SEXUAL VIOLENCE HARASSMENT POLICY

Purpose

Every individual at BITTS International Career College has, as part of his/her legal and human rights, the right to work in an environment free from any form of sexual harassment and/or sexual violence. Both students and employees are entitled to these rights. This document outlines the protocol that BITTS International Career College follows to ensure a safe working environment for everyone. It safeguards that at any point, all BITTS employees, students, and team members have the right to report any sexual harassment and/or sexual violence that they experience and be given their rights will be given due respect.

BITTS International Career College follows the due procedures of investigation to address all such grievances and take appropriate action against the accused.

Policy Statement

BITTS International Career College has zero tolerance for sexual harassment and/or sexual violence in any form. BITTS International Career College extends the right to function in a safe environment to all its employees and students, and to ensure that the campus is a safe space that promotes a comfortable work or study culture. All reported incidents are dealt with seriously, and are investigated in the most able, fair, confidential, and unbiased manner. Sexual harassment and/or sexual violence can arise between individuals regardless of sexual orientation, age, and gender identity or relationship status as articulated in the Ontario Human Rights Code. BITTS International Career College commits itself to deal with such incidents without any prejudice, ensuring a safe and positive space for all employees and students.

DEFINITIONS

Sexual Harassment

Sexual harassment is any interaction between individuals, regardless of gender, that can be characterized as unwelcome sexual advances or misconduct. This includes but is not limited to:

Requests for sexual favours.
Verbal conduct of a sexual nature
Physical conduct of a sexual nature
Underlining sexual favour as a condition for an employee’s employment or student’s enrollment
Suggesting that rejection of sexual advances will affect decisions about that individual
Creating a sexually intimidating or offensive working environment, or…
Creating a sexually degrading, humiliating, or hostile work environment for any individual. Generally, a single sexual joke, offensive epithet, or request for a date does not constitute a hostile environment of sexual harassment. However, being subjected to such jokes, epithets, or requests on more than one occasion can constitute a hostile environment of sexual harassment.
Behaviour that is hostile in nature, and/or intends to degrade an individual based on personal attributes, including age, race, nationality, disability, family status, religion, gender, sexual orientation, and/or any other human rights protected grounds.
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.
Reprisal or a threat of reprisal for the rejection of a sexual solicitation or advance where the reprisal is made or threatened by a person in a position to confer, grant or deny a benefit or advancement to the person.
Unwelcome remarks, jokes, innuendoes, propositions, or taunting about a person’s body, attire, sex, or sexual orientation, and/or based on religion.
Suggestive or offensive remarks
Bragging about sexual prowess
Offensive jokes or comments of a sexual nature about an individual
Unwelcome language related to gender
Displaying of pornographic or sexist pictures or materials
Leering—i.e. suggestive persistent staring
Physical contact such as touching, patting, or pinching, with an underlying sexual connotation
Sexual assault

Sexual Violence

Sexual violence means any sexual act of targeting a person’s sexuality, gender, or identity. This act could be physical or psychological in nature, and is committed, threatened, or attempted against a person without the person’s consent, and includes sexual harassment, stalking, indecent exposure, voyeurism, and sexual exploitation.

Consent

The freedom and choice to choose between agreeing or disagreeing to engage in a sexual activity without fear of being penalized is understood to be consent. The willingness to choose, and use of explicit words to convey that choice indicate that sexual activity is mutually agreed upon.

It is extremely essential that individuals understand the following details:

Silence or non-verbal communication cannot be interpreted as consent.
A person with weakened decision-making abilities during sleep, unconsciousness or incapacitation is not fit enough for consent. Therefore, any affirmation during that period does not hold value.
Consent does NOT involve a person being forced to agree under any kind of threat or coercion.
A person with mental disability is not able to fully comprehend the nature of sexual activities and therefore cannot be deemed fit for consent.
Any consent in the past cannot be used as a permit for all future relations or sexual activity.
All individual warrant the right to withdraw consent during any stage or phase of a sexual encounter.
A person may be incapable of giving consent to a person in a position of trust, power, or authority.
Consent cannot be given on behalf of another person.

Any nature of sexual activity or relation is prohibited between people who hold authority or power over another in the campus. For instance:

A sexual relationship between an employee and a student is prohibited, as a teacher has professional responsibilities to execute.
Likewise, any sexual relationship between two employees, where one is a sub-ordinate and the other a supervisor must be reported to the management to address any conflict of interest.

Survivor

Anyone who has experienced sexual harassment or sexual violence can be termed a survivor. Individuals might be more familiar with the term “victim”. The term survivor is used throughout this policy where relevant as someone who has experienced sexual harassment or sexual violence believe they have overcome the violent experience and do not wish to identify it as victimization. The individual experiencing such situations have the right to choose how they wish to be identified.

Sexual Misconduct

Sexual misconduct means in relation to faculty and employee actions towards students:

Physical sexual relations with the student, touching of a sexual nature of the student or behaviour or remarks of a sexual nature toward the student by an employee where…
- the act constitutes an offence under the Criminal Code (Canada).
- the act infringes the right of the student under clause 7 (3) (a) of the Human Rights Code to be free from a sexual solicitation or advance, or…
- the act constitutes sexual misconduct as defined in this policy and procedure, the college’s Anti-Violence, Harassment & Discrimination policy, and procedure, or…
any conduct by an employee of the private career college that infringes the right of the student under clause 7 (3) (b) of the Human Rights Code to be free from a reprisal or threat of reprisal for the rejection of a sexual solicitation or advance.

College Members

These are all individuals included in the scope of this Policy. May include both students and employees.

Policy Principles

BITTS International Caree College has zero tolerance for sexual harassment, sexual misconduct, and/or sexual violence in all its forms. Furthermore, BITTS International Caree College commits to:

Being knowledgeable of all related legislation.
Training College employees on this policy.
Taking all reasonable precautions to prevent sexual harassment and sexual violence.
Providing a safe space where employees and students feel able to work, learn and express themselves in an environment free from sexual harassment, sexual misconduct, and sexual violence.
Acting immediately if incidents of sexual harassment and/or sexual violence, are observed.
Acting immediately to investigate all reported incidents of sexual harassment, sexual misconduct, and/or sexual violence to the best of BITTS International Career College’s ability in a prompt, confidential, and impartial manner.
Assisting those who have experienced sexual harassment, sexual misconduct, or sexual violence by providing choices, including detailed information and support, such as the provision of and/or referral to counselling and medical care, and appropriate academic and other accommodation.
Ensuring that those who disclose they have been sexually harassed or experienced sexual violence, or sexual misconduct are taken seriously, and that their right to dignity and respect is protected throughout the process of disclosure, investigation, and institutional response.
Addressing harmful attitudes and behaviours that reinforce that the person who experienced sexual harassment, sexual misconduct, or sexual violence is somehow to blame for what happened.
Treating individuals who disclose sexual harassment, sexual misconduct, or sexual violence with compassion, recognizing that they are the final decision makers about their own best interests.
Ensuring that internal investigation procedures are available in the case of sexual harassment, sexual misconduct, or sexual violence, even when the individual chooses not to make a report to the police.
Engaging in an appropriate investigation process that ensures objective and due process.
Contributing to the creation of a college atmosphere in which sexual harassment, sexual misconduct, and sexual violence are not tolerated.
Administrating any disciplinary actions that are required or expulsion.
Informing College members that they have the right to file a complaint directly with the Human Rights Tribunal of Ontario, the Ministry of Labour or report it directly to the local police authorities or take any other course of action.

Application

BITTS International Career College will incorporate a copy of the Sexual Harassment, Sexual Misconduct, and Sexual Violence Prevention Policies into the Student and Employee Handbooks. A statement will be included in every student enrollment contract, indicating where the policy can be reviewed. The College will also provide a copy of the policy to all managers, including corporate directors, owners, partners, other individuals who manage or direct BITTS International Career College’s affairs, and their agents, instructors, employees, and contractors. Furthermore, the College will train these individuals on the policy and its procedures for reporting, investigating, and responding to complaints of sexual harassment and/or sexual violence involving our students.
- Any BITTS International Career College member who has experienced sexual harassment, sexual misconduct, and/or sexual violence is encouraged to report the incident as soon as possible. Incidents should be reported to a manager including the campus director.
- Informing BITTS International Career College everyone they have the right to file a complaint directly with the Human Rights Tribunal of Ontario, the Ministry of Labour or report it directly to the local police authorities or take any other course of action.
- BITTS International Career College Offering support to those who have experienced sexual harassment or sexual violence by providing appropriate information and referrals for counselling and medical care, as well as providing suitable accommodation.
- Ensuring that those who disclose they have been sexually harassed or experienced sexual violence are believed, and that their right to dignity and respect is protected throughout the process of disclosure, investigation, and institutional response.
- Ensuring that internal investigation procedures are accessible at college for individuals who choose not to report sexual harassment or sexual violence to the police.
A complaint of sexual harassment and/or sexual violence can be brought forward under this policy by any employee or student. All formal complaints should be made in writing to the manager including the Campus Director. The other officials, offices, or departments that will be involved in the investigation will be decided by the manager and director.
Upon receiving a report or a complaint of alleged sexual harassment and/or sexual violence being made, the manager and director will:

Determine whether an investigation should proceed and if the complainant wishes to participate.
Assess who should conduct the investigation based on the seriousness of the allegation and the parties involved.
Decide whether the incident should be immediately referred to the police.
If a student is not satisfied with BITTS International Career College’s resolution of his or her complaint in accordance with the procedure set out in subsection (1), the student may refer the matter to the Superintendent and shall include in his or her application to the Superintendent a copy of the record referred to in clause.

Right to Withdraw a Complaint

A complainant has the right to withdraw a complaint at any stage of the process. However, BITTS International Career College may continue to act on the issue identified in the complaint to comply with its obligation under this policy and/or its legal obligations.

Any company participating in offering student internships on their premises must provide an undertaking in writing that it follows all applicable legislation, including the respective provincial Human Rights Code and the Occupational Health and Safety Acts and will provide students access to those policies should they encounter issues relating to sexual harassment and/or sexual violence in the workplace.

Disciplinary Measures

If it is resolved that the Respondent did engage in sexual harassment and/or 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 given circumstances.

Making False Statements

If a person, in good faith, discloses or files a sexual harassment and/or sexual violence complaint that is not supported by evidence gathered during an investigation, that complaint will be dismissed, and no record will be placed in the complainant’s or respondent’s file. Disclosures or complaints that are found following investigation to be frivolous or made to purposely to annoy, harm, or malign the reputation of the respondent, may result in disciplinary action against the complainant. Individuals who violate this Sexual Harassment and 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.

Confidentiality

Confidentiality is particularly important to those who have disclosed sexual harassment and/or sexual violence concerns. The confidentiality of all persons involved in a report of sexual harassment and/or sexual violence must be strictly observed, and BITTS International Career College respects the confidentiality of all people, including the complainant, respondent, and witnesses. Information provided by complainants is treated as confidential but may be shared as is reasonably necessary to investigate the complaint and/or as may be required by BITTS International Career College’s policy and/or applicable law.

Confidentiality will be maintained by:

Ensuring that all complaints/reports and information gathered in the complaint/reports will only be made available to those who need to know for the purposes of the investigation, implementing safety measures and other circumstances that arise from any given case, and…
Ensuring that the documentation is kept in a separate file from that of the complainant or the respondent.

Appeal

If the complainant or respondent disagrees with the decision resulting from the investigation, they may appeal within seven (7) business days by submitting a letter addressed to the director, stating their intent to appeal the decision.

Statement

Students who disclose their experience of sexual violence—whether through reporting an incident, making a complaint, or accessing supports and services—will not be asked irrelevant questions during the investigation process by BITTS International Career College’s staff or investigators. This includes questions about the student's sexual expression or past sexual history.

If BITTS International Career College members, in good faith, report an incident of, or make a complaint about, sexual harassment/violence or sexual misconduct, they will not be subject to discipline or sanctions for violations of the College’s policies relating to drug or alcohol use not be subject to discipline or sanctions for violations of the College’s policies relating to drug or alcohol use at the time the alleged sexual harassment/violence/misconduct occurred.

Review

BITTS International Career College shall ensure that staff/student input is considered in the development of its Sexual Harassment and Sexual Violence Policy every time it is reviewed or amended. BITTS International Career College will review its Sexual Harassment and Sexual Violence Policy every three (3) years.

If an employee of BITTS International Career College commits an act of sexual misconduct toward a student and that employee is discharged by BITTS International Career College for that act or the employee resigns from their employment, BITTS International Career College shall not subsequently re-employ the employee.

BITTS International Career College shall collect and be prepared to provide upon request by the respective provincial ministry/department such data and information as required according to the respective act(s), as amended.

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/

Assaulted Women’s Helpline

1-866-863-0511—a 24-hour crisis line. www.awhl.org

Interim Place, an institution for women who has experienced domestic violence.
Phone: 905-676-8517, 905-403-0864

Peel Regional Police

Peel Regional Police is the second largest municipal force in Canada with 1,966 officers and close to 807 civilian members and 32 million travelers annually. Within the Peel Regional Police, the Special Victims Unit responds to calls for service related to child abuse and sexual assault.

Special Victims’ Unit contact: 905-453-3311 ext. 3460.
Domestic/Family Violence Bureau contact: 905-453-3311 ext. 3614

http://www.peelpolice.on.ca/en/aboutus/specialvictimsunit.asp

Victim Services of Peel

Victim Services of Peel provides 24-hour crisis support to individuals living in Brampton and Mississauga who are victims of crimes. Victims are supported from an equality-based perspective and a victim-centered approach. There is immediate crisis intervention counselling and advocacy.

http://www.vspeel.org

Sexual Assault Rape Crisis Centre of Peel

The Sexual Assault/Rape Crisis Centre of Peel were established through the efforts of Peel Committee on sexual Assault. The center offers a 24/7 Crisis and Support Line which is confidential. Services include free, individual, and group counseling and public education, which focus on enhancing community awareness of issues related to sexual violence and other forms of oppression.

www.sarccp.org/

Family Transition Place

Family Transition Place is working to raise respect in relationships and eliminate violence in the community. This is done by providing shelter and counselling to abused women and their children as well as through skill-building education for youth, women and men to help them build healthy relationships.