«Sexual Assault and Sexual Violence Policy and Protocol Page 1 Sexual Assault and Sexual Violence Policy and Protocol Category: Human Resources / ...»
Sexual Assault and Sexual Violence Policy and Protocol Page 1
Sexual Assault and Sexual Violence Policy and Protocol
Category: Human Resources / Human Rights
Policy Number: ### (to be assigned by Academic Excellence)
Responsible Authority: Diversity, Equity & Human Rights Services Approval Authority: Office of the President Date of Original Policy Approval: 2005-02-25 Last Reviewed: 2015-03-31 Mandatory Review Date: 2018-03-31 CONTENTS Sexual Assault and Sexual Violence Policy and Protocol
PRINCIPLES GOVERNING THIS POLICY
INITIATING A COMPLAINT RESOLUTION PROCESS
CROSS REFERENCES to OTHER POLICIES and/or LEGAL REQUIREMENTS
APPENDIX I, OTHER RESOURCES
APPENDIX II, Sexual Assault Centres (Ontario) AND SERVICES IN TORONTO
APPENDIX III, FORMAL COMPLAINT RESOLUTION PROCESS (GBC HUMAN RIGHTST DISCRMINIATION ANDHARASSMENT POLICY
Sexual Assault and Sexual Violence Policy and Protocol Page 2 PURPOSE Purpose and Intent of the Policy All members of the George Brown College community have a right to work and study in an environment that is free from any form of sexual violence. This policy and protocol sets out the way in which we address sexual violence. It ensures that those affected by sexual violence are believed and appropriately accommodated and ensures that the College has a process of investigation that protects the rights of individucals and holds individuals who have committed an act of sexual violence accountable.
SCOPE 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.
POLICY Sexual assault and sexual violence in all its forms are unacceptable and will not be tolerated at George Brown College. All reported incidents of sexual violence will be appropriately investigated to the best of the administration’s ability and in a manner that is fair and equitable. Sexual violence is pervasive and affects most members of society, directly or indirectly, and has significant social and individual consequences. 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 are committed to challenging and preventing sexual violence by: creating a safe space for anyone in our College community who has been affected bysexual violence and in keeping with our core value of being a learning community, by raising awareness of sexual and gender violence as a social problem. George Brown College is committed to creating a safe and positive space where all members of the College community feel able to work, learn and express themselves in an environment free from sexual and gender-based violence.
In accordance with Bill 132, Sexual Violence and Harassment Action Plan Act, 2016 this policy will be reviewed and amended at least once every three years and shall ensure that student input is considered. Furthermore,
in accordance with the Act, the college will collect data and other information relating to the following:
The number of times support services and accommodation relating to sexual violence were requested and obtained by students.
Information about the support services and accommodation.
Any initiatives and programs established by our college to promote awareness of the supports and services available to students.
The number of incidences and complaints and the implementation and effectiveness of this policy.
The college will take the necessary measures to ensure information provided to the Ministry does not disclose personal information with the meaning of section 38 of the Freedom of Information and Protection of Privacy Act.
We are committed to:
Assisting those who have been affected by sexual violence by providing choices, including detailed information and support, such as provision of and/or referral to counselling and medical care, information about legal options, and appropriate academic and other accommodation.
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.
Addressing harmful attitudes and behaviours (e.g., adhering to myths of sexual violence) that reinforce that the person who are affecgted by sexual violence is somehow to blame for what happened.
Treating individuals who disclose sexual violence with compassion, recognizing that they are the final decision-makers about their own best interests.
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.
Engaging in appropriate procedures for investigation and adjudication of a complaint which are in accordance with College policies, standards and applicable collective agreements, and that ensure fairness and due process.
Ensuring co-ordination and communication among the various departments who are most likely to be involved in the response to sexual violence on campus.
Engaging in public education and prevention activities.
Providing information to the College community about our sexual violence policies and protocols.
Sexual Assault and Sexual Violence Policy and Protocol Page 8 Providing appropriate education and training to the College community about responding to the disclosure of sexual violence.
Contributing to the creation of a campus atmosphere in which sexual violence is not tolerated.
Monitoring and updating our policies and protocols to ensure that they remain effective and in-line with other existing policies and best practices.
PRINCIPLES GOVERNING THIS POLICY
1.0 General Information Members of the College community should immediately report sexual and gender-based 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 been affected by sexual violence are encouraged to come forward to report as soon as they are able to do so to the Diversity, Equity and Human Rights Services office.
Managers, decision makers, supervisors and those who have significant responsibility for guiding students and employees, shall take immediate action to respond to or to prevent sexual violence from occurring, and make the appropriate referral to Diversity, Equity and Human Rights Services office.
Where the College becomes aware, or should be reasonably 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 of 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.
2.0 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 obligation under this Policy and/or its legal obligations.
Not reporting an incident A complainant is not required to report an incident, or make a complaint in order to obtain the supports, services and accommodations referred to in this policy. The complainant will notify the Sexual Resonse Violence Advisor that they wish not to pursue a formal complaint under this policy.
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.
Having been associated with someone who has pursued rights under this Policy or the Ontario Human Rights Code.
Sexual Assault and Sexual Violence Policy and Protocol Page 9 The College takes reasonable steps to protect persons from reprisals, retaliation and threats. This may entail, for example, advising individuals in writing of their duty to refraim from committing a reprisal and sactioning individuals for a breach of this duty. The College may also address the potential for reprisals by providing an accommodation appropriate in the circumstances.
Unsubstantiated or Vexatious 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.
Disclosures or complaints that are found following an investigation to be frivolous, vexatious or bad faith complaints, that is, are made to purposely annoy, embarrass or harm the respondent, are considered frivolous, vexatious, or bad faith complaints and may result in sanctions and/or discipline against the complainant.
3.0 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 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.
1. IF YOU HAVE EXPERIENCED OR HAVE BEEN AFFECTED BY SEXUAL VIOLENCEGo to a Safe Place Find a trusted friend or colleague or speak with a counsellor in the Counselling Department, found at all three campuses.
If you live in residence speak to your residence advisor, who will support you and arrange counselling if requested.
Call the Toronto Rape Crisis Centre/ Multicultural Women Against Rape 416-597-8800.
Go to or Call the Sexual Assault/ Domestic Violence Care Centre Women’s College Hospital- 416-323-6040.
Call the Toronto Police Services Division closest to you.
2. IF SOMEONE IS REPORTIG AN INCIDENT TO YOUAs a member of George Brown College you may be the first person to whom a survivor discloses about an act of sexual assault or sexual violence. If you require support during this time you may contact the College’s Sexual Violence Response Advisor in the Diversity, Equity and Human Rights Services office, Sexual Assault and Sexual Violence Policy and Protocol Page 10 who will provide the guidance and information you may need. As the person hearing the disclosure you should not go beyond your own comfort level or expertise when responding to a disclosure. It is important to be supportive while referring survivors to the right person who can provide the help they need. You also need to know that receiving a disclosure can, itself, be traumatic and that supports are available to help you cope.
Students may access support through the college’s Counselling Services,http:www.georgebrown.ca/current_students/counselling/. Employees, may access the Employee Assistance Program (1-800-387-4765) or Human Resources Office for support.
If a student or employee reports to you an incident of sexual assault or sexual violence you will immediately assess the situation and if you think the student or employee is at risk, you will contact Public Safety & Security services immediately and contact the Sexual Violence Response Advisor. Public Safety & Security services will provide an immediate response to safety concerns.
If the person reporting is a student, they should be informed that they can access counselling services. These services are provided on all three campuses. If the person reporting is an employee, they should be informed they can access counselling through the college’s employee assistance program.
If you are an employee who does not have access to the college’s employee assistance program, and have been affected by sexual violence, please refer to Appendix II for a list of the community support services.
If the student is in the George Brown College residence you will escort the student to the Residence Advisor who will follow the residence protocol for sexual assault; arrange for counselling at one of the campuses, if requested, and inform a Sexual Violence Response Advisor of the report.