| This Policy applies to: All members of the College community including:
executives, governors, administrators, faculty, staff, students, contractors,
suppliers of services, individuals who are directly connected to any College
initiatives, volunteers, and visitors.
1. Purpose and Intent
All members of Trillium
Esthetic and Hair Technology College community have a right to a 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.
2. Policy Statement
We are committed to reducing
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. No individual should feel
uncomfortable about making a report in good faith about sexual violence that he
or she has 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:
2.1.
assisting those who have experienced sexual violence by providing detailed
information and support, including provision of and/or referral to counselling
and medical care, and appropriate academic and other accommodation;
2.2.
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;
2.3. treating individuals who
disclose sexual violence with compassion recognizing that they are the final
decision-makers about their own best interests;
2.4. 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;
2.5. engaging in appropriate procedures for investigation and
adjudication of a complaint which are in accordance with College policies and
standards, and that ensure fairness and due process;
2.6. ensuring coordination and communication among the
various departments who are most likely to be involved in the response to
sexual violence on campus;
2.7. engaging in public education and prevention activities;
2.8. providing information to the College community about
sexual violence on campus;
2.9. providing appropriate education and training to the
College community about responding to the disclosure of sexual violence;
2.10.contributing to the creation of a campus atmosphere in
which sexual violence is not tolerated; and,
2.11.monitoring
and updating our policies and protocols to ensure that they remain effective
and in line with other existing policies and best practices.
3. Reporting and Responding to Sexual Violence
3.1. Members of the College community should immediately
report incidents where they are subject to, witness or have knowledge of sexual
violence, or have reason to believe that sexual violence has occurred or may
occur.
3.2. 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.
3.3. 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.
4.
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.
It is intended that accused individuals be given reasonable notice, with full
detail of the allegations and provided with an opportunity to answer to the
allegations made against them.
4.1. 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 obligation under this Policy and/or its legal obligations.
4.2. 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.
4.3. Unsubstantiated
Complaints
If a person,
in good faith, discloses or files a sexual violence complaint that is not
supported by evidence gathered during an investigation, that complaint will be
dismissed and no record of it will be placed in the complainant’s or
respondent’s file. However, disclosures or complaints that are made to
purposely annoy, embarrass or harm the respondent are considered frivolous,
vexatious, or bad faith complaints and may result in sanctions against the
complainant and/or discipline.
5.
Confidentiality
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.
In such
circumstances, information would only be shared with necessary services to
prevent harm, and the name of the victim 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. Defining
Sexual Assault and Sexual Violence
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 behaviours from any unwanted
touching to penetration. Sexual assault is characterized by a broad range of
behaviours 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.
Consent: The voluntary 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 she/he is 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 she/he is under the influence of alcohol
and/or drugs.
• A person may
be unable to give consent if she/he has a mental disability.
• 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.
It is the
responsibility of the initiator of sexual activity to obtain clear and
affirmative responses at all stages of sexual engagement.
Consent as
defined in the Criminal Code:
Consent: The voluntary agreement to engage in
the sexual activity in question. No consent is obtained, where
a) the agreement is expressed by the words or conduct of a
person other than the complainant;
b) the complainant is incapable of consenting to the
activity;
c) the accused induces the complainant to engage in the
activity by abusing a position of trust, power or authority;
d) the complainant expresses, by words or conduct, a lack of
agreement to engage in the activity; or
e) 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.
Other
Relevant Terms
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 can never legally consent to sexual acts. Sixteen 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.
Twelve 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 behaviours that
occur 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: A survivor is anyone who has
experienced sexual assault. Individuals might be more familiar with the term
“victim”. We use the term survivor because having experienced sexual assault
means you’ve survived something — not that you’ve been victimized by it.
SEXUAL ASSAULT AND SEXUAL VIOLENCE PROTOCOL
1. If You
Have Experienced Sexual Violence
If you have
experienced sexual violence, please call our office at: 905-882-0012, and we
will assist you by providing all the resources and support you need. It is
often difficult to disclose and report incidents of sexual violence. It is
entirely up to you if you choose to report the incident; however, we strongly
encourage you to do so. A number of other resources are available to you,
including:
goSAFE
416-736-5454 or ext. 55454
SASSL, 24-hr Crisis Line
416-650-8056
Toronto Rape Crisis Centre
Multicultural Women Against Rape, 24-hr Crisis Line
416-597-8808
Sherbourne Health Centre - Services
for Lesbian, Gay and Trans people 416-324-4103
Good2Talk 24-hr Student Crisis Line
1-866-925-5454
Women's College Hospital
416-323-6400
Support Services for Male Survivors
of Sexual Abuse 1-866-887-0015
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 or not 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).
2. If You
Would like to File a Formal Complaint
Individuals
who have experienced sexual violence may also wish to press charges under the Criminal
Code. If you wish to file a report you can call the police at
911.
If you witness
sexual violence, please call the office at: 905-882-0012, and we will assist
you by providing all the resources and necessary support.
A number of
other resources are available to you, including:
- Good2Talk 1.866.925.5454
- Call police or emergency
services
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 director immediately.
4. 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, teaching assistant, coach, or staff from housing, health,
counselling or security. An individual who has experienced sexual violence may
also disclose to staff or faculty members when seeking support and/or academic
accommodation. A supportive response involves:
• listening without judgement and
accepting the disclosure as true;
• communicating that sexual violence is
never the responsibility of the victim;
• helping the individual identify
and/or access available on- or off-campus services, including emergency medical
care and counselling;
• respecting the individual’s right to
choose the services they feel are most appropriate and to decide whether to
report to the police;
• 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 should refer the student to the director,
and work with the director 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 director immediately.
5.
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 consents 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 staff members
who are knowledgeable about sexual violence, are responsible for advocacy on
campus on behalf of staff, students or any other member of the College
community who have experienced sexual violence;
• Ensure designated staff members
respond in a prompt, compassionate, and personalized fashion; and
• Ensure that the victim is provided
with reasonable updates about the status of the College’s investigation of the
incident when such investigations are undertaken.
6. Roles
and Responsibilities of the College Community
While everyone
on campus has a role to play in responding to incidents of sexual violence,
some campus members will have specific responsibilities which might include:
• On-campus health supports to provide
psychological and emotional support, assist with safety planning and make
referrals to other services, including medical services;
• Faculty, staff and administrators to
facilitate academic accommodations and other academic needs of those who have
experience sexual violence;
• Student operated sexual violence
services to provide peer supports;
• Human Resources to assist with any
incidents relating to staff; and
• Security to assist with
investigations and gathering evidence, to implement measures to reduce sexual
violence on campus, and to collaborate with local police where appropriate.
7. 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 been the victims
of 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.
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.
7.1. Where
the Respondent is a Student
Sexual violence is considered a serious offence and will be
addressed in a manner which is consistent with other serious offences. If the
complaint is sustained following an investigation, the College will decide on
the appropriate disciplinary actions consistent with any applicable collective
agreement and/or policies regarding discipline
7.2. Where
the Respondent is a member of Faculty or Staff
Allegations
against faculty and staff will be addressed in accordance with the procedures
set out in this Policy, and in any applicable collective agreement, and/or
other College policies. If the complaint is sustained following an
investigation, the College will decide on the appropriate disciplinary actions
consistent with any applicable collective agreement and/or policies regarding
discipline.
7.3. Where
the Respondent is not a Student, Faculty or Staff
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.
7.4. 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.
8. Other
Resources and Supports Available to You
To talk to someone:
Call a distress line: 416.408.4357 (HELP) TTY: 416.408.0007
or emergency shelters and the
closest free meal:
416.392.3777 or toll free 1.866.392.3777
If you experience thoughts of
suicide:
Go to your closest hospital emergency department
Call a distress line: 416.408.4357 (HELP), TTY: 416.408.0007
For immediate medical advice:
Call Telehealth: 1.866.797.0000, TTY: 1.866.797.0007
For sexual assault/violence:
Assaulted Women’s Helpline 416.863.0511, 1.866.863.0511, TTY 1.866.863.7868
Yellow Brick House Toll Free: 1.800.263.3247 TTY: 905.751.1712
Barbra Schlifer Clinic Safety Planning 416.323.9149 ext. 234
Male Survivors of Sexual Abuse Provincial Crisis and Support Line Toll Free:
1.866.887.0015
For mental health:
Gerstein Centre: 416.929.5200 (same number for TTY service)
For walk-in counselling:
Catholic Family Services – Peel / Dufferin Region Brampton: 905.450.1608 ext.
101
Mississauga: 905.897.1644 ext. 101
Bolton: 905.450.1608 ext. 101
For child protection:
Children’s Aid society of Toronto 416.924.4646
Emergency Shelter:
Yellow Brick House 905.727.1944
Barbra Schlifer Clinic Transitional Housing Support 416.323.9149 ext. 234
Outreach Services (counselling,
legal):
Yellow Brick House 1.877.222.8438
Catholic Family Services 416.921.1163
Barbra Schlifer Clinic Legal Assistance 416.323.9149 ext. 278
Daily Bread Food Bank: 416.203.0050
AIDS & Sexual Health Info Line: 1.800.668.2437
Post-secondary Student Help line Good2Talk: 1.866.925.5454 or connect through
2-1-1
APPENDIX
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.
|
As outlined above, sexual
assault and sexual violence encompasses a broad range of unwanted touching.
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. 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 82 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 he/she is drunk, stoned or passed out.
|
If a person is unconscious or
incapable of consenting due to the use of alcohol or drugs, he/she 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. No one can consent while drunk. Some
people drink to lose their inhibitions. If you’re going to be drinking with a
sweetheart and maybe hooking up later while drunk, discuss boundaries
ahead of time, but know that consent can’t truly be given in advance.
| |
| |
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 his/her fault.
|
When an individual is sexually
assaulted he/she may become paralyzed with fear and be unable to fight back.
The person may be fearful that if he/she struggles, the perpetrator will
become more violent. If the person is under the influence of alcohol or drugs,
he/she may be incapacitated or unable to resist.
| |
If you didn’t say no, it must be
your 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 to
say no. A person does not need to actually say the word “no” to make it clear
that he/she did not want to participate.
| |
If a woman isn’t crying or visibly
upset, it probably wasn’t a serious sexual assault.
|
Every woman responds to the trauma
of sexual assault differently. She may cry or she may be calm. She may be
silent or very angry. Her behaviour is not an indicator of her experience. It
is important not to judge a woman by how she responds to the assault.
| |
If someone does not have obvious
physical injuries, like cuts or bruises, he/she probably was 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 otherwise incapacitated.
| |
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; and 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. Less than 2% of sexual assault reports are false, the same false
reporting rate as for all other major crimes.
The number of false reports for
sexual assault is very low, consistent with the number of false reports for
other crimes in Canada. 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 a 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. |
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