POLICY REGARDING SEXUAL VIOLENCE

Responsible Authority: College Coordinator Approval Date: 2015/03/25
Last Reviewed: 2023/11/30
Mandatory Review Date: 2023/10/31

School Contacts:

Anna:
Registrar, Royal Canadian College of Massage Therapy
Telephone: 416-447-1140
Email: annalar.rcc@gmail.com

Revision as per Bill 132 as Amended– March 16, 2016.

1. Policy Application
   The Policy applies to all career college students of Royal Canadian College of Massage Therapy
2. The Scope
   The Policy applies to complaints of sexual violence that have occurred on Royal Canadian College of Massage Therapy campus or at a one of our events and involve our students.
3. Purpose and Intent
   All of Royal Canadian College of Massage Therapy career college students have a right to study in an environment free of sexual violence. This document sets out our policy on sexual violence involving our students, defines the prohibited behaviours, and outlines our investigative processes for sexual violence.
4. Policy Objectives
   Royal Canadian College of Massage Therapy is committed to providing our students with an educational environment free from sexual violence and treating those students who report incidents of sexual violence with dignity and respect. To that end Royal Canadian College of Massage Therapy will provide a copy of this policy to our students, and educate them together with our career college management, employees and contractors about this Policy and how to identify situations that involve, or could progress into sexual violence against our students and how to reduce it.Where a complaint has been made, under this Policy, of sexual violence Royal Canadian College of Massage Therapy will take all reasonable steps to investigate it, including as follows:
   (a) providing on-campus investigation procedures to students for sexual violence complaints;
   (b) responding promptly to any complaint and providing reasonable updates to the complainant and the respondent about the status of the investigation;(c) assisting students who have experienced sexual violence in obtaining counselling and medical care;
   (d) providing students who have experienced sexual violence with appropriate academic and other accommodation; and
   (e) providing students who have experienced sexual violence with information about reporting options as set out in Appendix 1.
5. Definition of Sexual Violence
   This Policy prohibits sexual violence which 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, and includes sexual assault, sexual harassment, stalking, indecent exposure, voyeurism and sexual exploitation.
6. Reporting and Responding to Sexual Violence
   Students, faculty and staff of Royal Canadian College of Massage Therapy will take all reasonable steps to prevent sexual violence involving our students on our career college campus or events by reporting immediately to the Registrar and the College President, if our students have been subject to, or they have witnessed or have knowledge of sexual violence involving our students, or have reason to believe that sexual violence has occurred or may occur which involves our students. 
   
   Subject to paragraph 7 below, to the extent it is possible, The Registrar and the College President, will attempt to keep all information disclosed confidential except in those circumstances it believes an individual is at imminent risk of self-harm, or of harming another, or there are reasonable grounds to believe that others on our campus or the broader community are at risk.
   
   Royal Canadian College of Massage Therapy recognizes the right of the complainant to determine how her or his complaint will be dealt with. However, in certain circumstances, Royal Canadian College of Massage Therapy 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 at risk. A complainant seeking accommodation should contact the Registrar.
7. Investigating Reports of Sexual Violence
   A complaint of sexual violence may be filed under this Policy, by any student of our career college, to the Registrar, in writing. A complainant may ask another person to be present during the investigation. Upon a complaint of alleged sexual violence being made, the Registrar will initiate an investigation, including as follows:
   (a) determining whether the incident should be referred immediately to police; (b) determining what interim measures, if any, need to be taken during the investigation;
   (c) meeting with the complainant to determine 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;
   (d) interviewing the complainant, any person involved in the incident and any identified witnesses;
   (e) interviewing any other person who may have knowledge of incidents related to the complaint or any other similar incidents;
   (f) informing the respondent of the complaint, providing details of the allegations and giving the respondent an opportunity to respond to those allegations;
   (g) providing reasonable updates to the complainant and the respondent about the status of the investigation; and(h) determining what disciplinary action, if any, should be taken.
8. Disciplinary Measures
   If it is determined by Royal Canadian College of Massage Therapy that a student of our career college has been involved in sexual violence, immediate disciplinary or corrective action will be taken up to and including termination of employment of instructors or staff or expulsion of a student. In cases where criminal proceedings are initiated, Royal Canadian College of Massage Therapy will assist police agencies, lawyers, insurance companies, and courts to the fullest extent. Where criminal and/or civil proceedings are commenced in respect of allegations of sexual violence Royal Canadian College of Massage Therapy may conduct its own independent investigation and make its own determination in accordance with its own policies and procedures.
9. Making False Statements
   It is a violation of this Policy for anyone to knowingly make a false complaint of sexual violence or to provide false information about a complaint. Individuals who violate this Policy are subject to disciplinary and / or corrective action, up to and including termination of employment of instructors or staff or expulsion of a student.
10. Reprisal
    It is a violation of this Policy to retaliate or threaten to retaliate against a complainant who has brought forward a complaint of sexual violence, provided information related to a complaint, or otherwise been involved in the complaint investigation process.
11. Review
    This policy will be reviewed 3 years after it is first implemented.
12. Collection of Student Data
    Royal Canadian College of Massage Therapy shall collect and be prepared to provide upon request by the Superintendent of Private Career Colleges such data and information as required according to Subsections 32. 3 (8), (9) and (10) of Schedule 5 of the Private Career Colleges Act, 2005 as amended.
13. Resources
    See Appendix 1

Appendix 1

Canadian Association of Sexual Assault Centres
Ontario Provincial English
Assaulted Women’s Helpline Toll Free: 1-866-863-0511 #SAFE (#7233) on Bell, Rogers, Fido or Telus mobile TTY: 416-364-8762 www.awhl.org

Français
Fem’aide
Telephone toll-free: 1-877-336-2433 ATS: 1 866 860-7082 www.femaide.ca
Sexual Assault/Domestic Violence Treatment Centres
35 hospital-based centres that provide 24/7 emergency care to women. To locate the Sexual Assault/Domestic Violence Treatment Centre nearest you, follow this link.

Local

Brantford
Sexual Assault Centre of Brantford Crisis: 519-751-3471
Office: 519-751-1164
sexualassaultcentre@sacbrant.ca
http://sacbrant.ca/
www.akwesasne.ca/iethinistenha-women’s-shelter

Durham Region
Durham Rape Crisis Centre
Crisis: 905-668-9200
Office: 905-444.9672
info@drcc.ca
www.drcc.ca

Hamilton
Sexual Assault Centre (Hamilton and Area)
Crisis: (905) 525-4162
Office (905) 525-4573
TTY: 905-525-4592
www.sacha.ca

Kitchener-Waterloo
Sexual Assault Support Centre of Waterloo Region Crisis: 519.741.8633
Office: 519.571.0121
info@sascwr.org
www.kwsasc.org

Peel Region
Hope 24/7 (formerly the Sexual Assault/Rape
Crisis Centre of Peel) Crisis:1-800-810-0180
Office: (905) 792-0821
http://hope247.ca/

Newmarket
Women’s Support Network of York Region
Crisis: 1-800-263-6734 or 905-895-6734
Office: (905) 895-3646
www.womenssupportnetwork.ca

Oakville
Sexual Assault & Violence Intervention Services of Halton
Crisis: 905-875-1555 or 1-877-268-8416
Office: 905-825-3622
www.savisofhalton.org

Orangeville
Family Transition Place
Crisis: 1-800-265-9178
Office: 519-942-4122
www.familytransitionplace.ca

Toronto
Oasis Centre des Femmes
Telephone : 416-591-6565
Courriel : services@oasisfemmes.org
http://oasisfemmes.org/

Toronto Rape Crisis Centre: Multicultural Women Against Rape
Crisis: 416-597-8808
Office: 416-597-1171
info@trccmwar.ca
crisis@trccmwar.ca
www.trccmwar.ca

Appendix 2

DEFINITIONS & RELEVANT TERMS

Academic Accommodation
Educational practices, systems and support services designed to accommodate functional challenges based on the best options for a student to successfully complete the academic requirements of their course or program.

College Community
Includes all students, employees of the College, staff of the Students’ Association, contractors, clients, volunteers and visitors to the College.

College Official/Persons in a position of authority
Any College employee who is duly authorized and empowered to carry out official College business / processes / functions / activities on behalf of the College and is acting, within this context, in the name of the College.

Consent
The voluntary and explicit agreement to engage in the sexual activity in question. It is the act of clearly and willingly agreeing to engage in specific sexual behaviour, 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 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 judgment cannot consent.
• A person is incapable of giving consent if 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 in a willing and informed fashion.
• A person who is incapacitated by drugs or alcohol is unable to consent.
• A person’s ability to give consent may be compromised when incapacitated by drugs or alcohol.
• 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 implied or given in the past to a sexual or dating relationship does not mean that consent is deemed to exist for any future sexual activity.
• Current or past flirtatious behaviour is not implied consent.
• 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, an administrator in a relationship with anyone who reports to that position.
• 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.

Note: For information purposes only, the Criminal Code defines “consent” as follows: The voluntary agreement to engage in the sexual activity in question. No consent is obtained, where;

a) the agreement is expressed by the words or conduct of a person other than the complainant;
b) the complainant is incapable of consenting to the activity;
c) the accused induces the complainant to engage in the activity by abusing a position of trust, power or authority;
d) the complainant expresses, by words or conduct, a lack of agreement to engage in the activity; or
e) the complainant, having consented to engage in sexual activity, expresses, by words or conduct, a lack of agreement to continue to engage in the activity.

Employee
For the purposes of this policy, employee includes full-time employees and part-time employees, including bargaining unit members, management and non-unionized employees.

Indecent Exposure
The exposure of the private or intimate parts of the body in a lewd manner, when the perpetrator may be readily observed.

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 behaviours from unwanted touching to penetration.

Sexual Exploitation
Seeking benefit through the non-consensual or abusive sexual control over another.

Any unwanted or offensive sexual behavior that creates a hostile or stressful living, learning, or working environment. Examples of sexual harassment include:

• unwanted sexual advances
• unwanted or uninvited touching

Sexual Harassment

• sexual retaliation or threats
• sexual jokes or comments
• sexual leering, whistling, or gestures
• the displaying of sexually suggestive images.

Sexual harassment can be a single incident or an ongoing pattern of behaviour.

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.

Student
Any person who is currently enrolled in a course or program at Algonquin College, or is in the process of enrolling in a course or program or who were enrolled in a course or program when an alleged incident(s) occurred.

Voyeurism
Observing another in a sexual manner without consent and when they could reasonably expect privacy. This includes direct observation, through the use of an electronic or mechanical device, or through the use of a recording.

The terms below are provided to enhance the context of the references to sexual violence, regardless whether they are used or further defined in this policy.

Acquaintance sexual assault
Sexual contact that is forced, manipulated, or coerced by a partner, friend or acquaintance.

Age of consent for sexual activity
The age at which a person can legally consent to sexual activity. In Canada, children under 12 can never legally consent to sexual acts. Sixteen is the legal age of consent for sexual acts. There are variations on the age of consent for adolescents who are close in age between the ages of 12 and 16. Twelve and 13 year-olds can consent to have sex with other youth who are less than 2 years older than themselves. Youth who are 14 and 15 years old may consent to sexual involvement that is mutual with a person who is less than 5 years older. Youths 16 and 17 years old may legally consent to sexual acts with someone who is not in a position of trust or authority.

Coercion
In the context of sexual assault/sexual violence, coercion is unreasonable and persistent pressure for sexual activity. Coercion is the use of emotional manipulation, blackmail, threats to family or friends, or the promise of rewards or special treatment, to persuade someone to do something they do not wish to do, such as being sexual or performing particular sexual acts.

Drug-facilitated sexual assault
The use of alcohol and/or drugs (prescription or non-prescription) by a perpetrator to control, overpower or subdue a survivor for purposes of sexual assault.

Respondent
The individual alleged of conducting an act of sexual assault or sexual violence.

Stalking
A form of criminal harassment prohibited by the Criminal Code of Canada. It involves behaviours that occur on more than one occasion and which collectively instill fear in the survivor or threaten the survivor/target’s safety or mental health. Stalking can also include threats of harm to the target’s friends and/or family. These behaviours include, but are not limited to non-consensual communications (face to face, phone, email, social media); threatening or obscene gestures; surveillance; sending unsolicited gifts; “creeping” via social media/cyber-stalking; and uttering threats.

Survivor
Some who have been affected by sexual assault/sexual violence may choose to identify as a survivor. Individuals might be more familiar with the term “victim”. We use the term survivor throughout this policy where relevant because some who have been affected by sexual assault believe they have overcome the violent experience and do not wish to identify with the victimization. It is the prerogative of the person who has been affected by these circumstances to determine how they wish to identify.

POLICY

Sexual assault and sexual violence are unacceptable and will not be tolerated. We are committed to challenging and preventing sexual assault/sexual violence and creating a safe space for anyone in our College community who has been affected by sexual assault/sexual violence. The College is expected to be a safe and positive space where members of the College community feel able to work, learn and express themselves in an environment free from sexual assault/sexual violence.

All reported incidents of sexual assault/sexual violence will be investigated in a manner that ensures due process as outlined in the procedures below. It is this policy’s intention to make individuals feel comfortable about making a report in good faith about sexual assault/sexual violence that they have been affected by or witnessed.

We recognize that sexual assault/sexual violence can occur between individuals regardless of sexual orientation, gender, gender identity or relationship status as articulated in the Ontario Human Rights Code. We also recognize that individuals who have been affected by sexual assault/sexual violence may experience emotional, academic or other difficulties.