Sexual Violence Policy

Policy Number

027

Policy Name

Sexual Violence Policy

Date Approved

Dec. 14, 2016

By

Carlos A. Carvalho

Date Effective

December 31, 2016

Manuals

Student Handbook

Scheduled Review Date

January 31, 2025

 

Record of Policy Changes

Date

Approved by

Information Changed

Jan 2, 2020

Sean Grant

Updated contact information in the questions section of the document

Feb 28, 2022

Sean Grant

Added sections 5.2 and 11.3. Reviewed the policy and no other changes are required at this time

2023-12-18

Dr. Amanda Harris

Changed all references to private career colleges to career colleges, the Private Career Colleges Act, 2005 to the Ontario Career Colleges Act, 2005, and the Superintendent of Private Career Colleges to the Superintendent of Career Colleges.

October 30, 2024

Sean Grant

Updated Appendix A – List of resources

1. Purpose

  • This document sets out our policy on sexual violence, defines the prohibited behaviours, and outlines our investigative processes for sexual violence.

2. Scope

  • This policy applies to all students and guests of Modern College of Hairstyling and Esthetics as well as any contract workers that perform work for Modern College of Hairstyling and Esthetics.
  • The policy applies to all complaints of sexual violence that have occurred at a Modern College of Hairstyling and Esthetics campus or at a Modern College of Hairstyling and Esthetics event and involve members of the career college community as defined in the previous paragraph.

3. Policy Statement

  • All members of Modern College of Hairstyling and Esthetics have a right to study and work in an environment free of sexual violence. The college is committed to providing members of our college community an educational environment free from sexual violence and treating those individuals who report incidents of sexual violence with dignity and respect.
  • To that end Modern College of Hairstyling and Esthetics will educate and train faculty, staff and students about this policy and how to identify situations that involve, or could progress into, sexual violence and how to reduce these forms of prohibited behaviours.

4. Definitions and Acronyms

Workplace

Any land, premises, location, social media outlets, or thing at, upon, in or near where a worker works.

Sexual Misconduct

Sexual Misconduct includes sexual violence and sexual harassment.

Sexual Harassment

Without limiting the generality of the foregoing, includes;

Any course of vexatious comment or conduct of a sexual nature that is known or ought reasonably to have been known to be unwelcome including:

offensive jokes or comments of a sexual nature;

displaying of pornographic or sexist pictures or material, including online;

suggestive or offensive remarks;

unwelcome language related to gender;

remarks, jokes, innuendoes, propositions, or taunting about a person’s body, attire, sex or sexual orientation;

bragging about sexual prowess;

physical contact such as touching, patting, or pinching with and underlying sexual connotation; and

sexual solicitation or advance made by a person in a position to confer, grant or deny a benefit or advancement to the person where the person making the solicitation or advance knows or ought reasonably to know that it is unwelcome.

Sexual Violence

Without limiting the generality of the foregoing includes;

sexual assault, which is any type of an unwanted sex act done by one person to another, without that person’s consent, that violates the sexual integrity of an individual ranging from unwanted touching to penetration;

any violence, physical or psychological, carried out through sexual means or act targeting a person’s sexuality, gender identity or gender expression including;

sexual abuse, criminal harassment, stalking, indecent exposure, sexual exploitation and cyber bullying.

Complainant

The person making an allegation will be referred to as the complainant

Respondent

The person accused of engaging in sexual violence will be referred to as the respondent

 

5. Responsibilities

5.1. The College

  • Modern College of Hairstyling and Esthetics is responsible to provide adequate training to everyone that is part of the college community and to outline the proper procedures required to address any situation that could contain sexual violence.
  • The Sexual Violence Policy shall be published on our website, placed on our Occupational Health and Safety Boards, and a copy of the policy will be provided to anyone who requests it.
  • Modern College of Hairstyling and Esthetics will also consider student input in the development of the policy and will review it once every three years, at a minimum, again considering input from students.
  • Modern will also include the policy in every student enrolment contract, and keep a record on:
    • the number of times supports, services, and accommodations relating to sexual violence are requested and obtained by students;
    • any initiatives established to promote awareness of the services and supports available to students;
    • the number of incidents and complaints of sexual violence reported by students, and information about such incidents and complaints; and
    • the implementation and effectiveness of the policy
  • Where a complaint has been made, under this policy, the College will take all reasonable steps to investigate it, including as follows:
    • responding promptly to any complaint and providing reasonable updates to the complainant and the respondent about the status of the investigations;
    • assisting those who have experienced sexual violence or sexual harassment in obtaining counselling and medical care;
    • providing those who have experience sexual violence or sexual harassment with appropriate academic and other accommodation;
    • providing those who have experienced sexual violence or sexual harassment with information about reporting options; and
    • providing on-campus investigation procedures for sexual violence complaints.

5.2. Instructors

  • The instructors will take all reasonable steps to prevent sexual violence and sexual harassment on campus or at college events and will report immediately to the Campus Director or Sean Grant, designate for this policy, if they are subject to, witness, or have knowledge of sexual violence, or have reason to believe that sexual violence has occurred or may occur.

5.3. Students

  • The students are responsible to maintain a safe and healthy campus community by refraining from all activities defined under sexual violence. They also have a responsibility to report immediately to their Campus Director or Sean Grant, designate for this policy, if they are subject to, witness or have knowledge of sexual violence, or have reason to believe that sexual violence or sexual harassment has occurred or may occur.
  • 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 o the student’s sexual expression or past sexual history.
  • Students who have been affected by Sexual Violence or who need information about support services should contact Sean Grant, designate for this policy.

6. Reporting and Responding to Sexual Violence

  • All members of Modern College of Hairstyling and Esthetics community will take all reasonable steps to prevent sexual violence on our campus or events of the campus and report immediately to their instructor, Campus Director or Sean Grant, designate for this policy, if they are subject to, witness or have knowledge of sexual violence, or have reason to believe that sexual violence has occurred or may occur.
  • To the extent it is possible, Sean Grant, designate for this policy, will attempt to keep all information disclosed confidential except in those circumstances they believe an individual is at imminent risk of self-harm, or of harming another, or there are reasonable grounds to believe that other in the career community are at risk. This will be done by:
    • ensuring that all complaints/reports and information gathered as a result of the complaint/reports will only be available to those who need to know for the purposes of investigation, implementing safety measures, and other circumstances that arise from any given case; and
    • ensuring that the documentation is kept in a separate file from that of the complainant, student or the respondent
  • Modern College of Hairstyling and Esthetics recognizes the right of the complainant to determine whether his or her complaint will be dealt with by the police and/or Modern College of Hairstyling and Esthetics. However, in certain circumstances, Modern College of Hairstyling and Esthetics may be required by law or our internal policies to initial an internal investigation and/or inform police without the complainant’s consent, if it believes the safety of members of its career college community is at risk.
  • In all cases Modern College of Hairstyling and Esthetics will appropriately accommodate the needs of its students who are affected by sexual violence. Students seeking accommodation should contact Sean Grant, designate for this policy.
  • In this regard, Modern College of Hairstyling and Esthetics will assist students who have experienced sexual violence in obtaining counselling and medical care, and provide them with information about sexual violence supports and services available in the community as set out in Appendix 1, attached hereto. Students are not required to file a formal complaint in order to access supports and services.

7. Investigating Reports of Sexual Violence

  • A complaint of sexual violence may be filed under this Policy, by any member of our career college community, to Sean Grant, designate for this policy, in writing. The other official, offices or departments that will be involved in the investigation are:
    • Campus Director, Member of the Academics Department – Head Office Alternate
  • Upon receipt of a report of an incident, or a complaint of alleged sexual violence being made Sean Grant, designate for this policy, will respond promptly and:
    • determine whether an investigation should proceed and if the complainant wishes to participate in an investigation;
    • Determine who should conduct the investigation having regard to the seriousness of the allegation and the parties involved;
    • Determine whether the incident should be referred immediately to the police;
      In such cases or where civil proceedings are commenced in respect of allegations of sexual violence, Modern College of Hairstyling and Esthetics may conduct its own independent investigation and make its own determination in accordance with its own policies and procedures; and
    • determine what interim measure ought to be put in place pending the investigation process such as removal of the respondent or seeking alternate methods of providing necessary course studies.
  • Once an investigation is initiated, the following will occur;
    • the complainant and the respondent will be advised that they may ask another person to be present throughout the investigation;
    • an interview will be conducted with the complainant to ensure a complete understanding of the allegation and to gather additional information that may not have been included in the written complaint, such as 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;
    • informing and interviewing the respondent of the complaint, providing details of the allegations and giving the respondent an opportunity to respond to those allegations and to provide any witnesses the respondent feels are essential to the investigation;
    • interviewing any person involved or who has, or may have, knowledge of the incident and any identified witnesses;
    • providing reasonable updates to the complainant and the respondent about the status of the investigation; and
  • following the investigation, Sean Grant, designate for this policy, will:
    • review all of the evidence collected during the investigation;
    • determine whether sexual violence occurred; and if so
    • determine what disciplinary action, if any, should be taken as set out in Section 8 of this policy

8. Disciplinary Measures

  • If it is determined by Modern College of Hairstyling and Esthetics that a member of our career college community has been involved 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 respondent’s ability to access certain premises or facilities; and/or
    • any other actions that may be appropriate in the circumstances.
  • In cases where criminal proceedings are initiated, Modern College of Hairstyling and Esthetics will assist police agencies, lawyers, insurance companies, and courts to the fullest extent.
  • Where criminal and/or civil proceedings are commenced in respect to allegations of sexual violence or sexual harassment, Modern College of Hairstyling and Esthetics may conduct its own independent investigation and make its own determination in accordance with its own policies and procedures.

9. Appeal

  • Should the complainant or the respondent not agree with the decision resulting from the investigation, he or she may appeal the decision to the Academics Department, within seven calendar days by submitting a letter addressed to The Academics Department advising of the person’s intent to appeal the decision.
  • The letter should be sent to;

Academics Department – Appeals
                1495 Seymour Street Unit 10
                North Bay, Ontario, P1A 1C5

10. Making False Statements

  • It is a violation of this policy for anyone to knowingly make a false complaint of sexual violence or sexual harassment 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.

11. Reprisal

  • It is a violation of this policy to retaliate or threaten to retaliate against a complainant, acting in good faith, who has brought forward a complaint of sexual violence or sexual harassment, provided information related to a complaint, or otherwise been involved in the complaint investigation process.
  • Individuals who violate the Sexual Violence 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.
  • 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

12. Review

  • Modern College of Hairstyling and Esthetics will ensure that student input is considered in the development of its Sexual Violence Policy at each time it is reviewed or amended.
  • Modern College of Hairstyling and Esthetics shall review its Sexual Violence Policy three years after it is first implemented and amend it where appropriate. The next date of review is January 31, 2025.

13. Collection of Student Data

  • Modern College of Hairstyling and Esthetics 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 Ontario Career Colleges Act, 2005 as amended.

References

Occupational Health and Safety Act

Ontario Career Colleges Act, 2005

Student Handbook

Questions

For any questions or concerns about this policy or anything outlined in the body of the policy, a written request can be sent to your campus director or the designate of this policy.

Appendix A

The following represents a list of Provincial Rape Crisis Centres that could be provided as resources:

 

Canadian Association of Sexual Assault Centres, Ontario Coalition of Rape Crisis 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

Sexual Assault/Domestic Violence Treatment Centres
35 hospital-based centres that provide 24/7 emergency care to women. To locate the Sexual Assault/Domestic Violence Treatment Centre nearest you, head to www.satcontario.com

Local
Alliston, Barrie, Collingwood, Midland and Orillia
Huronia Transition Homes operates La Maison Rosewood Shelter (Midland) & Athena’s Sexual Assault Counselling and Advocacy Centre

24-Hour Crisis Line:
Barrie: (705) 737-2008 or 1 (800) 987-0799
Midland: (705) 526-4211 or 1 (800) 461-175
Office: (705) 526-3221
www.huroniatransitionhomes.ca

Belleville
Sexual Assault Centre for Quinte and District
Toll-Free: 1 (877) 544-6424
Office: (613) 967-6300
www.sacqd.com

Bracebridge
Muskoka/Parry Sound Sexual Assault Services
Parry Sound District Office
Office: (705) 774-9083 or 1 (877) 851-6662

Muskoka District Office
Crisis: (800) 461-2929

Office: (705) 646-2122 or 1 (877) 406-1268
https://www.mpssas.org/

Brantford
Sexual Assault Centre of Brantford
Crisis Line: (519) 751-3471
Office: (519) 751-1164
[email protected]
http://sacbrant.ca/

Brockville
Assault Response & Care Centre
Office: (613) 345-3881 or 1 (800) 567-7415
[email protected]
www.arc-c.ca

Chatham
Chatham-Kent Sexual Assault Crisis Centre
24-Hour Crisis Line: (519) 354-8688
Office/TTY: (519) 354-8908
http://cksacc.org/

Cornwall
Sexual Assault Support Services for Women
Crisis Line: (613) 932-1603

Office: (613) 932-1755
http://sassforwomen.ca/

Akwasasne Family Violence Program
24-Hour Crisis Line: 1 (800) 480-4208
Phone: (613) 937-4322

Durham Region
Durham Rape Crisis Centre
Crisis Line: (905) 668-9200
Office: (905) 444-9672
[email protected]
www.drcc.ca

 

Eganville
Women’s Sexual Assault Centre of Renfrew County
24-Hour Crisis Line: 1 (800) 663-3060
Office: (613) 735-5551

Guelph
Guelph-Wellington Women in Crisis
Crisis Line: 1 (800) 265-7233
Office: (519) 836-1110
www.gwwomenincrisis.org

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

Kenora
Kenora Sexual Assault Centre
Crisis Line: (807) 468-7233 or 1 (800) 565-6161
Office: (807) 468-7958

Kingston
Sexual Assault Centre Kingston
Crisis Line: (613) 544-6424 or 1 (877) 544-6424
Office: (613) 545-0762
Email: [email protected]
Website: www.sackingston.com

Kitchener-Waterloo
Sexual Assault Support Centre of Waterloo Region
Crisis Line: (519) 741-8633
Office: (519) 571-0121
Email: [email protected]
Website: www.sascwr.org

London
Sexual Assault Centre London
Crisis Line: (519) 438-2272
Office (519) 439-0844
TTY: (519) 439-0690
Email: [email protected]
Website: www.sacl.ca

London Abused Women’s Centre
Office: (519) 432-2204
Email: [email protected]
Website: http://lawc.on.ca/

London Anova

Crisis and Support Line: (519) 642-3000 or 1 (800) 265-1576
Website: www.anovafuture.org

 

Peel Region
Hope 24/7 (Formerly the Sexual Assault/Rape Crisis Centre of Peel)
Crisis Line: 1 (800) 810-0180
Office: (905) 792-0821
Website: www.hope247.ca

Newmarket
Women’s Support Network of York Region
Crisis: 1 (800) 263-6734 or (905) 895-6734
Office: (905) 895-3646
Website: www.womenssupportnetwork.ca

North Bay
Amelia Rising Women’s Sexual Assault Centre of Nipissing/Centre D’aggressions Sexuelles de Nipissing
Crisis Line: (705) 476-3355
Office: (705) 840-2403
TTY: (705) 840-5877
Email: [email protected]
Website: www.ameliarising.ca

Oakville
Sexual Assault & Violence Intervention Services of Halton
Crisis Line: (905) 875-1555 or 1 (877) 268-8416
Office: (905) 825-3622
Website: www.savisofhalton.org

Orangeville
Family Transition Place
Crisis Line: 1 (800) 265-9178
Office: (519) 942-4122
Website: www.familytransitionplace.ca

Ottawa
Sexual Assault Support Centre
Crisis Line: (613) 234-2266
Phone: (613) 725-2160
TTY: (613) 725-1657
Email: [email protected]
Website: http://sascottawa.com

Ottawa Rape Crisis Centre
Crisis Line: (613) 562-2333
Office: (613) 562-2334
Website: http://orcc.net/

Peterborough & Kawarthas
Kawartha Sexual Assault Centre
Crisis Line: (705) 741- 0260 or 1 (866) 298-7778
Office/TTY: (705) 741-0260 or (705) 748-5901
Website: www.kawarthasexualassaultcentre.com

YWCA Peterborough Haliburton
Crisis Line: 1 (800) 461-7656

TTY: (705) 991-0110
Office: (705) 743-3526 x 130
Website: www.ywcapeterborough.org

Sault Ste. Marie
Women in Crisis (Algoma) Inc.
Crisis Line: 705-759-1230 or 1-877-759-1230

Office: (705) 759-1230
Website: www.womenincrisis.ca

Sarnia-Lambton
Sexual Assault Survivors Centre Sarnia-Lambton
Crisis Line: (519) 337-3320 or 1 (888) 231-0536
Office: (519) 337-3154
Website: www.sexualassaultsarnia.on.ca

Simcoe
Haldimand & Norfolk Women’s Service
Crisis Line: 1 (800) 265-8076
TTY: 1 (800) 815-6419
Office: (519) 805-8188
Email: [email protected]
Website: www.hnws.on.ca

St. Catherines
Niagara Region Sexual Assault Centre
Crisis Line: (905) 682-4584
Office: (905) 682-7258
Email: [email protected]
Website: www.niagarasexualassaultcentre.com

Thunder Bay

Sexual Abuse Centre Thunder Bay
Crisis Line: (807) 344-4502

Office: (807) 344-0894 or 1 (866) 311-5927
Email: [email protected]
Website: www.tbsasa.org

Timmins and Area Women in Crisis
Crisis Line: 1 (877) 268-8380 (Sexual assault)
Crisis Line: 1 (855) 827-7233 (Shelter)
Office: (705) 268-8381
Email: [email protected]
Website: http://www.tawc.ca/

Toronto
Oasis Centre des Femmes
Téléphone : (416) 591-6565
Courriel : [email protected]
Website: www.oasisfemmes.org/

Toronto Rape Crisis Centre: Multicultural Women Against Rape
Crisis Line: (416) 597-8808
Office: (416) 597-1171
Email: [email protected] or [email protected]
Website: www.trccmwar.ca

Windsor
Sexual Assault Crisis Centre of Essex County
Crisis Line: (519) 253-9667

Office: (519) 253-3100
Website: http://www.ocrcc.ca/

Woodstock
Domestic Abuse Services Oxford
Crisis Line: (519) 539-4811 or 1 (800) 265-1938

TTY: (519) 788-9993
Email: [email protected]
Website: www.daso.ca