Responding to Sexual Assault and Sexualized Violence Policy

1. Purpose

Loyalist College is committed to fostering a culture of respect and consent, preventing sexual violence, and creating safe and equitable spaces for everyone in our college community. All members of the Loyalist College community have a right to work and study in an environment that is free from any form of sexualized violence.

The college acknowledges that sexual violence can impact all community members. However, it may disproportionately affect individuals or groups facing intersecting systemic discrimination or barriers related to gender identity, sexual orientation, race, creed, Indigenous identity, ethnicity, disability, or socioeconomic status. Additionally, those who have experienced sexual violence may experience emotional, mental, physical, work, academic, or other challenges as a result of sexual violence.

The purpose of this policy is to outline the college’s approach to responding and addressing incidents of sexualized violence, the support services available internally and within the community, and a commitment to fairness throughout the intake and investigation process.

2. Application

This policy applies to all members of the college community.

The college will respond to all incidents of sexualized assault and violence involving its members, including behaviour that occurs on or off campus, as well as behaviour conducted or observed electronically – via online platforms, social media, text, audio, video, or images.

Workplace violence, as defined by the Occupational Health and Safety Act, is addressed in the OHS 007 Workplace Violence Prevention policy. It is recognized that a complaint made under the ADMIN 125 Responding to Sexual Assault and Sexualized Violence policy may initiate action under ADMIN 127 Discrimination and Harassment and/or OHS 007 Workplace Violence Prevention. Incidents outside the scope of college operational policies should be addressed by seeking appropriate community support, such as law enforcement, hospitals, or counselling services.

3. What is Sexual Assault and Sexualized Violence

• Sexual Assault. A criminal offence under the Criminal Code. Sexual assault occurs when a person is subjected to any form of unwanted sexual activity that interferes with their sexual integrity. This includes actions such as kissing, touching, intercourse, or any other sexual contact without their consent.
• Sexualized Violence. Any unwanted sexual acts or attempts committed, threatened, or carried out against a person without their consent. This includes sexual assault, sexual exploitation, stalking, and voyeurism. Sexualized violence may be perpetrated by individuals acting alone or in groups and often targets a person’s sexuality, gender identity, or gender expression. These acts are frequently directed at individuals who do not conform to culturally diverse understandings of gender roles and identities.

4. Other Definitions

• Complainant. A person who makes a report under this policy.
• Consent. The act of willingly agreeing to engage in specific sexual activity and requires the ability to freely choose between ‘yes’ and ‘no’. Consent involves a clear and mutual exchange of affirmative words indicating a willingness to participate in the agreed-upon activity.
  • The initiator of sexual activity is responsible for ensuring that clear and affirmative consent is communicated at all stages of the interaction. It is the initiator’s responsibility to know if the person they are engaging with is a minor.
• Procedural Fairness. The obligation to ensure that processes are conducted in a fair manner, including independent decision-making, providing notice, ensuring the right to be heard, and offering explanations for decisions made.
• Respondent. A person who is named in a report of sexual violence as a person who engaged in sexual violence against another.
• Survivor. Someone who has been affected by sexualized violence and chooses to identify as such. While some individuals may be more familiar with the term “victim,” this policy uses “survivor” where relevant, reflecting that many who have experienced sexualized violence view themselves as having overcome the experience and prefer not to identify with victimization. Complainants, respondents, and witnesses may also identify as survivors. It is the individual’s choice how they wish to self-identify. The use of the term “survivor” does not imply that any allegations made under this policy have been substantiated.
• Sexual Exploitation. Any act that takes advantage of another person’s sexuality for personal gain or benefit, including non-consensual recording or sharing of sexually explicit images or videos, coercing someone into sexual activities against their will, exploiting someone who is unable to give consent, or engaging in sexual activities in exchange for goods or services.
• Sexual Misconduct. Refers to any sexual conduct directed toward a student without their consent (as defined by this policy), ranging from sexual remarks to unwanted touching or penetration that:
  • violates the students’ rights under clauses 7(3)(a) and/or 7(3)(b) of the Human Rights Code to be free from sexual solicitation, advances, reprisal, or threat of reprisal for rejecting.
  • is illegal under the Criminal Code;
  • constitutes sexual assault or violence as defined in this policy; or

5. Policy

Loyalist College commits to fostering a safe and respectful environment where members of the college community feel able to work, learn, and express themselves. Sexual violence is unacceptable and will not be condoned. The college is committed to strengthening sexual violence prevention, fostering a culture of consent, and supporting all members of our college community affected by sexual assault and sexualized violence.

6. Training and Awareness

Loyalist College is committed to addressing harmful attitudes and behaviours, such as myths that blame survivors of sexualized violence. To foster a safe and supportive environment, the college will provide information to the college community about its policies and procedures related to sexualized violence, offer education and training on how to respond to disclosures, and regularly review and update its policies and protocols to ensure that they remain effective and aligned with best practices and related policies.Loyalist College has offices that provide support to survivors of sexual assault and sexualized violence.

7. Offices that Support Survivors of Sexual Violence

Loyalist College has offices that provide support to survivors of sexual assault and sexualized violence.

Survivors can access these offices to:

• Disclose an incident without making a formal report;
• File a formal report of sexual assault or sexualized violence, with guidance to ensure a clear understanding of the policy, procedures, and potential outcomes; and/or
• Receive referrals to support resources related to sexual assault and sexualized violence.

The following offices share responsibility for the intake of disclosures or complaints under this policy and all other forms of the college’s response.

• Office of Student Rights and Responsibilities, Office of Health and Equitable Learning, Residence Services (students)
• Human Resources (employees)
• Tsi Titewaya’taró:roks Indigenous Centre (self-identified First Nations, Métis, and Inuit community members)

A survivor of sexual assault and sexualized violence may also receive help by contacting the Sexual Assault Centre for Quinte and District.A

8. Accommodations and other Supports

The college is committed to providing compassionate and comprehensive support to individuals who disclose or report incidents of sexualized violence in a consistent, respectful, and supportive manner. This support includes:

• Accommodations and adjustments to academic, on-campus housing, or on-campus work arrangements, as needed.
• Access to confidential counseling services that align with cultural or spiritual needs, when possible.
• Assistance in navigating Loyalist policies and procedures, including options for informal and formal reporting.
• Guidance on medical and legal options, including information on reporting to law enforcement or seeking medical attention.
• Efforts to reduce the need for survivors to repeatedly share their story, while upholding the principles of procedural fairness. When a survivor is a complainant, the college recognizes that repeated retelling can be re-traumatizing and will strive to limit the need for survivors to recount their experience.
• Referrals to community resources and support networks.
• Respect for the survivor’s autonomy and their decisions regarding their healing process.

Note:  A survivor of sexual assault is not required to file a formal complaint to access support services or receive accommodations.

9. Responding to and Addressing Incidents of Sexual Violence

• 9.1 Disclosing or Reporting an Incident of Sexual Assault or Sexualized Violence
  • All members of the college community who have been affected by sexualized violence are encouraged to disclose their experience to a trusted employee of the college as soon as they feel ready.
  • Detailed response protocols can be found in:
    • ADMIN 125 Procedure for Responding to Sexual Assault Sexualized Violence — Students
    • ADMIN 125 Procedure for Responding to Sexual Misconduct, Sexualized Assault and Sexualized Violence — Employees
• 9.2 Amnesty from College Sanctions
  • The college recognizes that some individuals may be hesitant to disclose, or report sexualized violence if they were underage drinking or using illegal drugs at the time. A survivor, or other member of the college community, who in good faith discloses or reports sexualized violence will not be subject to college sanctions for drug and alcohol use violations at the time of the incident.
• 9.3 Investigating an Incident of Sexual Assault or Sexualized Violence
  • Loyalist College is committed to a thorough and fair investigation process aligned with ADMIN 125 Procedure for Responding to Sexual Assault Sexualized Violence — Students and ADMIN 125 Procedure for Responding to Sexual Misconduct, Sexualized Assault and Sexualized Violence — Employees. Investigations of sexual assault and sexualized violence will ensure the following:
    • Timely Communication: all parties involved will be kept informed about the investigative process, including the status, outcomes, and any early resolution and/or interim measures taken.
    • Fair and Expeditious Response: Complainants will be addressed with fairness, respect, and efficiency, with a commitment to procedural rights for all parties involved.
    • Support for Students: During investigations involving students, the Office of Student Rights and Responsibilities, and the Student Office of Health and Equitable Learning, will offer support and intake services. Depending on the circumstances, a college employee may also be involved. The college will ensure that students are aware of all individuals involved at each stage of the process.
    • Support for Employees: During investigations involving employees, Human Resources, Equity, Diversity and Inclusion will offer support and intake services including Employee and Family Assistance Program (EFAP).
    • External Investigation: an external investigation may be engaged by the college at its discretion. For example, the college may engage an external investigator to avoid a potential conflict of interest with an internal investigation.
    • Right to Representation: All parties have the right to legal representation or to be accompanied by a support person, during the investigation and decision-making process. The college recognizes that the right to representation may also be addressed in employee collective agreements.
    • Respectful Questioning: Individuals disclosing or reporting an incident of, filing a complaint about, or accessing supports and services for, sexual violence will not be asked irrelevant questions, including those related to their sexual expression or past sexual history.
  • Note: A complainant may choose not to request an investigation by the College and has the right to decline participation in one. However, the College may still be required to take action based on information received outside of a formal complaint—particularly when the disclosure involves behaviors that may violate OHS 007 Workplace Violence or ADMIN 127 Harassment and Discrimination. In such cases, the college must act in accordance with its legal obligations under the Occupational Health and Safety Act.
• 9.4 Procedural Fairness
  • Loyalist College is committed to ensuring procedural fairness in all formal complaints and investigations. No sanction or disciplinary actions will be taken against an individual or group without their knowledge. Respondents will receive reasonable notice, including details of the report, and will have the opportunity to participate in the investigation process.
• 9.5 Interim Measures
  • Upon receiving a disclosure or complaint of sexualized violence, the college will assess whether interim measures are required to support the parties and uphold the integrity of the process.
  • The college may also take proactive steps to prevent potential reprisals by offering appropriate supports or modifications, including but not limited to a no contact order, remote learning options, course schedule adjustments, or campus escort services.
• 9.6 Corrective Action
  • Employees
    • Loyalist College is committed to applying appropriate disciplinary actions. In cases where the survivor is a student and the respondent is an employee, all actions will align with the Strengthening Post-Secondary Institutions and Students Act, which takes precedence over college policies and collective agreements.
    • In accordance with the Ministry of Training, Colleges, and Universities Act, employees who are terminated or resign due to acts of sexual misconduct towards students, as defined by this policy, may not be rehired at any time by the college.
    • In cases where both the survivor and respondent are employees, disciplinary actions may include measures up to and including termination.
  • Students
    • Incidents of sexual assault and sexualized violence involving students as the respondent are violations of the STU 100 Student Code of Conduct. These are serious offences, typically assessed at Level 3 or Level 4 of the Code.
• 9.7 Appeals Process
  • The appeals process for employees is outlined in ADMIN 125 Procedure for Responding to Sexual Misconduct, Sexualized Assault, and Sexualized Violence — Employees.
  • The appeal process for student complainants and respondents is outlined in the STU 100 Student Code of Conduct.

10. Confidentiality

The college is committed to ensuring that any private and personal information provided during the disclosure, reporting, or investigation of sexualized violence is collected, used, maintained, and secured appropriately. Every effort will be made to maintain the confidentiality of all individuals involved in the process, including the survivor, respondent, and witnesses.

All participants in the disclosure, reporting, assessment, or investigation process are required to keep this information confidential.

• 10.1 Limits to Confidentiality
  • The college will restrict access to information provided in disclosures, reports, and investigations of sexualized violence to individuals with a legitimate need for access. Education and training will be provided to those who are regularly involved in receiving disclosures and administering reports.
  • However, confidentiality cannot be guaranteed in circumstances where:
    • An individual is at imminent risk of self-harm.
    • An individual is at imminent risk of harming another.
    • There is a concern for the safety or welfare of a child or vulnerable person.
    • There are reasonable grounds to believe that others in the college or wider community may be at risk of harm.
    • Disclosure is required to meet a legal reporting obligation or otherwise required by law.
  • When the college becomes aware of a report of sexual violence involving members of the college community, it may be obligated to take action to comply with legal or policy requirements. In such cases, relevant college administrators will be confidentially informed on a “need-to-know” basis; however, the identifies of those involved may not be disclosed.
  • The college will not use or enforce non-disclosure agreements (NDAs) that restrict a student or employee from sharing their own experience of sexual violence or misconduct. Individuals may choose to keep their experience private, but confidentiality will never be imposed as a condition of accessing support, accommodations or resolution processes.

11. Third Party Witnesses and their Obligation to Report

College employees, governors, volunteers, appointees, suppliers, contractors, etc. who witness or have knowledge of sexualized violence are obligated to report it immediately. Detailed information on obligations and procedures can be found in the ADMIN 125 Procedure for Responding to Sexual Assault Sexualized Violence for students and employees.

12. Unsubstantiated or Vexatious/Bad Faith Reports

Reports made in good faith that are found, after investigation, to be unsubstantiated will be dismissed as such. However, if an investigation determines that a disclosure or report was made vexatiously or in bad faith—intended to annoy, embarrass, harass, or harm the respondent—sanctions or disciplinary action may be taken against the complainant. For employees, disciplinary action may be up to and including the termination of their employment for cause.

13. Protection from Reprisals, Retaliation, or Threats

Retaliation, reprisals, or threats against a survivor or any individual for the following reasons are prohibited under this policy:

• Pursuing rights under this policy, the Human Rights Code or the Occupational Health and Safety Act.
• Participating in or cooperating with an investigation under this policy or the Human Rights Code or the Occupational Health and Safety Act.
• Being associated with someone who has pursued rights under this policy or the Human Rights Code or the Occupational Health and Safety Act.

The college will take reasonable steps to protect individuals from reprisals, retaliation, and threats. Measures may include providing written notice of the duty to avoid reprisals, restricting access to certain areas of campus, or limiting communication.

14. Accountability

Loyalist College is committed to accountability and will report annually to its Board of Governors key measures related to student experiences and support regarding sexual violence. These measures include:

• Disclosure of the number of reported incidents of sexual violence reported by students.
• Initiatives, programs, and education aimed at providing awareness of available support and services.
• Supports and services.
• Training program.
• Assessing the implementation and effectiveness of the college’s sexual violence policy.

15. Related Documents

• ADMIN 125 Procedure for Responding to Sexual Assault Sexualized Violence — Students
• ADMIN 125 Procedure for Responding to Sexual Misconduct, Sexualized Assault and Sexualized Violence — Employees
• Loyalist College Student Formal Complaint Form
• Loyalist College Employee Complaint Form
• ADMIN 127 Discrimination and Harassment
• ADMIN 127 Discrimination and Harassment Procedures for Employees
• OHS 007 Workplace Violence Prevention
• OHS 007 Workplace Violence Prevention Procedure
• HR 100 Employee Code of Conduct
• STU 100 Student Code of Conduct

16. Reference

• Criminal Code
• Ontario Human Rights Code, 1990
• Ministry of Training, Colleges, and Universities Act, 1990
• Occupational Health and Safety Act, 1990
• Strengthening Post-secondary Institutions and Students Act, 2022