Sexual Violence & Harassment Policy
(a) HER Digital Academy 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.
(b) HER Digital Academy 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”.
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.
Training, Reporting and Responding to Sexual Violence
(a) HER Digital Academy shall include a copy of the Sexual Violence & Harassment Policy in every contract made between it and its students, and provide a copy of the Sexual Violence & Harassment 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 & Harassment Policy shall be published on its website (or where the Career College does not have a website in a conspicuous location on each of its campuses).
(c) Career college management, instructors, staff, other employees and contractors of HER Digital Academy will report incidents of or complaints of sexual violence to HER Digital Academy upon becoming aware of them.
(d) Students who have been affected by sexual violence or who need information about support services should contact HER Digital Academy.
(e) Subject to Section 4 below, to the extent it is possible, HER Digital Academy 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) HER Digital Academy 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, HER Digital Academy 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, HER Digital Academy will appropriately accommodate the needs of its students who are affected by sexual violence. Students seeking accommodation should contact HER Digital Academy. In this regard, HER Digital Academy 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 support and services.
Investigating Reports of Sexual Violence
(a) Under this Sexual Violence Policy, any student of HER Digital Academy may file a report of an incident or a complaint to HER Digital Academy in writing. The other officials, offices or departments that will be involved in the investigation are (Insert Titles).
(b) Upon receipt of a report of an incident or a complaint of alleged sexual violence being made HER Digital Academy will respond promptly 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, HER Digital Academy 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 removal of the Respondent or seeking alternate methods of providing necessary course studies.
(c) 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) 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;
(iv) interviewing any person involved or who has, or may have, knowledge of the incident and any identified witnesses;
(v) providing reasonable updates to the Complainant and the Respondent about the status of the investigation; and
(vi) following the investigation, the HER Digital Academy 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 Section 5 below.
Disciplinary Measures
(a) If it is determined by HER Digital Academy 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 (insert particulars) within (insert particulars) days by submitting a letter addressed to (insert particulars) advising of the person’s intent to appeal the decision.
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) HER Digital Academy shall ensure that student input is considered in the development of its Sexual Violence Policy and every time it is reviewed or amended.
(b) HER Digital Academy shall review its Sexual Violence & Harassment Policy 3 years after it is first implemented and amend it where appropriate. This date is (insert date).
Collection of Student Data
(a) HER Digital Academy 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.
This template is intended to be a Sexual Violence and Harassment Policy Guideline and does not constitute legal advice.
Appendix 1
The following represents a list of Provincial Rape Crisis Centres that could be provided as resources:
Canadian Association of Sexual Assault Centres Ontario Provincial
English 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
Français
Fem’aide Telephone Toll-Free: 1-877-336-2433 ATS: 1 866 860-7082 www.femaide.ca
Sexual Assault/Domestic Violence Treatment Centres
35 hospital-based centers that provide 24/7 emergency care to women. To locate the Sexual Assault/Domestic Violence Treatment Centre nearest you, follow this link.
Local
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: 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 Muskoka District Office Office: (705) 646-2122 or 1-877-406-1268 www.daphnewymn.com
Brantford Sexual Assault Centre of Brantford Crisis: 519-751-3471 Office: 519-751-1164 sexualassaultcentre@sacbrant.ca http://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 http://cksacc.org/
Cornwall Sexual Assault Support Services for Women Office:613-932-1755 http://sassforwomen.ca/
Iethinisten:ha Women’s Shelter Akwasasne Family Violence Program 24-Hour Crisis: 1-800-480-4208 Phone: 613-937-4322 www.akwesasne.ca/iethinistenha-women’s-shelter
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 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: 519-439-0690 sacl@sacl.ca www.sacl.ca
London Abused Women’s Centre Office: 519-432-2204 E-Mail: info@lawc.on.ca http://lawc.on.ca/
Peel Region Hope 24/7 (formerly the Sexual Assault/Rape Crisis Centre of Peel) Crisis:1-800-810-0180 Office: (905) 792-0821 http://hope247.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 Nipissing/centre d’aggressions sexuelles de Nipissing
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 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/
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
Simcoe 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 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 http://www.tawc.ca/
Toronto Oasis Centre des Femmes Téléphone : 416-591-6565 Courriel : 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
Josh Stobbard
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