1.    Purpose

The Canadian National Institute of Health (CNIH) is committed to providing its students, faculty, staff, and contractors with an educational environment free from sexual violence and sexual harassment and to treating those who report incidents with dignity, fairness, and respect.

This policy establishes a framework for preventing, reporting, investigating, and responding to incidents of sexual violence and sexual harassment within the CNIH community.

2.    Authority, Scope and Application

This policy applies to all students, faculty, staff, contractors, and visitors of the CNIH while on campus or participating in activities sponsored by the institution.

The authority for this policy derives from the Ontario Career Colleges Act, 2005, Schedule 5, and applicable regulations pertaining to Sexual Violence and Harassment policies.

The policy applies to all incidents of sexual violence and sexual harassment that occur:

• On CNIH property;

• During CNIH events or activities; or,

• Where the incident has a real and substantial connection to the CNIH community.

For the purposes of compliance with the Career Colleges Act, 2005, this policy constitutes CNIH’s “Sexual Violence and Harassment Policy” applicable to its students.

3.    Definitions

Sexual Violence means 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.

It includes sexual assault, sexual harassment, stalking, indecent exposure, voyeurism, and sexual exploitation.

Complainant refers to the person who has made a report or complaint alleging that they have been the victim of sexual violence.

Respondent refers to the person who has been alleged to have committed an act of sexual violence.

Support Services means any counselling, medical, or other assistance provided by internal or external professionals to individuals affected by sexual violence.

Sexual Harassment means a course of vexatious comment or conduct based on sex, sexual orientation, gender identity, or gender expression that is known or ought reasonably to be known to be unwelcome, and includes:

• • a sexual solicitation or advance made by a person in a position to confer, grant, or deny a benefit or advancement, where the solicitation or advance is known or ought reasonably to be known to be unwelcome; or

  • a reprisal or threat of reprisal for rejecting a sexual solicitation or advance.

For the purposes of this policy, references to “sexual violence and harassment” include both sexual violence and sexual harassment unless otherwise specified.

4.    Roles and Responsibilities

Executive Council

• • Receives reports and complaints of sexual violence and sexual harassment.

  • Ensures investigations are conducted in accordance with this policy.

  • Implements appropriate measures and disciplinary actions.

  • Ensures ongoing compliance with legislative and institutional requirements.

Faculty, Staff, and Contractors

• • Are required to report incidents or complaints of sexual violence or sexual harassment to the Executive Council immediately upon becoming aware of them.

  • Shall participate in training and maintain awareness of their reporting and response obligations under this policy.

Students

• • Are encouraged to report incidents of sexual violence or sexual harassment and seek assistance from the Executive Council or other designated personnel.

  • Will not be penalized for reporting in good faith even if policy violations (e.g., alcohol or drug use) occurred at the time of the incident.

5.    Policy

5.1 Statement of Commitment

(a) CNIH is committed to providing an educational environment free from sexual violence and sexual harassment and to treating students who report incidents with dignity and respect.
(b) CNIH has adopted this Sexual Violence and Harassment Policy, which defines sexual violence and sexual harassment and outlines its training, reporting, investigative, and disciplinary responses to complaints of sexual violence and sexual harassment involving students.
(c) All references to the “College” or “institution” in this policy refer to the Canadian National Institute of Health (CNIH).

5.2 Training, Reporting and Responding to Sexual Violence

(a) CNIH shall include a copy of this policy in every contract made between it and its students, and provide copies to college management, instructors, staff, employees, and contractors.
(b) All college personnel shall be trained regarding this policy and the processes for reporting, investigating, and responding to complaints of sexual violence and sexual harassment.
(c) This policy shall be published on the CNIH website.
(d) Faculty, staff, and contractors shall report incidents or complaints of sexual violence or sexual harassment to the Executive Council at jkeslassy@cnih.ca upon becoming aware of them.
(e) Students seeking support, guidance, or accommodation should contact the Executive Council at the same address.
(f) Subject to Section 5.3 below, CNIH will keep personal information of involved persons confidential to the extent possible, except where:

• • an individual is at imminent risk of self-harm or harming another; or

  • there are reasonable grounds to believe others in the community are at risk.

(g) CNIH recognizes the right of the Complainant not to report or not to participate in an investigation.
(h) However, in cases where safety of community members is at risk, CNIH may be legally or ethically required to initiate an internal investigation or contact law enforcement.
(i) Students affected by sexual violence or sexual harassment will be assisted in accessing counselling, medical care, and other support services as outlined in Appendix 1. A formal complaint is not required to receive support.

5.3 Investigating Reports of Sexual Violence

(a) Any student may file a written report or complaint with the Executive Council.
(b) Investigations will involve the CNIH Prevention & Response Team (PRT).
(c) Upon receipt of a report, the Executive Council will:

• • determine whether an investigation should proceed;

  • appoint an appropriate investigator;

  • determine whether police involvement is necessary; and

  • implement interim safety or academic measures where required.

(d) The investigation shall include interviews with the Complainant, Respondent, and any witnesses, with procedural fairness ensured for all parties.
(e) Following the investigation, the Executive Council shall:

• • review evidence and findings;

  • determine whether sexual violence and/or sexual harassment occurred; and

  • determine disciplinary or corrective action in accordance with Section 5.4.

5.4 Disciplinary Measures

(a) If sexual violence or sexual harassment is substantiated, disciplinary or corrective action may include:

• • termination of employment for staff or faculty;

  • expulsion of a student;

  • restrictions on campus access; or

  • any other appropriate measure.

(b) Where the Respondent is an employee, disciplinary or corrective action related to sexual violence or sexual harassment may also engage the CNIH Sexual Misconduct Policy and applicable employment legislation.

5.5 Appeal

(a) Either the Complainant or Respondent may appeal the outcome of an investigation within five (5) working days by submitting a written appeal to the Executive Council.
(b) The appeal must specify the grounds and requested resolution.

5.6 Making False Statements

(a) It is a violation of this policy to knowingly make a false complaint or provide false information.
(b) Individuals who do so may face disciplinary or corrective action up to and including termination or expulsion.

5.7 Reprisal

(a) It is a violation of this policy to retaliate or threaten retaliation against anyone who:

• • makes a complaint;

  • provides information; or

  • participates in an investigation.

(b) Retaliation will result in disciplinary or corrective action up to and including termination or expulsion.

6.    Collection of Student Data

The CNIH, registered as a career college under the Ontario Career Colleges Act, 2005, shall collect and be prepared to provide, upon request by the Superintendent of Career Colleges, such data and information as required according to Subsections 32.1 (8), (9), (10) and (11) of Schedule 5 of the Act as amended.

7.    Review

This policy shall be reviewed annually, or sooner if required due to changes in legislation, regulatory standards, or institutional procedures.