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, and for providing appropriate supports, services, and accommodations to students affected by sexual violence

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, and applicable regulations pertaining to Sexual Violence and Harassment policies, including Ontario Regulation 415/06.

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 Ontario Career Colleges Act, 2005 and Ontario Regulation 415/06, this policy constitutes CNIH’s Sexual Violence Policy and also addresses sexual harassment as a form of sexual violence.

Where this policy conflicts with CNIH’s Expulsion Policy, this Sexual Violence and Harassment Policy shall prevail.

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.
• Ensures that appropriate supports, services, accommodations, interim measures, and protections against retaliation are considered and implemented where required.

Corporate Directors, Owners, Controlling Shareholders, Partners, Persons Who Manage or Direct the Affairs of CNIH, and Agents

• Shall comply with this policy and ensure that incidents or complaints of sexual violence that come to their attention are promptly referred to the appropriate CNIH official.
• Shall participate in training required under this policy and applicable legislation.

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.
• Shall direct students affected by sexual violence to available supports, services, and accommodations and maintain confidentiality in accordance with 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.
• A student who, in good faith, reports an incident of or makes a complaint about sexual violence will not be subject to discipline or sanctions for violations of CNIH policies relating to drug or alcohol use at the time the alleged sexual violence occurred.

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.

Training shall include CNIH’s process for responding to and addressing incidents and complaints of sexual violence, including the investigation and decision-making processes, procedural fairness, interim measures, confidentiality, appeals, accommodations, and protections available under this policy.

(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.

CNIH will appropriately accommodate the needs of students affected by sexual violence. Accommodations may include, where appropriate, changes to academic schedules or deadlines, alternative arrangements for classes, examinations, laboratories, clinics, practicums or placements, temporary leaves or absences, changes to campus access arrangements, safety measures, no-contact arrangements, or other reasonable academic or institutional accommodations.

CNIH will not charge a fee for providing supports, services, or accommodations to a student affected by sexual violence or for referring a student to supports or services available in the community.

(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.

A student is not required to report an incident of sexual violence or make a formal complaint in order to obtain supports, services, or accommodations from CNIH.

(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.

Where CNIH determines that an investigation or other action is required despite a student’s decision not to participate, CNIH will, where reasonably possible, inform the affected student and take the student’s safety, privacy, and wishes into consideration.

(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, services, or accommodation.

5.3 Investigating Reports of Sexual Violence

(a) Any student may file a written report or complaint with the Executive Council.

Reports or complaints may also initially be made verbally. CNIH may request that information be documented in writing where appropriate to facilitate an investigation.

(b) Where an investigation is required, the Executive Council shall appoint an appropriate investigator. The investigator may be an appropriate CNIH representative or an external investigator where circumstances warrant independence or specialized expertise. The investigator shall be impartial and shall not have a conflict of interest in relation to the complaint.

(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.

In determining whether an investigation should proceed, CNIH will conduct an initial assessment and may consider:

• whether the allegations, if substantiated, would constitute sexual violence or sexual harassment under this policy;
• whether the incident has a sufficient connection to CNIH or a student enrolled at CNIH;
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• the wishes of the person affected by the alleged sexual violence;
• whether sufficient information is available to permit an investigation;
• whether there is an ongoing or potential risk to the safety of the Complainant or other members of the CNIH community; and
• CNIH’s legal and regulatory obligation

The decision regarding whether an investigation will proceed will be communicated to the affected student where appropriate.

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

The investigation may also include the review of relevant documents, communications, records, or other evidence. The Respondent will be provided with sufficient information regarding the allegations to permit a meaningful response, and each party will be provided with an appropriate opportunity to provide relevant information and respond to material information relevant to the determination.

Procedural fairness under this policy includes, as applicable:

• providing the Respondent with notice of the substance of the allegations;
• providing each party with a meaningful opportunity to provide relevant information and respond to the allegations or material evidence;
• using an impartial investigator and decision-maker;
• considering relevant information and evidence;
• avoiding predetermined conclusions;
• making decisions based on the information gathered during the investigation; and
• communicating the outcome to the parties as appropriate and permitted by law.

A party to an investigation or decision-making process has the right to have a person present with them at every stage of the process. The support person may provide personal or emotional support but may not interfere with the investigation or answer questions on behalf of the party unless CNIH has approved an accommodation permitting them to do so.

Students who disclose their experience of sexual violence through reporting an incident, making a complaint, or accessing supports or services for sexual violence will not be asked irrelevant questions during the investigation process by CNIH staff or investigators, including irrelevant questions relating to the student’s sexual expression or past sexual history.

While an incident or complaint is being investigated or a decision is pending, CNIH may implement interim measures where reasonably necessary to protect the parties, preserve the integrity of the investigation, or maintain a safe educational environment. Interim measures may include:

• no-contact directives;
• temporary changes to academic, clinic, practicum, placement, or work schedules;
• alternative arrangements for classes or assessments;
• temporary restrictions on access to specified areas of the campus;
• temporary changes in reporting or supervisory relationships;
• increased security or safety arrangements; or
• other appropriate temporary measures.

Interim measures are not disciplinary findings and do not constitute a determination that the allegations have been substantiated.

During an investigation, CNIH will take reasonable measures to protect the personal information and confidentiality of the Complainant, Respondent, witnesses, and other persons involved. Information will only be disclosed where reasonably necessary to conduct a fair investigation, provide supports or accommodations, implement interim or protective measures, make or implement a decision, address a significant risk of harm, comply with law, or otherwise fulfil CNIH’s legal or regulatory obligations. Records relating to reports, complaints, and investigations will be maintained securely with access limited to persons who require the information to perform their responsibilities.

(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.

Other measures may include education or training requirements, behavioural expectations, no-contact requirements, restrictions on participation in CNIH activities, suspension, or other corrective or protective measures appropriate to the circumstances.

(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.

Grounds for appeal may include:

• a material procedural error that could reasonably have affected the outcome;
• relevant new evidence that was not reasonably available during the investigation; or
• a reasonable apprehension of bias or conflict of interest affecting the investigation or decision.

Where practicable, an appeal will be reviewed by a person who was not responsible for the original decision. The appeal decision will be communicated to the parties as appropriate and will constitute CNIH’s final internal decision under this policy.

5.6 Making False Statements

(a) It is a violation of this policy to knowingly make a false complaint or provide false information.

A complaint that is not substantiated does not, by itself, constitute a false complaint.

(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.

This protection also applies to any person who reports an incident of sexual violence or seeks supports, services, or accommodations under this policy.

Where appropriate, CNIH may implement measures to protect a person from retaliation or threats of retaliation, including:

• no-contact directives;
• restrictions on communication;
• changes to class, clinic, practicum, placement, or work schedules;
• restrictions on access to specified areas of the campus;
• temporary restrictions on participation in CNIH activities; or
• other measures reasonably necessary to protect the individuals involved.

(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 under the Ontario Career Colleges Act, 2005 and its regulations relating to sexual violence involving students.

CNIH will take reasonable measures to protect personal information when collecting, maintaining, using, or providing such data and information.

7. Review

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

CNIH will ensure that student input is considered whenever this policy is developed, reviewed, or amended. CNIH will, at minimum, conduct the review required under the Ontario Career Colleges Act, 2005 at least once every three years and amend the policy as appropriate.