POLICY: SEXUAL MISCONDUCT (BILL 26) POLICY
APPROVED BY EXECUTIVE: May 9, 2023
SUPERSEDES POLICY: New
PURPOSE
This policy provides framework for addressing incidents and complaints of sexual misconduct involving its students.
Sault College is committed to creating and maintaining an environment for all students to study, work and live in a campus environment free from sexual misconduct.
The Institution is committed to responding to and addressing incidents and complaints of sexual misconduct involving its students.
SCOPE
- This Policy applies to all employees, as defined by the Ontario Employment Standards Act, 2000 (“ESA”).
- The overarching purposes of this Policy are to ensure the safety of all students against sexual misconduct by employees of the Institution and to reaffirm the Institution’s commitment to a safe and healthy campus.
- This Policy sets out the Institution’s rules with respect to sexual misconduct committed by an employee against a student or students, as well as potential disciplinary measures that may be imposed against any employee acting in contravention of this Policy.
- Nothing in this Policy limits or proscribes the response of the Institution where it receives an allegation or complaint that an employee of the Institution committed an act of sexual misconduct toward a student of the Institution. It is within the Institution’s sole discretion to impose a disciplinary measure that it deems fit. However, for added clarity, this Policy sets out examples of disciplinary measures that may be imposed for contravention of the Policy. The determination of the appropriate level of discipline shall be made in accordance with any policies or procedures relating to the discipline of the Institution’s employees.
- Nothing in this Policy is intended to discourage, prevent or preclude an individual from filing a report and/or complaint under any other Institution policy and/or initiating legal action (civil or criminal) or exercising any other legal rights.
- This Policy should be read in conjunction with other Institution policies, guidelines or standards, including but not limited to:
(i) Sexual Assault and Sexual Violence Policy and Protocol
(ii) Discrimination Harassment Policy
DEFINITIONS
Sexual Misconduct refers to:
(a) 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 of the institution where,
(i) the act constitutes an offence under the Criminal Code (Canada),
(ii) the act infringes the right of the student under clause 7(3)(a) of the Human Rights Code (the “Code”) to be free from a sexual solicitation or advance, or
(iii) the act constitutes sexual misconduct as defined in any other policy of the Institution, contravenes this policy or any other policy, rule or other requirement of the Institution respecting sexual relations between employees and students, or
(b) any conduct by an employee of the Institution that infringes the right of the student under clause 7(3)(b) of the Code to be free from a reprisal or threat of reprisal for the rejection of a sexual solicitation or advance.
EXAMPLES OF SEXUAL MISCONDUCT
In addition to the foregoing, examples of Sexual Misconduct may include:
- Sexual solicitation or advances;
- Sexual assault, including any unwanted act of a sexual nature;
- Sexual harassment, including any unwanted remarks, behaviours, or communications of a sexually oriented nature and/or a course of unwanted remarks;
- Sexual violence, including any sexual act or act targeting a student’s sexuality, gender identity or gender expression, whether physical or psychological in nature that is committed, threatened or attempted against a student without the student’s consent.
PROCEDURE
No employee shall engage in sexual misconduct, as defined above, towards a student of the Institution.
Where a report of sexual misconduct is substantiated by the Institution, the Institution will impose disciplinary measures, including but not limited to:
- Termination of employment for just cause;
- Being placed on a leave of absence with or without pay;
- Receiving a disciplinary letter or letter of expectations; or
- Any other disciplinary measure which the Institution deems to be appropriate.
Where an employee has been discharged for violation of this Policy, the employee shall not be entitled to notice of termination, termination pay, or any other compensation or restitution as a result of the discharge or disciplinary measure, in accordance with the Strengthening Post-secondary Institutions and Students Act, 2022. Further, where an employee commits an act of Sexual Misconduct towards a student and is either discharged or the employee resigns, the employee shall not be re-employed by the Institution.
Where any penalty is imposed for violation of this Policy, the penalty shall not be substituted for any other penalty pursuant to the Strengthening Post-secondary Institutions and Students Act, 2022.
The Sexual Assault and Sexual Violence Protocol provides witnesses and survivors a process to report incidents of sexual misconduct by employees.
RELATED DOCUMENTS
(i) Sexual Assault and Sexual Violence Policy and Protocol
(ii) Discrimination Harassment Policy