1.00 PREAMBLE

1.01 Trade Smart College: Apprenticeship Pathways recognizes an individual’s right to work, study and live in an environment of mutual respect and understanding that is free from sexual violence. We are committed to making every effort to prevent sexual violence within the College community through awareness, prevention, support and accountability.

2.00 PURPOSE

2.01 The purpose of this policy is to set out how Trade Smart College will respond to and address sexual violence involving students and staff of the College.

2.02 When an act of sexual violence involving a staff member or student becomes known to the College in accordance with this policy and its associated procedures, the College will respond with the aim of providing appropriate supports and accommodations to all affected individuals.

3.00 DEFINITIONS

3.01 Bystander: a bystander is anyone who is in a position to intervene before, during or after the action(s) of sexual violence and includes those who receive a disclosure of sexual violence. A bystander is neither a person who is the subject of sexual violence nor a person accused of engaging in the sexual violence.

3.02 Complaint: a complaint initiates a formal process under this Policy. A complaint may prompt an internal or external investigation and may result in a range of possible accountability measures and sanctions. Such action will require a declaration of the particulars of the allegations to the College (e.g., names, date, details of the incident) for the purpose of due process and procedural fairness.

3.03 Complainant: a staff or student of the College community who has brought forward a complaint.

3.04 Consent: Consent is an active, direct, voluntary, and conscious choice and agreement to engage in any sexual activity by a person capable of consenting. Consent cannot be given by a person who is incapacitated by alcohol, drugs, or who is unconscious, asleep, or otherwise lacks the capacity to give consent. Consent can be revoked at any time and cannot be assumed nor implied. These elements of consent must be explicit. It is not acceptable for a person who is said to have engaged in sexual violence to use their own consumption of alcohol or drugs as an excuse for their mistaken belief that there was consent.

For further clarity, consent:

1. Consent is active: the absence of “no” is not consent;
2. Consent can be withdrawn at any time through words or behaviour;
3. When engaging in physical contact or sexual activity it is the responsibility of all person(s) to attain consent;
4. Consent to one sexual act does not constitute or imply consent to a different sexual act;
5. Consent given at one time does not indicate or suggest that consent has been given at other times or will be given at a future time;
6. Consent is required regardless of the parties’ relationship status or sexual history together;
7. Consent can never be obtained through threats, trickery, coercion, pressure or other forms of control or intimidation; and,
8. Consent may be compromised where individuals are in a position of power and/or authority.

3.05 Disclosure: when a student or staff who has experienced sexual violence tells someone about their experience. The student or staff who discloses can receive support without making a complaint. Any Member of the College community can receive disclosures and there is no mandatory reporting requirement when a member of the college community receives a Disclosure except in the instances described in the Limits to Confidentiality section (e.g. mandatory reporting to a municipal or provincial police service).

3.06 Member(s) of the College Community: persons who currently work, volunteer or study at the College. 

3.07 Respondent(s): a member or members of the college community against whom allegations of sexual violence have been made. Use of this term does not imply pre-determination that the Respondent is culpable of misconduct.

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

3.09 Staff: An individual who is employed at Trade Smart College, full or part time, including volunteers. This term also includes all members of the senior executive team of the College.

3.10 Student: An individual registered in a course of study as a student at the College., either full-time or part-time, pursuing any vocational or non-vocational certificate or diploma programs.

3.11 Survivor: for the purpose of this Policy means an individual who identifies their experience as sexual violence. A Survivor may also be referred to by other terms such as “complainant”.

3.12 Intimate Partner Violence (IPV): occurs between two people involved in an intimate relationship. It is a non-gendered reference, acknowledging the interchangeable roles of aggressor and victim. IPV is inclusive of all forms of relationships, e.g. hetero/same sex, married/common law/dating.

4.00 JURISDICTION / SCOPE

4.01 This policy and the accompanying procedures apply to all staff and students—regardless of their position or role, or time of incident (e.g., evenings, weekends and holidays)—when on College property or when off-campus.

4.02 Additional College policies and procedures may apply to complaints involving College staff.

4.03 While the College is committed to providing supports and resources, there may be geographical and jurisdictional limitations that affect the College’s ability to investigate for the purposes of a complaint, such as if the experience occurred at a remote jobsite during internship placement, or an employer is unwilling to allow the College access to a site. In such cases, the College will make every attempt to work with an employer and/or other authorities to address the complaint, subject to the survivor’s wishes.

4.04 The College will work with employers who take on students during internship placements to facilitate the application of this policy and procedures.

4.05 This Policy does not prevent survivors from seeking alternative or additional recourse through criminal or civil proceedings. Procedures set out under this policy may be suspended when there are criminal or civil proceedings. However, the College may continue to provide accommodations and support to those affected by sexual violence. 

4.06 The Student Code of Conduct and the Expulsion Policy of Trade Smart College make additional reference to discrimination and harassment based on the prohibited grounds under the Ontario Human Rights Code, including sex, sexual orientation, gender identity and gender expression, which are outside the scope of this policy.

4.07 Intimate partner violence is addressed through this policy whether or not sexual violence has occurred.

5.00 POLICY

5.01 Trade Smart College condemns sexual violence of any kind. The College recognizes that sexual violence impacts people of all genders but it does not impact everyone equally. Consequently, responses, prevention efforts, and supports will take into consideration the complexities of violence as experienced by people with intersecting identities. The College will endeavour to provide supports in ways that are most appropriate for the situation on a case-by-case basis, and may enlist the assistance of external experts for advice or provision of support.

5.02 Trade Smart College is committed to fostering a culture where sexual violence is viewed as unacceptable and intolerable by all members of the college community. If and when sexual violence occurs, all staff and students will be treated with compassion, dignity and respect. The College will work to provide support options to survivors that are appropriate for their intersecting identities, lived experiences, and healing needs. Individuals who commit acts of sexual violence are to be held accountable for those actions through College procedures that follow principles of fairness. Survivors will not be blamed, nor will they experience reprisals for having experienced sexual violence.

5.03 All staff and students impacted by sexual violence at the College have the right to access non-judgmental and compassionate support where they will be treated with dignity and respect. They have the right to receive information about both College and community services, resources and complaint options, and to be able to choose those which they determine will be most beneficial to them. All staff and students have the right to be accompanied by a support person of their choice to College meetings related to their case. Staff and students can expect the College to take reasonable action, and to provide reasonable accommodations, to provide a safe and supportive working and learning environment. This will include assistance in the creation of a personal safety plan if desired. 

Staff and students will be kept informed, in a timely manner, about College processes that are undertaken as a result of information they have provided in a disclosure or following the filing of a complaint, including who is informed about their case, the status and outcome of an investigation, and whether early resolution or interim measures have been taken. All complainants will be given the right to act as an integral decision-maker in situations pertaining to themselves. Please consult Appendix A: Limits to Confidentiality for further information.

5.04 A student affected by sexual violence may choose among several options including:

2. Making a disclosure in order to access ongoing support, accommodations and resources related to sexual violence experienced prior to or during their time at the College (see Procedure 2.0);
3. Filing a complaint to engage the complaint procedures and possible accommodations, actions or sanctions as noted in the Procedures (see Procedure 3.0-8.6)
4. These options are not mutually exclusive, and survivors may pursue any, all, or none of them.

5.05 The College is committed to responding to complaints of sexual violence fairly and expeditiously and recognizes the difficulty of being involved in a complaint process. Responses are guided by a commitment to the respectful treatment of all individuals involved and to procedural fairness.

5.06 The College will offer supports and welcomes survivors to choose to seek a number of different community-based supports based on their unique needs. Examples of these resources that serve diverse populations could include LGBTQ2IA supports, elders, faith or culturally based counselling, etc. The College is committed to collaborating with community agencies to fulfill the awareness and support commitments outlined in this policy.

5.07 In collaboration with members of the College community and community partners, Trade Smart College will continue to monitor best practices and existing research within and beyond the institution, and review and update this policy as directed by the Ministry and relevant legislation.

5.08 Awareness is an essential component of prevention efforts, which strengthens personal and institutional accountability. Therefore, the College is committed to raising awareness about sexual violence to all members of the College community. The College will provide those who will be enacting this policy and staff members who are the most likely to receive disclosures with training on this policy, sexual violence, and how to respond in a trauma-informed way to Disclosures (please see Appendix B: Education & Awareness).

5.09 The accompanying procedures outline how the College responds to incidents of sexual violence. These procedures aim to be responsive to the complexities of sexual violence. All staff and students found responsible for committing acts of sexual violence will be held accountable and may be subject to sanctions and discipline under this policy and procedures.

6.00 RETALIATION AND REPRISAL

6.01 The College will not tolerate any retaliation or reprisal, through any means including through social or other electronic media, against anyone who discloses or reports an incident of sexual violence, or who participates in a College process that is addressing allegations of sexual violence. Retaliation or threat of retaliation or reprisal may result in further disciplinary action under this or other College policies, and/or referral to other authorities such as the police.

6.02 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 career college’s policies relating to drug or alcohol use at the time the alleged sexual violence occurred.

6.03 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.

RELEVANT LEGISLATION

• Canadian Criminal Code, RSC 1985, c. C-46
• Child and Family Services Act, RSO 1990, c. C. 11
• Ontario Human Rights Code, RSO 1990, c. H.19
• Occupational Health & Safety Act, RSO 1990, c. 0.1
• sexual violence and Harassment Action Plan Act (Supporting Survivors and Challenging sexual violence and Harassment), SO 2016

RESOURCE

This policy is based on the advice and recommendations contained in the following document. 

Ontario Women’s Directorate (2013). Developing a Response to Sexual Violence: A Resource Guide for Ontario’s Colleges and Universities. 

The following procedures are also based on the Ontario’s Women’s Directorate (2013) document and have been expressly written for Trade Smart College, including the specification of local resources and supports.

PROCEDURES FOR RESPONDING TO INCIDENTS OF GENDERED AND SEXUAL VIOLENCE

1.0 Supports

1.1 Supports, services and/or accommodations are available to all staff and students (survivors and respondents) affected by sexual violence regardless of when or where the violence took place and whether or not a complaint is made.

1.2 To disclose sexual violence, seek support or accommodations, and/or learn about complaint options staff or students may contact the Campus Director, or a staff member that the complainant feels comfortable disclosing to. 

1.3 Additional supports are available to persons who have experienced, witnessed, or who have received a disclosure through community agencies such as SACHA (Sexual Assault Centre – Hamilton and Area) 75 MacNab St S, Hamilton, ON L8P 3C1. Phone: (905) 525-4573, sacha.ca. For people requiring shelter from abuse, please contact Interval House of Hamilton – Crisis Line: (905) 387-8881, intervalhousehamilton.org. 

2.0 Disclosure, Support and Complaint Options

2.1 Survivors are encouraged to connect with the Campus Director or SACHA for support and guidance about options.

2.2 Staff and students affected by sexual violence may access College supports and services at any step in this procedure. A survivor can access referrals to external sexual violence counselling, resources, accommodations, supports, and to learn about options and complaint processes. The College records non-identifying data about disclosures of incidents of sexual violence.

2.3 A student or staff member who has experienced sexual violence may:

1. Make a Disclosure– A Disclosure occurs when a person who has experienced sexual violence tells someone about their experience. Someone who discloses can receive support without making a complaint. Disclosures can be received by any member of the college community and there is no mandatory reporting requirement when a member of the college community receives a disclosure except in the instances described in Appendix A: Limits to Confidentiality. Members of the college community who receive a disclosure should inform the discloser about this policy and encourage connection with the Campus Director or SACHA so that supports and service options can be discussed. The person receiving the disclosure may also seek supports, if necessary.
2. Make a Complaint– A complaint initiates a formal process under this Policy. A complaint may prompt an internal or external investigation and may result in a range of possible accommodations, actions or sanctions as noted in this procedure. The process for initiating a complaint is set out below. Survivors are encouraged to connect with the Campus Director and/or SACHA for assistance prior to filing a complaint.

3.0 Complaint

3.0.1 Right to representation and support. At any interview or proceeding related to the decision-making process of a complaint under this policy, individuals may bring a support person who may be internal or external to the College and/or be accompanied by a legal representative.

3.0.2 As the complaint moves through the resolution process, the complainant(s) will receive written notification, in advance, of steps to be taken under this policy to provide an opportunity for internal College or external community supports to be put in place to address plans for safety, wellness, and academic accommodations.  

3.1 Filing a Complaint

3.1.1 Any staff or student may file a complaint of violation under this Policy against another staff or student.

3.1.2 Complaints against staff members of the college community may be addressed under additional College policies.

3.1.3 If, following consultation and informal intervention processes (where appropriate) there is no resolution, the individual bringing forward the concern may choose to file a complaint. In filing a complaint, the complaint must be submitted in writing to the Campus Director. If the Campus Director is the subject of the complaint, it should be addressed to the director’s supervisor. The complaint must include adequate information (e.g. who, what, when, where) so that the respondent can understand the complaint.

3.1.4 Upon receipt of the complaint, the Campus Director will determine whether the issues noted in the complaint are within the jurisdiction of the College to resolve and within the scope of this policy.

3.1.5 Individuals are encouraged to submit complaints in a timely way and generally it is recommended that the complaint be filed within one year of the date of the incident(s) addressed in the complaint to facilitate investigation and resolution efforts. However, the College will accept a complaint for as long as the individual(s) against whom the allegations of sexual violence are made is/are a student(s) or staff.

3.1.6 Upon receipt of a complaint, the Campus Director or designate, will follow-up in a timely way to address the complaint and to make assessments related to risk and the applicability of this policy.

3.1.7 The integrity and efficacy of the complaint process requires that all individuals involved in the process consider their actions and obligations under College policies and procedures, including privacy and confidentiality. College employees as well as the complainant(s) and respondent(s) who, by virtue of their position, are privy to information or in possession of documentation pertaining to a complaint shall hold such information in confidence. Confidentiality shall not prevent the College from fulfilling its responsibilities under applicable legislation, or where there is a concern relating to the safety or security.

3.2 Response

3.2.1 The Campus Director or designate will provide complaint details to the individual(s) named in the complaint (the respondent(s)). The respondent(s) may provide a written response to the complaint, which should be filed with the Campus Director as soon as reasonably possible, and in accordance with timelines established by the director.

3.3 Complaint Resolution

3.3.1 The Campus Director or designate may consult with or seek assistance from appropriate College officials or external advisors in resolving a complaint. Unless disclosure is required for safety or security reasons, confidential identifiers will be used for all consultations.

3.3.2 Allegations of sexual violence are very serious and must be handled accordingly. Once a complaint has been filed, the College has an obligation to respond expeditiously.

3.3.3 If a complaint has also resulted in criminal or civil proceedings, the Campus Director or designate may choose to defer investigation and/or resolution of the complaint. A complainant or respondent may request to the Campus Director in writing that the college postpone the complaint Resolution process until completion of the criminal or civil proceedings. The Campus Director or designate will provide a decision, with reasons, to a complainant’s or respondent’s request prior to the start of an investigation or further steps in the complaint resolution process. During this time, the College may institute and maintain interim measures as appropriate.

4.0 Interim Measures

4.0.1 The Campus Director or designate will determine if measures are required to protect the safety and security of the complainant(s) or members of the college community or to facilitate resolution of the complaint (“interim measures”). In determining whether to impose interim measures and the most appropriate interim measure, the Campus Director or designate will consider all relevant and necessary information, including the nature of the allegations and specific circumstances in the situation.

4.0.2 Interim measures may include:

1. Banning access from campus (includes all College buildings or property);
2. Restricted access to College facilities (including classes, buildings or placements);
3. Involuntary withdrawal (i.e. suspension, firing);
4. Voluntary withdrawal; and/or
5. Restrictions on any other College activities or privileges for which the staff or student might otherwise be eligible, as the College may determine to be necessary or appropriate.

4.0.3 Interim Measures will remain in effect for as long as reasonably required pending the outcome of the complaint.

5.0 Early Resolution of the Complaint

5.1 The Campus Director or designate, will offer to meet or speak with all participants in the complaint to discuss the issues in the complaint in an effort to seek understanding and develop consensual, mutually satisfying solutions.

5.2 Solutions may include early interventions and resolutions such as, facilitated conversations, voluntary mediation (direct or indirectly held through a third party) or other restorative mechanisms, when appropriate. Participants must remain free from reprisal during these confidential resolution meetings if meaningful resolution is to occur. The sessions cannot be relied upon for future processes either internal or external.

5.3 Prior to engaging in a resolution process, the Campus Director or designate will inform all individuals involved in the process of their need to consider the possible impact of their participation on other external processes (e.g. criminal or civil legal processes) and encourage participants to seek further advice as they may deem appropriate. The Campus Director is available to provide support for both the complainant and respondent(s).

5.4 If a resolution is achieved, the details will be documented and set out in a written agreement that must be reviewed and signed by all parties. The agreement may be created by the Campus Director, or an appointed mediator/facilitator. A copy of the signed resolution agreement will be provided to all parties and may be provided to college directors as reasonably necessary to implement the terms of the resolution. The Campus Director or designate will monitor the implementation of the terms of the resolution agreement.

5.5 A copy of the terms of the resolution shall be confidentially retained in the files of the Campus Director and shall not be placed in official student or employee files. Files will be confidentially destroyed in accordance with College policy and records retention protocols.

6.0 Investigation

6.0.1 An investigation may be required when other efforts to resolve the complaint have not been successful or are not appropriate.

6.0.2 A complainant may choose not to request an investigation by the College and has the right not to participate in any investigation; however, where the College determines there are issues relating to safety, security or legal obligations, it may decide to proceed to conduct an investigation without the complainant’s participation.

6.0.3 Investigator(s) shall be appointed by the College and the investigation shall occur as promptly as possible. Investigator(s) may include individuals internal or external to the college, but in no event will an individual in a reporting relationship to the complaint(s) or respondent(s), or who may have a conflict of interest, be appointed as an investigator.

6.0.4 The investigator(s) shall receive a copy of the complaint, response and any relevant documents. The investigator will interview the complainant(s), respondent(s) and any applicable witnesses or individuals with knowledge of the events being investigated.

6.0.5 Members of the college community will not be penalized for filing a complaint in good faith or participating in an investigation.

6.0.6 Where early intervention processes were conducted, no information shall be provided to the investigator other than a notation that the parties participated in the process.

6.0.7 Staff and students involved in an investigation may be accompanied by another person during all investigation and decision-making processes, which may include a colleague or support person of his or her choosing, legal or other representation at their expense. The support person’s role is not to act or speak on behalf of the person involved in the investigation, but to be available for assistance and support. 

6.1 Investigation Report

6.1.1 Following completion of the investigation, the investigator(s) shall provide a written report that will be securely maintained in the Office of the Campus Director. The report will include:

1. a finding on each allegation in the complaint;
2. sufficient detail to outline the rationale for the finding(s);
3. as appropriate, recommendations on actions or sanctions relating to the issues in the complaint or more general workplace or conflict resolution issues.

6.1.2 The complainant and respondent shall receive a written summary of the investigator’s report including the outcome of the investigation of the complaint and steps to be taken by the College arising from the complaint. Witnesses will not be identified to either the complainant or respondent. The information in the investigator’s report is confidential and will only be disclosed in accordance with College privacy policies or to comply with legislation or legal obligations.

7.0 Decision

7.1 The Campus Director or designate will set out their decision, with reasons, in writing, including a summary of the information relied upon in making the decision. This written decision will be provided to the complainant and the respondent.

7.2 The Campus Director or designate may access internal College or external resources for guidance in the decision making process.

7.3 If, on a balance of probabilities, the Campus Director or designate determines there has been a breach of this Policy and that the complaint (in whole or in part) is upheld, the Campus Director will make recommendations to the appropriate College officials on whether sanctions or other action is appropriate to reasonably address the complaint.

8.0 Action or Sanction

8.1 Sanctions will consider the nature of the harm, the interests of the College community, and whether there has been acceptance of responsibility. Sanctions may include one or more of:

1. Disciplinary Warning or Written Reprimand – This includes notice that the student violated this Policy. A warning or reprimand may be for a designated or indefinite period of time.
2. Restriction or Denial of College Services or Privileges – Removal of, prohibition of, or limitations on specific access to or use of College services and premises.
3. Behavioural Contract – A set of specific behavioural expectations, terms and conditions that is developed with and signed by the staff or student in question. The contract will clearly outline expectations being placed on the individual(s) and that any breach of the contract may result in more serious sanctions including suspension, expulsion or dismissal from the College.
4. Educational programs or assignments, written or oral apologies, restorative justice, peer conduct advising, facilitated discussion, community service, individual assessment, counseling, substance abuse education, intervention, or treatment, or other related educational sanctions may be offered or required.

8.2 Prior to deciding on an action or sanction, the complainant(s) will have an opportunity to submit written comments addressing the impact of the harm and any requested actions that consider the complainant’s needs.

8.3 The College’s decision, including reasons, along with recommended sanctions and the individual(s) involved in facilitating the implementation of the sanctions will be set out in writing and provided to the respondent(s). As an official decision of the College, a copy of the decision will be retained in the Campus Director’s office in accordance with College retention practices. Copies of the decision shall be provided to the College offices and employees as required to administer the decision.

8.4 The complainant(s) shall receive the College’s written decision, including any sanctions.

8.5 Failure to complete or abide by a required sanction may result in further disciplinary action.

8.6 If an action includes suspension or voluntary withdrawal from the College, the College may impose conditions upon return prior to permitting the student(s) to return in order to ensure a safe and reasonable return to campus. This information will allow the College to determine whether the College can provide and maintain a safe learning environment and uphold conditions from criminal or civil proceedings.

9.0 Appeals

9.1 Either party in a complaint process may appeal the College’s decision and/or sanctions only if one of the following applies:

1. There was a serious procedural error in the handling of the complaint which was prejudicial, or might have substantially affected the final decision;
2. The decision and/or sanction(s) are unreasonable, fail to address the severity of the conduct, or are unsupportable on the evidence. 

9.2 All requests for an appeal must be provided to the College within fifteen (15) business days of the decision and should follow the appeal process set out in Appendix C Appeals. 

9.3 Participation in the appeal process is voluntary; however, the choice not to participate may impact the process and outcome of the appeal.

9.4 Appeals of College decisions or process followed in making the decision shall be made to the President of the College, who will convene a panel to judge whether the appeal meets the conditions for appeal set out above and if so, to hear the appeal. Members of the Panel will be independent of all prior decisions or processes relating to the complaint and have no prior knowledge of the matters to be addressed in the appeal hearing.

9.5 The Appeal Panel shall have three members:

1. One (1) external representative who shall be a lawyer with experience in administrative law and adjudicative processes addressing sexual violence;
2. A member of the College executive team (President, CEO, etc).
3. A member of an external organization that is involved in promoting awareness about sexual violence.
4. The panel shall appoint a Chairperson from among the members of the committee.

9.6 The student(s) appealing the College’s decision is the Appellant in the Appeal and the College is responding to the Appeal. Appeal hearings are conducted as a new hearing and will be conducted in accordance with procedural fairness.

9.7 Appeals will generally be conducted in writing and an oral hearing will proceed only in exceptional circumstances at the determination of the Appeal Panel having regard to the circumstances in the appeal and following a preliminary assessment of the written materials, including the request for appeal. The appeal will be conducted in a trauma-informed and impartial way and is intended to ensure fairness for all parties involved. For oral hearings, both the Appellant and the College shall have the right to appear, call evidence, make oral representations to the panel, and comment and ask questions with respect to the evidence in accordance with this policy, subject to panel-determined procedures.

9.8 In all hearings, whether oral or written, the panel will consider all information, documents and submissions provided in the decision-making process and all new evidence provided in the hearing. The panel may ask questions of the participants and may invite witnesses to provide evidence, as it deems necessary. 

9.10 Due to the confidential nature of the issues and impact on participants, appeal hearings shall be closed and not open to the public.

9.11 The panel will act expeditiously in making its decision and will consider all relevant documents and evidence, and the reasonableness of the decision and recommended sanctions.

9.12 All interim measures and/or conditions implemented by the College shall remain in place pending the Appeal.

9.13 The panel’s decision shall be final and shall include a written decision along with reasons. A copy of the decision shall be provided to the parties in the appeal, along with the complainant and respondent in the complaint (as required). A copy of the decision shall also be provided to the Office of the Campus Director and such other college representatives involved in the complaint as may be required. Recipients of the panel’s decision shall keep confidential the personal information of those involved and may not engage in acts of reprisal.

APPENDIX A: LIMITS TO CONFIDENTIALITY

Confidentiality is an essential consideration whenever an individual has made a disclosure or filed a complaint about an incident of sexual violence.

The College will respect a survivor’s privacy and honour requests for confidentiality to the greatest extent possible; however, there may limits to confidentiality, including when:

1. There is reasonable basis to believe someone is at imminent risk, risk of self-harm, or risk of harming another; members of the College or broader community may be at risk of harm as determined by the College (e.g., when there is an established pattern of behaviour, or the alleged perpetrator is in a position of authority);
2. Reporting is legally required as per the Child and Family Services Act because an incident involves a child 16 or under;

iii. College officials require information for the purposes of implementing this policy (including providing accommodation and interim measures and investigative and decision-making processes);

1. A complaint process has been initiated and the respondent must be informed of the details of the complaint;
2. A College employee is legally obligated to hand over case notes or other documentation in relation to a criminal or civil proceeding; 

These are some of the more common examples of limits to confidentiality, but this list is not exhaustive. Survivors should be aware that there are other instances where information may be shared among staff at the College in order to facilitate requests for accommodations, support, and/or complaints. In cases where information has been shared among staff at the College, survivors will be kept informed about College offices notified and the information provided.

APPENDIX B: EDUCATION AND AWARENESS

Trade Smart College recognizes the importance of education and awareness for members of the college community to help them address the prevalence of sexual violence and appropriately respond to disclosures. The College is committed to working with its community and external partners in the development and delivery of excellent and timely education programs.

Education & Awareness at Trade Smart College will:

1. Empower the College Community to be proactive bystanders.
2. Be rooted in the knowledge that sexual violence impacts everyone but does not impact everyone equally. Women, in particular Aboriginal and racialized women and women with disabilities, children, and members of the LGBTQ+ community experience sexual violence more frequently.
3. Address prevalent myths about sexual violence that function to blame and stigmatize survivors, and perpetuate a culture in which this violence is normalized.
4. Encourage compassionate responses guided by trauma-informed principles that prioritize safety, trust, choice, collaboration and empowerment.

APPENDIX C: APPEALS

(see Procedure section 9)

No one shall serve on a panel for an Appeal that has any direct interest or prior involvement in the complaint, decision or issues under consideration. Panel members are expected to identify any actual or perceived conflicts of interest as soon as possible and in advance of the start of the Appeal hearing. An individual appealing the Decision (the “Appellant”) who believes that a panel member has a conflict of interest is required to identify the conflict as soon as possible and in advance of the start of the Appeal hearing. 

Parties to the Appeal

The complainant or respondent submitting the appeal is the Appellant. Appeals are to the College, which is the Respondent to the Appeal.

Notice and Scheduling

Upon receipt of an appeal, the President will constitute an Appeal Panel. The Appellant will be notified of the membership of the panel and provided with reasonable written notice of deadlines and details relating to the Appeal.

Appeals will be arranged as expeditiously as possible but depending on the academic calendar, may need to be extended to address availability of witnesses and parties and to provide both the Appellant(s) and College an opportunity to review documents and prepare for full and fair presentation of their case.

All reasonable efforts will be made to schedule an Appeal hearing (if required) at a time and place convenient for all parties. However, if a party, who has been notified of the date, time and location for the Appeal hearing does not attend the hearing, the Appeal Panel may proceed in the party’s absence and the party will not be entitled to any further notice of the proceeding.

Notice of an Appeal hearing will be provided, in writing, to the Appellant, College, complainant(s) (where the respondent is the Appellant), or the respondent(s) (where the Complainant(s) is the Appellant). 

Documents

All relevant documents relating to the complaint and decision will be provided to the Appellant and Respondent.

This will include (as may be applicable):

• The complaint and any submissions provided by the complainant;
• The Response and any submissions provided by the respondent;
• The investigation report and investigation file;
• File notes and records held by the Office of the Campus Director (unless confidential as noted in the Policy and Procedures);

Representation

The parties to the Appeal have the right to have an advisor or retain and be represented by counsel for the Appeal, at their own expense. The Appeal Panel reserves the right to retain counsel. The Appeal Panel has no authority to make any order for the payment of costs.

Notice of the name of any advisor or legal counsel retained by a party shall be provided to the panel and to the other party(ies) as soon as possible and at least three working days prior to the start of an Appeal hearing.

Appeal Committee hearings will not be unreasonably postponed or rescheduled due to the unavailability of the advisor or counsel.

Procedures

Subject to the requirements set out in this Policy and Procedures, the Panel shall determine its own procedures and practices in any Appeal and the Chair may make such rules and orders as they deem necessary and proper to ensure a fair and expeditious proceeding. In determining its own hearing procedures, the panel shall take into account the need for participants to be safe and have access to supports. The panel is bound by neither strict legal procedures nor strict rules of evidence. It shall proceed fairly in its disposition of the appeal, ensuring that all parties are aware of the evidence to be considered, provided copies of all relevant documents to be considered by the panel, and are given an opportunity to be heard during the process. In the event that the Appeal proceeds by oral hearing (see Procedure section 9.7), the panel shall consider alternative methods of hearing testimony and asking questions whenever possible where potential traumatization of a participant is a consideration.

Summary Dismissal

The panel may summarily dismiss an Appeal if the Appeal, in the judgment of the panel, does not raise a valid ground for an appeal.

Decision

At the conclusion of the Appeal Hearing, the panel shall render a decision, in writing, including written reasons setting out the basis for its decision. The decision and reasons shall be provided to the Appellant, College and the respondent and complainant in the complaint.

The panel decision shall consider all of the relevant evidence in making its determination. The standard to apply is a balance of probabilities. For appeals of a finding of breach of this Policy and Procedures and/or the sanctions imposed, the panel’s decision will include a determination on whether sanctions or other action is appropriate to reasonably address the complaint.

The panel has no authority to order general, aggravated or special damages or costs.

The panel’s decision is final.