Sexual Violence and Sexual Assault Policy
Sexual Violence Policy
1. DEFINITIONS/MEANINGS
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SEXUAL VIOLENCE
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.
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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 behaviours from any unwanted touching to penetration. Sexual assault is characterized by a broad range of behaviours 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 giving consent.
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CONSENT
1. silence or non-communication must never be interpreted as consent and a person in a state of diminished judgment cannot consent;
2. a person is incapable of giving consent if they are asleep, unconscious, or otherwise unable to communicate;
3. a person who has been threatened or coerced (i.e. is not agreeing voluntarily) into engaging in the sexual activity is not consenting to it;
4. a person who is drugged is unable to consent;
5. a person is unable to give consent when under the influence of alcohol and/or drugs;
6. a person may be unable to give consent if they have a mental disability preventing them from fully understanding the sexual acts;
7. 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;
8. a person can withdraw consent at any time during the course of a sexual encounter;
9. a person is incapable of giving consent to a person in a position of trust, power or authority, such as a faculty member initiating a relationship with a student who they teach, an administrator in a relationship with anyone who reports to that position;
10. consent cannot be given on behalf of another person.
It is the responsibility of the initiator of sexual activity to ensure clear and affirmative responses are communicated at all stages of sexual engagement. It is also the initiator's responsibility to know if the person they are engaging with sexually is a minor.
ACQUAINTANCE SEXUAL ASSAULT
Sexual contact that is forced, manipulated, or coerced by a partner, friend or acquaintance.
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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.
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.
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.
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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.
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INDECENT EXPOSURE
The exposure of the private or intimate parts of the body in a lewd manner, when the perpetrator may be readily observed.
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STALKING
A form of criminal harassment prohibited by the Criminal Code of Canada. It involves behaviours that occur on more than one occasion and which collectively instill fear in the victim/target or threaten the victim/target's safety or mental health. Stalking can also include threats of harm to the victim/target's friends and/or family. These behaviours 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.
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SEXUAL HARRASMENT
Engaging in a course of conduct of a gender-related or sexual nature that is known or might reasonably be known to be unwelcome/unwanted, offensive, intimidating, hostile, or inappropriate. Depending on its severity, one action may constitute sexual harassment.
This may include, but is not limited to: demeaning gestures, remarks and jokes; slurs, taunting, innuendo based on gender or sexual orientation; unwanted physical contact; leering; inappropriate comments about clothing, physical characteristics or activities; unwanted questions or comments about one's private life, sexual orientation, marital or family status; the display of sexually offensive material; solicitation; unwanted attention; implied or expressed promise of reward or benefit in return for sexual favours; implied or expressed threat or act of reprisal if sexual favours are not given; or sexual assault (Criminal Code offense).
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SEXUAL EXPLOITATION
Occurs when a perpetrator takes non-consensual or abusive sexual advantage of another for their own advantage or benefit, or to benefit or advantage anyone other than the one being exploited.
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SURVIVOR
Some who have experienced sexual violence may choose to identify as a survivor. Individuals might be more familiar with the term 'victim'. We use the term survivor throughout this policy where relevant because some who have experienced sexual assault believe they have overcome the violent experience and do not wish to identify with the victimization. It is the prerogative of the person who has experienced these circumstances to determine how they wish to identify.
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VOYEURISM
Observing a person, including by mechanical or electronic means, or making a visual recording of a person who is in circumstances that give rise to a reasonable expectation of privacy.
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2. THE SCOPE
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This Policy applies to all members of Toronto Economics and Management College (TEMC) including: all employees, governors, students, contractors, suppliers of services, individuals who are directly connected to any TEMC initiatives, volunteers, and visitors. TEMC runs its Sexual Assault and Sexual Violence Policy by using guidance of the Private Career Colleges Act, 2005 and the Regulation 415/06.to complaints of sexual violence that have occurred on TEMC campus or at a one of our events and involve our students.
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3. POLICY STATEMENT
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TEMC is committed to being a safe and positive space where members of the TEMC community feel able to work, learn, and express themselves in an environment free from sexual violence. We endeavour to reduce sexual violence in our college community and create a safe space for survivors and those who are affected by sexual violence.
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All reported incidents of sexual violence will be investigated. It is the intention of TEMC that individuals feel comfortable about making a report in good faith about sexual violence that they have experienced or witnessed.
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TEMC recognizes that sexual violence can occur between individuals regardless of sexual orientation, gender, 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, financial, or other challenges.
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TEMC IS COMMITED TO:​
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participating with internal in the creation of a campus atmosphere in which sexual violence is not tolerated;
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treating individuals who disclose sexual violence with compassion and recognizing them as a decision maker regarding their interests;
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assisting those who have been affected by sexual violence by providing choices, including detailed information and support, which may include a provision of and/or referral to counselling and medical care, information about legal options;
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ensuring that those who disclose that they have been sexually assaulted have their experiences validated, and that their right to dignity and respect is protected throughout the process of disclosure, investigation, and institutional response;
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engaging in public education and prevention activities, which would include appropriate training of the TEMC community about responding to the disclosure of sexual violence; and
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providing information that may affect the TEMC community about sexual violence on campus.
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​4. REPORTING AND RESPONDING TO SEXUAL VIOLENCE
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1. Any member of the TEMC community who has been subject to sexual violence is encouraged to immediately report such an incident.
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2. Any member of the TMEC community who has witnessed, or who has knowledge of, an incident of sexual violence perpetrated against another member of the TEMC community is encouraged to immediately report such an incident.
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3. Persons in a position of authority at TEMC, including but not limited to, all those who supervise others, shall take immediate action to respond to or to prevent sexual violence from occurring.
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4. Where TEMC has become aware of an incident of sexual violence, or a threat of sexual violence, TEMC will take all reasonable steps to ensure the safety of the TEMC community. Where an incident of sexual violence or a threat of sexual violence poses a risk to the safety of a member or members of the TEMC community, precautions may include the provision or disclosure of relevant information to an employee, to employees, and/or to others at risk.
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5. 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 career college’s policies relating to drug or alcohol use at the time the alleged sexual violence occurred.
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6. 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.
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5. COMPLAINT PROCESS AND INVESTIGATIONS​
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.
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RIGHT TO WITHDRAW A COMPLAINT
A complainant has the right to withdraw a complaint at any stage of the process. However, TEMC 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. TEMC may also continue to act when there is a threat to the safety of the TEMC community.
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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:
1. having pursued rights under this Policy or the Ontario Human Rights Code;
2. having participated or co-operated in an investigation under this Policy or the Ontario Human Rights Code; or
3. having been associated with someone who has pursued rights under this Policy or the Ontario Human Rights Code.
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TEMC takes reasonable steps to protect persons from reprisals, retaliation, and threats. This may entail, for example, advising individuals in writing of their duty to refrain from committing a reprisal and sanctioning individuals for a breach of this duty. TEMC may also address the potential for reprisals by providing an accommodation appropriate in the circumstances.
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UNSUBSTANTIATED OR VEXATIOUS 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. Disclosures or complaints that are found, following investigation, to be frivolous, vexatious or bad faith complaints, that is, made to purposely annoy, embarrass or harm the respondent, may result in sanctions and/or discipline against the complainant.
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6. CONFIDENTIALITY
A complaint of sexual assault or any other kind of sexual violence can be filed under this Policy by any member of the TEMC community. TEMC 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. 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.
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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 TEMC does its best to respect the confidentiality of all persons, including the complainant, respondent, and witnesses by restricting routine access to information to individuals with a need for such access providing education and training to those who are regularly involved in the administration of reports and complaints.
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However, confidentiality cannot be assured in the following circumstances:
1. an individual is at imminent risk of self-harm;
2. an individual is at imminent risk of harming another; and/or
3. there are reasonable grounds to believe that others in the TEMC or wider community may be at risk of harm.
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In such circumstances, information would only be shared with necessary services to prevent harm, and the name of the survivor would not be released to the public.
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Where TEMC becomes aware of an allegation of sexual violence by a member of the TEMC community against another member of the TEMC community, TEMC may also have an obligation to take steps to ensure that the matter is dealt with in order to comply with TEMC's legal obligation and/or its policies to investigate such allegations. In such cases, certain TEMC 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.
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​7. 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 Institute’s Executive Director (President) within (5) days by submitting a letter addressed to The Institute Executive’s Director ( President) advising of the person’s intent to appeal the decision
8. SUPPORT AND SERVICES ON CAMPUS
The General Manager of TEMC Provides referrals to counselling and medical services; safety planning; assistance with academic and workplace accommodations; self-care resources; advocacy and help in navigating resources. Also provides assistance in making informed decisions about next steps involving reports to the police.
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Students can call TEMC between Monday and Friday (8:30am to 4:00pm) on 1 (877) 894-9007 or email us at admin@temcolleges.ca
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9. SUPPORT SERVICES IN THE COMMUNITY
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​Canadian Association of Sexual Assault Centers
Ontario / Provincial
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English
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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
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Fem’aide
Telephone toll-free: 1-877-336-2433
ATS: 1 866 860-7082 www.femaide.ca
Sexual Assault/Domestic Violence Treatment Centers
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Belleville
Sexual Assault Centre for Quinte and District
Toll-Free: 1-877-544-6424
Office: 613-967-6300 www.sacqd.com
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Bracebridge
Muskoka/Parry Sound Sexual Assault Services
Parry Sound District Office
Office: (705) 774-9083 or 1-877-851-6662 www.daphnewymn.com
Muskoka District Office
Office: (705) 646-2122 or 1-877-406-1268 www.daphnewymn.com
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Brantford
Sexual Assault Centre of Brantford
Crisis: 519-751-3471
Office: 519-751-1164 sexualassaultcentre@sacbrant.ca http://sacbrant.ca/
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Brockville
Assault Response & Care Centre
Office: (613) 345-3881 or 1-800-567-7415 arcc@bgh-on.ca
www.arc-c.ca
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Chatham
Chatham-Kent Sexual Assault Crisis Centre
24 Hour Crisis Line: 519-354-8688
Office/TTY: 519-354-8908 http://cksacc.org/
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Cornwall
Sexual Assault Support Services for Women Office:6139321755 http://sassforwomen.ca/
Iethinisten:ha Women’s Shelter
Akwasasne Family Violence Program
24 Hour Crisis: 1-800-480-4208
Phone: 613-937-4322 www.akwesasne.ca/iethinistenha-women’s-shelter
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Durham Region
Durham Rape Crisis Centre
Crisis: 905-668-9200
Office: 905-444.9672 info@drcc.ca www.drcc.ca
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Eganville
Women’s Sexual Assault Centre of Renfrew County
24 hour crisis: 1-800-663-3060
Office: 613-735-5551 www.wsac.ca
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Guelph
Guelph-Wellington Women in Crisis
Crisis: 519-836-5710
1-800-265-7233
Office: 519-823-5806 www.gwwomenincrisis.org
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Hamilton
Sexual Assault Centre (Hamilton and Area) Crisis: (905) 525-4162
Office (905) 525-4573
TTY: 905-525-4592 www.sacha.ca
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Kenora
Kenora Sexual Assault Centre
Crisis: (807) 468-7233 or 1-800-565-6161
Office: (807) 468-7958 www.kenorasexualassaultcentre.com
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Kingston
Sexual Assault Centre Kingston
Crisis: 613-544-6424 or 1-877-544-6424
Office: 613-545-0762 sack@sackingston.com www.sackingston.com
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Kitchener-Waterloo
Sexual Assault Support Centre of Waterloo Region
Crisis: 519.741.8633
Office: 519.571.0121 info@sascwr.org www.kwsasc.org
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London
Sexual Assault Centre London
Crisis: 519-438-2272
Office 519-439-0844
TTY: 519-439-0690 sacl@sacl.ca www.sacl.ca
London Abused Women’s Centre
Office: 519-432-2204
E-Mail: info@lawc.on.ca http://lawc.on.ca/
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Peel Region
Hope 24/7 (formerly the Sexual Assault/Rape Crisis Centre of Peel) Crisis:1-800-810-0180
Office: (905) 792-0821 http://hope247.ca/
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Newmarket
Women’s Support Network of York Region
Crisis: 1-800-263-6734 or 905-895-6734
Office: (905) 895-3646 www.womenssupportnetwork.ca
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North Bay
Amelia Rising Women’s Sexual Assault Centre of Nippising/centre d’aggressions sexuelles
de nippising
Crisis: 705-476-3355
Office: 705-840-2403
TTY: (705) 840-5877 info@ameliarising.ca
www.ameliarising.ca
Oakville
Sexual Assault & Violence Intervention Services of Halton
Crisis: 905-875-1555 or 1-877-268-8416
Office: 905-825-3622 www.savisofhalton.org
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Orangeville
Family Transition Place
Crisis: 1-800-265-9178
Office: 519-942-4122 www.familytransitionplace.ca
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Ottawa
Sexual Assault Support Centre
Crisis: 613-234-2266
Phone: 613-725-2160
TTY: 613-725-1657
info@sascottawa.com
http://sascottawa.com
Ottawa Rape Crisis Centre
Crisis: 613-562-2333
Office: 613-562-2334 http://orcc.net/
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Peterborough & Kawarthas
Kawartha Sexual Assault Centre
Crisis: (705) 741- 0260 or 1-866-298-7778
Office/TTY: (705) 741-0260 www.kawarthasexualassaultcentre.com
YWCA Peterborough Haliburton
Crisis: 1-800-461-7656
Office: 705.743.3526 x 130 www.ywcapeterborough.org
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Sault Ste Marie
Women in Crisis (Algoma) Inc.
Crisis: 705-759-1230 or 1-877-759-1230 www.womenincrisis.ca
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Sarnia-Lambton
Sexual Assault Survivors Centre Sarnia-Lambton
Crisis: 519 337-3320 or 1-888-231-0536
Office: (519) 337-3154 www.sexualassaultsarnia.on.ca
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Simcoe
Haldimand & Norfolk Women’s Service
Crisis: 1-800-265-8076
TTY: 1-800-815-6419
Office: 519-426-8048 hnws@hnws.on.ca
www.hnws.on.ca
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St. Catherines
Niagara Region Sexual Assault Centre
Crisis: (905) 682-4584
Office: (905) 682-7258 carsa@sexualassaultniagara.org
http://sexualassaultniagara.org/
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Thunder Bay
Thunder Bay Sexual Assault and Sexual Abuse Crisis and Counselling Centre
Office: (807) 345-0894 or 1-866-311-5927 tbcounselling@tbsasa.org
www.tbsasa.org
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Timmins
Timmins and Area Women in Crisis Crisis: 1-877-268-8380 (sexual assault) Crisis: 1-855-827-7233 (shelter)
Office: (705) 268-8381 info@tawc.ca
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Toronto
Oasis Centre des Femmes
Téléphone : 416-591-6565
Courriel : services@oasisfemmes.org http://oasisfemmes.org/
Toronto Rape Crisis Centre: Multicultural Women Against Rape
Crisis: 416-597-8808
Office: 416-597-1171 info@trccmwar.ca crisis@trccmwar.ca
www.trccmwar.ca
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Windsor
Sexual Assault Crisis Centre of Essex County
Crisis: 519-253-9667 www.saccwindsor.net
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Woodstock
Domestic Abuse Services Oxford
Crisis: 519 539-4811 or 1-800-265-1938 info@daso.ca
www.daso.ca
Review and Amendment
The review of the sexual violence policy will occur at least once every three years and amended it if necessary.