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 have these rights. This document outlines the protocol that BITTS follows to ensure a safe working environment for everyone. It safeguards that at any point all members have the right to report any sexual harassment and/or sexual violence that they experience, and their account and 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, to ensure that the campus is a safe space that promotes comfortable work 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 favors
Verbal conduct of a sexual nature
Physical conduct of a sexual nature
Underlining sexual favor 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 may constitute a hostile environment of sexual harassment.

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 under the influence of alcohol or drugs is not fit enough to judge and therefore is unable to give consent.
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.

Application

This policy extends to all individuals at BITTS International Career College, whether they are studying or working at BITTS International Career College, which means all employees and students at BITTS International Career College get these rights.

COMMITMENTS

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.
Addressing destructive tendencies and behaviors that reinforce stigma or blame the person who experienced sexual harassment or sexual violence.
Ensuring that individuals who disclose sexual harassment or sexual violence are treated with compassion, recognizing that they are the final decision makers about their own best interests.
Ensuring that internal investigation procedures are available at work, in case the individual chooses not to make a report to the police about sexual harassment or sexual violence.
Engaging in an appropriate investigation process that ensures fairness.
Creating an atmosphere at college in which sexual harassment and sexual violence is not tolerated.
Monitoring and updating our policies and procedures to ensure that they remain effective and in-line with other top practices.

Training, Reporting, and Responding to Claims of Sexual Harassment and/or Sexual Violence

BITTS International Career College will include a copy of the Sexual Harassment and Violence Policy in the student handbook and will include a statement in every student enrollment contract made between BITTS International Career College and our students indicating where the student can find the policy for review. Also, BITTS International Career College will provide a copy of the Sexual Harassment and Violence Policy to all managers, instructors, employees, and contractors, and will train them about the policy and its processes of reporting, investigating, and responding to complaints of sexual harassment and/or sexual violence involving our students.
The Sexual Harassment and Violence Policy will be published on our website.
Any BITTS International Career College instructor, employee, contractor, or student will immediately report incidents of sexual harassment or sexual violence upon becoming aware of them. Such incidents should be reported to the campus director.
As and when BITTS International Career College becomes aware, or should be reasonably aware, of incidents of sexual harassment and/or sexual violence by an instructor, employee, contractor, and/or student or against an instructor, employee, contractor, and/or student, on the college property, BITTS International Career college will take all reasonable steps to ensure the safety of its employees and students.
BITTS International Career College recognizes the right of the complainant not to report an incident or make a complaint about sexual harassment and/or sexual violence or not request an investigation and not to participate in any investigation that may occur.
Notwithstanding e. [above], where the 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.

Complaint Process and Investigations

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 director. The other officials, offices, or departments that will be involved in the investigation will be decided by the director.

Upon receiving a report or a complaint of alleged sexual harassment and/or sexual violence being made, the director will:

Determine whether an investigation should proceed and if the complainant wishes to participate in an investigation.
Determine who should conduct the investigation regarding the seriousness of the allegation and the parties involved.
Determine whether the incident should be referred immediately to the police.

Right to Withdraw a Complaint

A complainant has the right to withdraw a complaint at any stage of the process. However, the 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.

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 the College respects the confidentiality of all persons, 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 the college 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.

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.

Emergency Contacts for Sexual Assault (Brampton)

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 at 1-866-863-0511. This is a 24-hour crisis line.www.awhl.org

Interim Place (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.