905-764-7570 info@rscc.ca

Sexual Violence Policy

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RSCC Sexual Violence Policy

Purpose

All of Rudolf Steiner College Canada career college students have a right to study in an environment free of sexual violence. This document sets out our policy on sexual violence involving our students, defines the prohibited behaviors, and outlines our investigative processes for sexual violence.

Scope

The Policy applies to complaints of sexual violence that have occurred on Rudolf Steiner Centre Toronto career college campus or at one of our events and involves our students.

Policy Objectives

Rudolf Steiner College Canada is committed to providing our students with an educational environment free from sexual violence and treating those students who report incidents of sexual violence with dignity and respect.

To that end Rudolf Steiner College Canada will provide a copy of the policy to our students, and educate them together with our career college management, employees and contractors about this Policy and how to identify situations that involve, or could progress into sexual violence against our students and how to reduce it.

Definitions and Acronyms

WorkplaceAny land, premises, location, social media outlets, or thing at, upon, in or near where a worker works.
Sexual MisconductSexual Misconduct includes sexual violence and sexual harassment.
Sexual HarassmentWithout limiting the generality of the foregoing, includes any course of vexatious comment or conduct of a sexual nature that is known or ought reasonably to have been known to be unwelcome including:offensive jokes or comments of a sexual nature;displaying of pornographic or sexist pictures or material, including online;suggestive or offensive remarks;unwelcome language related to gender;remarks, jokes, innuendoes, propositions, or taunting about a person’s body, attire, sex or sexual orientation;bragging about sexual prowess;physical contact such as touching, patting, or pinching with and underlying sexual connotation; andsexual solicitation or advance made by a person in a position to confer, grant or deny a benefit or advancement to the person where the person making the solicitation or advance knows or ought reasonably to know that it is unwelcome.
Sexual ViolenceWithout limiting the generality of the foregoing includes;sexual assault, which is any type of an unwanted sex act done by one person to another, without that person’s consent, that violates the sexual integrity of an individual ranging from unwanted touching to penetration;any violence, physical or psychological, carried out through sexual means or act targeting a person’s sexuality, gender identity or gender expression including sexual abuse, criminal harassment, stalking, indecent exposure, sexual exploitation and cyber bullying.
ComplainantThe person making an allegation will be referred to as the complainant
RespondentThe person accused of engaging in sexual violence will be referred to as the respondent

Responsibilities of the College

Rudolf Steiner College Canada is responsible to provide adequate training to everyone that is part of the college community and to outline the proper procedures required to address any situation that could contain sexual violence.

The Sexual Violence Policy shall be published on our website and a copy of the policy will be provided to anyone who requests it.

Rudolf Steiner College Canada will also consider student input in the development of the policy and will review it once every three years, at a minimum, again considering input from students.

Rudolf Steiner College Canada will also include the policy in every student enrolment contract, and keep a record on:

  • the number of times supports, services, and accommodations relating to sexual violence are requested and obtained by students;
  • any initiatives established to promote awareness of the services and supports available to students;
  • the number of incidents and complaints of sexual violence reported by students, and information about such incidents and complaints; and
  • the implementation and effectiveness of the policy

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

  • responding promptly to any complain and providing reasonable updates to the complainant and the respondent about the status of the investigations;
  • assisting those who have experienced sexual violence or sexual harassment in obtaining counselling and medical care;
  • providing those who have experience sexual violence or sexual harassment with appropriate academic (defer or reschedule assignment(s), text(s), exam(s)) and other accommodation based on the best options for the survivor to successfully complete the academic requirements of their course or program. 
  • providing those who have experienced sexual violence or sexual harassment with information about reporting options; and
  • providing on-campus investigation procedures for sexual violence complaints.
  • A complainant acting in good faith, who discloses or reports sexual violence, would not be subject to actions for violations of the institution’s policies related to drug and alcohol use at the time the alleged sexual violence took place.

    During the institution’s investigative process, students who share their experience of sexual violence through disclosing, accessing support, and/or reporting to the institution, would not be asked irrelevant questions by the institution’s staff or investigators. Examples of such irrelevant questions would include those relating to past sexual history or sexual expression.

Responsibilities of the Instructors

The Instructors will take all reasonable steps to prevent sexual violence and sexual harassment on campus or at college events and will report immediately to the Executive Director if they are subject to, witness, or have knowledge of sexual violence, or have reason to believe that sexual violence has occurred or may occur.

Responsibilities of the Students

The students are responsible to maintain a safe and healthy campus community by refraining from all activities defined under sexual violence. They also have a responsibility to report immediately to the Executive Director, designate for this policy, if they are subject to, witness or have knowledge of sexual violence, or have reason to believe that sexual violence or sexual harassment has occurred or may occur.

Students who have been affected by Sexual Violence or who need information about support services should contact the Executive Director, designate for this policy.

Reporting and Responding to Sexual Violence

All members of Rudolf Steiner College Canada will take all reasonable steps to prevent sexual violence on our campus or events of the campus and report immediately to their instructor, Program Director or  Executive Director, designate for this policy, if they are subject to, witness or have knowledge of sexual violence, or have reason to believe that sexual violence has occurred or may occur.

To the extent it is possible, the Executive Director, designate for this policy, will attempt to keep all information disclosed confidential except in those circumstances they believe an individual is at imminent risk of self-harm, or of harming another, or there are reasonable grounds to believe that other in the career community are at risk. This will be done by:

  • ensuring that all complaints/reports and information gathered as a result of the complaint/reports will only be available to those who need to know for the purposes of investigation, implementing safety measures, and other circumstances that arise from any given case; and
  • ensuring that the documentation is kept in a separate file from that of the complainant, student or the respondent

Rudolf Steiner College Canada recognizes the right of the complainant to determine whether his or her complaint will be dealt with by the police and/or Rudolf Steiner College Canada. However, in certain circumstances, Rudolf Steiner College Canada may be required by law or our internal policies to initial an internal investigation and/or inform police without the complainant’s consent, if it believes the safety of members of its career college community is at risk.

In all cases Rudolf Steiner College Canada will appropriately accommodate the needs of its students who are affected by sexual violence. Students seeking accommodation should contact the Executive Director, designate for this policy.

In this regard, Rudolf Steiner College Canada will assist students who have experienced sexual violence in obtaining counselling and medical care, and provide them with information about sexual violence supports and services available in the community as set out in Appendix 1, attached hereto. Students are not required to file a formal complaint in order to access supports and services.

Investigating Reports of Sexual Violence

A complaint of sexual violence may be filed under this Policy, by any member of our career college community, to the Executive Director, designate for this policy, in writing. The other official, offices or departments that will be involved in the investigation are:

  • Chair, Rudolf Steiner College Canada Board of Directors

Upon receipt of a report of an incident, or a complaint of alleged sexual violence being made, the Executive Director, designate for this policy, will respond promptly and:

  • determine whether an investigation should proceed and if the complainant wishes to participate in an investigation;
  • determine who should conduct the investigation having regard to the seriousness of the allegation and the parties involved;
  • determine whether the incident should be referred immediately to the police;
  • In such cases or where civil proceedings are commenced in respect of allegations of sexual violence, Rudolf Steiner College Canada may conduct its own independent investigation and make its own determination in accordance with its own policies and procedures; and determine what interim measure ought to be put in place pending the investigation process such as removal of the respondent or seeking alternate methods of providing necessary course studies.

Once an investigation is initiated, the following will occur;

  • the complainant and the respondent will be advised that they may ask another person to be present throughout the investigation;
  • an interview will be conducted with the complainant to ensure a complete understanding of the allegation and to gather additional information that may not have been included in the written complaint, such as the date and time of the incident, the persons involved, the names of any person who witnessed the incident and a complete description of what occurred;
  • informing and interviewing the respondent of the complaint, providing details of the allegations and giving the respondent an opportunity to respond to those allegations and to provide any witnesses the respondent feels are essential to the investigation;
  • interviewing any person involved or who has, or may have, knowledge of the incident and any identified witnesses;
  • providing reasonable updates to the complainant and the respondent about the status of the investigation.

Following the investigation, the Executive Director, designate for this policy, will:

  • review all of the evidence collected during the investigation;
  • determine whether sexual violence occurred; and if so
  • determine what disciplinary action, if any, should be taken as set out in Section 8 of this policy

Disciplinary Measures

If it is determined by Rudolf Steiner College Canada that a member of our career college community has been involved in sexual violence, immediate disciplinary or corrective action will be taken. This may include:

  • Disciplinary action up to and including termination of employment of instructors or staff; or
  • expulsion of a student; and/or
  • the placement of certain restrictions on the respondent’s ability to access certain premises or facilities; and/or
  • any other actions that may be appropriate in the circumstances.

In cases where criminal proceedings are initiated, Rudolf Steiner College Canada will assist police agencies, lawyers, insurance companies, and courts to the fullest extent.Where criminal and/or civil proceedings are commenced in respect to allegations of sexual violence or sexual harassment, Rudolf Steiner College Canada may conduct its own independent investigation and make its own determination in accordance with its own policies and procedures.

Appeal

Should the complainant or the respondent not agree with the decision resulting from the investigation, he or she may appeal the decision to the Executive Director, within seven calendar days by submitting a letter addressed to Executive Director advising of the person’s intent to appeal the decision.

The letter should be sent to:

Executive Director

Rudolf Steiner College Canada

9100 Bathurst Street, Unit #4

Thornhill, Ontario, L4J 8C7

An email, containing a copy of the letter should also be sent to jbrian@RSCC.ca

Making False Statements

It is a violation of this policy for anyone to knowingly make a false complaint of sexual violence or sexual harassment or to provide false information about a complaint.

Individuals who violate this policy are subject to disciplinary and/or corrective action, up to and including termination of employment of instructors or staff or expulsion of a student.

Reprisal

It is a violation of this policy to retaliate or threaten to retaliate against a complainant, acting in good faith, who has brought forward a complaint of sexual violence or sexual harassment, provided information related to a complaint, or otherwise been involved in the complaint investigation process.

Individuals who violate the Sexual Violence Policy are subject to disciplinary and/or corrective action, up to and including termination of employment of instructors or staff or expulsion of a student.

Review

Rudolf Steiner Centre Toronto will ensure that student input is considered in the development of its Sexual Violence Policy at each time it is reviewed or amended.

Rudolf Steiner Centre Toronto shall review its Sexual Violence Policy three years after it is first implemented and amend it where appropriate. The next date of review is August 27, 2023.

Collection of Student Data

Rudolf Steiner College Canada shall collect and be prepared to provide upon request by the superintendent of Ontario Career Colleges such data and information as required according to subsections 32. 3 (8), (9) and (10) of Schedule 5 of the Private Career Colleges Act, 2005 as amended.

References

  • Occupational Health and Safety Act
  • Ontario Career Colleges Act, 2005

Canadian and Provincial Supports and Resources 

National and Provincial

Local (including potential practicum locations)

Richmond Hill

  • Domestic Abuse and Sexual Assault Care Centre Mackenzie Health 905-832-1406, ext. 2

York

  • Women’s Support Network of York Region 1-800-263-6734 905-895-7313 905-895-3646

Toronto

  • Multicultural Women Against Rape/Toronto Rape Crisis Centre (416) 597-8808 416-597-1171 
  • Sexual Assault/Domestic Violence Care Centre Women’s College Hospital 416-323-6040 Toronto 
  • Oasis Centre des Femmes
    Téléphone : 416-591-6565
    Courriel : services@oasisfemmes.org
    http://oasisfemmes.org/

Guelph

Kingston

London

Oakville

  • Sexual Assault & Violence Intervention Services of Halton
    Crisis: 905-875-1555 or 1-877-268-8416
    Office: 905-825-3622
    www.savisofhalton.org

Ottawa