1. Sexual Violence Policy
(a)
Liberty College of Management – London, Ontario Campus (LCM – London) 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.
(b)
LCM – London has adopted this Sexual Violence 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 students.
(c)
The person accused of engaging in sexual violence 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 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.
3. Training, Reporting and Responding to Sexual Violence
(a)
LCM – London shall include an acknowledgment of receipt 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, 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 students.
(b)
The Sexual Violence Policy is posted on the lunchroom bulletin board.
(c)
Career college management, instructors, staff, other employees and contractors of LCM – London will report incidents of or complaints of sexual violence upon becoming aware of them to either:
Roshni Patel – Vice President of Operations or Percy Dastur – Executive Director at:
285 King St Suite 400, London, ON N6B 3M6
(d)
Students who have been affected by sexual violence or who need information about support services should contact either Roshni Patel or Percy Dastur.
(e)
Subject to Section 4 below, to the extent it is possible, LCM – London 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.
(f)
LCM – London 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.
(g)
Notwithstanding (f), in certain circumstances, LCM – London 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.
(h)
In all cases, including (f) above, LCM – London will appropriately accommodate the needs of its students who are affected by sexual violence. Students seeking accommodation should contact either Roshni Patel or Percy Dastur.
In this regard, LCM – London will assist students who have experienced sexual violence in obtaining counselling 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.
4. Investigating Reports of Sexual Violence
Under this Sexual Violence Policy, any student of LCM – London may file a report of an incident or a complaint to either Roshni Patel – Vice President of Operations or Percy Dastur – Executive Director in writing to:
285 King St Suite 400, London, ON N6B 3M6
No other officials, offices or departments will be involved in the investigation.
(a)
Upon receipt of a report of an incident or a complaint of alleged sexual violence being made, either Roshni Patel or Percy Dastur will respond promptly and:
i.
determine whether an investigation should proceed and if the Complainant wishes to participate in an investigation;
ii.
determine who should conduct the investigation having regard to the seriousness of the allegation and the parties involved;
iii.
determine whether the incident should be referred immediately to the police;
iv.
determine what interim measures ought to be put in place pending the investigation process.
(b)
Once an investigation is initiated, the following will occur:
i.
the Complainant and the Respondent will be advised that they may ask another person to be present throughout the investigation;
ii.
interviewing the Complainant within 2 business days 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;
iii.
informing and interviewing the Respondent within 4 business days 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;
iv.
interviewing any person involved or who has, or may have, knowledge of the incident and any identified witnesses within 6 business days of the complaint;
v.
providing reasonable, timely updates to the Complainant and the Respondent about the status of the investigation; and
vi.
following the investigation, both Roshni Patel and Percy Dastur will:
(A)
review all of the evidence collected during the investigation;
(B)
determine whether sexual violence occurred; and if so
(C)
determine what disciplinary action, if any, should be taken as set out in Section 5 below.
5. Disciplinary Measures
If it is determined by LCM – London that the Respondent did engage in sexual violence, immediate disciplinary or corrective action will be taken. This may include:
i.
disciplinary action up to and including termination of employment of instructors or staff;
ii.
expulsion of a student;
iii.
placement of restrictions on the Respondent’s ability to access certain premises or facilities; and/or
iv.
any other actions that may be appropriate in the circumstances.
6. Appeal
(a)
Should the Complainant or the Respondent not agree with the decision resulting from the investigation, he or she may appeal the decision to Roshni Patel or Percy Dastur within 2 business days of receiving the decision by submitting a letter addressed to Roshni Patel or Percy Dastur advising of the person’s intent to appeal the decision.
7. 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.
8. Reprisal
(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.
9. Review
(a)
Liberty College of Management – London shall ensure that student input is considered in the development of its Sexual Violence Policy and every time it is reviewed or amended.
(b)
Liberty College of Management – London shall review its Sexual Violence Policy 3 years after it is first implemented and amend it where appropriate. This date is January 01, 2020.
10. Collection of Student Data
(a)
Liberty College of Management – London 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 32.1 (8), (9), (10) and (11) of Schedule 5 of the Private Career Colleges Act, 2005 as amended.
This template is intended to be a Sexual Violence and Harassment Policy Guideline and does not constitute legal advice.
APPENDIX 1
The following represents a list of Provincial Rape Crisis Centers that could be provided as resources:
Canadian Association of Sexual Assault Centers Ontario – Provincial
|
English 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 Fem’aide Telephone Toll-Free: 1-877-336-2433 ATS: 1 866 860-7082 www.femaide.ca |
Sexual Assault/Domestic Violence Treatment Centers
35 hospital-based centers that provide 24/7 emergency care to women. To locate the Sexual Assault/Domestic Violence Treatment Centre nearest you, follow this link: http://www.satcontario.com/en/locate_centre.php
| Region | Organization | Contact Information | Website |
|---|---|---|---|
| London | Sexual Assault Centre London | Crisis: 519-438-2272 Office: 519-439-0844 TTY: 519-439-0690 Email: sacl@sacl.ca |
www.sacl.ca |
| London | London Abused Women’s Centre | Office: 519-432-2204 Email: info@lawc.on.ca |
http://lawc.on.ca/ |
| London | Anova | 24-Hour Crisis & Support Line: 1-800-265-1576 Office: 519-642-3003 |
www.anovafuture.org |
| St. Thomas | Violence Against Women Services Elgin County | 24-Hour Crisis Line: 519-631-8700 Office: 519-633-0468 |
www.vawsec.on.ca |
| Woodstock | Domestic Abuse Services Oxford | Crisis: 519-539-4811 or 1-800-265-1938 Email: info@daso.ca |
www.daso.ca |
| 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 |
| Chatham | Chatham-Kent Sexual Assault Crisis Centre | 24-Hour Crisis Line: 519-354-8688 Office/TTY: 519-354-8908 |
http://cksacc.org/ |
| Kitchener-Waterloo | Sexual Assault Support Centre of Waterloo Region | Crisis: 519-741-8633 Office: 519-571-0121 Email: info@sascwr.org |
www.kwsasc.org |
| Guelph | Guelph-Wellington Women in Crisis | Crisis: 519-836-5710 or 1-800-265-7233 Office: 519-823-5806 |
www.gwwomenincrisis.org |
| Hamilton | Sexual Assault Centre Hamilton and Area | Crisis: 905-525-4162 Office: 905-525-4573 TTY: 905-525-4592 |
www.sacha.ca |
| Windsor | Sexual Assault Crisis Centre of Essex County | Crisis: 519-253-9667 | www.saccwindsor.net |