Sexual Violence Procedure for Employees

1. If You Have Experienced or Have Been Affected by Sexual Violence on Humber Property or at Humber Affiliated/Hosted Events on or off Campus

As an employee, if you have experienced or have been affected by sexual violence on Humber’s property or in relation to Humber activities, it is entirely up to you if you choose to report the incident(s); however, you are strongly encouraged to do so. If you need assistance, please follow the steps outlined below:

Step 1- Immediate Response

If you have experienced sexual violence or sexual assault on Humber’s property:

i. Go to a safe place, including your work site, the Department of Public Safety, or your home.

ii. For immediate support by telephone:

1. Department of Public Safety: 416-675-6622 ext. 4000 (ext. 8500 for non-emergency)
2. Hope 24/7 for the Region of Peel: 1-800-810-0180; or
3. Toronto Rape Crisis Centre/Multicultural Women Against Rape: 416-597-8808

iii. Police: 911

iv. Seek medical attention if necessary. Go to your local emergency room that has a domestic violence and sexual assault care centre such as: Chantal’s Place at Trillium Health Centre, Women’s College Hospital, or a local hospital in your region.

v. Assaulted Women’s Helpline: 416-863-0511

vi. Telehealth Ontario: 1-866-797-0000

vii. Seek out counselling and other supports (refer to section 13).

Step 2 - Options for Follow-up

It is often difficult to disclose and report incidents of sexual violence. It is entirely up to you if you choose to report the incident; however, we strongly encourage you to do so. Several resources on campus are available to explore next steps for employees based on their comfort level such as:

• Department of Public Safety-Humber College
• The office of Human Rights and Harassment
• Your Manager/Supervisor
• Human Resources Business Partner or Human Resources Manager, People(s) and Culture
• Humber Faculty Union, Support Staff Union, and Part-Time Support Staff Union
• Occupational Health and Safety, People(s) and Culture

Anyone who has experienced sexual violence can expect to:

• be treated non-judgmentally, in a supportive manner, with empathetic and unconditional regard and respect;
• be believed;
• be informed about on and off-campus services and resources;
• decide whether or not to access available services, and to choose those services they feel will be most beneficial;
• have coordinated support that minimizes the retelling of the event to the extent possible;
• decide whether to report to the Department of Public Safety (security) and/or police;
• have an on-campus investigation with the College’s full co-operation;
• have the investigation process explained;
• receive relevant information on the timing of Humber’s investigation process;
• meet with their Human Resources representative and/or the Department of Public Safety to develop a safety/action plan to inform themselves of resources available at work/on campus, and to better equip oneself to manage situations where one is feeling at risk;
• have reasonable and necessary actions taken to prevent further unwanted contact with the alleged respondent(s); and
• have interpreters available for accessible services such as American Sign Language, and/or lingual interpretation services for those for whom English is a second language.

Step 3 - Filing a report

Formal Report

If you would like to make a formal report of having experienced sexual violence, call:

i. The Department of Public Safety at 416-675-6622 ext. 4000 (ext. 8500 non- emergency)

ii. The Office of Human Rights and Harassment at 416-675-6622 ext. 5834

If you will be meeting with a representative from the Office of Human Rights and Harassment, you may wish to bring a support person with you; this may be a friend, family member, or colleague. A support person may not be a witness or a party to the complaint.

Formal Police Report

Employees who have experienced sexual violence may also wish to pursue charges under the Criminal Code of Canada. If you wish to pursue charges, the Department of Public Safety can assist you with contacting the local police. You may make a formal college report as well as a formal police report.

Where the Respondent is a Student

Sexual violence is a breach of Humber’s Sexual Violence Policy, the Code of Student Community Standards, and the Human Rights & Harassment Policy.

The Department of Public Safety (Security), the Office of Human Rights and Harassment, and the Office of Student Community Standards receive and investigate complaints of sexual violence, including sexual harassment.

Where the Respondent is an Employee

Sexual violence is a breach of Humber’s Sexual Violence Policy, Workplace Violence Prevention Policy & Procedure, and the Human Rights & Harassment Policy & Complaint Resolution Procedures.

Allegations against employees, including students who are employees, will be addressed in accordance with the Employee Procedures as per the Sexual Violence Policy, Human Rights & Harassment Complaint Resolution Procedures, any applicable collective agreement, and/or in any other College policies. If the complaint is substantiated following an investigation by the Office of Human Rights and Harassment, the College will decide on the appropriate disciplinary actions consistent with any applicable collective agreement and/or policies regarding discipline. Sexual Misconduct is a just cause for dismissal and any employee discharged on the basis of sexual misconduct is not eligible to be rehired by the College.

Where the Respondent is Not a Student or an Employee

The Sexual Violence Policy and Human Rights & Harassment Complaint Resolution Procedures apply to non-Humber community members such as contractors, suppliers, volunteers, or visitors who attend on campus or are involved in college-related activities. All non-Humber community members will be subject to complaints if they engage in prohibited conduct. Non-Humber community members will follow the complaint resolution procedure outlined in the Sexual Violence Employee Procedure. Where a complaint against the respondent is substantiated, the College will take appropriate action.

All contractual relationships entered into by the College will be governed by a standard contract compliance clause stating that contractors must comply with Policy, the Ontario Human Rights Code, and the Ontario Occupational Health and Safety Act, including co-operating in investigations. Breach of the clause may result in penalties, cancellation of contract, or other sanctions.

Step 4 - Investigating the Complaint/Formal Investigation

If and when the complainant decides to proceed to Step 4, a staff member from the Office of Human Rights and Harassment (OHH) shall meet with the complainant and upon a disclosure and report of sexual violence the staff shall:

• discuss the matter with the Manager, Human Rights and the Manager will assign an Advisor from the OHH to conduct an investigation;
• refer the matter to the Department of Public Safety to investigate;
• where appropriate, external/independent investigative resources may be engaged to conduct the investigation on behalf of the College; and
• inform the Human Resources representative of the employee(s).

The Human Resources representative will enable the employee to:

• secure supports and accommodation, if relevant;
• take measures to prevent ongoing contact between the complainant and the respondent, especially if the respondent is an employee.

The process for managing the investigative findings provided by the Department of Public Safety will be determined by the applicable policy and procedure. Steps outlining the investigation process conducted by the OHH including the final decision, corrective action, and the appeal process are available in the Human Rights Complaint Resolution Procedures.

2. College Response to a Report of Sexual Violence

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, 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 and respond. 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. The College has the right to withhold disclosure early on its process to obtain a person’s independent recollection of events.

The College understands that individuals who have experienced sexual violence may wish to control whether and how their experience will be dealt with by the police and/or the College. In most circumstances, the person will retain this control. However, in certain circumstances, the College may be required to initiate an internal investigation and/or inform the police of the need for a criminal investigation, even without the person’s consent, if the College believes that the safety of other members of the College community is at risk. The confidentiality and anonymity of the person(s) affected will be prioritized in these circumstances.

A report of sexual violence may also be referred to the police or to other community resources at the complainant’s request, where the persons involved are not members of the College community; in circumstances where the College is unable to initiate an internal investigation or if the College believes that the safety of other members of the College community is at risk.

Humber College is committed to:

• 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;
• assisting employees who are eligible for domestic or sexual violence leave under the Employment Standards Act (ESA). For further information, you are welcome to contact your Human Resource Business Partner for confidential access to ESA leave options.
• 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;
• addressing harmful attitudes and behaviours that blame the person who has experienced and/or is affected by sexual violence;
• ensuring that College investigation procedures are available and are conducted by trained staff;
• 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;
• ensuring coordination and confidential communication among the various departments who are most likely to be involved in the response to sexual violence on campus;
• engaging in education and prevention activities in the College community coordinated by the Committee on Preventing and Responding to Sexual Violence;
• providing information to the College community about Humber’s sexual violence policies and procedures;
• reporting to the Ministry of Colleges and Universities on the effectiveness of current programs and services to combat sexual violence on campus;
• monitoring and updating our policies and protocols to ensure that they remain effective and in line with other existing policies.

3. Roles and Responsibilities of the College Community

While everyone on campus has a role to play in responding to incidents of sexual violence, some campus members will have specific responsibilities which might include:

• The Office of Human Rights and Harassment may have a facilitative resource function;
• Human Resources to assist with any incidents relating to employees, especially related to accommodation and provisioning of resources; and
• The Department of Public Safety to assist with investigations and gathering evidence, to implement measures to reduce sexual violence on campus and collaborate with local police where appropriate.

When a disclosure and/or a report of sexual violence is made by an employee, regardless of whether it is investigated or not, the employee may require accommodation. Accommodations will be provided in compliance with Humber’s Accommodation Policy and the Ontario Human Rights Code.

4. What To Do If You Have Witnessed Sexual Violence

If you witness sexual violence, please call the Department of Public Safety at 416.675.6622 extension 8500 and they will assist you by providing resources and necessary supports. If you wish to speak to someone directly, please go to the Department of Public Safety at:

• North Campus – NX101
• Lakeshore Campus – M203

Several other resources are available to you, including:

• Office of Human Rights and Harassment – 416.675.6622 ext. 5834
• Health and Safety Manager – 416.675.6622 ext. 5673

If a member of faculty or staff of the College becomes aware of an allegation of sexual violence against another member of the College community, the faculty or staff is required to notify the alleged incident to one of the following:

• Department of Public Safety-Humber College
• Police Services
• Centre for Human Rights and Harassment
• Supervisor/Manager
• Human Resources Business Partner or Human Resources Client Services Manager, People(s) and Culture
• Occupational Health & Safety, People(s) and Culture
• Dean and/or Director of a Faculty or Department
• Humber Faculty Union, Support Staff Union, and Part-Time Support Staff Union

Faculty and staff will operate within the limitations outlined in Section 5: “Confidentiality” of the Sexual Violence Policy.

5. What To Do If Someone Discloses Allegations of Sexual Violence

1. Responses to disclosures of sexual violence must be non-judgmental, supportive, empathetic, and met with unconditional regard and respect.
2. Employees who have experienced sexual violence are encouraged to come forward to report as soon as they are able to do so, and to the avenue that they feel most comfortable to report.
3. Persons in a position of authority, including persons having responsible charge over the activities of others, shall take immediate action to respond to or to prevent sexual violence from occurring. Employees who witness or receive disclosures of sexual violence are required to notify one of the following:
   
   • Department of Public Safety-Humber College
   • Police Services
   • Office of Human Rights and Harassment
   • Supervisor/Manager
   • Human Resources Business Partner or Human Resources Client Services Manager, People(s) and Culture
   • Occupational Health & Safety, People(s) and Culture
   • Deans & Directors of the Faculties and Departments
4. The College takes the failure to report and/or to take action seriously when it affects the safety of people.
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, which occur on or off College property and that 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.
6. A report of sexual violence may also be referred to the police, or to other community resources at the complainant’s request, where the persons involved are not members of the College community or in circumstances where the College is unable to initiate an internal investigation under the Sexual Violence Policy or this Procedure.

6. Right to Withdraw a Complaint

A complainant has the right to withdraw a complaint at any stage of the process. The College understands that individuals who have experienced sexual violence may wish to control whether and how their experience will be dealt with by the police and/or the College. In most circumstances, the person will retain this control. However, 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 an internal 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 confidentiality and anonymity of the person(s) affected will be prioritized in these circumstances.

7. Protection for Reprisals, Retaliation, or Threats

It is contrary to this Procedure, and to the Sexual Violence Policy, for anyone to retaliate, engage in reprisals, or threaten to retaliate against a complainant, respondent, or other individuals for:

• having pursued rights under the Sexual Violence Policy, the Ontario Human Rights Code, the Occupational Health and Safety Act, and/or under the Criminal Code of Canada;
• having participated or co-operated in an investigation under the Sexual Violence Policy, the Ontario Human Rights Code, or the Occupational Health and Safety Act; and/or
• having been associated with someone who has pursued rights under the Sexual Violence Policy; the Ontario Human Rights Code; the Occupational Health and Safety Act, and/or the Criminal Code of Canada.

Anyone engaged in such conduct may be subject to sanctions and/or discipline.

8. Vexatious Complaints

Following an investigation, disclosures or complaints that are found to be frivolous, vexatious, or made in bad faith, may result in sanctions and/or discipline against the complainant.

9. Multiple Proceedings

Where criminal and/or civil proceedings are commenced in respect of the allegations of sexual violence, the College shall conduct its own independent and concurrent investigation into such allegations and will make its own determination in accordance with its policies and procedures. The College is not bound by the outcome of any external proceedings.

Where there is an ongoing criminal investigation, the College will cooperate with the police.

10. Timeliness

Timelines set out in this procedure are subject to extension by the College official who is the prime decision maker in the step in which the extension is requested. However, extensions will be granted only in circumstances where the request for the extension is made in good faith and for extenuating circumstances, and where there would be no prejudice to the other party or the College.

11. Confidentiality

Confidentiality is important, particularly to those who have disclosed sexual violence. The confidentiality of all persons involved in a report of sexual violence must be strictly observed, and the College will do its best to respect the confidentiality of all persons, including the complainant, respondent(s), and witnesses.

However, confidentiality cannot be assured in the following circumstances:

• an individual is at imminent risk of self-harm;
• an individual is at imminent risk of harming another;
• a minor is involved; and/or
• there are reasonable grounds to believe that others in the College or wider community may be at risk of harm.

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

The nature of complaint investigation precludes anonymity, hence confidentiality has limitations in the investigation processes. However, due diligence shall be exercised to protect the rights of the complainant, respondent(s), and witnesses. 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 may also be obliged to take steps to ensure that the matter is dealt with in order to comply with the College’s legal obligation and/or its policies to investigate such allegations. In such cases, specific College administrators will be informed about the reported incident on a “need to know” and confidential basis, but not necessarily of the identities of the persons involved. All information collected as a result of a report made under the policy and procedure will be managed in accordance with the Freedom of Information and Protection of Privacy Act (FIPPA) and the Personal Health Information Protection Act (PHIPA) as applicable.

12. Record Keeping

The Office of Human Rights and Harassment maintains all records of an investigation pursuant to Humber’s Human Rights Complaint Resolution Procedure section 1.8.

13. Resources and Other Supports

Available On Campus

Office of Human Rights and Harassment
humanrights@humber.ca; Available for all campuses, by appointment https://humber.ca/peoples-and-culture/employees/human-rights-and-harassment/human-rights-and-harassment/welcome.html

Department of Public Safety (Security)
416-675-6622, ext. 4000 (For emergencies); 416-675-8500 (For general enquiries); available 24 hours a day at North, Lakeshore, and Carrier Drive Campuses
www.humber.ca/publicsafety/

Indigenous Education & Engagement
416-675-6622 ext. 5424 (North); 416-675-3111 ext. 3299 (Lakeshore); by appointment
http://www.humber.ca/aboriginal/

Available Off-Campus

Assaulted Women’s Helpline
1-866-863-0511; available 24 hours a day, in 200 languages www.awhl.org/ The Assaulted Women’s Helpline serves as a free, anonymous and confidential 24-hour telephone and TTY crisis telephone line to all women in the province of Ontario who have experienced any form of abuse. They provide crisis counselling, safety planning, emotional support, information and referrals accessible 7 days a week, 365 days a year.

Chantel’s Place
Trillium Health Centre 100 Queensway West, Mississauga
905-848-7580 ext. 2548; for counselling contact 905-848-7689; available 24 hours a day, via Trillium’s Emergency Department https://www.thp.ca/patientservices/womens/Chantels-Place
Chantel’s place is a partner in an Ontario network of sexual assault and domestic violence treatment centres. All services are free, and individuals can obtain a physical examination, an assessment and treatment of injuries, medication to present or limit the risk of contracting a sexually transmitted infection or HIV. Staff may also take forensic evidence such as photographs, in the event of abuse; the hospital may be able to provide some immediate and long-term counselling. A medical record is confidential.

David Kelley Counselling Programs
https://familyservicetoronto.org/our-services/programs-and-services/david-kelley- services/
The David Kelley Program offers two types of counselling services for Lesbian, Gay, Bisexual, Trans, and Queer folks (LGBTQ+). Options for counselling include the HIV/Aids Community Counselling Program and the Lesbian, Gay, Bisexual, Trans, Queer (LGBTQ+) Counselling Program. The David Kelley program also provides Partner Assault Response (PAR) services for court- and probation-mandated individuals charged with assault to a same-sex partner.

First Nations and Inuit Mental Health and Wellness
1-888-242-3310 or online chat at Hope for Wellness; open 24 hours, 7 days a week;
Provides immediate mental health counselling and crisis intervention to all Indigenous peoples across Canada.

Hope24/7
1-800-810-0180
Crisis Line is Available:

• Monday and Friday 9:00 am – 5:00 pm
• Tuesday and Wednesday 9:00 am – 8:00 pm
• Thursday 9:00 am – 6:00 pm

10 Gillingham Drive
Suite 6305, Brampton www.hope247.ca
Hope 24/7 is a charity organization offering psychotherapy services for folks 12 years old and over who have been impacted by relationship and sexual violence.

Native Women’s Resource Centre of Toronto
416-963-9963
NWRCT is community based and offers culturally relevant services such as legal and health services.

Police Services – Emergency, Call 911
Toronto: 416-808-2222
York: 1-866-876-5423
Peel: 905-453-3311
Halton: 905-825-4777

Support Services for Male Survivors of Sexual Abuse
1-866-887-0015; available 24 hours a day, 7 days a week;
Immediate crisis and referral services in Ontario for male survivors of sexual abuse. Referrals to counselling, peer support, and other community agencies.

Talk4Healing
1-855-554-HEAL (4325) or 2-1-1; available 24 hours a day, 7 days a week;
Free and culturally safe telephone helpline for Indigenous women living in Ontario; Provides services in English, Ojibway, Oji-Cree, and Cree.

The 519 Community Centre (Toronto)
416-392-6874
519 Church Street
Info@The519.org; www.the519.org/
The 519 has been committed to the health, happiness and full participation of the LGBTQ2S communities. The agency utilizes a model of service, space and leadership to promote inclusion and respect.

The Sexual Assault and Domestic Violence Care Centre at Women’s College Hospital
416-813-6275
https://www.womenscollegehospital.ca/care-programs/sexual-assault-domestic- violence-care-centre/
The Sexual Assault/Domestic Violence Care Centre (SA/DVCC) available 24 hours a day, seven days a week, is a comprehensive service that assists women, men, non-binary, and trans people who are survivors of sexual assault and domestic/intimate partner violence.

Toronto Rape Crisis Centre/Multicultural Women Against Rape
416-597-8808; available 24 hours a day. http://trccmwar.ca/
A confidential community support group that can provide referrals, information and resources. They can also offer a support group or one-on-one counseling. A crisis line can provide immediate support and information anonymously.

Additional resources for Peel Region (Brampton, Mississauga, and Caledon, including Orangeville) can be found at: http://www.peelregion.ca/health/sexual- assault/help.htm

Within Ontario, the Women’s Assault Helpline (www.awhl.org/) can assist in finding local resources.

To find a local sexual assault centre in Ontario, visit http://www.sexualassaultsupport.ca/. Free, confidential counseling is available.