Sexual Violence Policy - Elite College

SEXUAL VIOLENCE POLICY

Effective Date: November 2022 Review Date: November 2025

1.Purpose

Elitecollege is committed to providing itsstudentswith an educational environment free from sexual violence, treatingits students who reportincidents of sexual violence with dignity and respect and appropriately accommodating the needs of students who are affected by sexualviolence.
Elite college has adoptedthissexual violencepolicywhichdefinessexual violence and outlinesthecollegesreporting, investigation, traininganddisciplinary responses to complaints of sexualviolence made by students thathaveoccurred on campus orat a Elite College hostedevent.
Theperson accused of engaging in sexual violence will be referred to as the “Respondent” and the person making the allegation as the “Complainant”.

2.Definitions

Sexual Violence – Sexualviolencemeansanysexualact oracttargetingaperson’ssexuality, gender identity or gender expression, whetherthe act is physical or psychological in nature, thatis committed, threatenedorattemptedagainstaperson without theperson’sconsent, andincludessexualassault, sexualharassment, stalking, indecentexposure, voyeurism and sexual
Consent- The Criminal Code of Canadadefinesconsent as thevoluntary agreement of the complainant to engage in thesexualactivity in Thecodealsooutlinesthatno consent is obtained if; theagreement isexpressed bythewords or conduct of a person otherthanthecomplainant,thecomplainant isincapable of consenting to theactivity, the accused counsels or incites the complainant to engage in the activity by abusing aposition of trust, power orauthority, the complainant expresses by words or conduct, a lack of agreement to engage in theactivity,or thecomplainant, having consented to theactivity previously, expresses by words or conduct, a lack of agreement to continue to engage. It is important to know that these are notthe only ways where no consent is obtained, and there may be other circumstances
Sexual Assault– is any assault of sexualnature that violates a person’s sexual integrity
Sexual Harassment– is a form of discrimination thatinvolves unwantedbehavior that intimidates or causesanother person offence or It is vexatious commentor conductthat is known or ought to be known to be unwelcome. Sexual Harassment can take on a variety of forms including cyber-harassment
Stalking- isdefinedas criminalharassmentunderthe Criminal Code of Itcanconsist of repeatedly following from place to place the person or anyone known to them, repeatedlycommunicatingwith, directlyorindirectly,theperson oranyoneknown to them, besetting or watching thedwellinghouse, or place wheretheperson or anyone known to them, resides, works, carries onbusiness or happens to be, orengaging in threatening conduct directed at the other person or any member of their family.

Voyeurism- TheCriminal Codeof Canadadefinesvoyeurismasanyonewhosurreptitiously observes –including bymechanical orelectronic means- ormakes visualrecordingsof person who is in circumstances thatgive rise to a reasonable expectation of privacy
SexualExploitation- anyperson who commits an offencewho isinapositionof trust or authority towards a young person who for a sexual purpose touches, directly or indirectly, with a part of the bod or with an object, any part of the body of the young person, or for sexualpurposes, invites, counsels, or incitesa young person to touch, directly or indirectly, with a partof thebody or object, the bodyof anyperson including the body of theperson who invites counsels or incites.

3. Training, Reporting and Responding to Sexual Violence

Elite Collegeshallinclude a copy of theSexualViolencePolicy in everycontract made between it and its students, and provide a copy of theSexual Violence Policy to career college management(corporatedirectors, controllingshareholders, owners, partners, other persons whomanage ordirectthecareercollege’saffairs, andtheiragents), instructors, staff,otheremployeesandcontractorsandtrainthemaboutthepolicyand itsprocessesof reporting, investigating and responding to complaints of sexual violence involving its
The Sexual Violence Policy shall be published on Elite College’s website
Elite College management, instructors, staff, other employees and contractors will report incidents orcomplaints of sexualviolence to Linda Tsang(EliteCollege Sexual Violence

Designate, Linda@elitecollege.school) upon becoming aware of them

Students who have been affected by sexual violence or who need information about support services should contact Linda Tsang (linda@elitecollege.school)
Subject to section 4 below,EliteCollege willattempt to keepallpersonalinformationof personsinvolved in theinvestigationconfidentialexcept inthose circumstanceswhere it

believes an individual is at imminentrisk of self-harm, or of harminganother, orthereare reasonablegrounds tobelievethatothers on itscampusorthebroadercommunityareat risk. This will be done by:

ensuring that all complaints/reports and information gathered as a result of the complaint/reports will be only available to those who need to know for 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.
EliteCollege recognizes the right of the Complainant not to report an incident of or make a complaint aboutsexual violence or notrequest an investigation andnot to participate in any investigation that mayoccur.
Notwithstanding 6, in certain circumstances, Elite College may be required by law or its

internal policies to initiate an internal investigation and/or inform police without the complainant’s consent if it believes the safety of members of its campus or the broader community is atrisk.

Inall cases, including 6 above, Elite Collegewillappropriatelyaccommodate the needs of its students who are affected by sexual violence. Students seeking accommodation should contact Linda Tsang (linda@elitecollege.school)

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

4. Investigating Reports of Sexual Violence

Under this Sexual Violence Policy, any student of EliteCollege mayfile a report of an incident or a complaint to Linda Tsang (linda@elitecollege.school) in The other officials, offices or departments that will be involved in the investigation are:

Pak Lam, Campus President

*In the event that the complaint is being made against the Campus President or the Vice President, the Campus President and/or Vice President will not be involved in the investigative process as aninvestigator

Upon receipt of a report of an incident or acomplaint of allegedsexual violencebeingmade, Linda Tsang (linda@elitecollege.school) willnotifythe Campus Presidentand the Vice President, andpromptly:
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, Elite College may conduct its own independent investigation and make its own determination in accordance with its own policies and procedures; and

determine what interim measures 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;
interviewing the Complainant to ensure a complete understanding of the allegation and gathering 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 Respondentaboutthe status of the investigation; and
following the investigation, the Elite College of Business and Healthcare Designate 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 setout in Section 5

5. Disciplinary Measures

If it is determined by Elite Collegethatthe respondentdidengage in sexual violence, immediatedisciplinary orcorrectiveaction will be Thismayinclude, but isnotlimited to:
- Disciplinaryaction upto andincludingterminationofemploymentofinstructorsor staff; or
- Expulsion of a student; and/or
- Theplacement of certain restrictions on the Respondents ability to access certain premises or facilities;and/or
- Any other actions that may be appropriate in the circumstances

6. Appeal

If the Complainant or the Respondent isnot satisfiedwiththedecision, he or she may appealthedecision to an appealsboard composedofthree staff members(3), noneof whomare an instructor of the student, two of whom will be appointed by the Campus President, and oneselected by the Complainant or If thecomplaintinvolves the Campus President, two of the appeal board members will be selected by the Vice President
Any such appeal must be made withinthirty (30)days. A request to be heardbefore the AppealBoardmustbe in writing to the College Presidentand it must setforth in significant detailthebasisforthe An Appeal Boardhearing will be heldwithintwoweeks from theday the appeal board request was received by the college. The one makingthe appeal is permitted to have the assistance of a representative in front of the Appeal Boardand provide additional evidence to support his/her case. A written decision of the Appeal Board will be provided within seven days from the day of the Appeal Board Hearing or any adjournment thereof.
If not satisfied with thedecision of theappealboard, a written appeal may be sent to the Home Office, attention CollegePresident,Linda Tsang(linda@elitecollege.school)and therespective officer in the Home Office will attempt to render adecision withinseven days issued in writing with reasonsfor the Howeverany appeal to the Home Office regardinga decision of an Appeals Boardmayonly be baseduponan allegationor allegations of improper procedure or prejudice by the Appeal Board and not as to an interpretation and decision relative to the facts of the case.
After following the above procedures, any unresolved dispute or claim (including physical or personal injury, mental anguish, etc., of any kind) byor between a student and Elite College (orany of the College Employees, officers, directors, or staff) arising from, or pertaining to, enrolment in, and/or participating in, any education program offered by Elite College shall be resolved by binding arbitration by a single arbitrator mutually appointed by the student and the In the event the parties cannot agree on the selection of an arbitrator, one will be selected by the Canadian Arbitration Association. The arbitrator selected will make afinaldetermination bindingupon both parties. In the event the student bringsthe claimforarbitration thestudentshall pay50% of thearbitrator’s fees unless otherwise determined by the arbitrator.

7. Making False Statements

It is a violation of this Sexual Violence Policy for anyone to knowingly make a false complaint of sexual violence or to provide false information about a complaint.
Individuals who violate this 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 astudent.

8. Reprisal

It is a violation of this Sexual Violence Policy to retaliate or threaten to retaliate against a complainant who has brought forward a complaint of sexual violence, provided information relatedtoa complaint, orotherwise beeninvolved in
Individuals who violate the SexualViolence Policy are subject to disciplinary and/or correctiveaction, up to andincluding terminationofemployment of instructorsorstaffor expulsion of astudent.
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.
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

9. Review

Elite College Shall ensure thatstudent input is taken into consideration when developing reviewing and amending the Sexual Violence Policy
Elite College shall review its Sexual Violence Policy three years after the initial

implementation and amend where appropriate

10. Collection of Student Data

Elite College shall collect and be prepared to provide upon request by the Superintendent ofPrivateCareerCollegessuchdataandinformation as requiredaccording to Subsections 3 (8),(9) and(10) of Schedule 5 of the Private Career Colleges Act, 2005 as amended.

Appendix A: