Anti – Sexual Violence and Harassment Policy
(According to the: Private Career Colleges Act, 2005. ONTARIO REGULATION 415/06. General)
Robert Health Institute provide Anti-Sexual Violence and Harassment Policy that must be zero tolerance for Sexual Violence and Harassment to students and school staffs; one incidence of Institute Sexual Violence and Harassment is too many. This policy will be reviewed and amended as at least once every three years according to updated Private Career Colleges Act, 2005. ONTARIO REGULATION 415/06. General, 36.0.1-2. All staffs and students of the Robert Health Institute have a right to work and study in an environment that is free from any form of Sexual Violence and Harassment. Proven claims of harassment, violence or discrimination will result in disciplinary action being taken, up to and including immediate expulsion.
2. Purpose and Intent of the Policy
This policy and protocol set out the process in which we follow and address Sexual Violence and Harassment Action Plan Act, 2016, and Private Career Colleges Act, 2005. ONTARIO REGULATION 415/06, General, 36.0.1-2. Discrimination and harassment are violations of the Human Rights Code and will not be tolerated at Robert Health Institute. It ensures that the RHI deal with investigation that protects the rights of individuals and holds individuals who have committed an act of sexual violence accountable.
3.1 The sexual harassment generally has been defined as “engaging in a course of vexatious comments or conduct of a sexual nature that is known, or ought reasonably to be known, to be offensive.” It is deliberate and/or repeated unsolicited comments, questions, representations and/or physical contact of a sexual nature. The Canadian Human Rights Commission broadly defines harassment, some of which is sexual in nature, as follows:
- Verbal abuse or threats
- Unwelcome remarks, jokes, innuendos or disrespectful comments about a person’s body, clothing, age, marital status, ethnicity or religious background
- Showing offensive or disrespectful pictures
- Jokes that cause embarrassment or awkwardness
- Unwelcome invitations or requests
- Leering or other similar gestures
- Condescending behavior that takes away a person’s self-respect
- Unnecessary physical contact
3.2 Harassment does not have to take place only during class; if the harassment occurs during school events, it still qualifies. Following conduct or comments not considered to be harassment:
- Insisting upon performance standards or providing feedback to students regarding their performance
- Conducting written appraisals
- Equally and consistently enforcing policies and procedures
- Robert Health Institute has a very strict policy for sexual (and all other types of) harassment.
- All students are expected to refrain from acts of sexual harassment against other students and
- individuals with whom they have contact on a day-to-day basis during their time of enrolment.
- Students have a specific procedure to follow in the event they are subject to sexual harassment.
- It is the responsibility of all individuals to be sensitive to the possible existence of sexual
- harassment, and to act quickly and appropriately to put an end to it. That includes bringing it to
- the attention of the management if necessary.
- Students who have engaged in sexual harassment of others will be subject to appropriate disciplinary
- Robert Health Institute will appropriately accommodate the needs of students who are affected by sexual violence. (O. Reg. 132/16, s. 3.).
5.1 Data collection and following regulations:
In accordance with the Private Career Colleges Act, 2005. ONTARIO REGULATION 415/06, General, 36.0.1-2, and in aligned with O. Reg. 132/16, s. 3., Sexual Violence and Harassment Action Plan Act 2016, Ontario Human Rights Code, Ontario Health and Safety Act. We will collect data and other information relating to the following:
- The number of times support services and accommodation relating to sexual violence were
- requested and obtained by students.
- Information about the support services and accommodation.
- Any initiatives and programs established by our Institute to promote awareness of the supports and services available to students.
- The number of incidences and complaints and the implementation and effectiveness of this policy.
5.2 We are committed to:
We are committed to challenging and preventing sexual violence by:
- Creating a safe space for anyone in our Institute community free affected by sexual violence and, in keeping with our core value of being a learning community, by raising awareness of sexual and gender violence as a social problem.
- We are definitely committed to creating a safe and positive space where all members of the Institute community feel able to work, learn and express themselves in an environment free from sexual and gender-based violence.
- Assisting those who have been affected by sexual violence by providing choices, including detailed information and support, such as provision of and/or referral to counselling and medical care, information about legal options.
- Ensuring that those who disclose that they have been sexually assaulted are believed, and that their right to dignity and respect is protected throughout the process of disclosure, investigation and institutional response.
- Addressing harmful attitudes and behaviors (e.g., adhering to myths of sexual violence) that reinforce that a person who is affected by sexual violence is somehow to blame for what happened.
- Treating individuals who disclose sexual violence with compassion, recognizing that they are the final decision-makers about their own best interests.
- Ensuring that on-campus (internal) investigation procedures are available in the case of sexual violence, even when the individual chooses not to make a report to the police.
- Engaging in appropriate procedures for investigation and adjudication of a complaint which is in accordance with Institute policies, standards and applicable collective agreements, and that ensure fairness and due process.
- Engaging in public education and prevention activities. Providing information to the Institute community focuses on our sexual violence policies and protocols.
- Providing appropriate education and training to the Institute community about responding to the disclosure of sexual violence.
- Contributing to the creation of a campus atmosphere in which sexual violence is not tolerated.
- Monitoring and updating our policies and protocols to ensure that they remain effective and in-line with other existing policies and best practices.
6.1 Procedure for Responding to an Incident of Violence
- Students should call the local emergency number (911) or the police if a situation is deemed
- life-threatening or potentially harmful to the individual,
- Students should speak to their instructor or the Director of Student/Staff office immediately.
- Robert Health Institute ’s administration will gather the facts of the incident.
- Robert Health Institute ’s President will be contacted and the facts of the incident reviewed.
- Robert Health Institute ’s President will identify the lead role, determine an action plan, assign responsibilities and follow up.
- A file that contains all of the information regarding the incident will be created.
6.2 Complaint Procedures
- Reporting: If a student is being harassed, he/she should report it to his/her instructor. If the instructor is involved in the complaint, the student should report to the Director of Student/Staff office. If for some reason, the Director of Student/Staff office is not available, the student might report to the campus administrator or president directly. As an alternative way, the student may be able to go to the police (for a case of sexual or physical assault) or go directly to the Canadian Human Rights Commission. Once someone reports harassment, there will be questions asked to determine the details of the situation. Official notes of this conversation will be kept.
- Mediation: In many cases, it is a better choice to attempt mediation as a resolution rather than a formal investigation. If the parties involved agree to the mediation, a professional can be called in to help address the issue. The parties may also agree to an impartial company employee assisting in mediation. Whoever the mediator is, that person must not be involved in the actual investigation or asked to represent the company in any legal proceedings.
- Investigation: If the institute is not able to resolve things using mediation, a formal complaint process will be followed. An individual who is specifically trained for such situations will conduct the investigation. He/she will interview the complainant, the alleged harasser and any witnesses. All students have a responsibility to cooperate with the investigation. Both the student and the accused have the right to be accompanied to any interviews or meetings by someone with whom they feel comfortable.
All investigations will involve:
- Gathering all necessary details directly from the complainant. Providing the details to the alleged harasser and giving them an opportunity to respond to the allegations.
- Interviews/questions asked of any potential witnesses.
- Consideration of all details gathered in order to determine if the harassment did actually occur (based on a balance of probabilities).
- Providing recommended remedies for the situation.
- Substantiated Complaints: If the investigator finds the complaint to be valid, he/she will report in writing to the administrator, ideally within a week of completing the investigation. The investigator will recommend appropriate remedies, disciplinary action and any other necessary action. The administrator will make the final decision on the consequences. Ideally, within a week’s time, the administrator will provide a decision, in writing, to all parties involved.
- Remedies for the Victim: The individual on the receiving end of harassment may be eligible for specific remedies. These are dependent on the severity and nature of the harassment, and include:
- An apology from both the harasser and from Robert Health Institute
- Reimbursement of tuition fees or other losses
- A guarantee that he/she will not be expelled or have a diploma denied
- Corrective Action for Harassers: The individual who was found guilty of committing the harassment may be eligible for specific corrective actions. These are dependent on the severity and nature of harassment, and include:
- A written disciplinary notice to be kept in their file
- A fee
- Mandatory attendance at anti-harassment course sessions
- Unsubstantiated Complaints: If there is not enough evidence to support an allegation of harassment, the investigator will not recommend any penalties or remedies.
- Retaliation: Retaliation of any kind will absolutely not be tolerated. If an individual retaliates in any way against Robert Health Institute or an individual involved in a harassment complaint, that person will be subject to the same penalties as the original harasser.
- Confidentiality: Robert Health Institute will never disclose any details of a situation involving harassment, except as necessary to investigate the complaint, to take disciplinary action or to remain in compliance with the law. Robert Health Institute requires instructors, the director of Student/Staff office, administrator, and all other personnel to respect confidentiality in the same way.
- Time Limits: Instructors, the director of Student/Staff office, administrator, and other personnel are responsible for stopping harassment as soon as they become aware of it. Complaints should be taken seriously and resolved as quickly as possible. Complainants should be aware that there is a one-year limit for filing a complaint with the Canadian Human Rights Commission.
7. Regulation Amendments to Sexual Violence Policy
On January 1, 2017, the day Section 1 of Schedule 5 to the Sexual Violence and Harassment Action Plan Act (Supporting Survivors and Challenging Sexual Violence and Harassment) 2016 came into force, Part VII of the Regulation was amended with the addition of the following sections (See: O. Reg. 132/16, s. 3):
7.1 Accommodation for Victims of Sexual Violence (O. Reg. 36.0.1)
7.1.1 Robert Health Institute shall appropriately accommodate the needs of students who are affected by sexual violence. O. Reg. 132/16, s. 3.
7.1.2 Robert Health Institute does not charge a fee for the provision of supports, services or accommodation to students who are affected by sexual violence, or for referring a student to any such supports or services that are available off the premises. O. Reg. 132/16, s. 3.
7.2 Sexual Violence Policy (O. Reg. 36.0.2)
7.2.1 Robert Health Institute will ensure that its Anti-Sexual Harassment and Violence Policy:
- Provides information about the support and services available at Robert Health Institute or through its agent for students who are affected by sexual violence, and identifies the specific official, office or department at Robert Health Institute that should be contacted to obtain such supports and services.
- Provides information about the supports and services available in the community for students who are affected by sexual violence.
- Informs students that Robert Health Institute will appropriately accommodate the needs of students who are affected by sexual violence, and identifies the specific official, office or department at Robert Health Institute that should be contacted to obtain such accommodations.
- Informs students that they are not required to report an incident of, or make a complaint about, sexual violence under the process referred to in paragraph (1) of subsection (2) in order to obtain the supports and services referred to in clause (a) or the accommodation referred to in clause (c); and
Note: On March 1, 2022, subsection 36.0.2 (1) of the Regulation is amended by striking out “and” at the end of clause (7.2.4 ) and by adding the following clause: (See: O. Reg. 647/21, s. 1 (1))
(188.8.131.52) informs students that if they, in good faith, report an incident of, or make a complaint about, sexual violence, they will not be subject to discipline or sanctions for violations of the private career college’s policies relating to drug or alcohol use at the time the alleged sexual violence occurred; and
- Includes the information set out in subsection (2) respecting Robert Health Institute’s process for responding to and addressing incidents and complaints of sexual violence, as required by clause 32.1 (2) (b) of the Act. O. Reg. 132/16, s. 3.
7.2.2 For the purposes of clause O. Reg. 36.0.2 (1)(e) or (184.108.40.206), a sexual violence policy shall include the following information:
- The process to be followed by persons who wish to report an incident of, or make a complaint about, sexual violence, including the specific official, office or department to which the incident should be reported or the complaint should be made.
- Examples of the measures that may be implemented for the purpose of protecting a person reporting an incident of, or making a complaint about, sexual violence from retaliation and the threat of retaliation.
- The process for deciding whether an incident or complaint of sexual violence will be investigated by Robert Health Institute.
- The statement that a victim may choose not to request an investigation by Robert Health Institute, and has the right not to participate in any investigation that may occur.
- The investigation and decision-making processes at Robert Health Institute that will take place if an incident or complaint of sexual violence is investigated.
- The specific officials, offices or departments that will be involved in each stage of the investigation and decision-making processes.
- A description of the elements of procedural fairness that will be part of the investigation and decision-making processes.
- The statement that a party to an investigation or decision-making process has the right to have a person present with him/her at every stage of the process.
- Examples of the interim measures that may be implemented while an incident or complaint is being investigated or a decision is being made regarding the incident or complaint.
- Examples of the decisions that may be made and measures that may be imposed after an incident or complaint is investigated.
- The measures that will be implemented to protect and keep confidential the personal information of the persons involved in the investigation of an incident or complaint.
- A description of the appeal processes that may be available related to decisions resulting from the investigation process.
- The roles and responsibilities of the corporate directors, controlling shareholders, owners, partners, others who manage or direct the affairs of Robert Health Institute, agents, students, instructors and other employees upon becoming aware of incidents or complaints of sexual violence. O. Reg. 132/16, s. 3.
Note: On March 1, 2022, subsection 36.0.2 (2) of the Regulation is amended by adding the following paragraph: (See: O. Reg. 647/21, s. 1 (2)) 220.127.116.11.
- A statement that students who disclose their experience of sexual violence through reporting an incident of, making a complaint about, or accessing supports and services for sexual violence, will not be asked irrelevant questions during the investigation process by the private career college’s staff or investigators, including irrelevant questions relating to the student’s sexual expression or past sexual history.
7.2.3 The Sexual Harassment and Violence Policy will be published on Robert Health Institute ’s update website.
7.2.4 Robert Health Institute will provide or make available training on its sexual violence policy to the following persons: O. Reg. 132/16, s. 3
- Corporate directors, controlling shareholders, owners, partners and other persons who manage or direct the affairs of Robert Health Institute, and their agents.
- Instructors, staff and other employees and contractors of Robert Health Institute
- Students enrolled at Robert Health Institute.
7.2.5 The course shall include information on Robert Health Institute’s process for responding to and addressing incidents and complaints of sexual violence, including the elements set out in subsection (2). O. Reg.132/16, s. 3.
7.2.6 If Robert Health Institute’s Sexual Harassment and Violence Policy conflicts with its Expulsion Policy, the Sexual Harassment and Violence Policy prevails. O. Reg. 132/16, s. 3.
8. Anti-Harassment Policy Education
To ensure protection against victimization or retaliation for students who complain of harassment
or who testify in an investigation, Robert Health Institute will take proactive measures as detailed below. The institute
will communicate and circulate details of the policies to all instructors and managers, current and
- Staff meetings
- Memos or email
- Posters and brochures
While everyone on campus has a role to play in responding to incidents of sexual violence, which may include:
- Sexual Violence Response Advisor will be the case manager and main support to the person who has experienced sexual violence.
- Counsellors are available to provide psychological and emotional support and make referrals to other services.
- Faculty, staff and administrators support the facilitation of those who have been affected by or who have experienced sexual violence and those who have been accused of sexual violence.
- Public Safety & Security to assist in providing safety plans and support in investigations
- The management of Robert Health Institute will ensure that all students are in an environment free from all forms of harassment, violence and threats. The Management Team at Robert Health Institute will respond to every incident of actual or potential violence immediately, in a manner that is proportionate to the seriousness of the situation. Any violent behavior or action, as well as any verbal threat of violence, will be evaluated with the utmost level of seriousness and can be considered grounds for expulsion. Penalties may be assigned to both the company and the instructor or manager in question, even in situations where they are not involved in the situation. For example, an instructor who doesn’t do anything to prevent harassment or to mitigate its effects may find himself/herself facing financial and legal consequences.
- If all students and employees comply with the Sexual Harassment and Violence Policy and immediately report any incidents of harassment and violence, everyone can continue to experience a safe and comfortable environment. All students have a responsibility to treat each other with respect and to speak up if they or others are being harassed. All students have a responsibility to report harassment to the appropriate person. They are responsible for working together in a professional manner and resolving issues in a nonviolent manner.
- All threats of (or actual) violence, both direct and indirect, should be reported as soon as possible to any member of the administration. This includes threats by other students, as well as threats by vendors, solicitors or other members of the public. When reporting a threat of violence, students should be as specific and detailed as possible. Students must also cooperate with the investigation of a violent incident. Anyone who has evidence or information on an investigation must provide that information to the management involved in the investigation. Beyond reporting this information, it should be kept confidential, except when sharing it is necessary to deal effectively with the issue.
11. Provincial Rape Crisis Centers
The following is a list of provincial rape crisis centers that could be used as a resource in the occurrence of sexual violence:
11.1 Durham Region- Durham Rape Crisis Centre
Crisis: (905) 668-9200
Office: (905) 444-9672
11.2 Guelph-Wellington Women in Crisis
Crisis: (519) 836-5710
Office: (519) 823-5806
11.3 Toronto Rape Crisis Centre/Multicultural Women Against Rape
Crisis: (416) 597-8808
Office: (416) 597-1171
11.4 Windsor – Sexual Assault Crisis Centre of Essex County
Crisis: (519) 253-9667