Sexual Violence and Harassment Policy for S&A Sprint Driving School Inc

1. Scope of the Policy

This Policy applies to all members of the S&A Sprint Driving School Inc community including employees, students, instructors, contractors, suppliers of services, individuals who are directly connected to any S&A Sprint Driving School Inc initiatives, volunteers, and visitors. It is posted on the S&A Sprint Driving School Inc website, and a print copy is readily available upon request.

This policy is a guide only. The Criminal Code R.S.C., 1985 c. C-46, the Ontario Human Rights Code, and the Ontario Career Colleges Act 2005 take precedence and should be referred to in all cases.

2.   Purpose and Intent

S&A Sprint Driving School Inc. is committed to providing a safe educational environment free from sexual violence. This policy outlines the prohibited behaviors, support services, investigative procedures, and accommodations available to students affected by sexual violence.

3. Policy Objectives

S&A Sprint Driving School Inc is committed to providing our students with an educational environment free from sexual violence and treating those students who report incidents of sexual violence with dignity and respect.

To that end S&A Sprint Driving School Inc will provide a copy of the policy to our students, and educate them together with our career college management, employees and contractors about this Policy and how to identify situations that involve, or could progress into sexual violence against our students and how to reduce it.

Where a complaint has been made, under this Policy, of sexual violence S&A Sprint Driving School Inc. Will take all reasonable steps to investigate it, including as follows:

1. Providing on-campus investigation procedures to students for sexual violence complaints;
2. Responding promptly to any complaint and providing reasonable updates to the complainant and the respondent about the status of the investigation;
3. Assisting students who have experienced sexual violence in obtaining counselling and medical care;
4. Providing students who have experienced sexual violence with appropriate academic and other accommodation; and
5. Providing students who have experienced sexual violence with information about reporting options as set out in Appendix 1.

4. Definition of Sexual Violence

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. Sexual Violence, without limiting the generality of the foregoing, includes:

1. 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;
2. Any violence, physical or psychological, carried out through sexual means or by targeting sexuality, including sexual abuse;
3. Criminal harassment (including stalking and cyber bullying).
4. 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;
5. Displaying of pornographic or sexist pictures or materials, including online;
6. Suggestive or offensive remarks;
7. Unwelcome language related to gender;
8. Remarks, jokes, innuendoes, propositions, or taunting about a person’s body, attire, sex or sexual orientation;
9. Leering or inappropriate staring;
10. Bragging about sexual prowess;
11. Physical contact such as touching, patting, or pinching, with an underlying sexual connotation; and
12. 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.

5.    Policy Content

6.     

1.    Support and Services

1. Campus Support: Information about on-campus support services, including academic accommodations, and contact details for relevant officials will be provided. [Designated Official/Office: Student Support Office]
2. Community Support: Information on community-based support services, including local shelters, counseling services, and emergency contacts, will be available.
3. Accommodations: Students affected by sexual violence will be informed of their right to request academic and other accommodations. [Designated Official/Office: Student Support Office]
4. No Mandatory Reporting: Students are not required to report incidents to access support or accommodations.
5. Protection Against Discipline: Students who report an incident of sexual violence in good faith will not face disciplinary action for violations of the school's drug or alcohol policies at the time the alleged sexual violence occurred.

2.    Reporting and Investigation

1. Reporting Process: The policy provides detailed procedures for reporting incidents of sexual violence, including contact information for the designated reporting officials. [Designated Official/Office: Student Support Office]
2. Protection from Retaliation: Measures are in place to protect individuals who report or participate in investigations from retaliation or threats of retaliation.
3. Investigation Process: Clear procedures for investigating complaints are outlined, including the roles and responsibilities of officials involved, the decision-making process, and the rights of the complainant and respondent.
4. Voluntary Participation: Victims may choose not to request an investigation by the school and have the right not to participate in any investigation that may occur.
5. Interim Measures: Examples of interim measures that may be implemented while an investigation is ongoing, such as no-contact orders or changes to class schedules, will be provided.
6. Decision-Making and Outcomes: Examples of potential decisions and measures that may be imposed after an investigation, such as disciplinary actions, will be described.

3.    Training

1. Training for All Parties: Training will be provided to students, faculty, staff, management, and contractors. Training will cover:
   • Reporting procedures
   • Investigation processes
   • Rights and protections under the policy
   • Understanding procedural fairness and confidentiality in investigations
   • How to appropriately handle sensitive information and support victims without bias

4.    Procedural Fairness and Confidentiality

1. Procedural Fairness: The investigation process will include elements of procedural fairness, ensuring a fair and unbiased approach for all parties involved.
2. Confidentiality: Strict confidentiality measures will be in place to protect the personal information of all parties involved in an investigation.

5.    Disciplinary Measures

1. Disciplinary Action: Immediate and appropriate disciplinary action will be taken for confirmed cases of sexual violence, including potential expulsion or termination.
2. Assistance with Legal Proceedings: S&A Sprint Driving School Inc. will assist with police and legal proceedings if applicable.

6.    Making False Statements

1. False Complaints: Making false complaints or providing false information is a violation of this policy and will result in disciplinary action.

7.    Reprisal

1. Protection Against Retaliation: Retaliation against individuals who report or participate in investigations is prohibited and will be addressed through disciplinary measures.

8.    Appeals

• Appeal Process: The complainant or respondent may appeal a decision related to investigations or disciplinary actions by following these steps:

1. Submission:
   • Appeals must be submitted in writing within two days of receiving the decision or disciplinary action.
   • The written appeal should include a complete explanation of the complaint, steps taken to resolve it, and the decision made by the School’s Director.
   • Specifically, the appeal should contain:
     • A detailed description of the grounds for the appeal.
     • Any new evidence, if applicable.
     • The specific outcome being contested and the desired resolution.

2. Review Process:
   • The Director will:
     • Acknowledge receipt of the appeal within 48 hours.
     • Conduct a review of the original investigation and any new evidence submitted.
     • Ensure that the review process is fair, impartial, and confidential.

3. Resolution Meeting:
   • The Director will meet with the complainant or respondent to verify the information and determine if a resolution can be reached.
4. Final Decision:
   • The Director will notify the complainant or respondent of the results and the decision within five business days of receiving the appeal.
   • The decision made by the Director is final and cannot be appealed further.

7. Review

• The policy will be reviewed every three years, with input from students and employees considered during the review process.

8. Data Collection

• S&A Sprint Driving School Inc. Shall collect and be prepared to provide upon request by the Superintendent of Ontario 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. All information provided to the Superintendent does not include personal information within the meaning of the Freedom of Information and Protection of Privacy Act.9. Student Rights During Investigation

Appendix 1: Support Contacts

• Canadian Association of Sexual Assault Centres
  • Ontario Provincial Assaulted Women’s Helpline: 1-866-863-0511
  • #SAFE (#7233) on Bell, Rogers, Fido, or Telus mobile
  • TTY: 416-364-8762
  • Website: www.awhl.org
• Fem’aide
  • Telephone: 1-877-336-2433
  • ATS: 1-866-860-7082
  • Website: www.femaide.ca
• Sexual Assault/Domestic Violence Treatment Centres
  • 35 hospital-based centres providing 24/7 emergency care to women.