COLLEGE POLICIES

Summit College Sexual Violence and Sexual Harassment Policy

On September 16, 2021, the ministry announced regulatory changes to support post-secondary students reporting sexual violence or harassment. As a result, Subsection 36.0.2 of Ontario Regulation 415/06 (General) under the Private Career Colleges Act, 2005 has been amended. The following regulation amendment will come into effect on March 1, 2022:

1. 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;

2. 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.

1. Policy Application

The Policy applies to all career college students of Summit College

2. The Scope

The Policy applies to complaints of sexual violence that have occurred on Summit College career college campus or at a one of our events and involve our students.

3. Purpose and Intent

All of Summit College career college students have a right to study in an environment free of sexual violence. This document sets out our policy on sexual violence involving our students, defines the prohibited behaviours, and outlines our investigative processes for sexual violence.

4. Policy Objectives

Summit College is committed to providing our students with an educational environment free from sexual violence and treating those students who report incidents of sexual violence with dignity and respect.

To that end Summit College will provide a copy of the policy to our students, and educate them together with our career college management, employees and contractors about this Policy and how to identify situations that involve, or could progress into sexual violence against our students and how to reduce it.

Where a complaint has been made, under this Policy, of sexual violence Summit College 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;

(d) Providing students who have experienced sexual violence with appropriate academic and other accommodation; and

(e) Providing students who have experienced sexual violence with information about reporting options as set out in Appendix 1.

5. Definition of Sexual Violence

This Policy prohibits sexual violence which 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.

6. Reporting and Responding to Sexual Violence

Students, faculty and staff of Summit College will take all reasonable steps to prevent sexual violence involving our students on our career college campus or events by reporting immediately to the Campus Leader if our students have been subject to, or they have witnessed or have knowledge of sexual violence involving our students, or have reason to believe that sexual violence has occurred or may occur which involves our students.

Subject to paragraph 7 below, to the extent it is possible, Campus Leader will attempt to keep all information disclosed confidential except in those circumstances 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 our campus or the broader community are at risk.

Summit College recognizes the right of the complainant to determine how her or his complaint will be dealt with. However, in certain circumstances, Summit 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.

A complainant seeking accommodation should contact the Campus Leader.

7. Investigating Reports of Sexual Violence

A complaint of sexual violence may be filed under this Policy, by any student of our career college, to the Campus Leader in writing.

A complainant may ask another person to be present during the investigation.

Upon a complaint of alleged sexual violence being made the Campus Leader will initiate an investigation, including as follows:

(a) Determining whether the incident should be referred immediately to police;

(b) Determining what interim measures, if any, need to be taken during the investigation;

(c) Meeting with the complainant to determine 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;

(d) Interviewing the complainant, any person involved in the incident and any identified witnesses;

(e) Interviewing any other person who may have knowledge of incidents related to the complaint or any other similar incidents;

(f) Informing the respondent of the complaint, providing details of the allegations and giving the respondent an opportunity to respond to those allegations;

(g) Providing reasonable updates to the complainant and the respondent about the status of the investigation; and

(h) Determining what disciplinary action, if any, should be taken.

8. Disciplinary Measures

If it is determined by Summit College that a student of our career college has been involved in sexual violence, immediate disciplinary or corrective action will be taken up to and including termination of employment of instructors or staff or expulsion of a student.

In cases where criminal proceedings are initiated, Summit College will assist 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 Summit College may conduct its own independent investigation and make its own determination in accordance with its own policies and procedures.

9. 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.

10. Reprisal

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.

11. Review

This policy will be reviewed within at least 3 years after it is first implemented.

12. Collection of Student Data

Summit 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.

13. Resources

Appendix 1 lists provincial rape crisis centres which could be provided as resources.