Sexual Violence and Harassment Policy
Scope
Durham Truck & Forklift Driving School Ltd. is committed to providing our students with an educational environment free from sexual violence and treating those students who report incidents of sexual violence with dignity and respect.
Purpose and Intent
The students of Durham Truck & Forklift Driving School Ltd. have the right to study in an environment free of sexual violence.
This document sets out our policy on sexual violence involving our students, defines the prohibited behaviours, and outlines our investigative processes for sexual violence. This policy applies to complaints of sexual violence involving our students - at the campus of Durham Truck & Forklift Driving School Ltd. or at a one of our events.
Definition of Sexual Violence
This policy prohibits sexual violence which means any sexual act or act targeting a person’s sexuality, gender identity or gender expression whether the act is physical or psychological in nature, that is committed, threatened, or attempted against a person without the person’s consent, and includes sexual assault, sexual harassment, stalking, indecent exposure, voyeurism, and sexual exploitation.
Policy Objectives
Durham Truck & Forklift Driving School Ltd. provides this copy of the policy to our students, and educates them together with our career college management, employees, and contractors about this policy and how to identify situations that involve or could progress into sexual violence against our students and how to reduce it.
Where a complaint of sexual violence has been made, under this policy, Durham Truck & Forklift Driving School Ltd. will take all reasonable steps to investigate it, including the following:
- providing on-campus investigation procedures to students for sexual violence complaints ▪ responding promptly to any complaint and providing reasonable updates to the complainant and the respondent about the status of the investigation
- assisting students who have experienced sexual violence in obtaining counseling and medical care ▪ providing students who have experienced sexual violence with appropriate academic and other accommodation
- providing students who have experienced sexual violence with information about reporting options
It is the responsibility of the corporate directors, controlling shareholders, owners, partners, other persons who manage or direct the affairs of Durham Truck & Forklift Driving School Ltd., agents, students, instructors, and other employees to report any sexual violence upon becoming aware of incidents or complaints of sexual violence.
Reporting and Responding to Sexual Violence
Students and staff of Durham Truck & Forklift Driving School Ltd. will take all reasonable steps to prevent sexual violence on our career college campus or events by reporting immediately to an Instructor or Manager if our students have been subject to, or they have witnessed or have knowledge of sexual violence involving our students or have reason to believe that sexual violence has occurred or may occur involving our students.
Durham Truck & Forklift Driving School Ltd., to the extent it is possible, will investigate all reports of sexual violence. Durham Truck & Forklift Driving School Ltd. will attempt to keep all information disclosed confidential except in those circumstances it believes an individual is at imminent risk of self-harm, or of harming another, or there are reasonable grounds to believe that others on our campus or the broader community are at risk.
Durham Truck & Forklift Driving School Ltd. acknowledges that the victim may choose not to request an investigation by the college and that a victim has the right not to participate in any investigation that may occur. However, in certain circumstances, Durham Truck & Forklift Driving School Ltd. may be required by law or its internal policies to initiate an internal investigation and/or inform police without the complainant’s consent, if it believes the safety of members of its campus or the broader community is at risk. Anyone involved in the investigation may ask another person to be present during every stage of the process.
A student, acting in good faith, who discloses or reports an incident of, or makes a complaint about, sexual violence, will not be subject to discipline or sanctions for violations of the institution’s policies related to drug and alcohol use at the time the sexual violence took place.
During the institution’s investigative process, students who share their experience of sexual violence through disclosing, accessing support, and/or reporting to the college, will not be asked irrelevant questions from institution’s staff or investigators, such as those relating to past sexual history or sexual expression.
It is a violation of this policy to retaliate or threaten to retaliate against a complainant who has brought forward a complaint of sexual violence, provided information related to a complaint, or otherwise been involved in the complaint investigation process.
Accommodations
Durham Truck & Forklift Driving School Ltd. will make accommodations to meet the needs of any student effected by sexual violence. The student must contact Iwona Hakimi or a representative of our management team to begin the process. Students are not required to submit a complaint or formal report of a sexual violence incident to request accommodations.
Durham Truck & Forklift Driving School Ltd. will determine an appropriate accommodation on a case-by-case basis at no cost to the student.
Investigating Reports of Sexual Violence
A complaint of sexual violence may be filed under this policy, by any student of Durham Truck & Forklift Driving School Ltd, to Iwona Hakimi, Director, in person or by emailing info@durhamtrucktraining.com. A management representative of the college will be involved in each stage of an investigation and decision-making process.
Upon a complaint of alleged sexual violence being made Durham Truck & Forklift Driving School Ltd. will initiate an investigation, including the following:
- meeting with the complainant to determine the date and time of the incident, the persons involved, the names of any person who witnessed the incident and a complete description of what occurred
- determining whether the incident should be referred immediately to police
- determining what interim measures, if any, need to be taken during the investigation (for example: remote classroom)
- interviewing the complainant, any person involved in the incident and any identified witnesses
- interviewing any other person who may have knowledge of incidents related to the complaint or any other similar incidents
- informing the respondent of the complaint, providing details of the allegations, and giving the respondent an opportunity to respond to those allegations
- providing reasonable updates to the complainant and the respondent about the status of the investigation
- determining what disciplinary action, if any, should be taken
Sexual Violence and Harassment Policy
To ensure procedural fairness Durham Truck & Forklift Driving School Ltd. will include the following elements in any investigation and its decision-making process:
- Processing without undue delay
- The right to fair and impartial decision-making
- The Complainant’s right to be heard
Disciplinary Measures
If it is determined by Durham Truck & Forklift Driving School Ltd. that a student of our college has been involved in sexual violence, immediate disciplinary or corrective action will be taken up to and including termination of employment of instructors or staff or expulsion of a student.
In cases where criminal proceedings are initiated, Durham Truck & Forklift Driving School Ltd. will assist police agencies, lawyers, insurance companies, and courts to the fullest extent.
Where criminal and/or civil proceedings are commenced in respect of allegations of sexual violence Durham Truck & Forklift Driving School Ltd. may conduct its own independent investigation and make its own determination in accordance with its own policies and procedures.
Appeals
Should the Complainant or the Respondent not agree with the decision resulting from the investigation, he or she may appeal the decision to the owner of Durham Truck & Forklift Driving School Ltd. within ten days by submitting a letter addressed to the owner advising of the person’s intent to appeal the decision.
Community and Career College Support
Students can seek support or information from the following sources:
- Iwona Hakimi, Director, in person or by emailing info@durhamtrucktraining.com
- Any Manager or Instructor at Durham Truck & Forklift Driving School Ltd.
- Support Services for Male Survivors of Sexual Violence:
- 1-866-887-0015
- Assaulted Women’s Helpline
- 1-866-863-0511
- #SAFE (#7233) on Bell, Rogers, Fido or Telus mobile
- Durham Region Domestic Violence / Sexual Assault Care Centre
- Office: 905-576-8711 ext 33286
- Counselling Services: 905-576-8811 ext 32328
Policy Review
This policy is reviewed every three years, at the time of review input from students will be taken into consideration. This policy will be reviewed again in January 2024.