SEXUAL VIOLENCE POLICY
Type: Administrative
Responsibility: Management, Durham Truck & Forklift Driving School Ltd
Effective Date: January 01, 2017
Last Updated: October 17, 2023: 8. SEXUAL ASSAULT AND SEXUAL VIOLENCE PROTOCOL & SUPPORT
This Policy applies to: All members of the College community including: 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 Durham Truck & Forklift Driving School Ltd 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
In Durham Truck & Forklift Driving School Ltd 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. engaging in public education and prevention activities;
2.7. providing information to the College community about sexual violence on campus;
2.8. providing appropriate education and training to the College community about responding to the disclosure of sexual violence;
2.9. contributing to the creation of a campus atmosphere in which sexual violence is not tolerated; and,
2.10. 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.
3.4. If students, in good faith, report an incident of, or make a complaint about, sexual violence, they will not be subject to discipline or sanctions for violations of the private career college’s policies relating to drug or alcohol use at the time the alleged sexual violence occurred.
3.5. Students who disclose their experience of sexual violence through reporting an incident of, making a complaint about, or accessing supports and services for sexual violence, will not be asked irrelevant questions during the investigation process by the private career college’s staff or investigators, including irrelevant questions relating to the student’s sexual expression or past sexual history.
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.
4.4. Disciplinary Measures
If it is determined by Durham Truck and Forklift Driving School LTD that the respondent did engage in sexual violence, immediate disciplinary or corrective action will be taken. This may include:
- Disciplinary action up to and including termination of employment of instructors or staff: or
- Expulsion of a student; and/or
- The placement of certain restrictions on the Respondents ability to access certain premises or facilities; and/or
- Any other actions that may be appropriate in the circumstances.
4.5. Appeal
Should the complainant or respondent not agree with the decision resulting from the investigation, he or she may appeal the decision to the campus within three business days by submitting a letter addressed to the head office advising of the person’s intent to appeal the decision.
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 behavior from any unwanted touching to penetration. Sexual assault is characterized by a broad range of behavior 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 behavior, 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. does not agree 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;
- the agreement is expressed by the words or conduct of a person other than the complainant;
- the complainant is incapable of consenting to the activity;
- the accused induces the complainant to engage in the activity by abusing a position of trust, power or authority;
- the complainant expresses, by words or conduct, a lack of agreement to engage in the activity; or
- 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 behavior 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 behaviors 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.
7. Cross References to Other Policies and/or Legal Requirements
The Student’s Handbook
The Criminal Code R.S.C., 1985 c. C-46,
The Ontario Human Rights Code
Ontario Network of Sexual Assault/Domestic Violence Treatment Centers
76 Grenville Street, Toronto, ON M5S 1B2, Tel. (416) 323-7327
8. SEXUAL ASSAULT AND SEXUAL VIOLENCE PROTOCOL & SUPPORT
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.
If you Have Experienced Sexual Violence, please see the following support options:
Students can seek support or information from the following sources:
- Iwona Hakimi, Director, at 905-492-7500 or any Manager or Instructor
- 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