Sexual Violence and Harassment Policy
Sexual Violence and Harassment Policy
- All registered Private Career Colleges must implement a Sexual Violence Policy in accordance with the regulations under the Private Career Colleges Ace, 2005.
- Eden College 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.
- Eden College has adopted this Sexual Violence and Harassment Policy, which defines sexual violence and outlines its training, reporting, investigative and disciplinary responses to complaints of sexual violence made by its students that have occurred on its campus, or at one of its events and involve its student.
- The person accused of engaging in sexual violence will be referred to as the “Respondent” and the person making the allegation as the “Complainant”.
Definition of Sexual Violence
Sexual violence 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.
Internal Complaints Committee
The Committee will be constituted by Eden College and would be headed by the Campus Director. The Internal Complaints Committee shall comprise of the following members:
- Campus Director
- Director of Human Resources
- Staff Representative
Provided that, at least one of the above members shall be women. The committee members will be provided necessary training inputs to handle such issues effectively and with the required sensitivity and concern.
Training, Reporting and Responding to Sexual Violence
a) Eden College shall include a copy of the Sexual Violence Policy in every contract made between it and its students, and provide a copy of the Sexual Violence Policy to career college management (corporate directors, controlling shareholders, owners, partners, other persons who manage or direct the career college’s affairs, and their agents), instructors, staff, other employees and contractors and train them about the policy and its processes of reporting, investigating and responding to complaints of sexual violence involving its student *Any company participating in offering student internships on their premises must provide an undertaking in writing that it is in compliance with all applicable legislation, including the Ontario Human Rights Code and the Occupational Health and Safety Act and will provide students access to those policies should they encounter issues relating to sexual violence in the workplace.
b) All staff members of the college will be required to meet yearly to review the Sexual Violence Policy and retrain on the policies and procedures.
C) The Sexual Violence Policy shall be published on its website (or where the Career College does not have a website in a conspicuous location on each of its campuses).
d) Career college management, instructors, staff, other employees and contractors of Eden College will report incidents of or complaints of sexual violence to any member of the Committee upon becoming aware of them.
e) Students who have been affected by sexual violence or who need information about support services should contact any member of the Committee.
f) Subject to Section 4 below, to the extent it is possible, Eden College will attempt to keep all personal information of persons involved in the investigation confidential except in those circumstances where 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 its campus or the broader community are at risk. This will be done by:
1) Ensuring that all complaints/reports and information gathered as a result of the complaint/reports will be only available to those who need to know for purposes of investigation, implementing safety measures and other circumstances that arise from any given case; and
2) Ensuring that the documentation is kept in a separate file from that of the Complainant/student or the Respondent.
g) Information provided to the Superintendent does not include personal information within the meaning of the Freedom of Information and Protection of Privacy Act.
h) Eden College recognizes the right of the Complainant not to report an incident of or make a complaint about sexual violence or not request an investigation and not to participate in any investigation that may occur
i) Notwithstanding (f), in certain circumstances, Eden 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
j) In all cases, including (f) above, Eden College will appropriately accommodate the needs of its students who are affected by sexual violence Students seeking accommodation should contact any member of the Committee.
In this regard, Eden College will assist students who have experienced sexual violence in obtaining counseling 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.
Investigating Reports of Sexual Violence
a) Under this Sexual Violence Policy, any student of Eden College may file a report of an incident or a complaint toany member of the Committee in writing.
b) Upon receipt of a report of an incident or a complaint of alleged sexual violence being made, Laurie Schmidt or Amanda Moschitti – Director 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, Eden College may conduct its own independent investigation and make its own determination in accordance with its own policies and procedures; and
- determine what interim measures ought to be put in place pending the investigation process such as removal of the Respondent or seeking alternate methods of providing necessary course studying
c) 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;
- interviewing the Complainant to ensure a complete understanding of the allegation and gathering 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, Laurie Schmidt or Amanda Moschitti – Director 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 below.
a) If it is determined by Eden College 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 Respondent’s ability to access certain premises or facilities; and/or
- any other actions that may be appropriate in the circumstances.
a) Should the Complainant or the Respondent not agree with the decision resulting from the investigation, he or she may appeal the decision to the Dean of Eden College within 30 days by submitting a letter addressed to any members of the Committee advising of the person’s intent to appeal the decision.
Making False Statements
a) It is a violation of this Sexual Violence Policy for anyone to knowingly make a false complaint of sexual violence or to provide false information about a complaint
b) Individuals who violate this 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.
a) It is a violation of this Sexual Violence 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.
b) 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.
a) Eden College shall ensure that student input is considered in the development of its Sexual Violence Policy and every time it is reviewed or amended.
b) Eden College shall review its Sexual Violence Policy 3 years after it is first implemented and amend it where appropriate. This date is June 8, 2020.
Collection of Student Data
Eden College shall collect and be prepared to provide upon request by the Superintendent of Private Career Colleges such data and information as required according to Subsections 32. 3 (8), (9) and (10) of Schedule 5 of the Private Career Colleges Act, 2005 as amended.
Contact Information of Current Internal Complaints Committee
a) Campus Director
Name: Michael Fahmi
b) Director of Human Resources
Name: Jason Li
c) Staff Representative
Name: Meifang Zhu
The following are a list of Provincial Rape Crisis Centres that could be provide resources:
- Canadian Association of Sexual Assault Centres
Assaulted Women’s Helpline
Toll Free: 1-866-863-0511
#SAFE (#7233) on Bell, Rogers, Fido or Telus mobile
Telephone Toll-Free: 1-877-336-2433
ATS: 1 866 860-7082
- 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, follow this link.
- 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
Sexual Assault Centre for Quinte and District
Muskoka/Parry Sound Sexual Assault Services
Parry Sound District Office
Office: (705) 774-9083 or 1-877-851-6662
Muskoka District Office
Office: (705) 646-2122 or 1-877-406-1268
Sexual Assault Centre of Brantford
Assault Response & Care Centre
Office: (613) 345-3881 or 1-800-567-7415
Chatham-Kent Sexual Assault Crisis Centre
24-Hour Crisis Line: 519-354-8688
Sexual Assault Support Services for Women
- Iethinisten:ha Women’s Shelter
Akwasasne Family Violence Program
24-Hour Crisis: 1-800-480-4208
- Durham Region
Durham Rape Crisis Centre
Women’s Sexual Assault Centre of Renfrew County
24-Hour Crisis: 1-800-663-3060
Guelph-Wellington Women in Crisis
Sexual Assault Centre (Hamilton and Area)
Crisis: (905) 525-4162
Office (905) 525-4573
Kenora Sexual Assault Centre
Crisis: (807) 468-7233 or 1-800-565-6161
Office: (807) 468-7958
Sexual Assault Centre Kingston
Crisis: 613-544-6424 or 1-877-544-6424
Sexual Assault Support Centre of Waterloo Region
Sexual Assault Centre London
London Abused Women’s Centre
- Peel Region
Hope 24/7 (formerly the Sexual Assault/Rape Crisis Centre of Peel)
Office: (905) 792-0821
Women’s Support Network of York Region
Crisis: 1-800-263-6734 or 905-895-6734
Office: (905) 895-3646
- North Bay
Amelia Rising Women’s Sexual Assault Centre of Nipissing/centre d’aggressions sexuelles de Nipissing
TTY: (705) 840-5877
Sexual Assault & Violence Intervention Services of Halton
Crisis: 905-875-1555 or 1-877-268-8416
Family Transition Place
Sexual Assault Support Centre
Ottawa Rape Crisis Centre
- Peterborough & Kawarthas
Kawartha Sexual Assault Centre
Crisis: (705) 741- 0260 or 1-866-298-7778
Office/TTY: (705) 741-0260
- YWCA Peterborough Haliburton
Office: 705.743.3526 x 130
- Sault Ste Marie
Women in Crisis (Algoma) Inc.
Crisis: 705-759-1230 or 1-877-759-1230
Sexual Assault Survivors Centre Sarnia-Lambton
Crisis: 519 337-3320 or 1-888-231-0536
Office: (519) 337-3154
Haldimand & Norfolk Women’s Service
Niagara Region Sexual Assault Centre
Crisis: (905) 682-4584
Office: (905) 682-7258
- Thunder Bay
Thunder Bay Sexual Assault and Sexual Abuse Crisis and Counselling Centre
Office: (807) 345-0894 or 1-866-311-5927
Timmins and Area Women in Crisis
Crisis: 1-877-268-8380 (sexual assault)
Crisis: 1-855-827-7233 (shelter)
Office: (705) 268-8381
Oasis Centre des Femmes
Téléphone : 416-591-6565
Courriel : email@example.com
Toronto Rape Crisis Centre: Multicultural Women Against Rape