Purpose
CACC 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.
Scope
CACC 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 on its campus or at one of its events and involves CACC 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
Sexual violence is any sexual act targeting a person’s sexuality, gender identity, or gender expression. Whether the act is physical or psychological, 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.
Principle
- If students, in good faith, report an incident of or make a complaint about, sexual violence, they will not be subject 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.
- For students who disclose their experience of sexual violence by reporting/complaining about an incident or accessing support and services related to sexual violence. The private career college’s staff or investigators will not be asked irrelevant questions during the investigation, including irrelevant questions relating to the student’s sexual expression or past sexual history.
Training, Reporting And Responding To Sexual Violence
Career college management, instructors, staff, other employees, and contractors of CACC will report incidents of or complaints of sexual violence to CACC’s Joint Health and Safety Committee appointed by President Miajan Aryan and Vice-President Yan Xia upon becoming aware of them.
CACC shall include an excerpt of the Sexual Violence Policy in every enrollment contract. In addition, provide a copy of the Sexual Violence Policy to CACC management, instructors, staff, other employees, and contractors and train them about the policy; its processes of reporting, investigating, and responding to complaints of sexual violence involving its students.
Any organization participating in providing students opportunities to complete the placement component on their premises is obligated to provide a statement in writing that it complies with all applicable legislation. Including the Ontario Human Rights Code and the Occupational Health and Safety Act will provide students access to those policies should they encounter issues relating to sexual violence in the workplace.
When a new class starts, the office staff and the primary instructor will spend some time explaining to the class about the college policy, especially the sexual Violence policy, to ensure the students understand how to protect themselves. CACC will give each student a brochure about the sexual violence policy, and the instructor will use the PPT and video to give the students a better understanding of the sexual violence policy.
The Sexual Violence Policy shall be published on our website.
Students affected by sexual violence or needing information about support services should contact CACC’s Joint Health and Safety Committee.
Subject to Section 4, CACC 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 harming another, or there are reasonable grounds to believe that others on its campus or the broader community are at risk.
- Ensuring that all complaints/reports and information gathered because 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.
- Ensuring that the documentation is kept in a separate file from that of the Complainant student or the Respondent.
CACC 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 participate in any investigation that may occur.
The student is not required to report an incident of, or make a complaint about, Sexual violence to obtain support, services, or accommodation.
- Notwithstanding certain circumstances, CACC 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.
- In all cases, including the above, CACC will appropriately accommodate the needs of its students affected by sexual violence. Students seeking accommodation should contact CACC’s Administration management. President, Miajan Aryan and Vice President. Yan Xia.
In this regard, CACC 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 stated in Appendix 1 attached hereto. Students are not required to file a formal complaint to access support and services.
CACC will provide the student immediate medical assistance by contacting the doctors in the same building as the building is a medical building, if required and permitted by the student.
CACC will arrange a private office for the affected student and will have an office staff to accompany her/him until further action is needed.
If required and permitted by the affected student, CACC will contact the affected student’s close family members and accompany them to any place that the student wants to go to make sure of their safety.
If required and permitted by the affected student, we will contact the police and assist her/him with further investigation.
CACC will give the affected student counselling during and after the sexual violence incident and ensure the student is recovering from the incident.
CACC will invite community partners to the college to do some workshops on how to avoid sexual violence and protect themselves.
We will give the affected student the following information and respect her/his opinion and right to further action:
Canadian Association of Sexual Assault Centres Ontario
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
Sexual Assault / Domestic Violence Treatment Centres
35 hospital-based centers that provide24/7 emergency care to women. Follow this link to locate the Sexual Assault/Domestic Violence Treatment Centre nearest the student.
Investigating Reports of Sexual Violence
{a) Under this Sexual Violence Policy, any CACC student may file a report of an incident or a complaint to CACC’s Administration Management, President Miajan Aryan and Vice President Yan Xia, in writing. The other officials, offices, or departments involved in the investigation are the Admission Coordinator, Program Coordinator, and the student’s primary Instructor.
Upon receipt of a report of an incident or a complaint of alleged sexual violence made, CACC’s President, Miajan Aryan, and Vice President, Yan Xia, 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, CACC may conduct its independent investigation and make its determination in accordance with its 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.
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 ensures 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 allowing the Respondent 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.
- Moreover, following the investigation, the CACC’s President, Miajan Aryan, and Vice President, Yan Xia, and JHSC will review all of the evidence collected during the investigation and 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
If CACC determines that the Respondent did engage in sexual violence, immediate disciplinary or corrective action will be taken. This may include:
- Disciplinary action involving 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
Should the Complainant or the Respondent disagree with the decision resulting from the investigation. They may appeal the decision to President Miajan Aryan or Vice President Yan Xia within 30 days by submitting a letter addressed to President Miajan Aryan or Vice President Yan Xia advising of the person’s intent to appeal the decision.
Making False Statements
It violates this Sexual Violence Policy for anyone to knowingly make a false complaint of sexual violence or provide false information about a complaint.
Individuals who violate this Sexual Violence Policy are subject to disciplinary and I or corrective action up to and including termination of employment of instructors or staff or expulsion of a student.
Reprisal
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, provide information related to a complaint or otherwise be 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.a
Review
CACC shall ensure that student input is considered in developing its Sexual Violence Policy every time it is reviewed or amended.
CACC shall review its Sexual Violence Policy 3 years after its implementation and amend it where appropriate. This date is March 21, 2021.
Collection of Student Data
CACC 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.