Purpose:  Private Career College students have a right to study in an environment free of  sexual violence. This document sets out policy on sexual  violence involving our students.  It ensures that those affected by sexual violence are believed and appropriately accommodated and ensures that the College has a process of investigation that protects the rights of individuals and holds individuals who have committed an act of sexual violence accountable

The Scope:  The policy applies to complaints of  sexual violence  that have been occurred on Empire College  Canada of Health and Business campus or at a  one of our  events and involve our students.

Definitions :

Sexual  violence:  The  policy prohibits the  sexual  violence  which means any sexual act  targeting a person’s  sexuality,  gender identity,  or gender expression,  whether that act is physical,  psychological in nature, that is committed,  threatened or attempted  against a   person without the persons consent, and includes sexual  assault,  sexual  harassment , stalking, indecent exposure, voyeurism  and sexual exploitation.

Sexual assault: A criminal offence under the Criminal Code of Canada. Sexual assault is any type of unwanted sexual act done by one person to another that violates the sexual integrity of the victim and involves a range of behaviors from any unwanted touching to penetration. Sexual assault is characterized by a broad range of behaviors that involve the use of force, threats, or control towards a person, which makes that person feel uncomfortable, distressed, frightened, threatened, or that is carried out in circumstances in which the person has not freely agreed, consented to, or is incapable of consenting to.

Sexual Harassment:  A broad range of actions not including assault as it is described in the Criminal Code, but that can include sexual assault (unwanted physical acts). Sexual harassment refers to one or a series of comments or behaviors related to gender, or of a sexual nature that is known or ought to reasonably be known to be unwelcome, unwanted, offensive, intimidating, hostile, or inappropriate.

Policy Objective: Sexual assault and  violence  in any form will not be tolerated at Empire College Canada . College will provide a copy of   the policy to   our students, and educate them  together with  our  career college management and contractor  about this policy and  how to identify  situation that involve or could progress into sexual  violence against our students and how to  reduce it.

Students are not required to report an incident of, or make a complaint about, sexual violence or harassment to obtain supports, service, or accommodation.

Where a complaint  has been made, under this policy of sexual  violence. College will  take all of  reasonable steps to investigate it , including as follows:

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

Reporting and  Responding  to Sexual  Violence: Empire College Canada  will take all reasonable steps to prevent sexual violence involving our students  on our campus or events by reporting immediately  to the management if  our students have  been subject to, or  they witnessed  or have  knowledge of sexual  violence  involving our students, or  have reason to believe  that sexual violence  has occurred or may  occur which  involve our students.

Management  will attempt to  keep all  information disclosed confidential except in those circumstance  it believes an  individual is at imminent risk of self harm, or  harming another, or there are reasonable grounds to believe  that other on our  campus or the broader community  is at  risk.

Empire College Canada recognize the rights of the  complainant  to determine  how her or his  complaint will be  dealt  with. However, in  certain circumstances , Empire College Canada  may required by law  or its internal  policies to initiate an  internal investigation and/or  inform police without the consent, if it  believes the  safety of the members of its campus or the broader community at risk. A complainant  seeking  accommodation should  contact management.

Investigation Report of Sexual  Violence:  Complaint  of sexual  violence  may be filed under this policy, by any students of our  career college to the management. Empire College Canada  may  initiate  an investigation  including as follows:

1. a) To determine  whether  incidence should be referred to police immediately
2. b) Determine what interim measures , if any,  need to be taken during the investigation.
3. c) Meeting with the complainant to determine the date  and time of the incident,  the person involved , the name  of any  person  who witnessed the incident and   complete  description  of what happened
4. d) Interviewing the complainant , any  person involved in the  incident and any  identifiable witnesses.
5. e) Interviewing any other person  who has knowledge of incident  related to the  complaint.
6. f) Informing the respondent of the complaint,  providing details of the  allegation and  giving the respondent an opportunity to respond to  those allegation
7. g) Providing reasonable  updates  to the complainant  and the  respondent about the  status of the investigation
8. h) Determining what  disciplinary action, if any, should be taken
9. i) If students, 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.
10. j) 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.

Disciplinary Measures:  If it is determine by college that  a student of our career college  has been involved in  sexual violence, immediately disciplinary or correction will be taken  up to and including termination of employment of instructor or staff or expulsion of a student.

In  case where criminal  proceeding are initiated, Empire College Canada  will assist police  agencies, lawyer, insurance companies and   court to the fullest  extent. Where criminal and /or civil  proceeding are  commenced in respect of  allegation of sexual  violence  may conduct its own independence investigation and make  its  own  determination in accordance with its own polices and procedure.

Making false Statement: It  is  violation of this policy for anyone  to knowingly make a false complaint of sexual violence or to provide   false information about a complaint. Individual who violate  this policy are subject to disciplinary and/or  corrective action up to and including termination of employment  of instructors or staff expulsion of  student.

Reprisal: It is  violation of this policy to retaliate  or threaten to  retaliate against a complainant who has brought forward a complaint of sexual violence, providing information related to  a complaint, or  otherwise  been involved on the  complaint  investigation process.

Collection  of student data: Empire College Canada will collect and be prepared  to provide upon request by the Superintendent of  Private Career College such data  and information as requires according to Subsection 32. 3(8), (9) and (10) of Schedule 5 of the Private Career College Act 2005 as amended.

Resources:

Appendix 1

Lists of provincial rape  crises centers which could be provided as  resources.

Region in Ontario:

Algoma (Sault Ste. Marie) ,- Women In Crisis Algoma 1-877-759-1230 705-759-1230

Belleville-Quinte , -Sexual Assault Centre for Quinte & District,  1-877-544-6424

Brant,  -Sexual Assault Centre of Brant,  519-751-3471 519-751-1164

Bruce County, Women’s House Serving Bruce and Grey: Sexual Assault Services 1-866-578-5566 519

372-1113

Chatham-Kent,- Chatham-Kent Sexual Assault Crisis Centre 519-354-8688,  519-354-8908

Cornwall,- Sexual Assault Support Services for Women, Cornwall English: 613-932- 1603 French: 613-932-1705 613-932

Halton (Oakville)- Sexual Assault & Violence Intervention Services of Halton ,905-875-1555 and  906-825 3622

Hamilton -Sexual Assault Centre Hamilton & Area (SACHA) , 905-525-4162 and 905-525-4573

Waterloo -Sexual Assault Support Centre of Waterloo Region 519-741-8633 and 519-571-0121

Peel -Hope 24/7: Sexual Assault Centre of Peel 1-800-810-0180 and 905-792-0821

Sudbury -Voices for Women Sudbury 705-523-7100 ext. 2647

Toronto – Multicultural Women Against Rape/Toronto Rape Crisis Centre (416) 597-8808  and 416-597-1171

London-Middlesex-  Sexual Assault Centre London 519-438-2272 ,1-877-529-2272 and 519-439-0844