Trillium Esthetic and Hair Technology College


Payment and Policy

PAYMENT
All payments are to be made payable in Canadian funds. Payment can be made via cash, cheque, money order, bank draft, Interac, Visa, MasterCard or American Express.

NSF cheques are subject to a $50.00 administrative fee.

Payment/Tuition Schedule:

Tuition Deposit 30% of total tuition Due 2 weeks prior to program/course commence
Full payment Balance Due upon program/course commence

REFUND POLICY
For those who has contracted for a course/program and intent not to commence/continue the course/program of instruction must provide our school a notice in writing either delivered personally or by registered mail to our school. Upon receipt of the notice, our refunds are as follow:

Full refunds
25.  (1)  A private career college shall refund all of the fees paid by a student under a contract for the provision of a vocational program in the following circumstances:
1. The contract is rescinded by a person within two days of receiving a copy of the contract in accordance with section 36 of the Act.
2. The private career college discontinues the vocational program before the student completes the program, subject to subsection (2).
3. The private career college charges or collects the fees,
i. before the registration was issued for the college under the Act or before the vocational program was approved by the Superintendent, or
ii. before entering into a contract for the provision of the vocational program with the student, unless the fee is collected under subsection 44 (3).
4. The private career college expels the student from the college in a manner or for reasons that are contrary to the college's expulsion policy.
5. The private career college employs an instructor who is not qualified to teach all or part of the program under section 41.
6. The contract is rendered void under subsection 18 (2) or under section 22.
7. If a private career college fails to, or does not accurately, provide in the itemized list provided to the Superintendent under section 43 a fee item corresponding to a fee paid by a student for the provision of a vocational program, the college shall pay the student,
i. in the case of an item not provided by the college, the full amount of the fee for the item, and
ii. in the case of a fee in excess of the amount of the fee provided for the item, the difference between the amount of the fee for the item provided to the Superintendent and the fee collected. O. Reg. 415/06, s. 25 (1).
(2)  A full refund is not payable in the circumstances described in paragraph 2 of subsection (1) if the discontinuance of the vocational program coincides with the private career college ceasing to operate. O. Reg. 415/06, s. 25 (2).
(3)  A refund is not payable under paragraphs 1 to 6 of subsection (1) unless the student gives the private career college a written demand for the refund. O. Reg. 415/06, s. 25 (3).
(4)  A refund under subsection (1) is payable by the private career college within 30 days of the day the student delivers to the college,
(a) in the case of a rescission under section 36 of the Act, notice of the rescission; or
(b) in the case of a refund under paragraphs 2 to 6 of subsection (1), a written demand for the refund. O. Reg. 415/06, s. 25 (4).
Partial refund where student does not commence program
26.  (1)  If a student is admitted to a vocational program, pays fees to the private career college in respect of the program and subsequently does not commence the program, the college shall refund part of the fees paid by the student in the following circumstances:
1. The student gives the college notice that he or she is withdrawing from the program before the day the vocational program commences.
2. In the case of a student who is admitted to a vocational program on the condition that the student meet specified admission requirements before the day the program commences, the student fails to meet the requirements before that day.
3. The student does not attend the program during the first 14 days that follow the day the program commenced and the college gives written notice to the student that it is cancelling the contract no later than 45 days after the day the program has commenced. O. Reg. 415/06, s. 26 (1).
(2)  The amount of a refund under subsection (1) shall be an amount that is equal to the full amount paid by the student for the vocational program, less an amount equal to the lesser of 20 per cent of the full amount of the fee and $500. O. Reg. 415/06, s. 26 (2).
(3)  A refund under subsection (1) is payable,
(a) in the case of a refund under paragraph 1 of subsection (1), within 30 days of the day the student gives notice of withdrawing from the program;
(b) in the case of a refund under paragraph 2 of subsection (1), within 30 days of the day the vocational program commences; and
(c) in the case of a refund under paragraph 3 of subsection (1), within 45 days of the day the vocational program commences. O. Reg. 415/06, s. 26 (3).
(4)  For the purposes of paragraph 3 of subsection (1), it is a condition of a contract for the provision of a vocational program that the private career college may cancel the contract within 45 days of the day the vocational program commences if the person who entered the contract with the college fails to attend the program during the 14 days that follow the day the vocational program commences. O. Reg. 415/06, s. 26 (4).
(5)  A private career college that wishes to cancel a contract in accordance with subsection (4) shall give written notice of the cancellation to the other party to the contract within 45 days of the day the vocational program commences. O. Reg. 415/06, s. 26 (5).
Partial refunds: withdrawals and expulsions after program commenced
27.  (1)  A private career college shall give a student who commences a vocational program a refund of part of the fees paid in respect of the program if, at a time during the program determined under subsection (3),
(a) the student withdraws from the program after the program has commenced; or
(b) the student is expelled from the program in circumstances where the expulsion is permitted under the private career college's expulsion policy. O. Reg. 415/06, s. 27 (1).
(2)  This section does not apply to vocational programs described in sections 28 and 29. O. Reg. 415/06, s. 27 (2).
(3)  A private career college shall pay a partial refund under this section only if the withdrawal or expulsion from the vocational program occurs at a time during the program determined in accordance with the following rules:
1. In the case of a vocational program that is less than 12 months in duration, the withdrawal or expulsion occurs during the first half of the program.
2. In the case of a vocational program that is 12 months or more in duration,
i. for the first 12 months in the duration of the program and for every subsequent full 12 months in the program, the withdrawal or expulsion occurs during the first six months of that 12-month period, and
ii. for any period in the duration of the vocational program remaining after the last 12-month period referred to in subparagraph i has elapsed, the withdrawal or expulsion occurs in the first half of the period. O. Reg. 415/06, s. 27 (3).
(4)  If the student withdraws or is expelled from a vocational program within the first half of a period referred to in subsection (3), the amount of the refund that the private career college shall pay the student shall be equal to the full amount of the fees paid in respect of the program less,
(a) an amount that is equal to the lesser of 20 per cent of the full amount of the fees in respect of the program and $500; and
(b) the portion of the fees in respect of the portion of the period that had elapsed at the time of the withdrawal or expulsion. O. Reg. 415/06, s. 27 (4).
(5)  If the student withdraws or is expelled from a vocational program during the second half of a period referred to in subsection (3), the private career college is not required to pay the student any refund in respect of that period. O. Reg. 415/06, s. 27 (5).
(6)  A private career college shall refund the full amount of fees paid in respect of a period that had not yet commenced at the time of the withdrawal or expulsion. O. Reg. 415/06, s. 27 (6).
Partial refunds: distance education programs
28.  (1)  This section applies to a vocational program that is offered by mail, on the internet or by other similar means. O. Reg. 415/06, s. 28 (1).
(2)  A private career college shall give a student who commences a vocational program referred to in subsection (1) a refund of part of the fees paid in respect of the program if,
(a) the student withdraws from the program or the student is expelled from the program in circumstances where the expulsion is permitted under the private career college's expulsion policy; and
(b) at the time of the withdrawal or expulsion, the student has not submitted to the private career college all examinations that are required in order to complete the program. O. Reg. 415/06, s. 28 (2).
(3)  The amount of the refund that a private career college shall give a student under subsection (1) shall be determined in accordance with the following rules:
1. Determine the total number of segments in the vocational program for which an evaluation is required.
2. Of the total number of program segments determined under paragraph 1, determine the number of segments in respect of which an evaluation has been returned to the student.
3. The amount of the refund that the private career college shall pay the student shall be equal to the full amount of the fees paid in respect of the program less,
i. an amount that is equal to the lesser of 20 per cent of the full amount of the fees in respect of the program and $500, and
ii. the portion of the fees in respect of the number of segments determined under paragraph 2. O. Reg. 415/06, s. 28 (3).
(4)  A private career college is not required to give a student any refund if the student, at the time of withdrawal or expulsion, has been evaluated in respect of more than half of the total number of segments in the program. O. Reg. 415/06, s. 28 (4).
Partial refunds: non-continuous programs
29.  (1)  This section applies to a vocational program approved by the Superintendent to be provided through a fixed number of hours of instruction over an indeterminate period of time. O. Reg. 415/06, s. 29 (1).
(2)  A private career college shall give a student who commences a vocational program referred to in subsection (1) a refund of part of the fees paid in respect of the program if, before completing the required number of hours of instruction,
(a) the student has given the college notice that he or she is withdrawing from the program; or
(b) the student is expelled from the program in circumstances where the expulsion is permitted under the private career college's expulsion policy. O. Reg. 415/06, s. 29 (2).
(3)  The amount of the refund that a private career college shall give a student under subsection (1) shall be equal to the full amount of the fees paid in respect of the program less,
(a) an amount that is equal to the lesser of 20 per cent of the full amount of the fees in respect of the program and $500; and
(b) a portion of the fees in respect of the program that is proportional to the number of hours of instruction that have elapsed at the time of the withdrawal or expulsion. O. Reg. 415/06, s. 29 (3).
(4)  A private career college is not required to give a student any refund if the student, at the time of withdrawal or expulsion, has completed more than half of the required number of hours of instruction in a program. O. Reg. 415/06, s. 29 (4).
No retention of refund
30.  A private career college shall not retain, by way of deduction or set-off, any refund of fees payable to a student under sections 25 to 29 in order to recover an amount owed by the student in respect of any service or program other than a vocational program offered by the private career college. O. Reg. 415/06, s. 30.
Treatment of books and equipment
31.  In calculating a refund under sections 25 to 29, a private career college may retain the retail cost of books or equipment that the private career college supplied to the student if the student,
(a) fails to return the books or equipment to the private career college within 10 days of the student's withdrawal or expulsion from the program; or
(b) returns the books or equipment to the private career college within the 10-day period referred to clause (a), but fails to return it unopened or in the same state it was in when supplied. O. Reg. 415/06, s. 31.
Refund for international students
32.  A notice to a private career college that is provided by or on behalf of an international student or of a prospective international student and that states that the student has not been issued a temporary resident visa as a member of the student class under the Immigration and Refugee Protection Act (Canada) is deemed to be,
(a) notice of a rescission of the contract for the purposes of section 36 of the Act if the notice is given within two days of receiving a copy of the contract; and
(b) notice that the student is withdrawing from the program for the purposes of paragraph 1 of subsection 26 (1) or clause 29 (2) (a) if the notice is received on or before half of the duration of the program has elapsed. O. Reg. 415/06, s. 32.
Currency
33.  Any refund of fees that a private career college is required to pay under the Act shall be paid in Canadian dollars. O. Reg. 415/06, s. 33.
 

 
SEXUAL ASSAULT AND VIOLENCE POLICY
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.