College Policies and Procedures​​

Sexual violence and assault policy

The policy of sexual violence and assault will apply to all college communities like students, employees, contractors, instructors, and every single person who is directly associated with college as a visitor or volunteer. 

The policy of violence and sexual assault is a guide or blueprint only. The Ontario human rights code and the criminal code (R.S.C) 1985c. c-46 are mentioned here as precedence and need to be referred to all the cases.

 Definitions

 Sexual violence and sexual assault

 Sexual assault: The criminal code of Canada defines the sexual assault as any sort of unwanted sexual activity by a person that infringes the personal and sexual integrity of another person and includes acts like unwanted touch or physical penetration. Sexual assault or assailing sexual consists of a vast range of activities and behavior. Such as threats, force, abduction, or controlling another person that makes him/her distressed, anxious, deter, or any sexual activity which is done under the circumstances in which another person is unable to decide or not show his/her consent.

 Sexual violence: It is an extensive and comprehensive term to understand. Any means of assailing that includes physical and psychological violence for sexual pleasure, or sexual favor is considered as sexual violence. Sexual violence has various forms, like sexual assault or abuse.

 Consent: An acceptance or embracement to indulge in sexual activity by the person him/herself is consent. In simple words, it’s the act or condition where one can freely make their decision and has full authority to say no or yes for any sexual activity and have a mutual understanding. It is also essential to fathom the following-

1) The person with the inability to make a decision or non-communication cannot be considered as consent.

2) A person who is unable to show approval in the state of unconsciousness, asleep, or incapable of communicating is also no rule of consent.   

3) An individual who has been deterred from indulging in sexual activity.

4) A drugged person who is unable to show approval. 

5) A person is also not able to give consent during the consumption of alcohol or drugs.

6) A mentally disabled person who is not entirely known to sexual knowledge.

7) Any approval that had been in the past, during the relationship, dating for sexual activity, it doesn’t mean it will have existed the same in the future for the sexual act.

8) A person can also withdraw its consent at any time while having sexual intercourse too.

9) Permission cannot be allowed or given on behalf of the third person.

10) Consent cannot be considered against the person who is in power and authority like an advancement from the teacher for their student or high post administrator concerning the junior member. 

It is essential to understand the fact that the initiator must communicate all the sexual acts or advancements at all levels or stages. And this is ought of the initiator to know or ensure that the person with whom they are indulging the sexual activity is not minor.

 Note: For information only, the Criminal Code describes “consent” as:

Consent: The voluntary agreement to engage in the sexual activity in question. There are certain situations where no permission is obtained, where

1. a) Where the words or conduct delivers the approval of a person other than the complainant;

1. b) Where the complainant is incapable of consenting to the activity;

1. c) Where the accused induces the complainant to engage in the action by abusing a position of trust, power or authority;

1. d) Where the complainant expresses, by words or conduct, a lack of agreement to engage in the activity; or

1. e) Where the complainant, having consented to engage in sexual activity, expresses, by words or conduct, a lack of agreement to continue to participate in the event.

Some Relevant Terms

Acquaintance sexual assault: Any sexual contact or touch that is done by force or without your consent by friend or partner or acquaintance.

Minimum age of consent for sexual activity: There is a certain age decided at which an individual can legally indulge in sexual activity. In Canada, Sixteen is the age where a person can indulge in a sexual activity legally. And below 12 age is strictly not allowed to have such acts. Though still there are some variations in the consent law. Like children who are 12 or 13 years old can have sex only with a person who is 1 or 2 years old from their age. Those who are 14 or 15 years old may have sex with a person who is less than five years old of their age. And above 16 are legally allowed to have sexual acts according to their wish and who is not in authority or power. 

Coercion: In terms of sexual assault or violence, it means to make someone pressurize for gaining sex favor or activity. It includes the use of threats to known, blackmail, emotional manipulation, any false promises or rewards assurance to entice or lure someone for sexual activity.  

Drug-facilitated sexual assault: 

To make someone in control by the use of alcohol or drugs for sexual assault activity.

Stalking: This is one of the inferior forms of sexual harassment that is forbidden by the criminal code. It includes the behavior in which a person or victim is incessantly threatened through mental harassing and continuous gazing and staring by another person. Any indirect assault or act like staring, threats to family and friends, vigilance, or cyberstalking, are considered as stalking.

Survivor: This can be conceived as a positive term. We call a person ‘survivor’ who has survived something deadliest or overcome from some lousy incident that happened to them. Those who have faced sexual assault or any violence and have overcome from the instance are termed as survivors.  

2) Intent and Purpose of the Policy

All college members, administration staff, and students have the right to study and work in a healthy and sexual violence-free atmosphere. This set of document will make you thoroughly understand our process against sexual crime and our procedure. The policy states that whosoever have faced sexual assault are believed, and their rights will be respected, the college administration has a particular process of work against such complaints. 

3) Policy Statement

Sexual crimes are heinous and cannot be tolerated in any circumstances. We are working and purely committed to eradicating any sexual offense chances and working towards making a safe and healthy environment for those who have ever faced these sorts of crimes. The college is purely observed to be reliable and fit for the working of its employees and students.

The reported sexual related incidents will be scrutinized and solved with the best of the capability of administration in a proper manner.

We understand that sexual crime or assault may occur between two or a person regardless of gender, sexual orientation, relationship status, or identity, as mentioned in the Ontario Human Rights Code. A person who suffered from sexual violence can face difficulties in their academics, mentally, and emotionally.

The College will work towards:

3.1 Full assistance for those who have suffered from the sexual offense by providing them information regarding legal, medical counseling, and support for better accommodation in academics.

3.2 The victim will be believed, and his/her dignity will be protected though out the investigation and institutional process.   

3.3 addressing and monitoring harmful and contending behaviors (like blame against the victim or the victim is solely responsible for the assault).  

3.4 A behavioral full of mercy and compassion towards the person who discloses the sexual offense and understanding that they are only the best decision-makers in their lives. 

3.5 On-campus process must be there for the sexual crime cases though the victim denies filing a police complaint.

3.6 Making and carry out the investigation and punishment process under the rules and regulations of the College with fairness.

3.7 The proper communication between the departments who are involved in the on-campus sexual offence investigation.

3.8 Spreading knowledge of sexual violence policies and rules among the college community.

3.9 Indulging public prevention and education work.

3.10 Providing proper training and appropriate education to the community of College about responding to the victim and sexual crime’s disclosure. 

3.11 making efforts in the creation of a sexual crime-free environment.

3.12. Updating and monitoring protocols and policies to make great sets of rules for a healthy atmosphere. 

3.13 To ensure that the person has the right to have a family member or friend to stay with her during the investigation or decision-making process.   

4) Reporting and Responses to Sexual offense

4.1 All the members should react to report as soon as possible after they come to know to about the incident or they witness, or they have a strong warning that event can occur. Members who have faced sexual violence must come forward to report such incidents.

4.2 Person in authority or power must take immediate action after getting the information regarding sexual assault.

4.3 The college administration should take the necessary steps after acquiring information about sexual offense. It doesn’t matter that the incidents have happened in College or outside areas. If it is posing a threat to the security of the college community, then steps must be taken by the College.

5) Complaint and Investigation process 

A complaint regarding sexual crime can be submitted under the mentioned policy by any staff or member of the College.

The college needs to achieve fairness in procedural regarding the complaint. If someone has alleged for infringement of polices, then he/she will be served with notice time to answer the allegation gathered against him/her.

5.1 Right to Withdraw (Complaint)

A complainer has the full right to withdraw or take back their proceeding during any stage. The College may continue their work to satisfy their college policies and rules.

5.2 Protection from Retaliation and Threats:

It is contrary to the present policy for anyone to take revenge, entangle in reprisals and deter to retaliate and strive against a litigator or other for:

1) Having pursued rights under this Policy or the Ontario Human Rights Code;

2) Having indulged or indirectly participated in an investigation beneath this policy.

3) Any association with an individual who has pursued rights under the Ontario Human Rights Code.

If any person indulges in any sort of mentioned activity, then he/she may be considered for sanctions and punishments.

5.3 Vexatious Complaints

If a person files (real purpose) a sexual complaint but the evidences are not enough to support his/her side, then the application or plea will be dismissed.

If a person files (Evil motive) complaint, and it has found that the application is filled to defame or threaten someone, then the applicant may face sanctions.

6) Confidentiality

Confidentiality truly matters for those who have revealed the information regarding the sexual offense. The people related to cases and reports must be respected and observed strictly for their confidentiality purpose. 

Though confidentiality may not be assured during such circumstances:

1) A person who is at the brim of self-harm

2) A person who is highly at risk of threatening another.

3) Or it is believed that College and outside the community are at risk by the person.

In some cases, where college administration becomes aware of an allegation that has been tainted by one college member to another, college administration will work on their grounds to solve the issue under the rules and regulation of College. And only a few members who will be the heads of investigating the problem get to know about the identities of persons.

7) References to Policies or Legal Requirements

The Criminal Code R.S.C., 1985 c. C-46,

The Ontario Human Rights Code

Ontario Network of Sexual Assault/Domestic Violence Treatment Centers at 76 Grenville Street, Toronto, ON M5S 1B2, Tel. (416) 323-7327

SEXUAL VIOLENCE AND ASSAULT PROTOCOL

If you have suffered or experienced (sexual) violence, contact on college president numbers quickly at ­______.

It is quite challenging to come up with sexual offenses and report, but it’s up to you. As an engaged community, we always motivate you to not shy away with this sort of heinous crime.

You can call sexual (Assault/Domestic) Violence Treatment Centre

Sexual assault/domestic violence treatment centers are in Ontario and assure with 24/7 services related to women, child, men, and all those who are sexually assaulted, survivors, or victims of domestic violence. They offer services:

1) Counseling

2) Medical care

3) Crisis intervention

4) Referral (community resources)

5) Access to necessary treatment for S.T.D.

6) Follow up (Medical)    

Here, you can have a physical examination, can take medical care or collect essential tangible forensic testaments of an imminent sexual abuse. It will be your final decision to make the police complaint or not after attaining the evidence. And if you considered yourself as drunk or under the influence of alcohol during the sexual assault, then you can also get the test to determine the drug’s presence.

To contact:

Ontario Network of Sexual Assault/Domestic Violence Treatment Centres, 76 Grenville Street, Toronto, ON M5S 1B2, Tel. (416) 323-732