Centre Sarnia-Lambton
Crisis: 519 337-3320 or 1-888-231-0536
Office: (519) 337-3154
www.sexualassaultsarnia.on.ca
Haldimand & Norfolk Women’s Service
Crisis: 1-800-265-8076
TTY: 1-800-815-6419
Office: 519-426-8048
hnws@hnws.on.ca
www.hnws.on.ca
St. Catherines
Niagara Region Sexual Assault Centre
Crisis: (905) 682-4584
Office: (905) 682-7258
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
tbcounselling@tbsasa.org
www.tbsasa.org
Timmins and Area Women in Crisis
Crisis: 1-877-268-8380 (sexual assault)
Crisis: 1-855-827-7233 (shelter)
Office: (705) 268-8381
info@tawc.ca
Toronto
Oasis Centre des Femmes Telephone: 416-591-6565
Courrierl: services@oasisfemmes.org
http://oasisfemmes.org/
Toronto Rape Crisis Centre: Multicultural Women Against Rape
Crisis: 416-597-8808
Office: 416-597-1171
info@trccmwar.ca
crisis@trccmwar.ca
www.trccmwar.ca
Windsor
Sexual Assault Crisis Centre of Essex County Crisis: 519-253-9667
www.saccwindsor.net
Woodstock
Domestic Abuse Services Oxford
Crisis: 519-539-4811 or 1-800-265-1938
info@daso.ca www.daso.ca
Appendix 2 – List of contact persons for Toronto Health School Response Advisors
Arthur Villacete
President & CEO
Toronto Health School
150 Duncan Mill Road, Unit 2
North York, ON, M3B 3M4
Phone: 416.636.1011
Email: torontohealthschool@gmail.com
Shenette V. Skenderis
Director for Operations
Toronto Health School
150 Duncan Mill Road, Unit 2
North York, ON, M3B 3M4
Phone:416-636-1088
Email: shenette@torontohealthschool.com