Sexual Violence and 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.
Introduction
1. Eden College of Business and Health 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.
2. Eden College of Business and Health 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 facilities, or at one of its events and involve its students.
3. 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 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
1. Eden College of Business and Health 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 follows 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.
2. The Sexual Violence Policy shall be published on its website as well as in a conspicuous location on each of its current and future facilities.
3. Career college management, instructors, staff, other employees, and contractors of Eden College of Business and Health will report incidents of or complaints of sexual violence to the Director upon becoming aware of them.
4. Students who have been affected by sexual violence or who need information about supports and services available at Eden College of Business and Health should contact the Director, Jason Li, at mgt@edencollege.ca, or make an in-person appointment to speak to him via the instructor, facilitator, or receptionist.
5. Subject to Section 4 below, to the extent it is possible, Eden College of Business and Health 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.
6. This will be done by:
a. 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; and
b. Ensuring that the documentation is kept in a separate file from that of the Complainant/student or the Respondent.
7. The Eden College of Business and Health will appropriately accommodate the needs of students affected by sexual violence.
8. Eden College of Business and Health 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.
9. Notwithstanding (8), in certain circumstances, Eden College of Business and Health 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.
10. In all cases, including (8) above, Eden College of Business and Health will appropriately accommodate the needs of its students who are affected by sexual violence. Students seeking accommodation should contact the Director.
11. Eden College of Business and Health shall 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 listed in the Appendix. Students are not required to file a formal complaint to access supports and services.
Investigating Reports of Sexual Violence
1. Under this Sexual Violence Policy, any student of Eden College of Business and Health may file a report of an incident or a complaint to the Director, Jason Li, at mgt@edencollege.ca, in writing.
2. Upon receipt of a report of an incident or a complaint of alleged sexual violence being made, the Director 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, Eden College of Business and Health may conduct its own independent investigation and make its own determination in accordance with its own 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.
3. 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 career college's policies relating to drug or alcohol use at the time the alleged sexual violence occurred.
4. During the institution's investigative process, 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 career college's staff or investigators, including irrelevant questions relating to the student's sexual expression or past sexual history. Examples of such irrelevant questions would include those relating to past sexual history or sexual expression.
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 Director will:
(A) review all 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
If it is determined by Eden College of Business and Health 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
Should the Complainant or the Respondent not agree with the decision resulting from the investigation, he or she may appeal the decision to the Owner of the Eden College of Business and Health, Leon Li, by contacting her via email at leon@edencollege.ca.
*Alternatively, the Complainant or the Respondent may immediately contact one of the following organizations in the Appendix. *
Should the Complainant or the Respondent not agree with the decision resulting from the investigation of the Director of the Eden College of Business and Health, he or she may appeal the decision to the Ministry of Colleges and Universities by submitting the inquiry at the Program Approval & Registration Information System (PARIS). Students shall register in PARIS at this link: https://www.pcc.tcu.gov.on.ca/PARISExtWeb/public/register.xhtml with a “Student” type profile. Once they login, students shall click on Inquiry.
For any issues with the PARIS profile, students shall contact the Ministry of Colleges and Universities at PCC@ontario.ca
Making False Statements
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.
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
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.
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
This policy will be reviewed 3 years after it is first implemented.
Collection of Student Data
Eden College of Business and Health 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.
Resources
Appendix 1 lists provincial rape crisis centres which could be provided as resources.
APPENDIX
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
Français
Fem'aide
Telephone Toll-Free: 1-877-336-2433
ATS: 1 866 860-7082
Sexual Assault/Domestic Violence Treatment Centres
35 hospital-based centres that provide 24/7 emergency care to women. To locate the Sexual Assault/Domestic Violence Treatment Centre nearest you, follow this link.
http://satcontario.com/en/locate_centre.php
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
Belleville
Sexual Assault Centre for Quinte and District
Toll-Free: 1-877-544-6424
Office: 613-967-6300
Bracebridge
Muskoka/Parry Sound Sexual Assault Services
Parry Sound District Office
Office: (705) 774-9083 or 1-877-851-6662
Bracebridge
Muskoka District Office
Office: (705) 646-2122 or 1-877-406-1268
Brantford
Sexual Assault Centre of Brantford
Crisis: 519-751-3471
Office: 519-751-1164
sexualassaultcentre@sacbrant.ca
Brockville
Assault Response & Care Centre
Office: (613) 345-3881 or 1-800-567-7415
arcc@bgh-on.ca
Chatham
Chatham-Kent Sexual Assault Crisis Centre
24-Hour Crisis Line: 519-354-8688
Office/TTY: 519-354-8908
Cornwall
Sexual Assault Support Services for Women
Office:613-932-1755
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
Eganville
Women's Sexual Assault Centre of Renfrew County
24-Hour Crisis: 1-800-663-3060
Office: 613-735-5551
Guelph
Guelph-Wellington Women in Crisis
Crisis: 519-836-5710
1-800-265-7233
Office: 519-823-5806
Hamilton
Sexual Assault Centre (Hamilton and Area)
Crisis: (905) 525-4162
Office (905) 525-4573
TTY: 905-525-4592
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
Kitchener-Waterloo
Sexual Assault Support Centre of Waterloo Region
Crisis: 519.741.8633
Office: 519.571.0121
info@sascwr.org
London
Sexual Assault Centre London
Crisis: 519-438-2272
Office 519-439-0844
TTY: 519-439-0690
sacl@sacl.ca
London
London Abused Women's Centre
Office: 519-432-2204
E-Mail: info@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
Newmarket
Women's Support Network of York Region
Crisis: 1-800-263-6734 or 905-895-6734
Office: (905) 895-3646
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
Oakville
Sexual Assault & Violence Intervention Services of Halton
Crisis: 905-875-1555 or 1-877-268-8416
Office: 905-825-3622
Orangeville
Family Transition Place
Crisis: 1-800-265-9178
Office: 519-942-4122
Ottawa
Sexual Assault Support Centre
Crisis: 613-234-2266
Phone: 613-725-2160
TTY: 613-725-1657
info@sascottawa.com
Ottawa
Ottawa Rape Crisis Centre
Crisis: 613-562-2333
Office: 613-562-2334
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
Sault Ste Marie
Women in Crisis (Algoma) Inc.
Crisis: 705-759-1230 or 1-877-759-1230
Sarnia-Lambton
Sexual Assault Survivors Centre Sarnia-Lambton
Crisis: 519 337-3320 or 1-888-231-0536
Office: (519) 337-3154
Simcoe
Haldimand & Norfolk Women's Service
Crisis: 1-800-265-8076
TTY: 1-800-815-6419
Office: 519-426-8048
hnws@hnws.on.ca
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
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
Toronto
Oasis Centre des Femmes
Téléphone : 416-591-6565
Courriel : services@oasisfemmes.org
Toronto
Toronto Rape Crisis Centre: Multicultural Women Against Rape
Crisis: 416-597-8808
Office: 416-597-1171
info@trccmwar.ca
crisis@trccmwar.ca
