Sexual Violence & Harassment Policy Statement from the Ontario College of Business & Technology’s President values respect for all individuals, civility, diversity, dignity, equality, and freedom. We are committed to maintaining a healthy and safe learning, social and working environment. We are committed to maintaining a campus free of discrimination and harassment and strive to foster an atmosphere of healthy attitudes and behaviour towards sexuality, sex and gender roles. Ontario College of Business & Technology will not tolerate behaviour that contributes to a hostile and inequitable learning or working environment. We take seriously our commitment to supporting those who experience sexual violence, and we work diligently on campus and with community partners on programs, policies and resources to ensure that our campus remains free from sexual violence. In compliance with the requirements of the Ministry of Advanced Education and Skills Development for 2017, we have included a chapter in our website where our students will have access to the information contained in the ONTARIO COLLEGE OF BUSINESS & TECHNOLOGY’s Sexual Violence and Harassment Policy. The Policy provides procedures and resources to support individuals who have directly or indirectly experienced sexual violence.

I urge all members of the College community to review the Policy to learn about options and resources available to those who require support or who wish to support others. Please help to ensure that the College remains a safe and positive space where members of the College community feel able to work, learn and express themselves in a safe environment that upholds human equality.

ONTARIO COLLEGE OF BUSINESS & TECHNOLOGY SEXUAL VIOLENCE AND HARRASMENT PREVENTION POLICY Type: Administrative Responsibility: Campus Administration Effective Date: January 1st, 2017 Review Date: February 25th, 2022 This Policy applies to: All members of the College community including: all employees, governors, students, contractors, suppliers of services, individuals who are directly connected to any College initiatives, volunteers, and visitors.

DEFINITIONS

  1. Sexual assault: A criminal offence under the Criminal Code of Canada. Sexual assault is any type of unwanted sexual act done by one person to another that violates the sexual integrity of the victim and involves a range of behaviour from any unwanted touching to penetration. Sexual assault is characterized by a broad range of behaviour that involve the use of force, threats, or control towards a person, which makes that person feel uncomfortable, distressed, frightened, threatened, or that is carried out in circumstances in which the person has not freely agreed, consented to, or is incapable of consenting to. Sexual violence: A broad term that describes any violence, physical or psychological, carried out through sexual means or by targeting sexuality. This violence takes different forms including sexual abuse and sexual assault.
  2. Consent: The voluntary and explicit agreement to engage in the sexual activity in question. It is the act of willingly agreeing to engage in specific sexual behaviour, and requires that a person is able to freely choose between two options: yes and no. This means that there must be an understandable exchange of affirmative words, which indicates a willingness to participate in mutually agreed upon sexual activity. It is also imperative that everyone understands the following:
    • Silence or non-communication must never be interpreted as consent and a person in a state of diminished judgment cannot consent.
    • A person is incapable of giving consent if they are asleep, unconscious or otherwise unable to communicate.
    • A person who has been threatened or coerced (i.e. is not agreeing voluntarily) into engaging in the sexual activity is not consenting to it.
    • A person who is drugged is unable to consent.
    • A person is usually unable to give consent when under the influence of alcohol.
    • A person may be unable to give consent if they have a mental disability preventing them from fully understanding the sexual acts.
    • The fact that consent was given in the past to a sexual or dating relationship does not mean that consent is deemed to exist for all future sexual activity.
    • A person can withdraw consent at any time during the course of a sexual encounter.
    • A person is incapable of giving consent to a person in a position of trust, power or authority, such as, a faculty member initiating a relationship with a student who they teach, an administrator in a relationship with anyone who reports to that position.
    • Consent cannot be given on behalf of another person. It is the responsibility of the initiator of sexual activity to ensure clear and affirmative responses are communicated at all stages of sexual engagement. It is also the initiator’s responsibility to know if the person they are engaging with sexually is a minor.
    Note: For information purposes only, the Criminal Code defines “consent” as follows: Consent: The voluntary agreement to engage in the sexual activity in question. No consent is obtained where…
    1. The agreement is expressed by the words or conduct of a person other than the complainant.
    2. The complainant is incapable of consenting to the activity.
    3. he accused induces the complainant to engage in the activity by abus
    4. ing a position of trust, power or authority.
    5. the complainant expresses, by words or conduct, a lack of agreement to engage in the activity or
    6. The complainant, having consented to engage in sexual activity, expresses, by words or conduct, a lack of agreement to continue to engage in the activity. Acquaintance sexual assault: Sexual contact that is forced, manipulated, or coerced by a partner, friend or acquaintance. Age of consent for sexual activity: The age at which a person can legally consent to sexual activity.

    In Canada, children under 12 years of age can never legally consent to sexual acts. 16 is the legal age of consent for sexual acts. There are variations on the age of consent for adolescents who are close in age between the ages of 12 and 16. 12- and 13-year-olds can consent to have sex with other youth who are less than 2 years older than themselves. Youth who are 14 and 15 years old may consent to sexual involvement that is mutual with a person who is less than 5 years older.

    Youths 16 and 17 years old may legally consent to sexual acts with someone who is not in a position of trust or authority. Coercion: In the context of sexual violence, coercion is unreasonable and persistent pressure for sexual activity. Coercion is the use of emotional manipulation, blackmail, threats to family or friends, or the promise of rewards or special treatment, to persuade someone to do something they do not wish to do, such as being sexual or performing particular sexual acts. Drug-facilitated sexual assault: The use of alcohol and/or drugs (prescription or non--‐ prescription) by a perpetrator to control, overpower or subdue a victim for purposes of sexual assault.

    Stalking: A form of criminal harassment prohibited by the Criminal Code of Canada. It involves behaviour that occurs on more than one occasion and which collectively instill fear in the victim or threaten the victim/target’s safety or mental health. Stalking can also include threats of harm to the target’s friends and/or family. These behaviours include but are not limited to non-consensual communications (face to face, phone, email, social media); threatening or obscene gestures; surveillance; sending unsolicited gifts; “creeping” via social media/cyber-stalking; and uttering threats.

    Survivor: Some who have experienced sexual violence may choose to identify as a survivor. Individuals might be more familiar with the term “victim”. We use the term survivor throughout this policy where relevant because some who have experienced sexual assault believe they have overcome the violent experience and do not wish to identify with the victimization. It is the prerogative of the person who has experienced these circumstances to determine how they wish to identify.

  3. PURPOSE AND INTENT OF THE POLICY All members of ONTARIO COLLEGE OF BUSINESS & TECHNOLOGY community have a right to work and study in an environment that is free from any form of sexual violence.

    This document sets out our policy and response protocol to sexual violence and ensures that those who experience sexual violence are believed and their rights respected, that the College has a process of investigation that protects the rights of individuals and holds individuals who have committed an act of sexual violence accountable. III. POLICY STATEMENT Sexual assault and sexual violence are unacceptable and will not be tolerated. We are committed to challenging and preventing sexual violence and creating a safe space for anyone in our college community who has experienced sexual violence.

    The College is expected to be a safe and positive space where members of the college community feel able to work, learn and express themselves in an environment free from sexual violence. All reported incidents of sexual violence will be investigated to the best of the administration’s ability and in a manner that ensures due process. It is this policy’s intention to make individuals feel comfortable about making a report in good faith about sexual violence that they have experienced or witnessed. We recognize that sexual violence can occur between individuals regardless of sexual orientation, gender, and gender identity or relationship status as articulated in the Ontario Human Rights Code. We also recognize that individuals who have experienced sexual violence may experience emotional, academic or other difficulties. We are committed to:

    1. Assisting those who have experienced sexual violence by providing choices, including detailed information and support, such as provision of and/or referral to counseling and medical care, information about legal options, and appropriate academic and other accommodation.
    2. Ensuring that those who disclose that they have been sexually assaulted are believed, and that their right to dignity and respect is protected throughout the process of disclosure, investigation and institutional response.
    3. Ensuring that, 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 ONTARIO COLLEGE OF BUSINESS & TECHNOLOGY’s policies relating to drug or alcohol use at the time the alleged sexual violence occurred.
    4. Ensuring that 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 our college’s staff or investigators, including irrelevant questions relating to the student’s sexual expression or past sexual history.
    5. Addressing harmful attitudes and behavior (e.g., adhering to myths of sexual violence) that reinforce that the person who experienced sexual violence is somehow to blame for what happened.
    6. Treating individuals who disclose sexual violence with compassion, recognizing that they are the final decision-makers about their own best interests.
    7. Ensuring that on-campus (internal) investigation procedures are available in the case of sexual violence, even when the individual chooses not to make a report to the police.
    8. Engaging in appropriate procedures for investigation and adjudication of a complaint which are in accordance with our college’s policies, standards and applicable collective agreements, and that ensure fairness and due process.
    9. Ensuring coordination and communication among the various departments who are most likely to be involved in the response to sexual violence on campus.
    10. Engaging in public education and prevention activities.
    11. Providing information to the College community about our sexual violence policies and protocols.
    12. Providing appropriate education and training to the College community about responding to the disclosure of sexual violence.
    13. Contributing to the creation of a campus atmosphere in which sexual violence is not tolerated and
    14. Monitoring and updating our policies and protocols to ensure that they remain effective and in line with other existing policies and best practices.
  4. REPORTING AND RESPONDING TO SEXUAL VIOLENCE
    1. Members of the college community should immediately report sexual violence incidents they witness or have knowledge of, or where they have reason to believe that sexual violence has occurred or may occur. Members who have experienced sexual violence are encouraged to come forward to report as soon as they are able to do so.
    2. Persons in a position of authority, including persons directing the activities of others, shall take immediate action to respond to or to prevent sexual violence from occurring.
    3. Where the college becomes aware of incidents of sexual violence by a member of the college community or against a member of the college community, which occur on or off college property and that pose a risk to the safety of members of the college community, the college shall take all reasonable steps to ensure the safety of the college community.
  5. COMPLAINT PROCESS AND INVESTIGATIONS

    A complaint of sexual assault or any other kind of sexual violence can be filed under this Policy by any member of the College community. The College will seek to achieve procedural fairness in dealing with all complaints. As such, no sanction and/or disciplinary action will be taken against a person or group without their knowledge where there is an alleged breach of this Policy. Respondents will be given reasonable notice, with full detail of the allegations and provided with an opportunity to answer to the allegations made against them. Right to Withdraw a Complaint A complainant has the right to withdraw a complaint at any stage of the process. However, the College may continue to act on the issue identified in the complaint in order to comply with its obligations under this Policy and/or its legal obligations. Protection from Reprisals, Retaliation or Threats It is contrary to this Policy for anyone to retaliate, engage in reprisals or threaten to retaliate against a complainant or other individual for: • having pursued rights under this Policy or the Ontario Human Rights Code; • having participated or co‐operated in an investigation under this Policy or the Ontario Human Rights Code; or • having been associated with someone who has pursued rights under this Policy or the Ontario Human Rights Code. Anyone engaged in such conduct may be subject to sanctions and/or discipline. Unsubstantiated or Vexatious Complaints If a person, in good faith, discloses or files a sexual violence complaint that isn't supported by evidence gathered during an investigation, that complaint will be dismissed. Disclosures or complaints that are found following investigation to be frivolous, vexatious or bad faith complaints, that is, made to purposely annoy, embarrass or harm the respondent, may result in sanctions and/or discipline against the complainant. Confidentiality is particularly important to those who have disclosed sexual violence. The confidentiality of all persons involved in a report of sexual violence must be strictly observed, and the college does its best to respect the confidentiality of all persons, including the complainant, respondent and witnesses; however, confidentiality cannot be assured in the following circumstances:

    • an individual is at imminent risk of self‐harm;
    • an individual is at imminent risk of harming another; and/or
    • there are reasonable grounds to believe that others in the College or wider community may be at risk of harm.s

    In such circumstances, information would only be shared with necessary services to prevent harm, and the name of the survivor would not be released to the public. Where the College becomes aware of an allegation of sexual violence by a member of the College community against another member of the College community, the College may also have an obligation to take steps to ensure that the matter is dealt with in order to comply with the College’s legal obligation and/or its policies to investigate such allegations.

    In such cases, certain College administrators will be informed about the reported incident on a “need to know” and confidential basis, but not necessarily of the identities of the persons involved.

  6. SEXUAL ASSAULT AND SEXUAL VIOLENCE PROTOCOL

    1. If you have experienced sexual violence, you would like to file a formal complaint pressing charges or if you witnessed sexual violence Please contact our Student Services Coordinator at 416.265.5343 or send an email to info@myontariocollege.ca and we will assist you by providing the resources and support you need. We understand that is often difficult to disclose and report incidents of sexual violence and we agree that it is entirely up to you whether you choose to report the incident; however, we strongly encourage you to do so.

      A number of other resources are available to you, including:

      • Toronto Rape Crisis Centre
      • Women's Support Network of York Region
      • Oasis Centre de Femmes Information about these resources is available below. Anyone who has experienced sexual violence has the right to:
      • be treated with dignity and respect,
      • be believed,
      • be informed about on and off campus services and resources,
      • decide whether to access available services and to choose those services they feel will be most beneficial,
      • decide whether to report to campus security and/or local police,
      • have an on-campus investigation with the institution’s full cooperation,
      • have a safety plan, and
      • have reasonable and necessary actions taken to prevent further unwanted contact with the alleged perpetrator(s). Please note that if a member of faculty or staff of the College becomes aware of an allegation of sexual violence against another member of the College community, the faculty or staff is required to report the alleged incident to the campus managing director immediately.

    2. What to do if someone discloses allegations of sexual violence A person may choose to confide in someone about an act of sexual violence, such as a student, instructor, assistant. An individual who has experienced sexual violence may also disclose to staff or faculty members when seeking support and/or academic accommodation.

      We commit to :

      • recognizing that disclosing can be traumatic and an individual’s ability to recall the events may be limited;
      • respecting the individual’s choices as to what and how much they disclose about their experience; and
      • making every effort to respect confidentiality and anonymity.

      If disclosure is made to faculty or staff by a student seeking support or academic accommodation, the faculty or staff will refer the student to the student services and work with them to ensure that the student receives all necessary academic and other accommodations. As indicated above, if faculty or staff of the College becomes aware of an allegation of sexual violence against another member of the College community, the faculty or staff is required to report the alleged incident to Student Services immediately.

    3. Communicating with individuals who have experienced sexual violence Sensitive and timely communication with individuals who have experienced sexual violence and their family members (when an individual consent to this communication) is a central part of the College’s first response to sexual violence.

      To facilitate communication the College will:

      • Ensure that designated employees in the admin department are responsible for advocacy on campus on behalf of employees, students or any other member of the College community who have experienced sexual violence;
      • Ensure designated employees respond in a prompt, compassionate, and personalized fashion; and
      • Ensure that the person who has experienced sexual violence and the respondent are provided with reasonable updates about the status of the College’s investigation of the incident when such investigations are undertaken.

    4. Roles and Responsibilities of the College Community While everyone on campus has a role to play in responding to incidents of sexual violence, the following are specific assignments to take into consideration in the event of sexual violence:

      • Student Services Coordinator: On-campus support to assist with safety planning and make referrals to other services, including legal and medical
      • Campus Managing Director - Facilitate academic accommodations and other academic needs of those who have experienced sexual violence. - assist with any incidents relating to employees - assist with investigations and gathering evidence, to implement measures to reduce sexual violence on campus, and to collaborate with local police where appropriate

    5. How Will the College Respond to a Report of Sexual Violence? Where a complaint of sexual violence has been reported to the College, the College will exercise care to protect and respect the rights of both the complainant and the respondent.

      The College understands that individuals who have experienced sexual violence may wish to control whether and how their experience will be dealt with by the police and/or the College. In most circumstances, the person will retain this control; however, in certain circumstances, the College may be required to initiate an internal investigation and/or inform the police of the need for a criminal investigation, even without the person’s consent, if the College believes that the safety of other members of the College community is at risk.

      The confidentiality and anonymity of the person(s) affected will be prioritized in these circumstances. A report of sexual violence may also be referred to the police, or to other community resources at the complainant's request, where the persons involved are not members of the College community or in circumstances where the College is unable to initiate an internal investigation under this Policy.

      1. Where the Respondent is a Student Sexual violence is a violation of ONTARIO COLLEGE OF BUSINESS & TECHNOLOGY’s students’ conduct policy. It is considered a serious offence and will be addressed in a manner which is consistent with other serious offences. Please see ONTARIO COLLEGE OF BUSINESS & TECHNOLOGY Policies & Procedures document and ONTARIO COLLEGE OF BUSINESS & TECHNOLOGY Expulsion Policy for more details on each disciplinary process.

      2. Where the Respondent is an Employee Sexual violence is a violation of ONTARIO COLLEGE OF BUSINESS & TECHNOLOGY’s Employee's Code of Conduct. Allegations against employees will be addressed in accordance with the procedures set out in this Policy. If the complaint is sustained following an investigation, the College will decide on the appropriate disciplinary actions consistent with our policies regarding discipline.

      3. Where the Respondent is not a Student or Employee Contractors, suppliers, volunteers or visitors who attend on campus will be subject to complaints if they engage in prohibited conduct. Where a complaint against the respondent is substantiated, the College will take appropriate action. All contractual relationships entered into by the College will be governed by a standard contract compliance clause stating that contractors must comply with this Policy and the Ontario Human Rights Code, including co-operating in investigations. Breach of the clause may result in penalties, cancellation, or other sanctions.

      4. Multiple Proceedings Where criminal and/or civil proceedings are commenced in respect of the allegations of sexual violence, the College shall conduct its own independent investigation into such allegations and will make its own determination in accordance with its policies and procedures. Where there is an ongoing criminal investigation, the College will cooperate with the local police. APPENDIX I Use of the term “Rape” in the context of Sexual Violence This policy refers to the offence of sexual assault to align with the current offence contained in the Criminal Code. The word “rape” is no longer used in criminal statutes in Canada.

        The term was replaced many years ago to acknowledge that sexual violence is not about sex but is about acts of psychological and physical violence. The term “sexual assault” provides a much broader definition and criminalizes unwanted behaviour such as touching and kissing as well as unwanted oral sex and vaginal and anal intercourse. Although the term no longer has a legal meaning in Canada, the term rape is still commonly used.

        DISPELLING THE MYTHS AND MISCONCEPTIONS ABOUT SEXUAL ASSAULT Myth Fact It wasn’t rape so it wasn’t sexual violence. Sexual assault and sexual violence encompass a broad range of unwanted sexual activity. Any unwanted sexual contact is considered to be sexual violence. A survivor can be severely affected by all forms of sexual violence, including unwanted fondling, rubbing, kissing, or other sexual acts. Many forms of sexual violence involve no physical contact, such as stalking or distributing intimate visual recordings.

        All of these acts are serious and can be damaging. Sexual assault can’t happen to me or anyone I know. Sexual assault can and does happen to anyone. People of all socioeconomic and ethnic backgrounds are victims of sexual assault, but the vast majority of sexual assaults happen to women and girls. Young women, Aboriginal women and women with disabilities are at greater risk of experiencing sexual assault. Sexual assault is most often committed by strangers. Someone known to the victim, including acquaintances, dating partners, and common--‐law or married partners, commit approximately 75 per cent of sexual assaults.

        Sexual assault is most likely to happen outside in dark, dangerous places. The majority of sexual assaults happen in private spaces like a residence or private home If an individual doesn’t report to the police, it wasn’t sexual assault. Just because a victim doesn’t report the assault doesn’t mean it didn’t happen. Fewer than one in ten victims report the crime to the police. It’s not a big deal to have sex with someone while they are drunk, stoned or passed out. If a person is unconscious or incapable of consenting due to the use of alcohol or drugs, they cannot legally give consent. Without consent, it is sexual assault.

        If the person chose to drink or use drugs, then it isn’t considered sexual assault. This is a prominent misconception about sexual assault. IF the victim didn’t scream or fight back, it probably wasn’t sexual assault. IF the victim does not fight back, the sexual assault is their fault. People who commit sexual assault/abuse are trying to gain power and control over their victim. They want to make it extremely difficult, if not impossible for their victim o say no.

        A person does not need to actually say the word “no” to make it clear that they did not want to participate. The fucus in consent is on hearing a clear and concise “yes”. If the person isn’t crying or visibly upset, it probably wasn’t a serious sexual assault. Every person responds to the trauma of sexual assault differently. People may cry or may be calm. They may be silent or very angry. Their behaviour is not an indicator of their experience. its important not to judge a person by how they respond to the assault. If someone does not have obvious physical injuries like cuts or bruises, they probably were not sexually assaulted. Lack of physical injury does not mean that a person wasn’t sexually assaulted. An offender may use threats, weapons, or other coercive actions that do not leave physical marks.

        The person may have been unconscious or been threaten to be injured if they present any resistance. If it really happened, the victim would be able to easily recount all the facts in the proper order. Shock, fear, embarrassment and distress can all impair memory. Many survivors attempt to minimize or forget the details of the assault as a way of coping with trauma. Memory loss is common when alcohol and /or drugs are involved. Individuals lie and make up stories about being sexually assaulted.

        Most reports of sexual assault turn out to be false. According to Statistics Canada, fewer than one in 10 sexual assault victims report the crime to the police. Approximately 2% of sexual assault reports are false. The number of false reports for sexual assault is very low. Sexual assault carries such a stigma that many people prefer not to report. Persons with disabilities don’t get sexually assaulted. Individuals with disabilities are at ta high risk of experiencing sexual violence or assault.

        Those who live with activity limitations are over two times more likely to be victims of sexual assault than those who are able-bodied. People who are sexually assaulted “ask for it” by their provocative behaviour or dress. Absolutely wrong. Nobody deserves to be sexually assaulted. Nobody asks to be assaulted.

        NO mode of dress, no amount of alcohol or drugs ingested, no matter what the relationship is between the survivor and the perpetrator or what the survivors’ occupation is , sexual assault is always wrong and never provoked. Sexual assault only happens to women. False. The majority of sexual assaults are committed against women by men, but people of all genders, from all backgrounds have been / can be assaulted. If you got aroused or got an erection, ejaculated or reached an orgasm, you must have enjoyed it.

        It is normal for your body to react to physical stimulation. Just because you became physically aroused does not mean that you liked it or wanted it or consented in any way. If you experienced some physical pleasure, this does not take away the fact that if you didn’t consent, the sexual abuse happened.

        APPENDIX II Sexual Assault Centres (Ontario) Region in Ontario Sexual Assault Centre 24-hr Crisis Line Office Phone Peel Hope 24/7: Sexual Assault Centre of Peel 1-800-810-0180 905-792-0821 Toronto Multicultural Women Against Rape/Toronto Rape Crisis Centre (416) 597-8808 416-597-1171 York Women’s Support Network of York Region 1-800-263-6734 905-895-3646 Pour le support francophone aux femmes victimes d'agression sexuelle: CALACS (Francophone Sexual Assault Centres) in Ontario Oasis Centre des femmes www.oasisfemmes.org 465 Yonge Street PO Box 73022 Wood Street PO Toronto ON M4Y 2W5 Toronto 416 591-6565 services@oasisfemmes.org