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ALPHA CAREER COLLEGE

SEXUAL VIOLENCE COMPLAINT POLICY

 Sexual Violence Complaint Policy

COMPLIANCE TO THE ONTARIO CAREER COLLEGE ACT, 2005 
● PCC, 2005, s.32.1 
● Bill 132, Schedule 5 
● O. Reg. 415/06, s.36.0 

SEXUAL VIOLENCE COMPLAINT POLICY 

Per the Sexual Violence Policy effective January 1, 2017, any student of Alpha Career College may file a report of an incident or complaint to the Administrator in writing. However, students are encouraged to also speak directly with the Administrator regarding any concerns they may have while understanding how to pursue a Sexual Violence Complaint.

1. SEXUAL VIOLENCE POLICY 
(a) Alpha Career College is committed to providing its students with an educational environment free from sexual violence and treating students who report incidents of sexual violence with dignity and respect. 

(b) Alpha Career College 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. 

(c) The person accused of engaging in sexual violence will be referred to as the “Respondent” and the person making the allegation as the “Complainant”. 


2. 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.

3. TRAINING, REPORTING AND RESPONDING TO SEXUAL VIOLENCE 
(a) Alpha Career College 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 and in a conspicuous location on the campus.

(c) Career college management, instructors, staff, other employees and contractors of Alpha Career College will report incidents of or complaints of sexual violence to the Administrator upon becoming aware of them. 
(d) Students who have been affected by sexual violence or who need information about support services should contact the Administrator along with the supporting Appendix 1 outlining several support agencies in the Toronto area where Alpha Career College is located. 
(e) Subject to Section 4 below, to the extent it is possible, Alpha Career 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. 

This will be done by: 

(i) 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 
(ii) Ensuring that the documentation is kept in a separate file from that of the Complainant/student or the Respondent. 

(f) Alpha Career College 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, Alpha Career 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, Alpha Career College will appropriately accommodate the needs of its students who are affected by sexual violence. Students seeking accommodation should contact the Administrator. 

In this regard, Alpha Career 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 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 

(a) 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 Alpha Career College’s policies relating to drug or alcohol use at the time the alleged sexual violence occurred.

(b) Under this Sexual Violence Policy, any student of Alpha Career College may file a report of an incident or a complaint to the College Registrar in writing. 
(c) Upon receipt of a report of an incident or a complaint of alleged sexual violence being made, The College Registrar will respond within 1 day or sooner 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, Alpha Career College may conduct its own independent investigation and make its own determination in accordance with its own policies and procedures; and 

(iv) Determine what interim measures ought to be put in place pending the investigation process, such as removing the Respondent or seeking alternate methods to provide necessary course studies. 

(d) 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) The Registrar or designate shall provide the complainant with the following statement in writing:

“Under Alpha Career College’s Sexual Harassment and Sexual Violence policy, students (and other Alpha Career College community members) who disclose their experience of sexual violence through reporting an incident of, making a complaint about, or accessing support services for sexual violence, will not be asked irrelevant questions during the investigation by Alpha Career College’s staff including irrelevant questions relating to the students’ sexual expression or past sexual history.” (O. Reg. 132/16, O. Reg. 647/21, s. 1(2))

(iv) 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; 

(v) Interviewing any person involved or who has, or may have, knowledge of the incident and any identified witnesses; 

(vi) Providing reasonable updates to the Complainant and the Respondent about the status of the investigation; and 

(vii) Following the investigation, The Registrar will: 

(A) Review all of the evidence collected during the investigation; 
(B) Determine whether sexual violence occurred; and if so 
(C) Determine what disciplinary action, if any, should be taken as set out in the Section below.
DISCIPLINARY MEASURES 
(a) If it is determined by Alpha Career College that the Respondent did engage in sexual violence, 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. 

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 Alpha Career College within three days by submitting a letter addressed to The Registrar advising of the person’s intent to appeal the decision. A response will be provided within one business day or sooner to determine what next steps need to be taken to handle the appeal. Should an appeal process need to be set in place, the Complainant will be required to provide all details including the rationale for not accepting Alpha Career College’s decision. Upon receipt of the formal appeal in writing, a review of the entire case will be set in motion by The Registrar.

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 student. 


REVIEW 
(a) Alpha Career College shall ensure that student input is considered in the development of its Sexual Violence Policy and every time it is reviewed or amended. 
(b) Alpha Career College shall review its Sexual Violence Policy three years after it is first implemented and amend it where appropriate. This date is November 2021. 

PROHIBITION OF NON-DISCLOSURE FORMS

(a) Employees found guilty of prior wrongdoing with respect of sexual violence policy shall be prohibited from using a non-disclosure agreement to keep their prior wrongdoing secret in instances where they leave the institution to be employed at another institution.

USE OF SEXUAL MISCONDUCT POLICIES AT EXTERNAL INSTITUTIONS

(a) External institutions to which Alpha Career college students are deployed for practicum or other work must implement employee sexual misconduct policies that, at a minimum, include the institution’s rules with respect to sexual behavior that involves employees and students of the institution and also provides examples of disciplinary measures that may be imposed on employees who contravene the policy.

COLLECTION OF STUDENT DATA 
(a) Alpha Career College shall collect and be prepared to provide upon request by the Superintendent of Ontario Career Colleges such data and information as required according to Subsections 32. 3 (8), (9) and (10) of Schedule 5 of the Ontario Career Colleges Act, 2005 as amended. 
_________________________________________________________________________________________

APPENDIX 1 LIST OF RESOURCES IN SUPPORT OF VICTIMS OF SEXUAL VIOLENCE 

The following represents a list of Provincial Rape Crisis Centres that could be provided as resources: 

Canadian Association of Sexual Assault Centres 
Assaulted Women’s Helpline Toll Free: 1-866-863-0511 
#SAFE (#7233) on Bell, Rogers, Fido or Telus mobile 

TTY: 416-364-8762 
Telephone Toll-Free: 1-877-336-2433 
ATS: 1 866 860-7082 


Sexual Assault & Domestic Violence Care Centre at the Women’s College Hospital
24-HOUR MEDICAL CARE CENTRE FOR ADULTS WHO HAVE BEEN VICTIMS OF SEXUAL ASSAULT, OFFERING EMERGENCY AND FOLLOW-UP CARE. 

LOCATION & CONTACT INFORMATION
Main Building
Women's College Hospital 
76 Grenville Street 
Toronto, ON M5S 1B2 
Switchboard: 416-323-6400 
Email: info@wchospital.ca
Hours of Service
Monday - Friday 
6 a.m. to 7 p.m.


Toronto Rape Crisis Centre
416-597-1171 (main line), 416-597-8808 (counselling line)
Offers legal support, referrals, a 24-hour crisis line, support groups and in-person counselling for victims of sexual assault. Mon-Fri, 9:30am-5pm. More information at http://www.trccmwar.ca/.

Scarborough
Sexual Assault/Domestic Violence Care Centre
The Scarborough Hospital
Grace Campus
3030 Birchmount Rd.
416-495-2555

Mississauga
Sexual Assault/Domestic Violence Program
Sexual Assault Care and Counselling Centre
The Trillian Health Centre
100 The Queensway W.
905-848-7580, ext.2142

Richmond Hill
Domestic Abuse and Sexual Assault Care
Centre
York Centre Hospital
10 Trench St.
905-832-1406, ext. 3

Toronto
Sexual Assault/Domestic Violence Care Centre
Women’s College Hospital
76 Grenville St.
416-323-6040

Peterborough
Sexual Assault/Domestic Violence Program
Women’s Care Centre
157 Charlotte St.
705-743-4132

Mississauga
Sexual Assault/Domestic Violence Program
Sexual Assault Care and Counselling Centre
The Trillian Health Centre
100 The Queensway W.
905-848-7580, ext.2142

Hamilton
Sexual Assault/Domestic Violence Care Centre
Hamilton Health Sciences, McMaster University
Medical Centre
1200 Main St. W.
905-521-2100, ext. 73557

Burlington
SAVIS-Sexual Assault & Violence Intervention
Services
1515 Rebecca St.
Oakville
905-825-3622

Barrie
Athena’s Sexual Assault Counseling and
Advocacy Centre
Helpline: 1-866-863-0511
Women and Children’s Shelter
115 Edge Hill Dr.
705-721-9977

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