1. Policy Application

The Policy applies to all career college students and employees of Petrel College of Technology (herein “Petrel College”).

2. The Scope

The Policy applies to all complaints of sexual violence involving students that occur on campus, during college-sanctioned events or activities, and in any context where the conduct has a real and substantial connection to the college or its community.

3. Purpose and Intent

All employees and students of the Petrel College community have a right to work and study in an environment that is free of sexual violence.

This policy outlines Petrel College’s commitment to providing a safe environment for students, defines sexual violence, identifies prohibited conduct, and explains the procedures for reporting, investigating, and responding to incidents of sexual violence. To set out the way in which we address sexual violence.

To ensure that those who are affected by sexual violence are believed and appropriately accommodated and that Petrel College has an investigative process that protects the rights of individuals and holds individuals who have committed an act of sexual violence accountable.

4. Policy Objectives

Petrel College is committed to providing our students and employees with a work and study environment free from sexual violence and treating those students who report incidents of sexual violence with dignity and respect.

To that end Petrel College will provide a copy of the policy to our students, and educate 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 has been made, under this Policy, of sexual violence Petrel College will take all reasonable steps to investigate it, including as follows:

1. (a) providing on-campus investigation procedures to students for sexual violence complaints;
2. (b) responding promptly to any complaint and providing reasonable updates to the complainant and the respondent about the status of the investigation;
3. (c) assisting students who have experienced sexual violence in obtaining counselling and medical care;
4. (d) providing students who have experienced sexual violence with appropriate academic and other accommodation; and
5. (e) providing students who have experienced sexual violence with information about reporting options as set out in Appendix 1.

A student is not required to report an incident of, or make a complaint about, sexual violence in order to obtain the supports and services referred to in clause (a) or the accommodations referred to in clause (c) above.

If a student, in good faith, reports an incident of, or makes a complaint about, sexual violence, they will not be subject to discipline or sanctions for violations of the career college’s policies relating to drug or alcohol use at the time the alleged sexual violence occurred.

5. 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.

6. Reporting and Responding to Sexual Violence

Students, faculty and staff of Petrel College will take all reasonable steps to prevent sexual violence involving our students, on campus, or at school related events, by reporting immediately to the Administration 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 which involves our students.

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.

Subject to paragraph 7 below, to the extent it is possible, Petrel College 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.

Petrel College recognizes the right of the complainant to determine how their complaint will be dealt with. However, in certain circumstances, Petrel College 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.

A complainant seeking accommodation should contact the Administration of Petrel College.

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 career college’s staff or investigators, including irrelevant questions relating to the student’s sexual expression or past sexual history.

A complainant has the right to withdraw a complaint at any stage of the process. However, Petrel 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. Petrel College may also continue to act when there is a threat to the safety of the Petrel College community.

7. Investigating Reports of Sexual Violence

A complaint of sexual violence may be filed under this Policy, by any member of Petrel College, to the Administration in writing.

A complainant may ask another person to be present during the investigation.

Upon a complaint of alleged sexual violence being made the Administration will initiate an investigation, including as follows:

1. (a) determining whether the incident should be referred immediately to police;
2. (b) determining what interim measures, if any, need to be taken during the investigation;
3. (c) 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;
4. (d) interviewing the complainant, any person involved in the incident and any identified witnesses;
5. (e) interviewing any other person who may have knowledge of incidents related to the complaint or any other similar incidents;
6. (f) informing the respondent of the complaint, providing details of the allegations and giving the respondent an opportunity to respond to those allegations;
7. (g) providing reasonable updates to the complainant and the respondent about the status of the investigation; and
8. (h) determining what disciplinary action, if any, should be taken.

Petrel College will inform the complainant(s) and respondent(s) of it’s investigation findings in writing.

The written decision summary will include a brief description of any corrective action that Petrel College has taken or will take as a result of its investigation.

8. Roles and responsibilities of the Petrel College community

While everyone has a role to play in responding to incidents of sexual violence, some employees and departments will have specific responsibilities upon becoming aware of incidents or complaints of sexual violence, that might include:

• Corporate Directors, Controlling Directors, Shareholders, Partners and other persons who manage or direct the affairs of Petrel College must provide supports to provide psychological and emotional support, assist with safety planning, and make referrals to other services, including medical services; facilitate academic accommodations and other needs; facilitate safe living arrangements to the best of their ability; assist with any incidents related to employees; and security and student conduct to assist with investigations and gathering evidence, to implement measures to reduce sexual violence on campus, and to collaborate with local police where appropriate.
• Students: To co-operate with any investigation.
• Instructors and other employees: to facilitate academic accommodation and other needs.

9. Appeal Process

A student who has been found to have engaged in prohibited conduct may request to have a disciplinary decision under this code overturned or changed by submitting a completed Request for Student Conduct Appeal form.

Students may only launch appeals on the following bases:

• a substantial procedural error was committed by the Student Conduct Office that has denied the student a fair outcome
• new evidence is available that, through no fault of the student, was not available at the time of the investigation
• the sanctions imposed by the Student Conduct Office are unreasonable or substantially disproportionate to the circumstances or offence.

A private, in-person hearing will take place in front of a Discipline Appeal Committee consisting of two staff members designated by Petrel College, and one non-voting student, to form a panel of three committee members hearing the appeal. All parties to the complaint will have an opportunity to present information to the committee on the day of the hearing and may be asked follow-up questions by the committee. The committee shall review documentation related to the previous decision and may seek information from other sources as it deems relevant.

A complainant will receive written notification of an appeal that explains the basis for the appeal, the procedure that will apply and any further details necessary for an expeditious and fair hearing.

An appellant may have a support person of their choosing in an advisory capacity present throughout the appeal proceeding.

The complainant and appellant have a right to a fair and expeditious hearing.

The decision of the appeal process shall be final and binding on all parties with no further right of appeal within Petrel College.

Petrel College shall maintain records of complaints and appeals for a period of 10 years.

There is no formal appeal process for employee violations.

10. Sexual Misconduct by Employees in relation to a student

“Sexual misconduct” means, in relation to a student enrolled at Petrel College.

• physical sexual relations with the student, touching of a sexual nature of the student or behaviour or remarks of a sexual nature toward the student by an employee of Petrel College where,
• the act constitutes an offence under the Criminal Code (Canada),
• the act infringes the right of the student under clause 7 (3) (a) of the Human Rights Code to be free from a sexual solicitation or advance, or
• the act constitutes sexual misconduct as defined in the career college’s employee sexual misconduct policy or contravenes the policy or any other policy, rule or other requirement of the career college respecting sexual relations between employees and students, or
• any conduct by an employee of the career college that infringes the right of the student under clause 7 (3) (b) of the Human Rights Code to be free from a reprisal or threat of reprisal for the rejection of a sexual solicitation or advance.

11. Disciplinary Measures for Employees

If an employee of Petrel College commits an act of sexual misconduct toward a student enrolled at Petrel College, Petrel College may discharge or discipline the employee for that act, and,

• the discharge or disciplinary measure is deemed to be for just cause for all purposes;
• the employee is not entitled to notice of termination or termination pay or any other compensation or restitution as a result of the discharge or disciplinary measure; and
• despite subsection 48 (17) of the Labour Relations Act, 1995, and despite any provision of a collective agreement or employment contract specifying a penalty for the infraction, no arbitrator, arbitration board or other adjudicator shall substitute any other penalty for the discharge or disciplinary measure imposed by Petrel College.

No Re-employment

If an employee of Petrel College commits an act of sexual misconduct toward a student enrolled at Petrel College and Petrel College discharges the employee for that act or the employee resigns from their employment, Petrel College shall not subsequently re-employ the employee.

If Petrel College determines that it has re-employed an individual guilty of sexual misconduct against a student, Petrel College shall discharge the employee immediately.

12. Disciplinary Measures for Students

If it is determined by Petrel College that a student of our career college has been involved in sexual violence, immediate disciplinary or corrective action will be taken up to and including expulsion of a student.

In cases where criminal proceedings are initiated, Petrel College 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 Petrel College may conduct its own independent investigation and make its own determination in accordance with its own policies and procedures.

13. Making False Statements

It is a violation of this Policy for anyone to knowingly make a false complaint of sexual violence or to provide false information about a complaint. Individuals who violate this Policy are subject to disciplinary and / or corrective action, up to and including termination of employment of instructors or staff or expulsion of a student.

14. Reprisal

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.

15. Review

This policy will be reviewed 3 years after it is first implemented.

16. Collection of Student Data

Petrel College shall collect and be prepared to provide upon request by the Superintendent of Career Colleges such data and information as required according to Subsections 32. 3 (8), (9) and (10) of Schedule 5 of the Career Colleges Act, 2005 as amended.

17. Confidentiality

All information will be kept confidential in accordance with applicable laws, unless disclosure is necessary to protect members of the community, or as required by law (e.g., imminent risk of harm, reporting to authorities).

18. Resources

Appendix 1 lists provincial rape crisis centres which could be provided as resources.

Appendix 1

Emergency Shelter

Yellow Brick House
905.727.1944

Barbra Schlifer Clinic Transitional Housing Support
416.323.9149 ext. 234

For child protection

Children’s Aid society of Toronto
416.924.4646

Canadian Association of Sexual Assault Centres Ontario
Provincial

English

Assaulted Women’s Helpline
Toll Free: 1-866-863-0511
#SAFE (#7233) on Bell, Rogers, Fido or Telus mobile TTY: 416-364-8762
www.awhl.org

Français

Fem’aide
Telephone toll-free: 1-877-336-2433 ATS: 1 866 860-7082
www.femaide.ca

Local

Hamilton

Sexual Assault Centre (Hamilton and Area) Crisis: (905) 525-4162
Office (905) 525-4573
TTY: 905-525-4592
www.sacha.ca

Sexual Assault/Domestic Violence Care Centre   

Toronto Region    

Women’s College Hospital 76 Grenville Street Toronto, Ontario, M5S 1B2 416-323-6040 https://www.womenscollegehospital.ca/care-programs/sexual-assault-domestic-violence-care-centresa-dccc/   

Scarborough Hospital – Birchmount Campus 3030 Birchmount Road Toronto, Ontario, M1W 3W3 416-495-2555 www.sacc.to  

The Hospital for Sick Children (SickKids) Suspected Child Abuse and Neglect (SCAN) Program 555 University Avenue Room 6427 Black Wing (416) 813-6275 (day time) (416) 813-7500 (24 Hours) www.sickkids.ca/scan