Sexual Assault & Violence Policy

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Transport Driver Training Inc has respect for all individuals, civility, diversity, dignity, equality, and freedom. Our College is committed to maintaining a healthy and safe learning, living, social, recreational and working environment. We are committed to maintaining a campus free of discrimination and harassment. We strive to foster an atmosphere of healthy attitudes and behaviors towards sexuality, sex and gender roles. The College will not tolerate behaviour that contributes to a hostile and inequitable learning and working environment. We take seriously our commitment to supporting those who experience sexual violence, and we work diligently on campus and with community partners on programs, policies and resources to ensure that our campus remains free from sexual violence. 

We urge all members of the College community to review the Policy and Protocol to learn about options and resources available to those who require support or who wish to support others. Please help to ensure that the College remains a safe and positive space where members of the College community feel able to work, learn and express themselves in a safe environment that upholds human equality. 

Jeff McKay

Campus Administrator/Lead Instructor

Effective Date: January 01, 2021

Review Date: August 12, 2024

This Policy applies to all members of the College community including: all employees, students, contractors, suppliers of services, individuals who are directly connected to any College initiatives, volunteers, and visitors. 

1. Definitions

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 behaviours from any unwanted touching to penetration. Sexual assault is characterized by a broad range of behaviours 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 Violence: A broad term that describes any violence, physical or psychological, carried out through sexual means or by targeting sexuality. This violence takes different forms including sexual abuse and sexual assault. 

Consent: The voluntary and explicit agreement to engage in the sexual activity in question. It is the act of willingly agreeing to engage in specific sexual behaviour, and requires that a person is able to freely choose between two options: yes and no. This means that there must be an understandable exchange of affirmative words, which indicates a willingness to participate in mutually agreed upon sexual activity. It is also imperative that everyone understands the following: 

· Silence or non-communication must never be interpreted as consent and a person in a state of diminished judgment cannot consent. 

· A person is incapable of giving consent if they are asleep, unconscious or otherwise unable to communicate. 

· A person who has been threatened or coerced (i.e. is not agreeing voluntarily) into engaging in the sexual activity is not consenting to it. 

· A person who is drugged is unable to consent. 

· A person is usually unable to give consent when under the influence of alcohol and/or drugs. 

· A person may be unable to give consent if they have a mental disability preventing them from fully understanding the sexual acts.

· The fact that consent was given in the past to a sexual or dating relationship does not mean that consent is deemed to exist for all future sexual activity. 

· A person can withdraw consent at any time during the course of a sexual encounter. Sexual Assault and Sexual Violence Policy and Protocol Template March 2015 4 

· A person is incapable of giving consent to a person in a position of trust, power or authority, such as, a faculty member initiating a relationship with a student who they teach, an administrator in a relationship with anyone who reports to that position. 

· Consent cannot be given on behalf of another person. 

It is the responsibility of the initiator of sexual activity to ensure clear and affirmative responses are communicated at all stages of sexual engagement. It is also the initiator’s responsibility to know if the person they are engaging with sexually is a minor. 

2. Purpose and Intent of the Policy

All members of the Transport Driver Training Inc community have a right to a work and study in an environment that is free from any form of sexual violence. This document sets out our policy and response protocol to sexual violence and ensures that those who experience sexual violence are believed and their rights respected, 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. 

3. Policy Statement

Sexual assault and sexual violence are unacceptable and will not be tolerated. We are committed to challenging and preventing sexual violence and creating a safe space for anyone in our college community who has experienced sexual violence. The College is expected to be a safe and positive space where members of the College community feel able to work, learn and express themselves in an environment free from sexual violence. All reported incidents of sexual violence will be investigated to the best of the administration’s ability and in a manner that ensures due process. It is this policy’s intention to make     

individuals feel comfortable about making a report in good faith about sexual violence that they have experienced or witnessed. We recognize that sexual violence can occur between individuals regardless of sexual orientation, gender, and gender identity or relationship status as articulated in the Ontario Human Rights Code. We also recognize that individuals who have experienced sexual violence may experience emotional, academic, or other difficulties. The College will appropriately accommodate the needs of students who are affected by sexual violence. A student is not required to report an incident or make a complaint about sexual violence to obtain the supports and services, or accommodations referred to in this document.                  

3.1. assisting those who have experienced sexual violence by providing choices, including detailed information and support, such as referral to counselling and medical care, information about legal options, and appropriate academic and other accommodation.

3.2. 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. 

3.3. addressing harmful attitudes and behaviors (e.g., adhering to myths of sexual violence) that reinforce that the person who experienced sexual violence is somehow to blame for what happened. 

3.4. treating individuals who disclose sexual violence with compassion recognizing that they are the final decision-makers about their own best interests. 

3.5. 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. 

3.6. engaging in appropriate procedures for investigation and adjudication of a complaint which are in accordance with college policies, standards and applicable collective agreements, and that ensure fairness and due process. 

3.7. ensuring coordination and communication among the various departments who are most likely to be involved in the response to sexual violence on campus. 

3.8. providing information to the College community about our sexual violence policies and protocols. 

3.9. contributing to the creation of a campus atmosphere in which sexual violence is not tolerated; and 

3.10. monitoring and updating our policies and protocols to ensure that they remain effective and in line with other existing policies and best practices. 

4. Reporting and Responding to Sexual Violence

4.1. Members of the College community should immediately report sexual violence incidents they witness or have knowledge of, or where they have reason to believe that sexual violence has occurred or may occur. Members who have experienced sexual violence are encouraged to come forward to report as soon as they are able to do so. 

4.2. Persons in a position of authority, including persons directing the activities of others, shall take immediate action to respond to or to prevent sexual violence from occurring. 

4.3. Where the College becomes aware of incidents of sexual violence by a member of the College community or against a member of the College community, which occur on or off College property and that pose a risk to the safety of members of the College community, the College shall take all reasonable steps to ensure the safety of the College community. 

Complaint Process and Investigations

A complaint of sexual assault or any other kind of sexual violence can be filed under this Policy by any member of the College community. 

The College will seek to achieve procedural fairness in dealing with all complaints. As such, no sanction and/or disciplinary action will be taken against a person or group without their knowledge where there is an alleged breach of this Policy. Respondents will be given reasonable notice, with full detail of the allegations and provided with an opportunity to answer to the allegations made against them. 

1. If the complainant, 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 College policies relating to drug or alcohol use at the time the alleged sexual violence occurred;
2. The complainant 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 inappropriate questions during the investigation process by the College staff or investigators, including irrelevant questions relating to the student’s sexual expression or past history;

5.1. 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 in order to comply with its obligation under this Policy and/or its legal obligations.   

5.2. Protection from Reprisals, Retaliation or Threats 

It is contrary to this Policy for anyone to retaliate, engage in reprisals or threaten to retaliate against a complainant or other individual for: 

· having pursued rights under this Policy or the Ontario Human Rights Code. 

· having participated or co-operated in an investigation under this Policy or the Ontario Human Rights Code; or 

· having been associated with someone who has pursued rights under this Policy or the Ontario Human Rights Code. Anyone engaged in such conduct may be subject to sanctions and/or discipline. 

5.3. Unsubstantiated or Vexatious Complaints 

If a person, in good faith, discloses or files a sexual violence complaint that is not supported by evidence gathered during an investigation, that complaint will be dismissed. Disclosures or complaints that are found following investigation to be frivolous, vexatious or bad faith complaints, that is, made to purposely annoy, embarrass or harm the respondent, may result in sanctions and/or discipline against the complainant.     

APPEAL PROCESS 

(a) Should the Complainant or the Respondent not agree with the decision resulting from the investigation, he or she may appeal the decision to the College within three days by submitting a letter addressed to The Campus Administrator advising of the person’s intent to appeal the decision. A response will be provided within one business day or sooner to determine what next steps need to be taken to handle the appeal. Should an appeal process need to be set in place, the Complainant will be required to provide all details including the rationale for not accepting the College’s decision. Upon receipt of the formal appeal in writing, a review of the entire case will be set in motion by The Campus Administrator. 

1. If You Have Experienced Sexual Violence

if you have experienced sexual violence, please call the administrative staff at (519)745-9991, and we will assist you by providing the resources and support you need. If you want to speak to someone directly, please contact:

Jeff McKay

Campus Manager

277 Manitou Dr Unit F

Kitchener, ON N2C 1L4

It is often difficult to disclose and report incidents of sexual violence. It is entirely up to you if you choose to report the incident; however, we strongly encourage you to do so. 

A few other resources are available to you, including:

1. Waterloo Regional Police Dispatch                                     (519) 653-7700 or 911

2. St. Mary's Hospital                                                                (519) 744-3311

3. Sexual Assault Support Centre of Waterloo Region          (519) 741-8633

4. Sexual Assault Centre of Brant                                            (519) 751-3471

5. Guelph-Wellington Women in Crisis                                    1-800-265-7233

6.  Anova                                                                                     1-800-265-1576

7. Support Services for Male Survivors of Sexual Abuse      1-866-887-0015

Anyone who has experienced sexual violence has the right to:

• be treated with dignity and respect
• be believed
• be informed about on and off campus services and resources
• decide whether to access available services and to choose services they feel will be the most beneficial
• decide whether to report to campus security and/or local police
• have an on-campus investigation with the institution's full cooperation
• have a safety pan
• have reasonable and necessary actions taken to prevent further unwanted contact with the alleged perpetrator(s)

2. If You Would Like To File  A Formal Complaint

Transport Driver training Inc's Administration can assist you with filing a complaint. If the alleged perpetrator is another member of the College community, you may file a complaint under the Policy. Individuals who have experienced sexual violence may also wish to press charges under the Criminal Code. Transport Driver training Inc can assist you with contacting the local Police.

3. What To Do If You Witnessed Sexual Violence

If you witness sexual violence, please call the office at (519) 745-9991, and we will assist you by providing all the resources and necessary support. If you want to speak to someone directly, please contact:

4. What To Do If Someone Discloses Allegations of Sexual Violence

A person may choose to confide in someone about an act of sexual violence, such as a student, instructor, teaching assistant, coach, or staff from housing, health, counselling, or security. An individual who has experienced sexual violence may also disclose to a staff or faculty members when seeking support and/or academic accommodation. A supportive response involves:

• listening without judgment and accepting this disclosure as true
• communicating that sexual violence is never the responsibility of the survivor
• helping the individual identify and/or access available on or off campus services, including emergency medical care and counselling
• respecting the individual's right to cho9ose the service they feel are most appropriate and to decide whether to report to the police and /or Transport Driver Training Inc at (519) 745-9991
• recognizing that disclosing can be traumatic and an individual's ability to recall the events may be limited
• respecting the individual's choices as to what and how much they disclose about their experience
• making every effort to respect confidentiality and anonymity

If disclosure is made to the faculty or staff by a student seeking support or academic accommodation, the faculty or staff should refer the student to the office manager, and work with the office manager to ensure that the student receives all necessary academic and other accommodations. As indicated above, if the faculty or staff of the College becomes aware of an allegation of sexual assault against another member of the College community, the faculty or staff is required to report the alleged incident to a manager immediately.

5. Communicating With Individuals Who Have Experienced Sexual Violence

Sensitive and timely communication with individuals who have experienced sexual violence and their family members (when individuals consents to communication) is a central part of the College's first response to sexual violence. To facilitate communication the College will:

• Ensure the designated employees in the administrative department, who are knowledgeable about sexual violence, are responsible for advocacy on campus on behalf of the employees, students or any other member of the College community who have experienced sexual violence
• Ensure designated employees respond in prompt, compassionate, and personalized fashion
• Ensure that the person who has experienced sexual violence and the respondent are provided with reasonable updates of the status of the College's investigation of the incident when such investigations are undertaken

6. Roles and Responsibilities of the College Community

While everyone on the campus has a role to play in responding to incidents of sexual violence, some campus members will have a specific responsibilities which might include:

• Faculty, staff and administrators to facilitate academic accommodations and other academic needs of those who have experienced sexual violence, e.g., extensions on assignments, continuing studies from home and dropping courses
• Human Resources to assist with any incidents relating to employees
• Collaborate with local police where appropriate

7. How Will The College Respond to a Report of Sexual Violence?

Where a complaint of sexual violence has been reported to the College, the College will exercise care to protect and respect the rights of both the complainant and the respondent. The College understands that indivduals who have experienced sexual violence may wish to control whether and how the experience will be dealt with by Police and/or the College. In most circumstances, the person will retain this control.

However, in certain circumstances, the College may be required to initiate an 8internal investigation and/or inform the Police of the need for a criminal investigation, even without the person's consent, if the College believes that the safety of other members of the College community is at risk. The confidentiality and anonymity of the person(s) affected will be prioritized in these circumstances.

A report of sexual violence may be referred to the police, or to the other community resources at the complainant's request, where the persons involved are not members of the College community or in circumstances where the College is unable to initiate an internal investigation under this Policy.

7.1 Where the Respondent is a Student

Sexual violence is a violation of Transport Driver Training Inc's Sexual Harassment and Sexual Violence Policy. It is considered a serious offence and will be addressed in a manner which is consistent with other serious offences. Please see Transport Driver training Inc's Expulsi9on Policy for more details on each disciplinary process.

7.2 Where the Respondent is an Employee

Sexual Violence is a violation of Transport Driver Training Inc's Employment Agreement. Allegations against employees will be addressed in accordance with the procedures set out in this Policy, and/or other College policies.

If the complaint is sustained following an investigation, the College will decide on the appropriate disciplinary actions consistent with a any applicable policies regarding discipline and may be grounds for immediate dismissal.

7.3 Where the Respondent is not a Student or Employee

Contractors, suppliers, volunteers, or visitors who attend on campus will be subject to complaints if they engage in prohibited conduct. Where a complaint against a respondent is substantiated, the College will take appropriate action. All contractual relationships entered by the College will be governed by a standard contract compliance clause stating that contractors must comply with this Policy and the Ontario Human Rights Code, including co-operating in investigations. Breach pf the clause may result in penalties, cancellation, or other sanctions.

7.4 Multiple Proceedings

Where criminal and/or civil proceedings are commenced in respect of the allegations of sexual violence, the College shall conduct its own independent investigation into such allegations and will make its own determination in accordance with its policies and procedures. Where there is an ongoing criminal investigation, the College will cooperate with the local Police.

6. Confidentiality

Confidentiality is particularly important to those who have disclosed sexual violence. The confidentiality of all persons involved in a report of sexual violence must be strictly observed, and the College does its best to respect the confidentiality of all persons, including the complainant, respondent, and witnesses. 

However, confidentiality cannot be assured in the following circumstances: 

· an individual is at imminent risk of self-harm. 

· an individual is at imminent risk of harming another; and/or 

· there are reasonable grounds to believe that others in the College or wider community may be at risk of harm. 

In such circumstances, information would only be shared with necessary services to prevent harm, and the name of the survivor would not be released to the public. 

Where the College becomes aware of an allegation of sexual violence by a member of the College community against another member of the College community, the College may also have an obligation to take steps to ensure that the matter is dealt with in order to comply with the College’s legal obligation and/or its policies to investigate such allegations. In such cases, certain College administrators will be informed about the reported incident on a “need to know” and confidential basis, but not necessarily of the identities of the persons involved.