College Self-discipline Complaints and Sexual Violence in Ontario

Each college and faculty in Ontario has a coverage on sexual violence.  They’re required to take action by provincial laws beneath the Ministry of Coaching, Schools and Universities Act. 

The Act and its laws set up how that coverage have to be established and permitted and what’s should include.  Most substantively, the Act itself defines “sexual violence”, as:

any sexual act or act focusing on an individual’s sexuality, gender id or gender expression, whether or not the act is bodily or psychological in nature, that’s dedicated, threatened or tried towards an individual with out the individual’s consent, and consists of sexual assault, sexual harassment, stalking, indecent publicity, voyeurism and sexual exploitation. 2016, c. 2, Sched. 3, s. 1.

This text will search to offer an outline of the sexual violence insurance policies at a number of Ontario universities and schools, how college students (or workers) can acquire help if they’ve been sexually assaulted, how they will file a criticism, and the way anyone accused of violating the college’s sexual violence coverage – a Respondent – can reply to a criticism and/or enchantment a choice beneath their college’s sexual violence or sexual assault coverage.  Any individual who’s accused of breaching a school or college’s sexual violence coverage has a proper to a lawyer who may help them within the course of.

This text will deal with the sexual violence insurance policies of 18 Ontario establishments:

Brock College’s coverage on sexual violence known as the Brock College Sexual Assault and Harassment Coverage.

It outlined sexual violence as “a spectrum of nonconsensual sexual contact and behavior which incorporates sexual assault, sexual harassment, stalking, sexual exploitation, indecent publicity, and voyeurism.

Alleged breaches of the Coverage are reported to the Brock College Human Rights & Fairness Workplace (HRE).   There’s a Sexual Violence Danger Evaluation Group (SVRAT) that may provoke an investigation.  Brock College has an Investigation Evaluate Committee which determines whether or not or to not suggest a criticism for additional investigation.  The Director of Pupil Life and Group Expertise is the decision-maker in that course of.  If a pupil is the one accused of breaching the Sexual Assault and Harassment Coverage, the Respondent has a proper to enchantment.

Interim measures might be put in place proscribing the Respondent.  Self-discipline for a breach can embody suspension or expulsion.

Helps for victims embody:

• Niagara Area Sexual Assault Centre | 682.4584
• Campus Safety | 688.5550 x3200
• Sexual Assault Centre Hamilton | 905.525.4162

Carleton College’s coverage known as the Carleton College Sexual Violence Coverage.   The Coverage consists of particular definitions for sexual assault, sexual harassment and sexual violence.  Carleton College’s Sexual Violence Evaluate Committee makes an preliminary evaluation, and might appoint an Investigator to conduct an investigation.  The SVRC will then decide on the alleged breach.

There may be an Enchantment Course of in place for choices made with respect to the Sexual Violence Coverage.  Each Complainants and Respondents can enchantment.  Each can have a lawyer help with the enchantment of the college’s sexual violence coverage choice.

Interim measures could also be place on the Respondent.  These might be appealed and modifications requested.

Helps for victims embody:

• Sexual Assault Help Centre of Ottawa | 24 hour help line: 613-234-2266 | Normal Inquiries: 613-725-9259
• College Sexual Assault Help Centre 613-520-5622

George Brown School’s coverage known as the George Brown School Sexual Assault and Sexual Violence Coverage.  It defines sexual violence, sexual assault, sexual harassment and consent.

Complaints might be informally resolved or referred for investigation.  The Director, Range, Fairness & Human Rights Providers (DDEHRS) decides whether or not the criticism will probably be investigated.

The Respondent will probably be notified of the criticism and any interim measure put in place.  The interim measures might be reviewed.  Chances are you’ll need to have a lawyer make it easier to with the request for evaluation of interim measures.

Help for victims consists of:

Humber’s coverage known as the Humber School Sexual Assault and Sexual Violence Coverage.  It includes a proper investigation course of for sure complaints beneath the coverage.  A Respondent will probably be notified if a criticism is made towards them that they breached the SASV Coverage.  Interim measures could also be put in place.

Helps for victims embody:

• Pupil Help and Intervention Coordinator: 675.6622 ext. 5546
• Counselling Providers (Pupil Wellness and Accessibility Centre): 416-675-6622 ext. 5090 (North); ext. 3331(Lakeshore)

Lakehead College’s coverage known as the Lakehead College Sexual and Gender Based mostly Violence Response Coverage.

Complaints are submitted to Lakehead’s Workplace of Human Rights and Fairness.  The Sexual and Gender Based mostly Violence Evaluation Committee determines whether or not to nominate and Investigator to conduct an investigation or not.  They will additionally impose interim measures or circumstances on the Respondent to the criticism.

Final sanctions for breaches of the coverage might embody suspension or expulsion.  The Complainant and Respondent each have a proper to a help individual.

Helps for victims embody:

• Aboriginal Cultural & Help Providers: Particular person providers, e-mail transitions@lakeheadu.ca, cellphone 807-343-8028
• Orillia Safety Providers: Reporting, Emergency, cellphone 705-330-4008 extension 3-911
• LUSU: Gender Fairness Centre, Peer-to-peer help, e-mail gec@lusu.ca, cellphone 807-343-8879

McMaster’s coverage known as the McMaster College Sexual Violence Coverage.  Complaints might be made to superivsors or to the Director of the Sexual Violence Prevention and Response Workplace.  If complainants file a Legal Report back to the College’s Safety Providers, it’ll end in a report back to the Hamilton Police Service.

The Director (HRDR) will decide, with others, whether or not to implement a College-Initiated Investigation.  Interim measures could also be applied through the investigation course of.  Complainants and Respondents have a proper to be accompanied by a help individual or advisor.  This individual could be a lawyer.

There’s a proper of enchantment of a choice beneath the Coverage.

The Sexual Violence Prevention and Response Workplace can present and refer victims of violence for help: svpro@mcmaster.ca or 905-525-9140, ext. 20909.

OCAD’s sexual violence coverage known as the Coverage on Prevention and Response to Sexual and Gender-based Violence.   It defines sexual violence and sexual assault.  A Sexual Violence Response Group (SVRT).  If the Respondent to a criticism is a pupil, the criticism is filed with the Vice-Provost, College students.  If the Respondent is workers or school, the Criticism is filed with the Workplace of Range, Fairness & Sustainability Initiatives.

The Vice-Provost, College students determines whether or not to refer a criticism for Investigation and appoint and Investigator. Interim measures could also be put in place through the course of the method.

There’s a proper of enchantment for each Complainants and Respondents.

Helps for victims of violence embody:

• STUDENT WELLNESS CENTRE | 416-977-6000 ext. 260, swc@ocadu.ca,
• OCAD U Safety at 416-977-6000 x511

Queen’s College coverage known as the Coverage on Sexual Violence Involving Queen’s College College students.  There’s a “Criticism Process” for allegations of sexual violence.  Complaints are made to the Workplace of the College Secretariat and Authorized Counsel.  If an investigation is initiated, the Respondent will probably be knowledgeable of the criticism, a abstract of the allegations, any interim measures put in place, potential sources of help, and a sign as to learn how to search reconsideration for the interim measures.  A respondent to complaints of breaches of the Coverage on Sexual Violence might need to rent a lawyer to supply authorized help with respect to the interim measures and in defence of the allegation typically.

The Coverage particularly states that Complainants’ or Respondents’ help individuals could also be authorized counsel (a lawyer).

Sanctions for breaches of the coverage might embody measures as much as and together with suspension or expulsion.  There’s a process for interesting choices and/or sanctions.

Helps for victims embody:

Ryerson’s coverage known as the Ryerson College Sexual Violence Coverage.  It additionally has a “Discrimination and Harassment Prevention Coverage” and a “Pupil Code of Non-Tutorial Conduct (Coverage 61)”.

Ryerson’s Sexual Violence Coverage units out how complaints and studies might be made.  Reporting might be completed to Consent Comes First.  A proper complain is made to Human Rights Providers.  The Director of Human Rights Providers or a designate will decide whether or not to provoke an investigation.  The Respondent – the individual accused of breaching the Coverage, will meet with Human Rights Providers.  Interim measures could also be applied.  If an Investigator is appointed, they’ll conduct an investigation.  For Respondents who’re college students, the Vice Provost, College students decides whether or not the Coverage was breached and acceptable sanctions.

Sanctions can embody measures as much as and together with suspension or explusion from Ryerson College.  There’s a proper to enchantment the choice and/or the sanction.

Helps for victims embody:

• Workplace of Sexual Violence Help and Schooling | Cellphone: 416-979-5000, ext. 3596
• Group Security and Safety | 416-979-5040

Guelph College’s coverage known as the Guelph College Coverage 1.4 – Sexual Violence Coverage.  It consists of as a part of it the Sexual Violence Coverage – Procedures for College students and a separate process of school and workers.

Complainants might pursue allegations of sexual violence at Guelph College by means of various decision and/or the Formal Criticism Course of.  Vexatious complaints might result in sanctions towards the one that filed them in the event that they have been lodged in unhealthy religion.

The respondent is known as the Individual Accused.  The Director Sexual Violence Help Centre facilitates helps and might suggest Interim Measures.

The Workplace of Range and Human Rights (DHR) / the Assistant Vice-President (DHR) oversees the Formal Criticism Course of.  The AVP-DHR can provoke an Investigation.  The Investigator can suggest whether or not or not the coverage has been breached (and whether or not or not a criticism was made in unhealthy religion).  The Vice-Provost (Pupil Affairs) makes the ultimate choice.  The Respondent might enchantment a choice.  A Respondent accused of sexual violence beneath Guelph’s Sexual Violence Coverage might need to rent a lawyer to help within the course of.

Help for victims might be discovered at Guelph’s Sexual Violence Help webpage: https://wellness.uoguelph.ca/sexual-violence-support-centre/contact-us

uOttawa’s coverage known as College of Ottawa Coverage 67b: Prevention of Sexual Violence.  It defines sexual assault, sexual violence, sexual harassment, and consent.

The Human Rights Workplace handles studies of sexual violence.  A Sexual Violence Response Group assists within the course of.  A Human Rights Officer is the one who will obtain formal complaints and make an evaluation as as to whether the criticism falls inside uOttawa’s Coverage on sexual violence. If it does, the Officer will appoint and Investigator to provoke an investigation.  The Officer will ship a written discover to the Respondent informing them of the formal criticism, and advising the title of the investigator.  The Director of the Human Rights Workplace appoints a committee to evaluation the investigator’s report the place the Respondent and Complainant can every make written and oral representations.

Sanctions for a breach of the Coverage on Prevention of Sexual Violence can embody suspension and expulsion or lesser sanctions.  There’s a proper of Enchantment as nicely.

Assets for help might be discovered at: https://www.uottawa.ca/sexual-violence-support-and-prevention/on-off-campus-and-online-resources

Seneca has the Seneca School Sexual Violence Coverage.  Complaints might be filed beneath the coverage.   Seneca might conduct an investigation utilizing an inside or exterior investigator.  Sexual violence would even be a breach of Seneca’s Pupil Code of Conduct, Private Security and Safety Menace and Discrimination and Harassment insurance policies.

Interim measures could also be put in place through the investigative course of.

Assets for victims of violence embody:

• Assaulted Ladies’s Helpline | 416-683-0511
• Yellow Brick home | 1-800-263-3247

U of T has a coverage referred to as the College of Toronto Coverage on Sexual Violence and Sexual Harassment.   The Coverage outlined sexual violence, sexual harassment, sexual assault, but in addition cyber sexual violence, cyber sexual harassment and gender-based harassment.

The College of Toronto Sexual Violence Prevention and Help Centre receives Experiences of Incidents of Sexual Violence.  They make an evaluation in coordination with the Workplace of Security and Excessive Danger.  The Workplace of Security and Excessive Danger determines whether or not or to not start an Investigation.

If an investigation is commenced, an investigator will probably be appointed.  The Investigator will present the Respondent with a chance to reply.

For college kids accused of breaching U of T’s Coverage on Sexual Violence and Sexual Harassment, the Vice-Provost, College students will decide whether or not or to not refer the matter for a listening to beneath the College of Toronto Code of Pupil Conduct.

Findings of breaches of the Coverage might be appealed to the Self-discipline Appeals Board of the Governing Council, as set out within the Code of Pupil Conduct.

Attainable sanctions for breaches embody suspension or expulsion.

The College of Toronto Coverage on Sexual Violence explicitly states that Respondents have a proper to hunt authorized recommendation and to be accompanied by a help individual together with authorized counsel (a lawyer) to conferences through the investigation.  An skilled lawyer can advise respondents of their rights and help them of their defence.

Help assets for victims of violence might be discovered by means of the Sexual Violence Prevention & Help Centre: https://www.svpscentre.utoronto.ca | 416-978-2266

UWaterloo has a coverage referred to as the College of Waterloo Coverage 42 – Prevention of and Response to Sexual Violence.  Associated insurance policies embody: College of Waterloo Coverage 71 – Pupil Self-discipline and Coverage 72 – Pupil Appeals, in addition to the Sexual Violence Response Protocols and Procedures.

College of Waterloo has a Sexual Violence Response Coordinator (SVRC) to help college students.  Upon receipt of a report of sexual violence, the Affiliate Dean will seek the advice of with the Director of Battle Administration and Human Rights to nominate and investigator.  The SVRC will inform the Respondent of the criticism.

The Respondent may also learn of any interim measures put into place.

The Complainant and Respondent might each Enchantment remaining choices.

Assets for victims of sexual violence embody:

• Sexual Assault Help Centre of Kitchener Waterloo | 24 Hour Help Line: 519-741-8633
• Sexual Assault/Home Violence Remedy Centre – Kitchener Waterloo | 519-749-6994

Western College has the Western College Coverage 1.52 – Coverage on Gender-Based mostly and Sexual Violence.  Associated, is the Procedures for the Coverage on Gender-Based mostly and Sexual Violence and the Non-Discrimination/Harassment Coverage and the Code of Pupil Conduct.

The Complaints Course of includes an preliminary willpower by the Affiliate Vice-President (Pupil Expertise) as as to whether or to not refer the matter for Investigation.  In that case, an Investigator will probably be appointed.  The AVP-SE may also impose interim measures.  A request might be made to change or differ these circumstances.  The Respondent will probably be knowledgeable that they’ll have an interview with the Investigator, who will produce a written investigation report.

Western’s Process for the Coverage on Sexual Violence explicitly states that the Complainant and Respondent might deliver help individuals together with authorized counsel (a lawyer) to conferences with the investigator.  A lawyer may help navigate and advocate with respect to a criticism beneath the Coverage on Gender-Based mostly and Sexual Violence typically.

The AVP-SE is the last word decider as as to whether or not the coverage has been breached and what sanctions are acceptable. These might embody suspension or expulsion, or lesser sanctions.

There’s a proper to enchantment the choice.  An Enchantment Software might be filed with the Secretary of the College.  A lawyer can help with this course of as nicely.

Assets for victims of violence embody:

• Gender-Based mostly Violence & Survivor Help Case Supervisor | 519-661-3568 | help@uwo.ca
• Regional Sexual Assault and Home Violence Remedy Program at St. Joseph’s Hospital | 519-646-6100 ext. 64224

UWindsor’s coverage known as the College of Windsor Coverage on Sexual Misconduct.  It defines “sexual misconduct”, consent, incapacity, sexual assault and sexual harassment.  Complaints might be launched by means of the Campus Group Police or by means of the Sexual Misconduct Response and Prevention Officer.  If a pupil is accused of sexual misconduct at UWindsor, the College’s Human Rights Coverage, Procedures for Addressing Pupil Non-Tutorial Misconduct and Pupil Code of Conduct are all related to the criticism course of.

On-Campus and Off-Campus helps for victims might be discovered at:  http://www.uwindsor.ca/sexual-assault/300/assets.

Wilfrid Laurier’s coverage known as the Wilfred Laurier College Coverage 12.4 The Prevention of Sexual Violence Coverage and Procedures.  It defines consent, sexual violence and intimate companion violence.   Wilfred Laurier’s Coverage 6.1 Prevention of Harassment and Discrimination is expounded to the coverage, as is Coverage 12.3 Non-Tutorial Pupil Code of Conduct

The Workplace of Dispute Decision and Sexual Violence Help handles complaints beneath the coverage.  When a criticism is made, the Senior Advisor, Dispute Decision and Sexual Violence Help will decide whether or not or not an investigation will happen.  The ODRSVS can impose interim measures, which might be reviewed upon written request. When decision efforts are usually not acceptable or profitable, the matter will proceed to the investigation stage.

There is a chance to enchantment a choice as to breach and sanctions imposed.

Gendered and Sexual Violence Prevention and Help might be reached at svinfo@wlu.ca | 519-884-0710 x 4847.

York College’s coverage known as the York College Coverage on Sexual Violence.  York’s Code of Pupil Rights and Tasks and Centre for Human Rights Fairness and Inclusion (REI) Process for Coping with Complaints of Harassment and Discrimination are additionally related.

Complaints of sexual violence might be made to the Centre for Sexual Violence Response, Help and Schooling.  The Centre might then have interaction York College’s Sexual Violence Response Group.  The SVRT will then decide whether or not the college will pursue a criticism.

There’ll first be a preliminary evaluation by the Sexual Violence Response staff; then the potential for casual decision.  If the matter proceeds to formal decision, an investigation will proceed.

Interim measures could also be put in place.  The investigator will interview witnesses.  Ultiamtely, it’s the Vice-Provost College students that may decide whether or not or not the Coverage on Sexual Violence  has been breached.

There’s a course of the place a choice and sanctions imposed might be appealed.  Respondents might need to have interaction authorized counsel to help with the method typically together with the enchantment of a choice beneath the Coverage on Sexual Violence.

The Centre for Sexual Violence Response, Help and Schooling might be reached for help at 416-736-5211 or at thecentre@yorku.ca

Each faculty and college in Ontario has its personal coverage on sexual violence.  Investigations into allegations of sexual violence on or off campus are critical issues.  Victims can entry the help techniques set out on this article.  Respondents (folks accused) ought to take into account hiring a lawyer to assist them navigate the system and advocate for his or her rights beneath the assorted insurance policies.

Name (416) 999-8383 to talk to a lawyer instantly to raised perceive the method, choices, and the way the help of an expert can profit you. You may as well contact us at information@robichaudlaw.ca