Sexual Harassment Policy
Sexual Harassment Policy
- Introduction
Ferro Technics Institute of Technology is committed to providing an environment where all staff and students are treated with respect and dignity. Harassment of any kind, sexual, verbal or physical, will not be tolerated by any person within the institution.
Harassment can be defined as an engagement in the course of vexatious comment or conduct against another in an institution that is known to be reasonably unwelcome or as sexual harassment.
Sexual Harassment means:
a) Involving in the course of vexatious comment or conduct against another in an institution due to gender identification or sexual predilection, where the intent and conduct of comment are reasonably inappropriate. b) Making a sexual invocation being in a position to confer, grant or reject to the student and a person knows that invocation or advance is unwelcome. Reasonable action taken by the instructor or other staff member relating to the direction of students is not harassment. Should harassment occur, students are encouraged to report the incident to the appropriate person. Management is responsible for handling and investigating all the complaints and incidents of harassment in a justified way. All complaints and harassment incidents should stay confidential with the management for the student's protection, investigate the complaint or incident, and take corrective action required by the law. Instructors and staff are expected to adhere to this policy and will be held responsible by the director for not following it. Students are not to be penalized or disciplined for reporting an incident or for participating in an investigation involving harassment of any kind. - Definitions
Complainant
Individual who files a complaint alleging a violation of the Sexual Violence Policy.
Respondent
Individuals(s) against whom a complaint is being made.
Sexual Assault
Sexual assault is a criminal offence under the Criminal Code of Canada.
It refers to any form of unwanted sexual contact that violates a person's sexual integrity. This can range from unwanted touching to forced sexual penetration.
Sexual assault involves a wide spectrum of behaviours where force, threats, coercion, or manipulation are used. It includes any situation where the individual did not, could not, or was not able to freely give consent.Sexual Harassment
Sexual harassment involves conduct of a sexual or gender-related nature that is known, or should reasonably be known, to be unwanted, offensive, intimidating, or inappropriate. Examples include, but are not limited to: Derogatory jokes, gestures, or comments; sexual or gender-based slurs and taunting; unwanted physical contact or leering; inappropriate remarks about someone’s appearance or clothing; invasive questions about someone's private life, sexual orientation, or relationships; displaying sexually explicit or offensive materials; soliciting sexual favours in exchange for rewards or benefits; threats or acts of retaliation for refusing sexual advances; any form of sexual assault.
Sexual Violence
Sexual violence includes any sexual act, or act targeting a person's sexuality, gender identity, or gender expression, that is committed, threatened, or attempted without the person’s consent. This can be physical or psychological and includes, but is not limited to:
Sexual assault; sexual harassment; stalking; indecent exposure; voyeurism; sexual exploitation.Support person
A support person can be a trusted friend, family member, Elder, spiritual adviser, union representative, counsellor, legal representative.
Stalking
A form of criminal harassment prohibited under the Criminal Code of Canada, involving repeated and unwanted behavior including but not limited to; persistent communication, following, surveillance, or threats that cause fear, distress, or concern for a person’s safety or mental well-being.
- Training, Reporting and Responding to Sexual Violence
• Ferro Technics Institute of Technology will include a copy of the Sexual Violence Policy in every contract made between it and its students, and provide a copy of the Sexual Violence Policy to career college management (corporate directors, controlling shareholders, owners, partners, other persons who manage or direct the career college’s affairs, and their agents), instructors, staff, other employees and contractors and train them about the policy and its processes of reporting, investigating and responding to complaints of sexual violence involving its students. *Any company participating in offering student internships on their premises must provide an undertaking in writing that it is in compliance with all applicable legislation, including the Ontario Human Rights Code and the Occupational Health and Safety Act and will provide students access to those policies should they encounter issues relating to sexual violence in the workplace.
• The Sexual Violence Policy shall be published on its website (or where the Career College does not have a website in a conspicuous location in each of its campuses). Career college management, instructors, staff, other employees and contractors of Ferro Technics Institute of Technology will report incidents of or complaints of sexual violence to Ferozuddin Hyder at Ferro Technics Institute of Technology (416-297-0008) upon becoming aware of them.
• Students who have been affected by sexual violence or who need information about support services should contact Ferozuddin Hyder at Ferro Technics Institute of Technology (416-297-0008)
• Subject to Section 4 below, to the extent it is possible, Ferro Technics Institute of Technology will attempt to keep all personal information of persons involved in the investigation confidential except in those circumstances where 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 its campus or the broader community are at risk. This will be done by:
- ensuring that all complaints/reports and information gathered as a result of the complaint/reports will be only available to those who need to know for purposes of investigation, implementing safety measures and other circumstances that arise from any given case; and
- ensuring that the documentation is kept in a separate file from that of the Complainant/Student or the Respondent.
• Ferro Technics Institute of Technology recognizes the right of the Complainant not to report an incident of or make a complaint about sexual violence or not request an investigation and not to participate in any investigation that may occur.
• Notwithstanding (e) above, in certain circumstances, Ferro Technics Institute of Technology 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.
• In all cases, including (e & f) above and (h) below, Ferro Technics Institute of Technology will appropriately accommodate the needs of its students who are affected by sexual violence. Students seeking accommodation should contact Ferozuddin Hyder at 416-297-0008. Students are not required to report incidences in order to request accommodation or access to support services
• In this regard, Ferro Technics Institute of Technology will assist students who have experienced sexual violence in obtaining counselling and medical care, and provide them with information about sexual violence supports and services available in the community as set out in Appendix 1 attached hereto. Students are not required to file a formal complaint in order to access supports and services.
• 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.
• 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.
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Reporting Harassment or Violence
- How to Report Harassment or Violence
Harassment incidents and complaints can be reported verbally or in writing form. To use the writing method, a student should use the harassment complaint form. When reported verbally, the reporting contact and the student complaining of harassment will fill the complaint form.
The report of the incident should include the following information:
- Name of the student who has allegedly experienced the harassment and their contact information
- Name of the alleged harasser, position and contact information
- Names of the witness (if any) or other persons with relevant information to provide about the incident and contact information (if known)
- Details of what happened including date(s), frequency and location(s) of the alleged incidents(s)
- Any supporting documents the student who complains of harassment may have in his/her possession that are relevant to the complaint.
- List all the documents a witness, another person or the alleged harasser may have in their possession that are relevant to the complaint.
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Who to Report Harassment
An incident or a compliant of workplace harassment should be reported immediately after experiencing or witnessing an incident. This allows the incident to be investigated in a timely manner.
Report a student harassment incident or complaint to: Student’s instructor.a
If the student’s instructor or another staff member is the person engaging in the harassment, contact:
Administration shall be notified of the harassment incident or complaint so that they can ensure an investigation is conducted that is appropriate under the circumstances. If the incident or complaint involves the director, the instructor or a staff member, the investigation will be conducted by an external person who is qualified to conduct a workplace harassment investigation and is familiar with the applicable workplace harassment laws. - Investigation
- Commitment to Investigate
EHCO Institute of Business Development will ensure than an investigation appropriate in the circumstances is conducted when the director, human resources, an instructor or staff member becomes aware of an incident of harassment. If the allegations of harassment involve the director, instructor or other staff members, The investigation will be referred to an external investigator who will conduct an impartial investigation.
- Who Will Investigate?
Administration will determine who will conduct the investigation into the incident or complaint of harassment. If the allegations of harassment involve the director, instructor or other staff member, the investigation will be referred to an external investigator who will conduct an impartial investigation.
- Timing of Investigation
The investigation should be completed under a defined timeline and usually within 60 days.
- Investigation Procedure
The person conducting the investigation whether internal or external to the workplace should fulfil the following requirements:
- Investigators must keep the investigation confidential and ensure that no identification information is disclosed except as necessary to conduct the investigation. The investigator should remind the parties of the confidentiality obligation at the beginning of the investigation.
- The investigator must thoroughly interview the student who allegedly experienced the harassment and the alleged harasser(s), if the alleged harasser is a fellow student. If the alleged harasser is not a student, the investigator should make reasonable efforts to interview the alleged harasser.
- The alleged harasser(s) must be given the opportunity to respond to the specific allegations raised by the student. In some circumstances, the student who allegedly experienced the harassment should be given a reasonable opportunity to reply.
- Each party may be accompanied by a support person of their choosing at every stage of the process, including interviews and meetings, provided the support person does not disrupt the proceedings. A support person cannot be an individual involved in, or with direct knowledge on the incident of sexual violence that is the subject of a complaint. A support person does not act as an advocate or speak on behalf of a complainant, respondent or witness.
- The investigator must interview any relevant witnesses who attend the institute or who may be identified by either the student who allegedly experienced the harassment, the alleged harasser(s) or as necessary to conduct a thorough investigation. If any relevant witnesses who are not employed by the employer have been identified, the investigator must make reasonable efforts to interview them.
- The investigator must collect and review any relevant documents.
- The investigator must take appropriate notes and statements during the interview with the student who allegedly experienced harassment, the alleged harasser and any witnesses.
- Investigators have written a written report summarizing the actions taken during the investigation, complaints, alleged sexual abuse allegations, sexual abuse response, witness evidence, and collected evidence. Must be created. The report must present a finding of facts and conclude whether harassment has been identified.
- Commitment to Investigate
- Interim Safety Measures
Ferro Technics Institute of Technology may impose interim measures immediately after being aware of a sexual violence instance. While the investigation is ongoing, the student who has allegedly experienced harassment and the alleged harasser(s) will maintain distance from one another as best as possible. They shall not engage in any way, verbally or written, on social media or online. If either party engages in appropriate behavior as is set in the terms herein, they may be subject to disciplinary action, fines or expulsion.
Ferro Technics Institute Technology may place temporary restrictions on a respondent’s rights or privileges before reaching a final decision regarding the reported misconduct.
In the case of a student respondent, the student may be restricted from entering parts of campus, including classes, and/or removed from the complaint’s on-campus residence.
In the case of an employee respondent, the employee may be removed from the workspace.
Interim measures do not serve as punishment and do not prove a finding of misconduct. Such interim measures will be imposed only as necessary to provide a safe environment for individuals who report incidents of sexual violence.
These measures will be taken only when necessary to protect the safety and well-being of those involved, while aiming to minimize the impact on the respondent. - Results of the Investigation
Within ten days of the investigation being completed, the student who allegedly experienced the harassment and the alleged harasser, if the institute employs them, will be informed in writing of the results of the investigation and any corrective action taken or that will be taken by the employer to address workplace harassment.
- Confidentiality
Information about complaints and incidents will be confidential to the greatest extent possible. Information obtained about a harassment incident or complaint, including identifying information about any individuals involved, will not be disclosed unless disclosure is required to protect students, investigate the complaint or incident, take corrective action, or otherwise as required by law.
While the investigation is in progress, allegedly molested students, suspicious molesters and witnesses are other students or witnesses regarding the case, complaint, or investigation unless they need to seek advice from other students or witnesses. It should not be discussed. Right. Investigators may discuss the investigation and disclose information related to the incident or complaint only when necessary to carry out the investigation.
All records of the investigation will be kept confidential. - Decision Making
- A Decision maker will determine, based on the findings of an investigation, whether a complaint is valid and whether the matter constitutes an act or acts of sexual violence.
- A Decision maker may also find that the matter did not meet the threshold of being defined as sexual violence but was another type of misconduct.
- Students may face sanctions up to and including suspension or expulsion.
- Employees may face disciplinary action up to and including termination of employment.
- Contractors, placement hosts, or third parties may face penalties, cancellation of agreements, or denial of future access to the campus.
- The institution may also impose non-disciplinary measures such as no-contact directives, academic accommodations, or changes to scheduling to support the safety and well-being of those affected.
- The outcome of the investigation and any measures imposed will be communicated in writing to both the complainant and the respondent in accordance with applicable privacy laws.
Suppose it is found the alleged harasser did engage in activities contrary to our Harassment Policy.
- How to Report Harassment or Violence
- Appeal
Should the Complainant or the Respondent not agree with the decision resulting from the investigation, he or she may appeal the decision to Kiara Bici, Director of Appeals within 10 days by submitting a letter addressed to Kiara Bici at Ferro Technics Institute of Technology, 1580 Brimley Road, Scarborough, ON, M1P 3G9 advising of the person’s intent to appeal the decision.
- Making False Statements
• It is a violation of this Sexual Violence Policy for anyone to knowingly make a false complaint of sexual violence or to provide false information about a complaint.
• Individuals who violate this Sexual Violence 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.
- Reprisal
- It is a violation of this Sexual Violence 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.
- Individuals who violate the Sexual Violence 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.
- Record Keeping
Administration will keep records of the investigation including:
- A copy of the complaint or details about the incident;
- A record of the investigation including notes;
- A copy of the investigation report (if any);
- A summary of the results of the investigation that was provided to the student who allegedly experienced the harassment and the alleged harasser, if a student of the institution;
- A copy of any corrective action taken to address the complaint or incident of harassment.
All records of the investigation will be kept confidential. The investigation documents, including this report should not be disclosed unless necessary to investigate an incident or complaint of workplace harassment, take corrective action or otherwise as required by law.
Records will be kept for at least two years.
If the Sexual Violence and Harassment Policy conflicts with the Expulsion Policy, the Sexual Violence and Harassment Policy prevails.
The policy shall undergo review on a yearly basis to ensure its continued relevance and effectiveness.
Canadian Association of Sexual Assault Centers, Ontario Provincial
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
Alliston, Barrie, Collingwood, Midland and Orillia
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.
www.satcontario.com
Belleville
Sexual Assault Centre for Quinte and District Toll-Free: 1-877-544-6424
Office: 613-967-6300
www.sacqd.com
Bracebridge
Muskoka/Parry Sound Sexual Assault Services
Parry Sound District Office:
Office: (705) 774-9083 or 1-877-851-6662
Muskoka District Office:
Office: (705) 646-2122 or 1-877-406-1268
www.satcontario.com
Brantford
Sexual Assault Centre of Brantford Crisis: 519-751-3471
Office: 519-751-1164
https://sacbrant.ca/
Brockville
Assault Response & Care Centre
Office: (613) 345-3881 or 1-800-567-7415
www.arc-c.ca
Chatham
Chatham-Kent Sexual Assault Crisis Centre 24-Hour Crisis
Line: 519-354-8688 Office/TTY: 519-354-8908
https://cksacc.org/
Cornwall
Sexual Assault Support Services for Women
Office: 613-932-1755
https://sassforwomen.ca/
Durham Region
Durham Rape Crisis Centre Crisis: 905-668-9200
Office: 905-444.9672
Email: info@drcc.ca
www.drcc.ca
Eganville
Women’s Sexual Assault Centre of Renfrew County 24-Hour Crisis: 1-800-663-3060
Office: 613-735-5551
www.wsac.ca
Guelph
Guelph-Wellington Women in Crisis Crisis: 519-836-5710
Office: 519-823-5806
www.gwwomenincrisis.org
Hamilton
Sexual Assault Centre (Hamilton and Area) Crisis: (905) 525-4162
Office (905) 525-4573
TTY: 905-525-4592
www.sacha.ca
Kingston
Sexual Assault Centre Kingston
Crisis: 613-544-6424 or 1-877-544-6424
Office: 613-545-0762
Email: sack@sackingston.com
www.sackingston.com
London
Sexual Assault Centre London Crisis: 519-438-2272
Office 519-439-0844
TTY: 519-439-0690
Email: sacl@sacl.ca
www.sacl.ca
London Abused Women’s Centre Office: 519-432-2204
E-Mail: info@lawc.on.ca
https://lawc.on.ca/
Ottawa
Sexual Assault Support Centre Crisis: 613-234-2266
Phone: 613-725-2160
TTY: 613-725-1657
Email: info@sascottawa.com
https://sascottawa.com
Ottawa Rape Crisis Centre Crisis: 613-562-2333
Office: 613-562-2334
https://orcc.net/
Toronto
Oasis Centre des Femmes Téléphone: 416-591-6565
Email: services@oasisfemmes.org
https://oasisfemmes.org/
Toronto Rape Crisis Centre: Multicultural Women Against Rape
Crisis: 416-597-8808
Office: 416-597-1171
www.trccmwar.ca
End of Sexual Harassment Policy