Sexual Misconduct by Employees
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.
32.0.1 (1) In this section,
“Sexual Misconduct” means, in relation to a student enrolled at Springfield College of Healthcare, Management & Technology,
(a) physical sexual relations with the student, touching of a sexual nature of the student or behaviour or remarks of a sexual nature toward the student by an employee of the Springfield College of Healthcare, Management & Technology where,
Discharge or discipline
(2) If an employee of a Springfield College of Healthcare, Management & Technology commits an act of sexual misconduct toward a student enrolled at Springfield College of Healthcare, Management & Technology, the college may discharge or discipline the employee for that act, and
(a) the discharge or disciplinary measure is deemed to be for just cause for all purposes;
(b) the employee is not entitled to notice of termination or termination pay or any other compensation or restitution as a result of the discharge or disciplinary measure; and
(c) despite subsection 48 (17) of the Labour Relations Act, 1995, and despite any provision of a collective agreement or employment contract specifying a penalty for the infraction, no arbitrator, arbitration board or other adjudicator shall substitute any other penalty for the discharge or disciplinary measure imposed by Springfield College of Healthcare, Management & Technology.
No re-employment
(3) If an employee of Springfield College of Healthcare, Management & Technology commits an act of sexual misconduct toward a student enrolled and College discharges the employee for that act or the employee resigns from their employment, Springfield College of Healthcare, Management & Technology will not subsequently re-employ the employee.
(4) If Springfield College of Healthcare, Management & Technology determines that it has re-employed an individual contrary to subsection (3) the College will discharge the employee, and clauses (2) (a) to (c) shall apply to the discharge.
Agreement
(5) Subject to subsection (6), an agreement between Springfield College of Healthcare, Management & Technology and any person, including a collective agreement or an agreement settling existing or contemplated litigation, that is entered into on or after the day section 1 of Schedule 2 to the Strengthening Post-secondary Institutions and Students Act, 2022 comes into force, shall not contain any term that, directly or indirectly, prohibits Springfield College of Healthcare, Management & Technology or any person related to the College from disclosing that an allegation or complaint has been made that an employee of Springfield
College of Healthcare, Management & Technology committed an act of sexual misconduct toward a student of the College, and any such term that is included in an agreement is void
Exception
(6) Springfield College of Healthcare, Management & Technology may enter into an agreement that contains a term described in subsection (5) if the student requests that Springfield College of Healthcare, Management & Technology do so, provided that,
(a) the student has had a reasonable opportunity to receive independent legal advice;
(b) there have been no undue attempts to influence the student with respect to the request;
(c) the agreement includes an opportunity for the student to decide to waive their own confidentiality in the future and the process for doing so; and
(d) the agreement is of a set and limited duration.
Contrary term, rule, etc.
(7) Subsections (2) to (6) apply despite any contrary term in an employment contract or collective agreement, or any contrary rule or principle of common law or equity.
Maintenance of Employee sexual misconduct policy
(8) It is a condition of registration of Springfield College of Healthcare, Management & Technology as per Ontario Career College Act 2025, that the college enforce an Employee sexual misconduct policy that includes, at a minimum,
(a) Springfield College of Healthcare, Management & Technology rules with respect to sexual behaviour that involves employees and students enrolled at Springfield College of Healthcare, Management & Technology; and
(b) examples of disciplinary measures that may be imposed on employees who contravene the policy.
(9) The employee sexual misconduct policy referred to in subsection (8) may specify acts that constitute sexual misconduct for the purposes of the definition of “sexual misconduct”.
(10) The employee sexual misconduct policy referred to in subsection (8) may be included as part of another policy, including as part of the sexual violence policy required under subsection 32.1 (2).
2 Clause 32.1 (2) (a) of the Act is repealed and the following substituted:
(a) subject to subsection 32.0.1 (9), specifically and solely addresses sexual violence involving students enrolled at Springfield College of Healthcare, Management & Technology;
Commencement
3 This Schedule comes into force on July 1, 2023, the day the Strengthening Post-secondary Institutions and Students Act, 2022 receives Royal Assent.
Reporting Sexual Misconduct
Anyone who has witnessed or experienced sexual misconduct 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 (Campus Director) 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.
Anyone who experiences or witnesses sexual violence may pursue any of the following reporting options:
a) 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.
b) Non-Criminal, On-Campus Reporting Options:
- Reports involving allegations against any member of the SCHMT’s community can be made through the Sexual Complaint Form.
Anyone who has experienced or witnessed sexual violence or misconduct may
pursue more than one reporting option simultaneously
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