University Discipline Complaints and Sexual Violence in Ontario

Each college and school in Ontario has a coverage on sexual violence.  They’re required to take action by provincial laws underneath the Ministry of Training, Colleges and Universities Act. 

The Act and its rules set up how that coverage should be established and authorised and what’s should include.  Most substantively, the Act itself defines “sexual violence”, as:

any sexual act or act concentrating on an individual’s sexuality, gender identification or gender expression, whether or not the act is bodily or psychological in nature, that’s dedicated, threatened or tried towards an individual with out the particular person’s consent, and consists of sexual assault, sexual harassment, stalking, indecent publicity, voyeurism and sexual exploitation. 2016, c. 2, Sched. 3, s. 1.

This text will search to present an outline of the sexual violence insurance policies at a number of Ontario universities and schools, how college students (or employees) can acquire assist if they’ve been sexually assaulted, how they’ll file a criticism, and the way any individual accused of violating the college’s sexual violence coverage – a Respondent – can reply to a criticism and/or enchantment a choice underneath their college’s sexual violence or sexual assault coverage.  Someone who’s accused of breaching a school or college’s sexual violence coverage has a proper to a lawyer who might help them within the course of.

This text will deal with the sexual violence insurance policies of 18 Ontario establishments:

Brock College’s coverage on sexual violence known as the Brock College Sexual Assault and Harassment Coverage.

It outlined sexual violence as “a spectrum of nonconsensual sexual contact and behavior which incorporates sexual assault, sexual harassment, stalking, sexual exploitation, indecent publicity, and voyeurism.

Alleged breaches of the Coverage are reported to the Brock College Human Rights & Fairness Workplace (HRE).   There’s a Sexual Violence Danger Evaluation Workforce (SVRAT) that may provoke an investigation.  Brock College has an Investigation Evaluation Committee which determines whether or not or to not advocate a criticism for additional investigation.  The Director of Pupil Life and Neighborhood Expertise is the decision-maker in that course of.  If a pupil is the one accused of breaching the Sexual Assault and Harassment Coverage, the Respondent has a proper to enchantment.

Interim measures may be put in place limiting the Respondent.  Self-discipline for a breach can embrace suspension or expulsion.

Helps for victims embrace:

• Niagara Area Sexual Assault Centre | 682.4584
• Campus Safety | 688.5550 x3200
• Sexual Assault Centre Hamilton | 905.525.4162

Carleton College’s coverage known as the Carleton College Sexual Violence Coverage.   The Coverage consists of particular definitions for sexual assault, sexual harassment and sexual violence.  Carleton College’s Sexual Violence Evaluation Committee makes an preliminary evaluation, and might appoint an Investigator to conduct an investigation.  The SVRC will then decide on the alleged breach.

There may be an Enchantment Course of in place for choices made with respect to the Sexual Violence Coverage.  Each Complainants and Respondents can enchantment.  Each can have a lawyer help with the enchantment of the college’s sexual violence coverage choice.

Interim measures could also be place on the Respondent.  These may be appealed and modifications requested.

Helps for victims embrace:

• Sexual Assault Assist Centre of Ottawa | 24 hour assist line: 613-234-2266 | Normal Inquiries: 613-725-9259
• College Sexual Assault Assist Centre 613-520-5622

George Brown Faculty’s coverage known as the George Brown Faculty Sexual Assault and Sexual Violence Coverage.  It defines sexual violence, sexual assault, sexual harassment and consent.

Complaints may be informally resolved or referred for investigation.  The Director, Range, Fairness & Human Rights Companies (DDEHRS) decides whether or not the criticism will probably be investigated.

The Respondent will probably be notified of the criticism and any interim measure put in place.  The interim measures may be reviewed.  You could need to have a lawyer provide help to with the request for evaluation of interim measures.

Assist for victims consists of:

Humber’s coverage known as the Humber Faculty Sexual Assault and Sexual Violence Coverage.  It includes a proper investigation course of for sure complaints underneath the coverage.  A Respondent will probably be notified if a criticism is made towards them that they breached the SASV Coverage.  Interim measures could also be put in place.

Helps for victims embrace:

• Pupil Assist and Intervention Coordinator: 675.6622 ext. 5546
• Counselling Companies (Pupil Wellness and Accessibility Centre): 416-675-6622 ext. 5090 (North); ext. 3331(Lakeshore)

Lakehead College’s coverage known as the Lakehead College Sexual and Gender Primarily based Violence Response Coverage.

Complaints are submitted to Lakehead’s Workplace of Human Rights and Fairness.  The Sexual and Gender Primarily based Violence Evaluation Committee determines whether or not to nominate and Investigator to conduct an investigation or not.  They will additionally impose interim measures or circumstances on the Respondent to the criticism.

Final sanctions for breaches of the coverage could embrace suspension or expulsion.  The Complainant and Respondent each have a proper to a assist particular person.

Helps for victims embrace:

• Aboriginal Cultural & Assist Companies: Particular person providers, e mail transitions@lakeheadu.ca, cellphone 807-343-8028
• Orillia Safety Companies: Reporting, Emergency, cellphone 705-330-4008 extension 3-911
• LUSU: Gender Fairness Centre, Peer-to-peer assist, e mail gec@lusu.ca, cellphone 807-343-8879

McMaster’s coverage known as the McMaster College Sexual Violence Coverage.  Complaints may be made to superivsors or to the Director of the Sexual Violence Prevention and Response Workplace.  If complainants file a Legal Report back to the College’s Safety Companies, it should lead to a report back to the Hamilton Police Service.

The Director (HRDR) will decide, with others, whether or not to implement a College-Initiated Investigation.  Interim measures could also be applied in the course of the investigation course of.  Complainants and Respondents have a proper to be accompanied by a assist particular person or advisor.  This particular person is usually a lawyer.

There’s a proper of enchantment of a choice underneath the Coverage.

The Sexual Violence Prevention and Response Workplace can present and refer victims of violence for assist: svpro@mcmaster.ca or 905-525-9140, ext. 20909.

OCAD’s sexual violence coverage known as the Coverage on Prevention and Response to Sexual and Gender-based Violence.   It defines sexual violence and sexual assault.  A Sexual Violence Response Workforce (SVRT).  If the Respondent to a criticism is a pupil, the criticism is filed with the Vice-Provost, College students.  If the Respondent is employees or college, the Criticism is filed with the Workplace of Range, Fairness & Sustainability Initiatives.

The Vice-Provost, College students determines whether or not to refer a criticism for Investigation and appoint and Investigator. Interim measures could also be put in place in the course of the course of the method.

There’s a proper of enchantment for each Complainants and Respondents.

Helps for victims of violence embrace:

• STUDENT WELLNESS CENTRE | 416-977-6000 ext. 260, swc@ocadu.ca,
• OCAD U Safety at 416-977-6000 x511

Queen’s College coverage known as the Coverage on Sexual Violence Involving Queen’s College College students.  There’s a “Criticism Process” for allegations of sexual violence.  Complaints are made to the Workplace of the College Secretariat and Authorized Counsel.  If an investigation is initiated, the Respondent will probably be knowledgeable of the criticism, a abstract of the allegations, any interim measures put in place, potential sources of assist, and a sign as to search reconsideration for the interim measures.  A respondent to complaints of breaches of the Coverage on Sexual Violence could need to rent a lawyer to offer authorized help with respect to the interim measures and in defence of the allegation typically.

The Coverage particularly states that Complainants’ or Respondents’ assist individuals could also be authorized counsel (a lawyer).

Sanctions for breaches of the coverage could embrace measures as much as and together with suspension or expulsion.  There’s a process for interesting choices and/or sanctions.

Helps for victims embrace:

Ryerson’s coverage known as the Ryerson College Sexual Violence Coverage.  It additionally has a “Discrimination and Harassment Prevention Coverage” and a “Pupil Code of Non-Tutorial Conduct (Coverage 61)”.

Ryerson’s Sexual Violence Coverage units out how complaints and reviews may be made.  Reporting may be carried out to Consent Comes First.  A proper complain is made to Human Rights Companies.  The Director of Human Rights Companies or a designate will decide whether or not to provoke an investigation.  The Respondent – the particular person accused of breaching the Coverage, will meet with Human Rights Companies.  Interim measures could also be applied.  If an Investigator is appointed, they’ll conduct an investigation.  For Respondents who’re college students, the Vice Provost, College students decides whether or not the Coverage was breached and acceptable sanctions.

Sanctions can embrace measures as much as and together with suspension or explusion from Ryerson College.  There’s a proper to enchantment the choice and/or the sanction.

Helps for victims embrace:

• Workplace of Sexual Violence Assist and Schooling | Telephone: 416-979-5000, ext. 3596
• Neighborhood Security and Safety | 416-979-5040

Guelph College’s coverage known as the Guelph College Coverage 1.4 – Sexual Violence Coverage.  It consists of as a part of it the Sexual Violence Coverage – Procedures for College students and a separate process of school and employees.

Complainants could pursue allegations of sexual violence at Guelph College via various decision and/or the Formal Criticism Course of.  Vexatious complaints could result in sanctions towards the one that filed them in the event that they have been lodged in unhealthy religion.

The respondent is known as the Particular person Accused.  The Director Sexual Violence Assist Centre facilitates helps and might advocate Interim Measures.

The Workplace of Range and Human Rights (DHR) / the Assistant Vice-President (DHR) oversees the Formal Criticism Course of.  The AVP-DHR can provoke an Investigation.  The Investigator can advocate whether or not or not the coverage has been breached (and whether or not or not a criticism was made in unhealthy religion).  The Vice-Provost (Pupil Affairs) makes the ultimate choice.  The Respondent could enchantment a choice.  A Respondent accused of sexual violence underneath Guelph’s Sexual Violence Coverage could need to rent a lawyer to help within the course of.

Assist for victims may be discovered at Guelph’s Sexual Violence Assist webpage: https://wellness.uoguelph.ca/sexual-violence-support-centre/contact-us

uOttawa’s coverage known as College of Ottawa Coverage 67b: Prevention of Sexual Violence.  It defines sexual assault, sexual violence, sexual harassment, and consent.

The Human Rights Workplace handles reviews of sexual violence.  A Sexual Violence Response Workforce assists within the course of.  A Human Rights Officer is the one who will obtain formal complaints and make an evaluation as as to if the criticism falls inside uOttawa’s Coverage on sexual violence. If it does, the Officer will appoint and Investigator to provoke an investigation.  The Officer will ship a written discover to the Respondent informing them of the formal criticism, and advising the title of the investigator.  The Director of the Human Rights Workplace appoints a committee to evaluation the investigator’s report the place the Respondent and Complainant can every make written and oral representations.

Sanctions for a breach of the Coverage on Prevention of Sexual Violence can embrace suspension and expulsion or lesser sanctions.  There’s a proper of Enchantment as properly.

Assets for assist may be discovered at: https://www.uottawa.ca/sexual-violence-support-and-prevention/on-off-campus-and-online-resources

Seneca has the Seneca Faculty Sexual Violence Coverage.  Complaints may be filed underneath the coverage.   Seneca could conduct an investigation utilizing an inner or exterior investigator.  Sexual violence would even be a breach of Seneca’s Pupil Code of Conduct, Private Security and Safety Risk and Discrimination and Harassment insurance policies.

Interim measures could also be put in place in the course of the investigative course of.

Assets for victims of violence embrace:

• Assaulted Ladies’s Helpline | 416-683-0511
• Yellow Brick home | 1-800-263-3247

U of T has a coverage known as the College of Toronto Coverage on Sexual Violence and Sexual Harassment.   The Coverage outlined sexual violence, sexual harassment, sexual assault, but additionally cyber sexual violence, cyber sexual harassment and gender-based harassment.

The College of Toronto Sexual Violence Prevention and Assist Centre receives Reviews of Incidents of Sexual Violence.  They make an evaluation in coordination with the Workplace of Security and Excessive Danger.  The Workplace of Security and Excessive Danger determines whether or not or to not start an Investigation.

If an investigation is commenced, an investigator will probably be appointed.  The Investigator will present the Respondent with a possibility to reply.

For college kids accused of breaching U of T’s Coverage on Sexual Violence and Sexual Harassment, the Vice-Provost, College students will decide whether or not or to not refer the matter for a listening to underneath the College of Toronto Code of Pupil Conduct.

Findings of breaches of the Coverage may be appealed to the Self-discipline Appeals Board of the Governing Council, as set out within the Code of Pupil Conduct.

Doable sanctions for breaches embrace suspension or expulsion.

The College of Toronto Coverage on Sexual Violence explicitly states that Respondents have a proper to hunt authorized recommendation and to be accompanied by a assist particular person together with authorized counsel (a lawyer) to conferences in the course of the investigation.  An skilled lawyer can advise respondents of their rights and help them of their defence.

Assist sources for victims of violence may be discovered via the Sexual Violence Prevention & Assist Centre: https://www.svpscentre.utoronto.ca | 416-978-2266

UWaterloo has a coverage known as the College of Waterloo Coverage 42 – Prevention of and Response to Sexual Violence.  Associated insurance policies embrace: College of Waterloo Coverage 71 – Pupil Self-discipline and Coverage 72 – Pupil Appeals, in addition to the Sexual Violence Response Protocols and Procedures.

College of Waterloo has a Sexual Violence Response Coordinator (SVRC) to assist college students.  Upon receipt of a report of sexual violence, the Affiliate Dean will seek the advice of with the Director of Battle Administration and Human Rights to nominate and investigator.  The SVRC will inform the Respondent of the criticism.

The Respondent can even learn of any interim measures put into place.

The Complainant and Respondent could each Enchantment ultimate choices.

Assets for victims of sexual violence embrace:

• Sexual Assault Assist Centre of Kitchener Waterloo | 24 Hour Assist Line: 519-741-8633
• Sexual Assault/Home Violence Remedy Centre – Kitchener Waterloo | 519-749-6994

Western College has the Western College Coverage 1.52 – Coverage on Gender-Primarily based and Sexual Violence.  Associated, is the Procedures for the Coverage on Gender-Primarily based and Sexual Violence and the Non-Discrimination/Harassment Coverage and the Code of Pupil Conduct.

The Complaints Course of includes an preliminary dedication by the Affiliate Vice-President (Pupil Expertise) as as to if or to not refer the matter for Investigation.  In that case, an Investigator will probably be appointed.  The AVP-SE can even impose interim measures.  A request may be made to change or differ these circumstances.  The Respondent will probably be knowledgeable that they’ll have an interview with the Investigator, who will produce a written investigation report.

Western’s Process for the Coverage on Sexual Violence explicitly states that the Complainant and Respondent could convey assist individuals together with authorized counsel (a lawyer) to conferences with the investigator.  A lawyer might help navigate and advocate with respect to a criticism underneath the Coverage on Gender-Primarily based and Sexual Violence typically.

The AVP-SE is the last word decider as as to if or not the coverage has been breached and what sanctions are acceptable. These could embrace suspension or expulsion, or lesser sanctions.

There’s a proper to enchantment the choice.  An Enchantment Software may be filed with the Secretary of the College.  A lawyer can help with this course of as properly.

Assets for victims of violence embrace:

• Gender-Primarily based Violence & Survivor Assist Case Supervisor | 519-661-3568 | assist@uwo.ca
• Regional Sexual Assault and Home Violence Remedy Program at St. Joseph’s Hospital | 519-646-6100 ext. 64224

UWindsor’s coverage known as the College of Windsor Coverage on Sexual Misconduct.  It defines “sexual misconduct”, consent, incapacity, sexual assault and sexual harassment.  Complaints may be launched via the Campus Neighborhood Police or via the Sexual Misconduct Response and Prevention Officer.  If a pupil is accused of sexual misconduct at UWindsor, the College’s Human Rights Coverage, Procedures for Addressing Pupil Non-Tutorial Misconduct and Pupil Code of Conduct are all related to the criticism course of.

On-Campus and Off-Campus helps for victims may be discovered at:  http://www.uwindsor.ca/sexual-assault/300/sources.

Wilfrid Laurier’s coverage known as the Wilfred Laurier College Coverage 12.4 The Prevention of Sexual Violence Coverage and Procedures.  It defines consent, sexual violence and intimate companion violence.   Wilfred Laurier’s Coverage 6.1 Prevention of Harassment and Discrimination is expounded to the coverage, as is Coverage 12.3 Non-Tutorial Pupil Code of Conduct

The Workplace of Dispute Decision and Sexual Violence Assist handles complaints underneath the coverage.  When a criticism is made, the Senior Advisor, Dispute Decision and Sexual Violence Assist will decide whether or not or not an investigation will happen.  The ODRSVS can impose interim measures, which may be reviewed upon written request. When decision efforts usually are not acceptable or profitable, the matter will proceed to the investigation stage.

There is a chance to enchantment a choice as to breach and sanctions imposed.

Gendered and Sexual Violence Prevention and Assist may be reached at svinfo@wlu.ca | 519-884-0710 x 4847.

York College’s coverage known as the York College Coverage on Sexual Violence.  York’s Code of Pupil Rights and Obligations and Centre for Human Rights Fairness and Inclusion (REI) Process for Coping with Complaints of Harassment and Discrimination are additionally related.

Complaints of sexual violence may be made to the Centre for Sexual Violence Response, Assist and Schooling.  The Centre could then have interaction York College’s Sexual Violence Response Workforce.  The SVRT will then decide whether or not the college will pursue a criticism.

There’ll first be a preliminary evaluation by the Sexual Violence Response staff; then the potential for casual decision.  If the matter proceeds to formal decision, an investigation will proceed.

Interim measures could also be put in place.  The investigator will interview witnesses.  Ultiamtely, it’s the Vice-Provost College students that may decide whether or not or not the Coverage on Sexual Violence  has been breached.

There’s a course of the place a choice and sanctions imposed may be appealed.  Respondents could need to have interaction authorized counsel to help with the method typically together with the enchantment of a choice underneath the Coverage on Sexual Violence.

The Centre for Sexual Violence Response, Assist and Schooling may be reached for assist at 416-736-5211 or at thecentre@yorku.ca

Each school and college in Ontario has its personal coverage on sexual violence.  Investigations into allegations of sexual violence on or off campus are critical issues.  Victims can entry the assist programs set out on this article.  Respondents (individuals accused) ought to take into account hiring a lawyer to assist them navigate the system and advocate for his or her rights underneath the varied insurance policies.

Name (416) 999-8383 to talk to a lawyer instantly to higher perceive the method, choices, and the way the help of knowledgeable can profit you. You may as well contact us at info@robichaudlaw.ca