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Sexual Assault and Sexual Violence Policy

General Statement

Sexual violence and sexual assault are serious offenses that violate the rights and dignity of individuals. Pharma-Medical Science College of Canada is committed to fostering a safe and respectful environment for all members of its community. This policy outlines Pharma-Medical Science College of Canada’s stance on sexual violence and sexual assault and establishes procedures for prevention, reporting, and response.

This policy is made by Pharma-Medical Science College of Canada in accordance with the guidelines set out by Sexual Violence and Harassment Action Plan Act (Supporting Survivors and Challenging Sexual Violence and Harassment), 2016, S.O. 2016, c. 2 – Bill 132 and  Ontario Career Colleges Act, 2005.

The last revised date for the policy is February 1, 2024. This policy will be reviewed and amended every three years in line with the Sexual Violence and Harassment Plan Act.

Pharma-Medical Science College of Canada complies with relevant legislation related to Sexual Violence, including the Ontario Human Rights Code, the Ministry of Training, Colleges and Universities Act and the Occupational Health and Safety Act. All of the students when they enroll in the college will have one copy of this policy and all of the teachers and employees, administrators have obligation to learn and follow this policy. When they are hired by the college, they will be trained to obtain this policy. After amending this policy, all of the college stuffs must get brief retraining.

Scope of Policy

Pharma-Medical Science College of Canada is committed to the values of equity, diversity and inclusivity in all aspects of its operations and activities. This Policy applies to college staff, students and visitors on campus.

Definitions

Sexual Violence: Any sexual act or act targeting a person’s sexuality, gender identity or gender expression, whether the act is physical or psychological in nature, that is committed, threatened or attempted against a person without the person’s consent, and includes sexual assault, sexual harassment, stalking, indecent exposure, voyeurism and sexual exploitation.

Sexual Harassment: Engaging in a course of conduct of a gender-related or sexual nature that is known or might reasonably be known to be unwelcome/unwanted, offensive, intimidating, hostile, or inappropriate. Depending on its severity, one action may constitute sexual harassment.

The Ontario Human Rights Commission notes the following samples of actions which constitute as sexual harassment:

  • Engaging in unwanted physical interaction/contact that invades personal space
  • using language that puts someone down
  • leering or inappropriate staring
  • making gender-related comments about someone’s physical
  • characteristics or mannerisms
  • treating someone poorly because they don’t fit in stereotypes about gender
  • showing or sending sexually implicit or explicit images
  • telling or writing and passing around offensive sexual jokes
  • engaging in discourteous humor or language related to gender
  • engaging gender-related conduct that causes a person to feel uncomfortable
  • spreading sexual rumors, whether in person or through other digital mediums
  • making suggestive or offensive comments or hints about members of a specific gender
  • making sexual propositions
  • verbally abusing, intimidating or jeering at someone based on gender
  • bragging about sexual prowess
  • demanding dates or sexual favors
  • making offensive sexual jokes or comments
  • asking questions or talking about sexual activities
  • making an employee dress in a sexualized or gender-specific way
  • acting paternally in a way that undermines self-respect or position of responsibility
  • threats to penalize or otherwise punish a person who refuses to comply with sexual advances

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 giving consent.

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 behavior 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 a 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 judgement 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 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
  • 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 or an administrator in a relationship with anyone who reports to them
  • 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. 

Complainant: An individual who files a complaint alleging a violation of the Sexual Violence Policy seeking college’s response.

Complaint: When a student notifies the office of an allegation under the Sexual Violence policy or an employee file an incident report seeking college’s response.

Respondent: A person(s) against whom a complaint is being made.

Purpose of the Policy

Pharma-Medical Science College of Canada commits to provide a place with great value on rights and freedoms, respecting and celebrating every person’s dignity and equality. The college will maintain a good environment for teaching and studying and free from criminal violence. The college also promises to help and protect the students and staffs who experience sexual violence.

This policy and its related procedure set out the way in which we address sexual violence. It ensures that those who are affected by sexual violence are believed and appropriately accommodated and ensures that Pharma-Medical college has an access of investigation that protects the rights of individuals and holds individuals who have committed an act of sexual violence accountable.

Sexual Assault and Sexual Violence: Campus Protocol

4.1 If students have experienced or been affected by sexual violence, students are encouraged to refer to the Campus Manager.

4.2 The student who has witnessed or has reason to believe that such an incident has occurred in the life of another student also encouraged to report to campus manager.

4.3 The student may also report to any instructor or administrative personnel who they feel can appropriately address their concerns. The instructor or administrative personnel will then report the incident to the campus manager.

4.4 The staff or campus manager will then refer the student to the appropriate services available to the student. Students do not need to provide any formal documentation for the purposes of accessing or inquiring about sexual assault or sexual violence support services.

4.5 In the situation where a student wishes to file a formal complaint, the campus manager will begin the process of a formal complaint procedure, as outlined in following section

4.6 If student wishes, she/he can call the police (at 911)

It is often difficult to disclose and report incidents of sexual violence. It is entirely up to the student if she/he chooses to report the incident (please note this is not required to report an incident of, or make a complaint about, sexual violence); however, we strongly encourage the student to do so. A number of other resources are available to the student and those who may be affected by any sexual violence.

Complaint Procedure and Investigations

A complaint form of sexual assault or any other kind of sexual violence can be filed under this Policy by any student and the staff in Pharma-Medical College. 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.

5.1 Procedure

  • The Campus Manager takes charge of the formal complaint and will discuss the situation with the student who report sexual assault or sexual violence and help him/her to fill up the complaint form. The campus manager should get consent from the complainant for investigation.
  • The student has the right not to participate in any investigation that occurs.
  • During the course of the investigation, the Campus Manager will ensure that the students feel comfortable and safe in their academic settings, and will accommodate any social-emotional or physical needs that the student may have, such as arranging for an action plan which removes the student from any situation where he or she would be in the same vicinity as the alleged perpetration. The student will not incur any costs for these measures.
  • The Campus Manager and Vice dean will conduct an interview with the alleged perpetrator, in order to provide the individual with the opportunity to detail and defend him or herself regarding the allegation.
  • The Campus Manager and Vice dean will determine if this is a matter that necessitates immediate referral to the police, and in the case where it is determined that the sexual assault or violence incident has taken place, the Pharma-Medical College will take the necessary disciplinary measures to ensure campus safety
  • The victim will then be informed of any measures will be taken. The Campus Manager will also discuss any further measures that need to be considered based on the feedback provided by the victim, in order to ensure that his or her mental and physical health needs are being addressed
  • 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.

5.2 Right to Withdraw a Complaint

A complainant has the right to withdraw the 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. The college may also continue to act when there is a threat to the safety of the college.

5.3 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.

Pharma-Medical College takes reasonable steps to protect persons from reprisals, retaliation, and threats. This may entail, for example, advising individuals in writing of their duty to refrain from committing a reprisal and sanctioning individuals for a breach of this duty. The college may also address the potential for reprisals by providing an accommodation appropriate in the circumstances.

5.4 Unsubstantiated 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.

Confidentiality

Confidentiality is very important to those who have disclosed sexual violence. Pharma-Medical College will do its best to respect the confidentiality of all persons, including the complainant, respondent, and witnesses by restricting routine access to information to individuals with a need for such access providing education and training to those who are regularly involved in the administration of reports and complaints.

The following circumstances are the exceptions from this confidentiality:

  • an individual is at imminent risk of self-harm;
  • an individual is at imminent risk of harming another; and/or
  • Pharma-Medical College believes 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.

In such cases, certain college management 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.

The formal complaint files will be kept in a specific folder, in a secure filing cabinet in the office on campus.

Disciplinary Measures

If the Campus Manager and vice dean at Pharma-Medical college determine through the course of their investigation that any personnel or student has committed an act of sexual assault or sexual violence, their academic or employment contract will immediately be terminated.

In addition, Pharma-Medical college will take measures to ensure that the students or personnel is restrict to access any college facilities

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, including expulsion.

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.

During the course of the investigation, Pharma-Medical College reserves the right to take necessary measures to ensure the safety and security of its staff and students. Disciplinary measures may include temporary suspension of the alleged perpetrator, pending the outcome of the investigation.

Other Resources and Supports Available

The Sexual Assault/Domestic Violence Care Centre (SA/DVCC) available 24 hours a day, seven days a week, is a comprehensive service that assists women, men, and gender trans people who are victims/survivors of sexual assault and domestic /intimate partner violence.

Sexual Assault/Domestic Violence Care Centre (SA/DVCC)

Women’s College Hospital

76 Grenville St.

Ground floor (in the AACU), Room 1305

Toronto, ON M5S 1B2

Phone: 416-323-6040 Fax: 416-323-6489

Office Hours: Monday to Friday 8:30 a.m. – 4:30 p.m.

A nurse is available 24 hours a day, 7 days a week.

If you want to talk to someone:

If you have experienced or been affected by Sexual Violence and require support off-campus, please see the following specialized community resources.

 

Call an Emergency Distress Line:

911

416.408.4357 (HELP) TTY: 416.408.0007

 

For Emergency Shelters and the Closest Free Meal:

416.392.3777 or toll free 1.866.392.3777

 

For Immediate Medical Advice:

Call Telehealth: 1.866.797.0000, TTY: 1.866.797.0007

 

If You Experience Thoughts of Suicide

Go to your closest hospital emergency department.

Call a distress line

 416.408.4357 (HELP)

TTY: 416.408.0007

 

For Sexual Assault/Violence:

  • Yellow Brick House Toll Free: 1.800.263.3247 TTY: 905.751.1712
  • Barbra Schlifer Clinic Safety Planning 416.323.9149 ext. 234
  • Gerstein Centre: 416.929.5200 (same number for TTY service)
  • Support Services for Male Survivors of Sexual Violence at 1.866.887.0015
  • Assaulted Women’s Helpline at 1.866.863.0511
  • Talk4Healing for Indigenous women at 1.855.554.HEAL at 1.855.554.4325
  • Canadian Human Trafficking Hotline at 1.833.900.1010
  • Ontario Coalition for Rape Crisis Centers, or OCRCC

 

For Child Protection

Children’s Aid Society of Toronto

 416.924.4646

 

Outreach Services (Counselling, Legal)

Yellow Brick House

 1.877.222.8438

 

Catholic Family Services

 416.921.1163

 

Barbra Schlifer Clinic Legal Assistance

 416.323.9149 ext. 278

 

Daily Bread Food Bank

 416.203.0050

 

AIDS & Sexual Health Info Line

 1.800.668.2437

 

Postsecondary Student Helpline Good2Talk

 1.866.925.5454 or connect through 2-1-1

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