Sexual Violence PolicyInvolving Students
Definition
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.
Sexual Assault means any form of sexual contact without mutual consent. It can include unwanted kissing, fondling, touching, oral or anal sex, vaginal intercourse or other forms of penetration, or any unwanted act of a sexual nature that is imposed by one person onto another without consent.
Sexual Harassment means a course of unwanted remarks, behaviours, or communications of a sexually oriented nature and/or a course of unwanted remarks, behaviours or communications based on gender – where the person responsible for the remarks, behaviours or communications knows or ought reasonably to know that these are unwanted. It includes, but is not limited to:
- Sexual solicitations, advances, remarks, suggestive comments and gestures (including songs and chants);
- The inappropriate display of sexually suggestive pictures, posters, objects or graffiti;
- Non-consensual posting of pictures, aggressive comments and slurs on any form of social media;
- Physical contact of a sexual nature (including Sexual Assault under the Criminal Code);
- Sexual conduct that interferes with an individual’s dignity or privacy such as voyeurism and exhibitionism.
Consent means an active, direct, voluntary, unimpaired and conscious choice and agreement between adults to engage in sexual activity.
Student means any person enrolled as a student in any program of Springfield College of Healthcare, Management & Technology.
Student Group means a group affiliated with the Springfield College of Healthcare, Management & Technology and constituted to promote such things as social, vocational, academic, cultural, and/or political interests of students within its membership.
Survivor means a person who reports having experienced sexual violence.
No-Contact Undertaking means an agreement, mutually undertaken by two or more parties, to refrain from contacting one another based on mutually specified conditions.
Notice of Prohibition means a notice to a particular individual that s/he has been prohibited from all or part of the Springfield College of Healthcare, Management & Technology campus.
SCHMT’s Community means students, faculty members and staff of Springfield College of Healthcare, Management & Technology.
Purpose/Reason for Policy:
- Coordinated and comprehensive awareness training and education programs;
- Coordinated and comprehensive support for those who have experienced sexual violence including counselling, medical care, academic accommodation and other support as required;
- Clear, appropriate and fair processes for handling reports and complaints of sexual violence covered by this and other SCHMT policies.
Scope of the Policy:
This Policy will apply to all Springfield College of Healthcare, Management & Technology’s students in all their interactions with other members of the SCHMT’s Community.
The Springfield College of Healthcare, Management & Technology has other policies in place that are relevant to issues of sexual violence and harassment such as the Student’s Code of Conduct, Student’s Rights and Responsibilities, the Anti-Harassments Policy and Program at Workplace, Workplace Violence Policy, Complaint Policy and Procedure. This policy is meant to complement those policies. In addition, this policy is not intended to supersede or interfere with the criminal justice system. All persons have the right to pursue legal avenues whether or not they choose to proceed under any SCHMT policy.
All persons also have the right to forego criminal and SCHMT reporting avenues, opting to choose confidential disclosure to a counsellor for ongoing support.
This policy aligns with changes to the Ministry of Advanced Education and Skills Development Act through the Sexual Violence and Harassment Action Plan Act, 2016, in respect of sexual violence.
When sexual violence is reported to the college in accordance with this policy, Springfield College of Healthcare, Management & Technology will respond promptly, with the aim of:
- Supporting any member of the SCHMT’s community who reports experiencing sexual violence;
- Assessing the safety of any person who reports experiencing sexual violence or who has reported sexual violence, as well as the safety of the entire campus community;
- Referring anyone who reports experiencing sexual violence to the formal and informal avenues for recourse;
- Engaging appropriate support and response mechanisms; and
- Ensuring that any member of the community against whom an allegation of sexual violence is made receives appropriate support and advice related to all college procedures.
Policy Statement:
Sexual violence is a serious problem in society and on college & university campuses. Through this policy, Springfield College of Healthcare, Management & Technology is committed to addressing sexual violence in our community through support, awareness education, training and prevention programs, and appropriate handling of incident reports and complaints.
Responsibilities:
SEXUAL VIOLENCE AWARENESS, EDUCATION & TRAINING
The SCHMT Campus Director will perform the duties as Sexual Violence Prevention and Response Coordinator along with other staff members, to develop and implement an annual education strategy to address issues of sexual violence, promote a culture of consent, and
encourage the accessing of support for survivors. Such ongoing education will include awareness campaigns and educational and training programs for the SCHMT’s community.
The Springfield College of Healthcare, Management & Technology will deliver appropriate information related to sexual violence to the SCHMT’s community, including students in all programs, with a focus on incoming students during orientation week. Campus Director and staff will collaborate to lead content and format design, in consultation with students, to ensure the information is tailored to the audience and context.
A particular focus will be on promoting a culture of consent, including the following principles:
- Consent is active and not passive or silent;
- It is the responsibility of the person who wants to engage in sexual activity to obtain clear consent from the other person;
- Consent is required at all stages of sexual engagement and that consent to one form of sexual activity does not imply consent to others;
- Consent can be withdrawn at any time;
- Consent is required regardless of the parties’ relationship status or sexual history together; and
- Consent cannot be given by someone who is incapacitated by alcohol or drugs, who is unconscious, or who otherwise lacks the capacity to consent.
Commitment to Those Who Have Experienced Sexual Violence
Sexual violence can have serious negative impacts on an individual’s physical, mental, emotional, and spiritual health and wellness. Springfield College of Healthcare, Management & Technology recognizes the possible traumatic effects of sexual violence and supports the efforts of individuals to seek support and recover.
All persons who report an experience of sexual violence can expect to be:
- treated with compassion, dignity, and respect;
- provided with timely safety planning assistance;
- informed about on- and off-campus support services and resources available to them;
- provided with non-judgmental and sympathetic support;
- provided with academic, recreational and housing accommodations as appropriate to prevent further unwanted contact with the alleged perpetrator if the alleged perpetrator is a member of the campus community;
- integral decision-makers in situations pertaining to themselves;
- allowed to determine whether and to whom they wish to disclose or report their experience, including:
- whether or not to pursue formal criminal and/or college avenues of redress;
- whether or not to disclose to a support person and seek out personal counselling
A. Support and Initial Assessment
Once the college has received a report of sexual violence, appropriate support and other resources will be offered to the person who has experienced sexual violence, as well as to any person or group against whom an allegation of sexual violence is made.
B. Interim Measures and Notices of Prohibition
The college may impose interim measures as may be appropriate for the individuals and student groups involved in any allegation of sexual violence. Interim measures may include, but are not limited to:
- Separation of the academic situations of any students involved in a report of sexual violence;
- Temporary administrative suspension of a student/staff alleged to have committed sexual violence;
- No-Contact Orders/Undertakings;
- Notice of Prohibition.
C. Academic Accommodations
Students requiring academic accommodations (e.g., extensions on assignments, deferrals of exams, dropping classes, continuing studies from home) will be supported by the Sexual Violence Prevention and Response Coordinator, in accordance with the college procedures for requesting and granting accommodations.
REPORTING SEXUAL VIOLENCE
Anyone who has witnessed or experienced sexual violence has options for filing a report or complaint in response to an incident of sexual violence and may choose to pursue formal or informal reporting options. The Sexual Violence Prevention and Response Coordinator is best suited as the first point of contact for all in the campus community seeking information about options for reporting sexual violence or seeking support. The Sexual Violence Prevention and Response Coordinator can provide the information needed to make decisions with respect to reporting options.
Anyone who experiences or witnesses sexual violence may pursue any of the following reporting options:
- Criminal Reporting Option: Individuals may report their allegations through the criminal justice system by contacting the Peel Police Service. If an individual chooses this route, Sexual Violence Prevention and Response Coordinator (Campus Director) can facilitate making a report to the police.
- Non-Criminal, On-Campus Reporting Options:
- Reports involving allegations against any member of the SCHMT’s community can be made through the Harassment Complaint Policy and Procedure, using Harassment Complaint Form.
- Anyone who has experienced or witnessed sexual violence may pursue more than onereporting option simultaneously.
Disclosure without Reporting
If a person who reports experiencing sexual violence does not want to report the incident through the criminal justice system, or the college’s non-criminal on-campus options, s/he has the option of disclosing their experience to the President of the College to receive personal support and academic accommodations that may be needed as a consequence of the impacts.
College Contacts for Reporting
Sexual Violence Prevention and Response Coordinator
(905)216-1600
director@springfieldcollge.ca
CONFIDENTIALITY
Confidentiality is an important principle in creating an environment where those who have experienced sexual violence feel safe to disclose and seek support and accommodation. The privacy and confidentiality of all members of the SCHMT’s community involved in any complaint, will be protected to the extent possible, but may be precluded where, for example:
- An individual may be at risk of self-harm;
- An individual may be at risk of harming another;
- There is reason to believe that other members of the broader community may be at risk of harm;
- Reporting is required by law; and/or
- The college has an obligation to investigate.
MAINTENANCE OF STATISTICS
The Sexual Violence Prevention and Response Coordinator will maintain annual statistics, without Identifying Information, on disclosed and reported incidents of sexual violence on campus, in accordance with legislative requirements. Any external reporting of statistics will be in accordance with provincial regulations.
REVIEW OF THE POLICY
Springfield College of Healthcare, Management & Technology shall review its sexual violence policy at least once every three years and amend it as appropriate. The college shall ensure that student input is considered, in accordance with any regulations, in the development of its sexual violence policy and every time the policy is reviewed or amended.
INFORMATION FOR SUPERINTENDENT
Springfield College of Healthcare, Management & Technology shall collect from its students and other persons, and provide to the Superintendent, such data and other information relating to the following as may be requested by the Superintendent, in the manner and form directed by the Superintendent:
- The number of times supports, services and accommodation relating to sexual violence are requested and obtained by students enrolled at the college, and information about the supports, services and accommodation.
- Any initiatives and programs established by the career college to promote awareness of the supports and services available to students.
- The number of incidents and complaints of sexual violence reported by students, and information about such incidents and complaints.
INFORMATION FOR SUPERINTENDENT
To prevent delay, when positions authorized to exercise responsibility under this policy are vacant or during the unavailability of persons holding those positions, the College President may designate other persons to exercise their authority under this policy.
Contact Officer: Sexual Violence Prevention and Response Coordinator
(905)216-1600; director@springfieldcollge.ca
Date for Next Review: September 2029
[1] The definition of sexual violence is per Bill 132 (amendments to the Ministry of Training, Colleges and Universities Act under the Sexual Violence and Harassment Action Plan Act, 2016). All terms within the definition of sexual violence will be interpreted per the Criminal Code of Canada
APPENDIX I
DISPELLING THE MYTHS AND MISCONCEPTIONS ABOUT SEXUAL ASSAULT
Use of the term “Rape” in the context of Sexual Violence
This policy refers to the offence of sexual assault to align with the current offence contained in the Criminal Code. The word “rape” is no longer used in criminal statutes in Canada. The term was replaced many years ago to acknowledge that sexual violence is not about sex but is about acts of psychological and physical violence. The term “sexual assault” provides a much broader definition and criminalizes unwanted behaviour such as touching and kissing as well as unwanted oral sex and vaginal and anal intercourse. Although the term no longer has a legal meaning in Canada, the term rape is still commonly used.
| Myth | Fact |
|---|---|
| It wasn’t rape, so it wasn’t sexual violence. | Sexual assault and sexual violence encompasses a broad range of unwanted sexual activity. Any unwanted sexual contact is considered to be sexual violence. A survivor can be severely affected by all forms of sexual violence, including unwanted fondling, rubbing, kissing, or other sexual acts. Many forms of sexual violence involve no physical contact, such as stalking or distributing intimate visual recordings. All of these acts are serious and can be damaging. |
| Sexual assault can’t happen to me or anyone I know. | Sexual assault can and does happen to anyone. People of all socioeconomic and ethnic backgrounds are victims of sexual assault, but the vast majority of sexual assaults happen to women and girls. Young women, Aboriginal women and women with disabilities are at greater risk of experiencing sexual assault. |
| Sexual assault is most often committed by strangers. | Someone known to the victim, including acquaintances, dating partners, and common-law or married partners, commit approximately 75 per cent of sexual assaults. |
| Sexual assault is most likely to happen outside in dark, dangerous places. | The majority of sexual assaults happen in private spaces like a residence or private home. |
| If an individual doesn’t report to the police, it wasn’t sexual assault. | Just because a victim doesn’t report the assault doesn’t mean it didn’t happen. Fewer than one in ten victims report the crime to the police. |
| It’s not a big deal to have sex with someone while they are drunk, stoned or passed out. | If a person is unconscious or incapable of consenting due to the use of alcohol or drugs, they cannot legally give consent. Without consent, it is sexual assault. |
| If the person chose to drink or use drugs, then it isn’t considered sexual assault. | This is a prominent misconception about sexual assault. No one can consent while drunk or incapacitated. |
If the victim didn’t scream or fight back, it probably wasn’t sexual assault. If the victim does not fight back, the sexual assault is their fault. |
When an individual is sexually assaulted they may become paralysed with fear and be unable to fight back. The person may be fearful that if they struggle, the perpetrator will become more violent. |
| If you didn’t say no, it must be your fault. | People who commit sexual assault or abuse are trying to gain power and control over their victim. They want to make it extremely difficult, if not impossible, for their victim to say no. A person does not need to actually say the word “no” to make it clear that they did not want to participate. The focus in consent is on hearing a “yes”. |
| If a woman isn’t crying or visibly upset, it probably wasn’t a serious sexual assault. | Every woman responds to the trauma of sexual assault differently. She may cry or she may be calm. She may be silent or very angry. Her behaviour is not an indicator of her experience. It is important not to judge a woman by how she responds to the assault. |
| If someone does not have obvious physical injuries, like cuts or bruises, they probably were not sexually assaulted. | Lack of physical injury does not mean that a person wasn’t sexually assaulted. An offender may use threats, weapons, or other coercive actions that do not leave physical marks. The person may have been unconscious or been otherwise incapacitated. |
| If it really happened, the victim would be able to easily recount all the facts in the proper order. | Shock, fear, embarrassment and distress can all impair memory. Many survivors attempt to minimize or forget the details of the assault as a way of coping with trauma. Memory loss is common when alcohol or drugs are involved. |
| Individuals lie and make up stories about being sexually assaulted, and most reports of sexual assault turn out to be false. | According to Statistics Canada, fewer than one in 10 sexual assault victims report the crime to the police. Approximately 2% of sexual assault reports are false. The number of false reports for sexual assault is very low. Sexual assault carries such a stigma that many people prefer not to report. |
| Persons with disabilities don’t get sexually assaulted. | Individuals with disabilities are at a high risk of experiencing sexual violence or assault. Those who live with activity limitations are over two times more likely to be victims of sexual assault than those who are able-bodied. |
| A spouse or significant other cannot sexually assault their partner. | Sexual assault can occur in a married or other intimate partner relationship. The truth is, sexual assault occurs any time there is not consent for sexual activity of any kind. Being in a relationship does not exclude the possibility of, or justify, sexual assault. A person has the right to say “no” at any point. |
| People who are sexually assaulted “ask for it” by their provocative behaviour or dress. | This statement couldn’t be more hurtful or wrong. Nobody deserves to be sexually assaulted. Someone has deliberately chosen to be violent toward someone else; to not get consent. Nobody asks to be assaulted. Ever. No mode of dress, no amount of alcohol or drugs ingested, no matter what the relationship is between the survivor and the perpetrator or what the survivor’s occupation is, sexual assault is always wrong. |
| Sexual assault only happens to women. | Not true. The majority of sexual assaults are committed against women by men, but people of all genders, from all backgrounds have been and can be assaulted. |
| Sexual abuse of males is rare. | According to Statistics Canada, six per cent of males 15 or over reported that they had experienced sexual victimization. Sexual assault or abuse occurs in every economic, ethnic, age and social group. |
| If you got aroused or got an erection or ejaculated you must have enjoyed it. | It is normal for your body to react to physical stimulation. Just because you became physically aroused does not mean that you liked it, or wanted it or consented in any way. If you experienced some physical pleasure, this does not take away the fact that sexual abuse happened or the effects or feelings of abuse. |
Source: Appendix I, “Dispelling the Myths and Misconceptions about Sexual Assault,” Sexual Violence Policy Involving Students.
APPENDIX II
SEXUAL ASSAULT CENTRES (ONTARIO)
SEXUAL ASSAULT CENTRES (ONTARIO)
Other Resources and Supports Available to You
Good to Talk
Post-Secondary Student Helpline– Free 24/7/365 professional, anonymous support for students 1-866-925-5454
Student Lifeline
Professional support for maintaining a healthy balance between school, work and everyday lift. Confidential consultations, counselling, community referrals, resources (articles, CD’s, booklets), and online tools (blogs, podcasts, Depression and Stop Smoking Centres)
1-877-418-1537
Tty/tdd 1-877-371-9978
LifeWorks.com
Pour le support francophone aux femmes victimes d’agression sexuelle:
CALACS (Francophone Sexual Assault Centres) in Ontario
Centre Passerelle pour femmes: CALACS du Nord de l’Ontario
http://www.centrepasserelle.ca/
C.P. 849 Timmins (Ontario) P4N 7G7
705 360-5657
Centre francophone d’aide et de lutte contre les agressions à caractère sexuel d’Ottawa
http://www.calacs.ca/
40, rue Cobourg
Ottawa (Ontario) K1N 8Z6
613 789-8096
calacs@calacs.ca
Centre Novas : Centre francophone d’aide et de lutte contre les agressions à caractère sexuel de Prescott-Russell
www.centrenovas.ca
C.P. 410
Casselman (ON) K0A 1M0
613 764-5700
1 866 772-9922 poste 221
administration@centrenovas.ca
Carrefour des femmes du Sud-Ouest de l’Ontario: CALACS de la région du Sud-Ouest
www.carrefourfemmes.on.ca
Casier Postal 774, London (ON) N6A 4Y8
519 858-0954
1 888 858-0954
bienvenue@carrefourfemmes.on.ca
Centre Victoria pour femmes
www.centrevictoria.ca
C.P. 308
Sudbury (ON) P3E 4P2
705 670-2517
info@centrevictoria.ca
Centr’Elles, centre des Femmes Francophones du Nord-Ouest de l’Ontario
www.centrelles.com
P.O. Box 26058
Thunder Bay (Ontario)
P7B 0B2
807 684-1955
1 888 415-4156
admin@centrelles.com
Oasis Centre des femmes
www.oasisfemmes.org
465 Yonge Street PO Box 73022 Wood Street PO Toronto ON M4Y 2W5
Toronto
416 591-6565
services@oasisfemmes.org
Colibri – Centre des femmes francophones du comté de Simcoe
www.centrecolibri.ca
80, rue Bradford, bureau 340
Barrie (ON) L4N 6S7
Barrie
705 797-2060
1 877 797-2050
admin@centrecolibri.ca
Centre de santé communautaire Hamilton/Niagara – Espace entre Elles
www.centredesantecommunautaire.com
1320 rue Barton Est
Hamilton (Ontario) L8H 2W1
905 528-0163
1 866 437-7606
cschn@cschn.ca
Pour le support francophone aux femmes victimes d’agression sexuelle, se il vous plaît visitez (for French-language support to women victims of sexual assault, please also visit): Action ontarienne contre la violence faite aux femmes.
Acknowledgements:
A number of resources contributed to the development of this document, including the sexual assault policies and procedures from several colleges and universities in Ontario, notably, Durham College, University of Guelph and Lakehead University. The Ontario Women’s Directorate resource, “Developing a Response to Sexual Violence: A Resource Guide for Ontario’s Colleges and Universities” served as a reference. In addition, the Ontario Coalition of Rape Crisis Centres provided a list of sexual assault centres in Ontario and their hotline numbers.
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