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

LEF 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.

This policy is applicable to students that are enrolled in programs that are registered under the Ontario Career Colleges Act, 2005. Students and clients who are receiving language, newcomer, employment and skills training services that do not require approval under the Ontario Career Colleges Act, 2005 must follow the process outlined in the Specific Policies Manual (Section 2), 5. Student/Client Violence, Harassment and Sexual Violence and Harassment Policy. Parents and primary contacts must follow the process outlined in the applicable manual: Child Care Manual (Section 7) or Care for Newcomer Children (Section 5).

Purpose

The purpose of this Policy is:

·       To address students’ protection from Violence,Harassment, and Sexual Violence and Harrassment

·       To set out the types of behaviour that may be considered unacceptable and prohibited by this Policy.

·       To identify how complaints may be made and resolved.

·       To set out how LEF deals with situations of Violence, Harrassment, and Sexual Violence and Harrassment.

Students are responsible for adhering to this Policy, and should report every incident of Violence, Harassment, Sexual Harassment or Sexual Violence immediately to their instructor or LEF representative. This includes any incidents that have been witnessed, experienced by, or reported to a student or client.

For the purposes of this Policy, Harassment, Sexual Harassment, Violence, Sexual Violence and Sexual Misconduct can occur:

• At a LEF location

• At student or client-related social functions

• In the course of student assignments outside the workplace

• During student-related travel

• Over the telephone, if the conversation is program-related

• 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, guides, or directs students or clients, the location of studies, and appropriate student or client performance reviews, counselling, or discipline by an instructor do not constitute Harassment.

Definitions

In this Policy, any time a word or term is capitalized, or an acronym is used, it indicates that for the purposes of the Policy, the capitalized word or term or acronym has a specific meaning as set out below or at the top of a particular full Manual’s definition section. Capitalized words and terms and acronyms must be read in accordance with these definitions.

Complainant: A person who has made a complaint about another individual who they believe committed an act of violence, harassment, or sexual violence or harassment against them.

Harassment: Engaging in a course of vexatious comment or conduct against a student or client in any LEF location that is known or ought reasonably to be known to be unwelcome. It includes Sexual Harassment.

Respondent: A person whom another individual has accused of committing an act of violence or harassment.

Sexual Harassment: Engaging in a course of vexatious comment or conduct against a student or client in any LEF location because of sex, sexual orientation, gender identity, or gender expression, where the course of comment or conduct is known or ought reasonably to be known to be unwelcome, or making a sexual solicitation or advance where the person making the solicitation or advance is in a position to confer, grant, or deny a benefit or advancement to the student or client and the person knows or ought reasonably to know that the solicitation or advance is unwelcome. Sexual Harassment is a specific form of Harassment.

Sexual Misconduct: In relation to a student enrolled in an Ontario Career College program at LEF, sexual misconduct means:

·       Physical sexual relations with the student, touching of a sexual nature of the student, behaviour or remarks of a sexual nature toward the student by an LEF employee of the institution where:

o   (i) the act constitutes an offence under the Criminal Code (Canada),

o   (ii) the act infringes the student’s rights under clause 7(3)(a) of the Ontario Human Rights Code,

o   (iii) the act contravenes this Policy or any other LEF policy regarding sexual relations between employees and students, or

·       any conduct that infringes the student’s rights under clause 7(3)(b) of the Human Rights Code to be free from reprisal or threat of reprisal for rejecting a sexual solicitation or advance.

Sexual Misconduct is an umbrella term encompassing all forms of sexually inappropriate behaviour and sexual violence, including sexual assault, threat of sexual assault, criminal harassment (including stalking and cyber harassment), relationship violence, and gender-based misconduct.

Sexual Violence: Any sexual act or act targeting a person’s sexuality, gender identity or gender expression, whether physical or psychological, committed, threatened or attempted against a person without their consent. Includes sexual assault, sexual harassment, stalking, indecent exposure, voyeurism, and sexual exploitation. Sexual Violence is a specific form of Violence.

Violence: The exercise of physical force by a person against a student or client in any LEF location that causes or could cause physical injury; an attempt to exercise such force; or a statement or behaviour that could reasonably be interpreted as a threat to do so. Violence includes Sexual Violence.

Reporting Incidents of Violence, Harassment and Sexual Misconduct

A student who believes they have been subject to Violence, Harassment, Sexual Harassment, Sexual Violence or Sexual Harassment should submit a written complaint in the Student/Client Reporting Form to the appropriate program director or their 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

• The name of any witnesses

• A thorough description of what occurred.

A student who is reporting incidents of Violence, Harassment or Sexual Harassment, Sexual Violence or Sexual Misconduct has the right to have a person present with them at each stage of the process.

Provided they feel safe doing so, a student who believes they have been subject to Harassment or Sexual 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 appropriate program director or their 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 client engagement staff or investigators, including irrelevant questions relating to the student's sexual expression or past sexual history.

Immediate Assistance Procedures in case of Violence

The following measures and procedures should be followed when an incident of Violence, including Sexual 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 or senior LEF staff immediately.

Investigation

Investigation Procedures

Once a complaint has been received, LEF 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

• Obtaining statements from all parties involved.

All of the above information will be documented and used to determine whether an incident of Violence, Harassment, Sexual Harassment or Violence, of Sexual Misconduct occurred. If necessary, LEF 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’s Obligation When a Complainant Requests No Investigation or Chooses Not To Participate

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

If a Complainant requests that LEF 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 the 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 Complainant 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 LEF 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 decide under this subsection of the Policy.

Results of Investigation

Upon completion of an investigation, LEF 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 full investigation file unless required by law.

Appeal

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

Control Measures

Where LEF determines that Violence, Harassment or Sexual Misconduct has occurred, control measures will be implemented to eliminate or control the risk of Violence, Harassment or Sexual Misconduct 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 or client affected by the measure.

Recordkeeping

LEF will ensure that appropriate records of complaints and investigations relating to incidents of Violence, Harassment or Sexual Misconduct 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.

• A copy of any corrective action taken to address the complaint or incident.

Confidentiality

LEF 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, Harassment or Sexual Violence and 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. In case of Sexual Misconduct, refer to the Human Resources Policy Manual (Section 3) for disciplinary measures for LEF employees.

Disciplinary Measures

Any disciplinary action will be determined by the appropriate program director or their 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.

In cases of Sexual Misconduct committed by an LEF employee as defined in this Policy, refer to the Human Resources Policy Manual (Section 3) for disciplinary measures.

Victim Assistance and Support

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

Assistance

LEF will provide appropriate assistance to any student who is a victim of Violence or Harassment.

LEF 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

LEF will work with students affected by Sexual Violence to appropriately accommodate their needs.

Here are some Community supports for survivors of Sexual Violence:

·       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 dismissal.

Confidentiality

LEF 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.

Training

LEF will provide Managers/Supervisor, instructors, staff, and students, with appropriate training and information regarding LEF’s Student/Client Violence, Harassment, Sexual Violence and Harassment and Sexual Misconduct prevention Policy, prevention practices and procedures.

Risk Management Program

Risk Assessment

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

The following factors will be considered during the assessment:

• Past incidents of Violence, Harassment and Sexual Misconduct.

• Violence, Harassment and Sexual Misconduct 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.

• 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, Harassment and Sexual Misconduct include, but are not limited to, contact with other students and instructors, and studying alone or in groups.

LEF will make available to students a written copy of the risk assessment and 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 training, or if there is a potential risk of Violence, including Sexual 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.

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.

Staff will also receive ongoing training on protecting students from Violence, Harassment and Sexual Misconduct.

Control measures may also be introduced after an investigation into a complaint, pursuant to Section 6.6.

Additional control measures are also identified and addressed through LEF’s Health and Safety Program. See the Health and Safety Manual (Section 6) for more information.

Domestic Violence

If LEF 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.

Policy Publication and Review

In accordance with the Ontario 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 has been created with in consultation with students and will be published on LEF’s website and reviewed at least every three years in consultation with students and amended as it appropriate.