Student Violence, Harassment, and Sexual Violence and Harassment Policy 2.14

Policy Statement

The Learning Enrichment Foundation (LEF) is committed to providing high quality programs in a positive environment in which all students are treated with respect and dignity, within a professional atmosphere, and is committed to building and preserving a safe, productive, and healthy environment for students, free from violence and harassment. The Learning Enrichment Foundation is committed to offer students with a time in which they can growth and reach personal fulfillment and opportunities in their careers and their future.

The Learning Enrichment Foundation assures its students that any concerns they may have will be dealt with in a supportive, responsive and timely fashion. Acts of violence, harassment or sexual violence or harassment against or by any student will not be condoned or tolerated.

Definitions

Guidelines

This policy has been developed in consultation with students, instructors, and LEF’s representatives.

The Learning Enrichment Foundation will provide managers, instructors, staff, and students, with appropriate training and information regarding LEF’s Student Violence, Harassment, and Sexual Violence and Harassment prevention practices and procedures.

Students are responsible for adhering to this policy, and should report every incident of violence, harassment or sexual harassment immediately to their instructor or LEF’s representatives. This includes any incidents that have been witnessed, experienced by, or reported to a student.

For the purposes of this policy, harassment, sexual harassment, or violence can occur:

• At the Private Career College location;
• At student-related social functions;
• In the course of student assignments outside the workplace;
• During student-related travel;
• Over the telephone, if the conversation is work-related; or
• Elsewhere, if the person is there as a result of work-related responsibilities or a work-related relationship.

Reasonable day-to-day actions by an instructor that teaches, guide, or direct students or the location of studies and appropriate students performance reviews, counselling, or discipline by an instructor do not constitute harassment.

Violence Risk Assessment

The Learning Enrichment Foundation will conduct a risk assessment of the students’ environment to identify potential risks that could affect the health and safety of students and will institute measures to eliminate or control any identified risks to students’ safety.

The following factors will be considered during the assessment:

• Past incidents of violence;
• Violence that is known to occur in similar locations;
• The circumstances in which learning takes place;
• The interactions that occur in the course of performing studies; and
• The physical location and layout of the location of studies.

The risk assessment may include reviews of records, security reports, student incident reports, student surveys, health and safety inspection reports, first aid records, or other related records. Areas that will be considered and may contribute to risk of violence include but are not limited to contact with other students and instructors and studying alone or in groups.

The company will provide students with a written copy of the assessment and advice of the results.

LEF will disclose information to students who are likely to encounter a known person with a history of violence in the performance of their studies, or if there is a potential risk of violence as a result of interactions with the person with a history of violence. However, LEF will only disclose personal information that is deemed reasonably necessary to protect the student from physical harm.

Violence, Harassment and Sexual Harassment Program

Control Measures and Procedures

The following measures have been implemented to eliminate or reduce the identified risks of violence and harassment:

• Notifications of individuals who have been restricted from LEF property are kept in the alert binder at reception.
• Reception and other relevant staff will be informed of new alerts as they occur.

Reporting Incidents of Violence, Harassment and Sexual Harassment

A student who believes they have been subject to violence, harassment, and sexual harassment should submit a complaint form 2.09-1 to the Director of Client Engagement or her/his designate. The complaint should be made as soon as possible following the incident and must include the following information:

• The date and time of the incident;
• The name of any persons involved in the incident;
• The name of any persons who witnessed the incident; and
• A thorough description of what occurred.

A student who is reporting incidents of violence, harassment and sexual harassment has the right to have a person present with them at every stage of the process.

A student who believes they have been subject to harassment may also choose to confront the harasser without filing a formal complaint. They can address the harasser directly or through writing, detailing the unwelcome behaviour and requesting it to stop.

If the alleged harasser is the student’s instructor, or in a position of power, the complainant is welcome to file a complaint with the Director of Client Engagement or her/his designate.

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 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 LEF’s Private Career College staff or investigators, including irrelevant questions relating to the student’s sexual expression or past sexual history.

Immediate Assistance Procedures

The following measures and procedures should be followed when an incident of violence has occurred or is likely to occur and immediate assistance is required:

• Place an immediate call to emergency services by dialing 911.
• Notify the instructor immediately.

Investigation Procedures

Once a complaint has been received, The Learning Enrichment Foundation will complete a thorough investigation. The organization will ensure that, where practicable, the investigation is completed within 90 days of the complaint being filed or less unless there are extenuating circumstances (i.e. illness, complex investigation) warranting a longer investigation.

The investigation will include:

• Informing the respondent of the complaint;
• Interviewing the complainant and any persons involved in the incident;
• Identifying and interviewing any witnesses; and
• Obtaining statements from all parties involved.

All of the above information will be documented and used to determine whether an incident of violence, harassment, or sexual harassment occurred. If necessary, The Learning Enrichment Foundation may employ outside assistance or request the use of legal counsel.

A copy of the complaint detailing the complainant’s allegations will be provided to the respondent, who will be invited to reply in writing to the complainant’s allegations. The reply will be made known to the complainant before the case proceeds.

LEF will take all measures to keep confidential and to prevent any disclosure of the incident and the identities of the parties involved, unless the disclosure is necessary for the investigation, for taking corrective action or required by law.

LEF’s Obligation When a Complaint Requests No Investigation or Chooses Not To Participate

The Complainant can choose not to request an investigation by The Learning Enrichment Foundation and has the right not to participate in any investigation that may occur.

If a Complainant requests that The Learning Enrichment Foundation not investigate or act on their Disclosure or Report of an Incident of Sexual Violence, LEF will consider the Complainant’s request but may decide to proceed, having regard for the health and safety of the instructors, and its obligations and responsibilities. In such cases, the Complainant has a right to choose not to participate but is entitled to receive supports outlined in this Policy. The Complainant will also still be entitled to be made aware of the outcome of an investigation, and subject to any applicable legal obligations and access to information and privacy legislation, may be made aware what corrective actions have been taken (if any).

LEF’S Obligation When Someone Other Than the Complaint Makes a Report or Report Anonymously

An allegation of Sexual Violence made by someone other than the Complainant can also be the subject of a Report to LEF. However, LEF’s ability to address the allegation will depend on a number of factors regarding the information available and the Complainant’s decision respecting whether or not to participate in the process.

It may transpire that an allegation of Sexual Violence is the subject of a Report made to The Learning Enrichment Foundation anonymously. LEF’s ability to address the allegation will be dependent on a number of factors, including the information available to substantiate the allegation and to permit a fair process.

In such circumstances, LEF will make a determination under the section of this Policy.

Results of Investigation

Upon completion of an investigation, The Learning Enrichment Foundation will provide both the complainant and respondent a written summary of the findings of the investigation and any corrective action that has been or will be taken as a result of the investigation. This written notification will be provided within 15 days of the investigation being completed, and will not include the investigation report unless required by law.

Appeal

Should the Complainant or the Respondent not agree with the decision resulting from the investigation, he or she may appeal the decision to the Executive Director within 10 days by submitting a letter addressed to the Executive Director advising of the person’s intent to appeal the decision.

Control Measures

Where The Learning Enrichment Foundation determines that violence or harassment has occurred, control measures will be implemented to eliminate or control the risk of violence or harassment to a student that results from the investigation. These control measures will be determined on a case-by-case basis, depending on the situation investigated. Any control measure enacted will be communicated to the complainant and respondent, as well as any other student the measure effects.

Disciplinary Measures

Any disciplinary action will be determined by the Director of Client Engagement or her/his designate and will be proportional to the seriousness of the behaviour or action involved in the incident.

If it is determined that a student has been involved in an incident of violence or harassment towards another student, immediate disciplinary action will be taken, up to and including immediate dismissal.

Domestic Violence

If The Learning Enrichment Foundation becomes aware that domestic violence is likely to expose a student to physical injury in any of its locations, LEF will take every precaution reasonable in the circumstances for the protection of the student.

Recommendations to Victims

The Learning Enrichment Foundation will provide appropriate assistance to any student who is a victim of violence or harassment. The Learning Enrichment Foundation recommends that a student who has been harmed as a result of an incident of violence at any of its locations consult their health care provider for treatment or referral for post-incident counselling, if appropriate.

Support and accommodation

The Learning Enrichment Foundation will work with students affected by sexual violence to appropriately accommodate their needs.

Students are not required to make a formal report of an incident of sexual violence to access supports, services, or accommodations.

Support in the community for survivors of sexual assault:

• Assaulted Women’s Helpline - 1-800-863-0511
• Canada Suicide Prevention Service - 1-833-456-4566 (or text: 45645)
• Fem’aide (French) - 1-866-860-7082
• First Nations, Inuit and Metis Hope and Wellness Line - 1-855-242-3310
• Gerstein Crisis Centre - 416-929-5200
• Good2Talk - Helpline for Post-secondary Students - 1-866-925-5454
• Trans Lifeline - 1-877-330-6366
• LGBT Youthline - text support - 647-694-4275 & online chat options via www.youthline.ca
• Info & Referral Services for Male Survivors of Sexual Violence - 1-866-887-0015
• Talk4Healing (For Indigenous Women) - 1-855-554-4325
• Toronto Rape Crisis Centre - 416-597-8808

Fraudulent or Malicious Complaints

It is a violation of this policy for anyone to knowingly make a false complaint, or to provide false information about a complaint. Unfounded or frivolous allegations may cause both the respondent and LEF significant damage. Any student who knowingly makes a false allegation related to violence or harassment will be subject to immediate disciplinary action, up to and including expulsion.

Recordkeeping

The Learning Enrichment Foundation will ensure that appropriate records of complaints and investigations relating to incidents of violence and harassment are kept, including:

• A copy of the complaint or details about the incident;
• Any records related to the investigation, including notes;
• A copy of the investigation report (if applicable);
• A summary of the investigation results, including the reports provided to the complainant and respondent; and
• A copy of any corrective action taken to address the complaint or incident.

Confidentiality

The Learning Enrichment Foundation will not disclose the name of a complainant or a respondent or the circumstances related to the complaint to any person except where disclosure is necessary to investigate the complaint or take corrective action with respect to the complaint, or required by law. LEF will only disclose the minimum amount of personal information or details necessary for these purposes.

All records of violence or harassment, and subsequent investigations, are considered confidential and will not be disclosed to anyone except to the extent required by law. LEF will do everything reasonably possible to protect the privacy of any individuals involved and to ensure that complainants and respondents are treated fairly and respectfully.

Policy Review

In accordance with the Private Career Colleges Act 2005 as amended by the Sexual Violence and Harassment Action Plan Act (Supporting Survivors and Challenging Sexual Violence and Harassment), 2016, this policy will be published on LEF’s website and reviewed at least every three years and to amend it as appropriate.