Sexual Violence Policy

Humber is committed to challenging and preventing all forms of sexual violence including, but not limited to, sexual assault, sexual harassment, and human trafficking. The College is committed to creating a safe learning, working, and living environment for everyone in the College community. This policy aims to encourage individuals who have been affected by or have witnessed incidents of sexual violence to make a report to the College and to connect with the various resources and supports available.

Humber recognizes that sexual violence can occur between individuals regardless of sex, sexual orientation, gender, gender identity, gender expression, or relationship status. The College also recognizes that each person’s experience will be affected by the factors above in addition to ancestry, race, ethnicity, language, ability, faith, age, and socio-economic status, and individuals who are affected may experience emotional, academic, employment, and/or other difficulties. Humber recognizes that sexual violence impacts people of all genders, but it does not impact everyone equally; sexual violence affects women, specifically Indigenous women, racialized women, trans women, and women with disabilities, at an overwhelming rate.

Humber College is committed to:

1.1. Assisting those who have been affected by sexual violence with choices, including information, resources, and supports, such as referrals to counselling and medical care, information about resolution pathways including legal options, and appropriate academic, employment, and other accommodations;

1.2. Ensuring those who disclose that they have been affected by sexual violence are treated with compassion, dignity, and respect and are supported throughout the process of disclosure, investigation, and institutional response;

1.3. Addressing harmful attitudes and behaviours that blame the person who has experienced and/or is affected by sexual violence;

1.4. Ensuring that College investigation procedures are available and are conducted by trained staff;

1.5. Engaging in appropriate procedures for investigation and adjudication of a Complaint that are in accordance with College policies, standards, and applicable collective agreements to ensure fairness and due process;

1.6. Ensuring coordination and confidential communication among the various departments who are most likely to be involved in the response to sexual violence on campus;

1.7. Preventing the use of non-disclosure agreements in situations where a student brings forward an allegation of sexual misconduct by an employee, unless the non-disclosure agreement is requested by the student;

1.8. Ensuring employees who are dismissed for sexual misconduct against a student are not eligible to be rehired;

1.9. Engaging in education and prevention activities in the College community coordinated by the Committee on Preventing and Responding to Sexual Violence;

1.10. Providing information to the College community about Humber’s sexual violence policies and procedures;

1.11. Reporting to the Ministry of Colleges and Universities on the effectiveness of current programs and services to combat sexual violence on campus;

1.12. Monitoring and updating our policies and protocols to ensure that they remain effective and in line with other existing policies.

The College recognizes that individuals who experience sexual violence may be reluctant to come forward if they were under the influence of alcohol or drugs at the time of the alleged act of sexual violence. No person disclosing or filing an official complaint of sexual violence will be subject to disciplinary action by the College in relation to the use of drugs or alcohol, even if they were in violation of such policies during the incident that is the subject of the Disclosure or Complaint.

2. Education, Awareness & Training

The Committee on Preventing and Responding to Sexual Violence will be responsible for ensuring the coordination of awareness, prevention, education, and training efforts. The committee is comprised of students, faculty, staff, and on/off campus stakeholders.

The committee will work with on- and off-campus partners to develop and provide ongoing education, including peer-to-peer student campaigns, training sessions, workshops, print, and online resources to the College community. The committee, and initiatives thereof, receive funding from the Dean of Students Office, the Department of Public Safety, the University of Guelph-Humber, and the students’ association (IGNITE).

These initiatives will strive to empower the community to be proactive bystanders and include topics such as: creating a culture of consent, seeking supports, resources for survivors, steps for responding to disclosures using trauma-informed principles, sexual assault awareness, and understanding the complexities of violence and prevalence rates.

All employees are required to complete an online training course in relation to this policy. The Office of Human Rights and Harassment (OHH) provides robust education and training for Humber employees. Training and information about the Policy is available on the OHH’s website or by calling the OHH at 416-675-6622 ext. 4425.

Supports, resources, and information about this policy are available at: www.humber.ca/sexualassault.

3. Disclosures and Incident Reporting of Sexual Assault and Sexual Violence

3.1. All students and employees should expect that responses to disclosures of sexual violence will be non-judgmental, respectful, compassionate, and supportive.

3.2. Individuals who have experienced or been affected by sexual violence are encouraged to come forward to access ongoing support and accommodations, including the creation of a personal safety plan, and to discuss their choices for reporting to the College or external agencies, if desired. Individuals who disclose can receive support without making a Complaint.

Students are encouraged to connect with a Care Coordinator at CARE@humber.ca / 416.675.6622, extension 2102 or the Department of Public Safety at 416-675-6622, extension 4000 (or extension 8500 non-emergency line). Students have the right to determine whether or not to access support services and decide which services they feel would be most beneficial. They are also welcome to bring a support person of their choice to meetings.

Employees are encouraged to access supports through the Employee Assistance Program. Please contact the Manager of Occupational Health & Safety or the Manager, Office of Human Rights &Harassment. Contact information may be found by visiting the People(s) and Culture website (https://hrs.humber.ca/support/staff-directory.html)

3.3. Students looking to initiate an internal investigation can report an incident of sexual violence and file a Complaint with the Department of Public Safety or the Office of Student Community Standards at OSCS@humber.ca / 416-675-6622, extension 4357. Complaints require the declaration of the details of the allegations for the purpose of procedural fairness (a fair process for resolving disputes).

Employees and other members of the College community can report incidents of sexual violence to the Department of Public Safety, the Office of Human Rights & Harassment, their respective manager/supervisor, Human Resources Business Partner or Human Resources Client Services Manager, Occupational Health and Safety, Dean, or Associate Dean.

Reporting requirements for employees are outlined in the Sexual Violence Employee Procedure. Additionally, anyone who receives a complaint or is notified of an incident is expected to report this information to the Office of Human Rights and Harassment.

All individuals have the right to be kept informed in a timely manner about the processes they’ve engaged as a result of information they have provided, including the status and outcome of the investigation and whether early resolution and interim measures have been taken.

The College is committed to responding to complaints fairly and expeditiously. The College recognizes the difficulty of being involved in a Complaint process. Responses are guided by respect, fairness, and a commitment to provide procedural rights to all parties involved.

3.4. Members of the College community who are faculty, employees, and contractors have a duty to immediately report all incidents and suspected incidents of sexual violence to the Department of Public Safety and/or the Office of Human Rights & Harassment. Persons in a position of authority, including persons directing the activities of others, shall take immediate action to respond to or to prevent sexual violence from occurring.

3.5. Where the College becomes aware of incidents of sexual violence by a member of the College community, or against a member of the College community, that occur on or off College property and pose a risk to the safety of members of the College community, the College shall take all reasonable steps to ensure the safety of the College community. As such, the College may be required to act without the survivor’s consent. In these circumstances, the College will inform individuals affected and provide support. Affected parties have the right to not participate in any investigation that may occur. If a Complainant or Respondent decides not to participate in an investigation, a decision can and will be made without their input.

4. Complaint Process and Investigations

4.1. Complaint Investigation

A complaint of sexual violence can be filed under this Policy by any member of the College.

The College has established procedures related to investigating and making decisions about formal Complaints. For further information regarding responsibilities for intake, investigation, and decision making, refer to the applicable procedure:

• Sexual Violence Procedure for Employees
• Sexual Violence Procedure for Students

Where a complaint of sexual violence has been reported to the College, the College will exercise care to protect and respect the rights of both the complainant and the respondent. Except as otherwise stated in this Policy or the relevant Procedure, the College provides those whose rights, privileges, or interests may be affected by a decision with notice of the decision to be made, disclosure of facts relevant to the decision, and an opportunity to be heard. The College may decide how it meets these obligations in different circumstances and will do so with a view to providing a fair process, making a sound decision, and preserving the dignity of survivors.

Appropriate actions may be taken by the College to ensure the safety of the individuals involved in the complaint. No disciplinary action will be taken against a person or group without their knowledge and opportunity to respond pursuant to the applicable Procedure, where there is an alleged breach of this Policy.

In any case, the College may decide to use an external investigator when appropriate in the circumstances.

4.2. Right to Withdraw a Complaint

A complainant has the right to withdraw a complaint at any stage of the process before a decision is rendered. They should communicate, in writing, their decision to withdraw their complaint to the identified Investigator. In certain circumstances, if the College believes that the safety of other members of the College community is at risk, the College may be required to initiate or continue an investigation and/or inform the police of the need for a criminal investigation, even when the survivor has exercised their right to withdraw a complaint. The survivor can still seek supports should they elect to withdraw their complaint.

4.3. Protection from Reprisals, Retaliation, or Threats

Pursuant to Humber’s Human Rights & Harassment Policy, all College community members have the right to express legitimate concerns about incidents of discrimination and harassment that they are experiencing in their education, work, or residence at Humber College without fear of reprisal.

The College will not tolerate any retaliation or reprisal through any means against anyone who discloses or reports an incident of sexual violence or participates in a related investigation.

Anyone engaged in such conduct may be subject to further disciplinary action under this Policy or other College Policies.

4.4. Irrelevant Questioning

During the institution’s investigative process, complainants acting in good faith who share their experience of sexual violence through disclosing, accessing support, and/or reporting to the College, will not be asked irrelevant questions from the institution’s staff or investigators.

5. Confidentiality

Confidentiality is important to those who have disclosed or reported sexual violence. The confidentiality of all persons involved in a report of sexual violence will be strictly observed, and the College is committed to ensuring such an environment and culture exists. The College will make every reasonable effort to protect personal information and handle records in accordance with its policies and corresponding provincial privacy legislation.

There are circumstances where an employee may be required to disclose information within or outside of the College in order to address safety concerns or to satisfy legal reporting obligations such as when:

• an individual is at imminent risk of life-threatening self-harm;
• an individual is at imminent risk of harming another;
• there are reasonable grounds to believe that others in the College or wider community may be at risk of harm; and/or
• disclosure is required by law; for instance, a child under 16 is involved, or to comply with the Occupational Health and Safety Act.

In such circumstances, information would only be shared with necessary service areas/departments to prevent harm, and the name of the survivor would not be released to the public.

Where the College becomes aware of an allegation of sexual violence by a member of the College community against another member of the College community, the College will keep all information confidential except as outlined in this policy and the accompanying procedures, whereby employees required to carry out authorized duties under this policy may conduct investigations, provide support, etc.

All parties to an investigation are expected to keep the details of the case and the fact of the investigation confidential, outside their circle of support, in order to ensure the integrity of the investigation and decision-making process.

All information collected because of a report made under the Policy and applicable Procedure will be managed in accordance with the Freedom of Information and Protection of Privacy Act and Personal Health Information Protection Act as applicable.

6. Support and Representation

All parties are encouraged to bring a support person to meetings. Complainants and Respondents may attend meetings with a single (non-participating) support person who is not otherwise a witness in the matter. The College considers requests to attend meetings with additional support persons and with legal or other representation on a case-by-case basis, with a view to promoting a fair and expeditious process.

Employees covered by a Collective Agreement are entitled to be accompanied by union representation at all meetings which take place pursuant to Humber’s Human Rights & Harassment Complaint Resolution Procedures Section 1.2 (d).

7. Interim Measures

A temporary action or solution implemented to address a situation or problem until a more permanent solution can be reached. While every effort is made to limit the academic impact on the student(s) and/or the workplace impact on employees, interim measures are assigned in an effort to protect the wellbeing and/or safety of community members, including the respondent, and may include a no-contact directive, a registration hold on a student’s account, a leave of absence, ban from campus property, removal from on-campus housing, and/or other necessary measures. The introduction of interim measures does not imply that a complaint has been “substantiated”.

Individuals affected by interim measures may request, in writing, a review of the interim measures at the following times:

1. where there has been a change in the status of court conditions or criminal charges;
2. following completion of a College-approved violence risk assessment, completed internally or externally;
3. when the individual has additional or new information relevant to the decision to impose interim measures; or
4. when the student, as a result of being on interim measures, risks losing their academic year.

Individuals requesting a review must submit a written request for review and include, at minimum, the following information:

• the interim measure to be reviewed;
• the alleged policy violation;
• the impact of the interim measure on the individual; and
• the reason, from the list above, for the review.

Student requests for review should be sent to CARE@humber.ca and reviews will be completed by the Co-Chairs of the CARE Team.

Employee requests for review should be sent to the Vice President, People(s) and Culture, or designate, as per the appeals process outlined in Section 1.5 of Humber’s Human Rights & Harassment Complaint Resolution Procedures.

8. Collection and Reporting of Sexual Violence Statistics

In accordance with Bill 132, Sexual Violence and Harassment Action Plan Act, 2016, Postsecondary institutions in Ontario are required to report aggregate data to the Ministry of Colleges and Universities and a report to the Humber Board of Governors on the experiences of, and support for, students who have experienced sexual violence.

The Manager, Student Connection and Community Care will maintain annual statistics on disclosed and reported incidents of sexual violence on campus for the purpose of community education and legislated requirements. This data would not include any information that would identify any individuals.

9. Policy Review

This policy will be reviewed every three years with consultation from the Humber community and led by the Committee on Preventing and Responding to Sexual Violence.