SEXUAL VIOLENCE POLICY
1. PURPOSE
1.1 Commitment
2574346 Ontario Ltd. o/a Elite College of Business and Health Care is committed to providing students with an educational environment free from sexual violence. The College will treat students who report incidents of sexual violence with dignity and respect and will appropriately accommodate the needs of students affected by sexual violence.
1.2 Policy Scope
Elite College of Business and Health Care has adopted this Sexual Violence Policy to define sexual violence and to outline the College’s processes for reporting, investigation, training, and disciplinary responses to complaints of sexual violence involving students that occur on campus or at Elite College of Business and Health Care–hosted events.
- Parties
- The person accused of engaging in sexual violence is referred to as the “Respondent.”
- The person making the allegation is referred to as the “Complainant.”
2. DEFINITIONS
2.1 Sexual Violence
Any sexual act or act targeting a person’s sexuality, gender identity, or gender expression—whether physical or psychological—that is committed, threatened, or attempted against a person without consent. This includes sexual assault, sexual harassment, stalking, indecent exposure, voyeurism, and sexual exploitation.
2.2 Consent
As defined by the Criminal Code of Canada, consent is the voluntary agreement of the complainant to engage in the sexual activity in question. No consent is obtained if, among other circumstances:
- The agreement is expressed by someone other than the complainant;
- The complainant is incapable of consenting;
- The accused abuses a position of trust, power, or authority;
- The complainant expresses, by words or conduct, a lack of agreement; or
- The complainant withdraws consent after initially consenting.
2.3 Sexual Assault
Any assault of a sexual nature that violates a person’s sexual integrity.
2.4 Sexual Harassment
A form of discrimination involving unwelcome conduct or comments that are known, or ought reasonably to be known, to be offensive, intimidating, or humiliating. This includes cyber-harassment.
2.5 Stalking
Conduct constituting criminal harassment under the Criminal Code of Canada, including repeated following, communication, surveillance, or threatening behaviour.
2.6 Voyeurism
Surreptitious observation or visual recording—by mechanical or electronic means—of a person in circumstances where there is a reasonable expectation of privacy.
2.7 Sexual Exploitation
Sexual conduct by a person in a position of trust or authority toward a young person, including sexual touching or inducing a young person to engage in sexual activity.
3. TRAINING, REPORTING, AND RESPONDING TO SEXUAL VIOLENCE
3.1 Distribution and Training
A copy of this policy will be included in every student contract and provided to management, instructors, staff, employees, and contractors. Training will be provided on reporting, investigating, and responding to sexual violence complaints.
3.2 Publication
This policy will be published on the Elite College of Business and Health Care website.
3.3 Mandatory Reporting by Staff
All Elite College of Business and Health Care personnel must report incidents or complaints of sexual violence upon becoming aware of them to:
Linda Tsang
Sexual Violence Designate
Email: linda@elitecollege.school
3.4 Student Support Contact
Students affected by sexual violence or seeking information about support services should contact the Sexual Violence Designate.
3.5 Confidentiality
Elite College of Business and Health Care will keep personal information confidential except where there is imminent risk of harm or a legal obligation to disclose. Confidentiality will be maintained by:
- Limiting access to information to those who need to know; and
- Keeping investigation records separate from academic files.
3.6 Right Not to Report
Complainants have the right not to report an incident, not to request an investigation, and not to participate in an investigation.
3.7 College-Initiated Action
Despite section 3.6, Elite College of Business and Health Care may initiate an investigation or notify police where required by law or where campus or community safety is at risk.
3.8 Accommodation and Support
Elite College of Business and Health Care will accommodate students affected by sexual violence and assist them in accessing counselling, medical care, and community support services (see Appendix A). A formal complaint is not required to access supports.
4. INVESTIGATING REPORTS OF SEXUAL VIOLENCE
4.1 Filing a Complaint
Any Elite College of Business and Health Care student may file a written report or complaint with the Sexual Violence Designate. Other officials involved may include:
- Pak Lam, Campus President
If a complaint is made against the Campus President or Vice President, they will not participate as investigators.
4.2 Initial Assessment
Upon receiving a complaint, the Sexual Violence Designate will notify the Campus President and Vice President and promptly:
- Determine whether an investigation should proceed;
- Determine who will conduct the investigation;
- Decide whether the matter should be referred to police; and
- Implement interim measures as necessary.
4.3 Investigation Process
The investigation may include:
- Advising both parties of their right to have a support person present;
- Interviewing the Complainant and Respondent;
- Interviewing witnesses;
- Providing reasonable status updates; and
- Reviewing all evidence to determine whether sexual violence occurred and appropriate disciplinary action.
5. DISCIPLINARY MEASURES
If sexual violence is substantiated, disciplinary action may include:
- Termination of employment;
- Expulsion of a student;
- Restrictions on access to campus facilities; and/or
- Other appropriate corrective actions.
6. APPEAL PROCESS
6.1 Right to Appeal
Either party may appeal a decision to an Appeal Board of three staff members within 30 days.
6.2 Appeal Hearing
Appeals must be submitted in writing with detailed grounds. A hearing will be held within two weeks, and a written decision issued within seven days.
6.3 Home Office Appeal
Further appeals may be submitted to the Home Office on grounds of procedural error or bias only.
7. FALSE STATEMENTS
Knowingly making false complaints or providing false information is a violation of this policy and may result in disciplinary action.
8. REPRISAL
8.1 Retaliation against anyone involved in a sexual violence complaint is prohibited.
8.2 Disciplinary action will be taken against individuals who engage in reprisals.
8.3 Students reporting 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 career college’s policies relating to drug or alcohol use at the time the alleged sexual violence occurred
8.4 During the institution’s investigative process, 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 career college’s staff or investigators, including irrelevant questions relating to the student’s sexual expression or past sexual history. Examples of such irrelevant questions would include those relating to past sexual history or sexual expression.
9. POLICY REVIEW
9.1 Student input will be considered when reviewing or amending this policy.
9.2 The policy will be reviewed and updated every three years. after it is first implemented and amend it where appropriate. This date is March 10th.
10. COLLECTION OF STUDENT DATA
Elite College of Business and Health Care will collect and provide data as required under the Ontario Career Colleges Act, 2005, Schedule 5, Subsections 32.3(8)–(10).
APPENDIX A
- Women’s Support Network of York Region (WSN)
Phone: Crisis: 905-895-7313 / 1-800-263-6734; Office: 905-895-3646
Email: info@womenssupportnetwork.ca
24/7 crisis support, counseling, peer groups, advocacy for sexual violence survivors, including human trafficking; serves all genders.
- York Region Centre for Community Safety (YRCCS)
Phone: 905-836-7601; Crisis: 1-855-541-2220
Email: info@yrccs.ca
Crisis intervention, safety planning, housing, and referrals for sexual assault, domestic violence, and trafficking victims in Markham and York Region.
- Women’s Centre of York Region (WCYR)
Phone: 905-853-9270
Email: info@wcyr.ca
Emotional/practical support, counseling, victim services for abuse/trauma; partners with shelters for York Region residents.
- Mackenzie Health DASA Care Centre
Phone: 905-883-1212 ext. 7395 or ext. 0 (after hours); Toll-free: 1-800-521-6004
Email: dasa@mackenziehealth.ca
Medical forensic exams, crisis care, and follow-up for sexual assault/domestic abuse survivors (Richmond Hill, serving Markham).
- Assaulted Women’s Helpline
Phone: 1-866-863-0511 (24/7); TTY: 1-866-863-7868
Email: info@awhl.org
Province-wide crisis counseling, safety planning, shelter referrals for abused women; multilingual support.
- York Support Services Network (YSSN) Crisis Line
Phone: 1-855-310-2673
Immediate emotional crisis support across York Region, including for violence survivors.
