Sexual Violence Policy

1. Sexual Violence Policy

1. Institute of Technical Trades is committed to providing its students with an educational environment free from sexual violence and treating its students who report incidents of sexual violence with dignity and respect.
2. Institute of Technical Trades has adopted this Sexual Violence Policy which defines sexual violence and outlines its training, reporting, investigative and disciplinary responses to complaints of sexual violence.
3. The person accused will be referred to as the "Respondent" and the person making the allegation as the "Complainant".

2. Definition of Sexual Violence

Sexual violence means any sexual act or act targeting a person's sexuality, gender identity or gender expression, whether physical or psychological, committed, threatened or attempted against a person without consent. This includes, but is not limited to:

• Sexual assault — any type of unwanted sexual act done by one person to another that violates the sexual integrity of the victim, ranging from unwanted touching to penetration.
• Sexual harassment — a course of vexatious comment or conduct against a person because of sex, sexual orientation, gender identity or gender expression, where the course of comment or conduct is known or ought to be known to be unwelcome.
• Stalking — engaging in repeated conduct directed at a specific person that causes that person to fear for their safety or the safety of anyone known to them.
• Indecent exposure — exposing one's body to another person for a sexual purpose without that person's consent.
• Voyeurism — non-consensual viewing, photographing, or recording of another person in a location where there is an expectation of privacy.
• Sexual exploitation — taking non-consensual or abusive sexual advantage of another person for one's own benefit or for the benefit of a third party.

3. Training, Reporting and Responding

1. All students shall be informed of this policy at the time of their enrollment.
2. Institute of Technical Trades will train all faculty and staff who may receive disclosures or reports of sexual violence on the procedures for responding to and addressing incidents and complaints of sexual violence.
3. A student who has been affected by sexual violence may report the incident to any member of the Institute's faculty or staff. Reports may be made verbally or in writing.
4. Institute of Technical Trades will make information available about the supports and services available to those who have been affected by sexual violence, including but not limited to counselling, medical care, academic accommodations, and information about reporting to police.
5. When a student discloses or reports an incident of sexual violence, Institute of Technical Trades shall treat the student with dignity and respect and will consider the safety of the student and the Institute community.
6. Every effort will be made to maintain confidentiality throughout the investigation process. Information about a report or complaint will be shared only to the extent necessary to properly investigate and respond to the complaint, or as required by law.
7. A Complainant will not be required to participate in any investigation or disciplinary process. The Complainant's decision about how to proceed will be respected.
8. A Complainant has the right to withdraw a report or complaint at any time. However, the Institute may continue an investigation if it determines that there is a risk to the safety of the Institute community.
9. Institute of Technical Trades recognizes that a Complainant may choose to report to the police, and the Institute will assist the Complainant in contacting police if the Complainant so chooses. Filing a complaint with the Institute does not preclude a Complainant from filing a complaint with the police.
10. Nothing in this policy shall discourage or prevent a student from contacting the police to report an incident of sexual violence or from accessing any support services available in the community.

4. Investigating Reports

1. Upon receipt of a formal written report or complaint of sexual violence, the Director or their designate will initiate an investigation within seven (7) business days.
2. The Respondent will be notified of the complaint in writing and will be provided an opportunity to respond.
3. The investigation may include interviews with the Complainant, the Respondent, and any witnesses, as well as a review of any relevant documentation or evidence.
4. Both the Complainant and the Respondent may be accompanied by a support person during any meetings or interviews related to the investigation.
5. The investigation will be conducted in a timely manner and, wherever possible, will be completed within thirty (30) business days of receipt of the complaint.
6. Upon completion of the investigation, the Director or their designate will make a determination and communicate the outcome to both parties in writing.
7. If a concurrent police investigation is underway, the Institute may suspend or modify its own investigation to avoid interfering with the police investigation, but will take interim measures as appropriate to protect the safety of the Complainant and the Institute community.

5. Disciplinary Measures

If, following an investigation, the Respondent is found to have engaged in sexual violence, disciplinary measures may include, but are not limited to:

• A written warning placed in the Respondent's file
• Restrictions on the Respondent's access to certain Institute facilities or activities
• Mandatory counselling or training
• Suspension from the Institute for a specified period
• Expulsion from the Institute
• Termination of employment (if the Respondent is an employee of the Institute)

The severity of the disciplinary measures will be proportional to the severity of the behaviour and will take into account the totality of the circumstances.

6. Appeal

Either the Complainant or the Respondent may appeal the outcome of an investigation by submitting a written notice of appeal to the Director within three (3) business days of receiving the written decision.

An appeal may be made on the following grounds:

• There was a procedural error in the investigation that materially affected the outcome
• New evidence has become available that was not reasonably available at the time of the investigation and that could materially affect the outcome
• The disciplinary measures imposed are disproportionate to the findings

The Director will review the appeal and render a decision within ten (10) business days. The decision of the Director on appeal is final.

7. Making False Statements

Any individual who knowingly makes a false report or complaint of sexual violence, or who knowingly provides false information during an investigation, may be subject to disciplinary action.

A complaint that is made in good faith but is not substantiated through investigation does not constitute a false statement. The Institute recognizes that a finding of "not substantiated" does not mean the complaint was false or made in bad faith.

8. Reprisal

Institute of Technical Trades will not tolerate any form of reprisal, retaliation, or threat of reprisal against any person who, in good faith, makes a report or complaint of sexual violence, participates in an investigation, or is associated with a party to a complaint.

Any person who engages in reprisal may be subject to disciplinary action up to and including termination of employment or expulsion from the Institute.

9. Review

This policy shall be reviewed and updated at minimum every three (3) years. Students will be consulted during the review process, and the policy will be amended as necessary to ensure that it remains effective and responsive to the needs of the Institute community.

10. Collection of Student Data

Institute of Technical Trades shall collect and report data on incidents of sexual violence involving students in accordance with the requirements of the Ontario Career Colleges Act, 2005, and any regulations or directives issued by the Superintendent of Career Colleges.

All data collected will be anonymized and reported in aggregate form to protect the privacy and confidentiality of individuals involved. Personal identifying information will not be included in any reports unless required by law or with the express consent of the individual.

Appendix 1: Support Resources

If you or someone you know has been affected by sexual violence, the following resources are available: