Sexual Violence Procedure for Students

1. Students Who Have Experienced or Have Been Affected by Sexual Violence

It is often difficult to disclose and/or report incidents of sexual violence. It is entirely up to individual students to choose to disclose and/or report the incident(s); however, students are strongly encouraged to do so.

Immediate Response

If you have experienced sexual violence or sexual assault:

1. Go to a safe place;
2. For immediate/emergency support by telephone:
   1. Department of Public Safety (Security): 416-675-6622 ext. 4000 (ext. 8500 for non-emergency)
   2. Police/Emergency Medical Services: 911
3. Seek medical attention if necessary;
4. Seek out counselling and other supports (see section 10).

Students who require medical attention may wish to seek support at hospitals that provide full support for survivors (such as: Chantal’s Place at Trillium Health Centre or Women’s College Hospital). A complete medical evaluation can include evidence collection, a physical examination, and treatment. If possible, do not change your clothes, bathe, brush your teeth, wash your hands, or use the toilet until the evidence on your body and clothes has been collected. Please note you have the opportunity to choose whether to continue or stop the medical examination at any time during the process.

If you are in need of advocacy, counselling, or medical support during business hours, the following resources (detailed in Section 8) are available on campus:

• Care Coordinators: staff that offer connections to supports and resources on and off campus, help students navigate processes and policies, discuss options available before proceeding, and assist with access to academic accommodations;

• Student Wellness & Accessibility Centre (SWAC): provide access to confidential medical, health, and counselling support;

• Office of Student Community Standards: assist in understanding your rights at Humber College/UofGH, explain the reporting process, file a complaint under the Code of Student Community Standards;

• Residence Life Staff: provide support and access to resources for students who live in residence.

If you are in need of counselling or medical support outside of business hours, additional resources are listed in Section 8 of this Procedure.

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 connected with sensitive and well-trained employees;
• 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 stories to the extent possible;
• decide whether to report to the Department of Public Safety (Security) and/or police;
• have their rights under the Code of Student Community Standards explained to them;
• have an on-campus investigation with Humber’s full cooperation;
• have the investigation process explained;
• receive relevant information on the timing of Humber’s investigation process;
• have support in developing a safety plan;
• 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.

A student who has experienced sexual violence may choose not to file a report, request an investigation, or participate in any investigation that may occur. A student does not need to file a report or complaint to obtain campus supports, services, and/or academic accommodations.

The College may report incidents of sexual violence to the police for students who are under the age of 18.

2. Filing a Report

Formal Report with the College

Students 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.

Students who wish to discuss their options privately before reporting are encouraged to meet with either a Care Coordinator or a Counsellor in the Student Wellness and Accessibility Centre.

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

1. The Department of Public Safety (Security): 416-675-6622 ext. 4000 (ext. 8500 non-emergency);
2. Office of Student Community Standards: (416) 675-6622 ext. 4347, OSCS@humber.ca

Formal Police Report

Students 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 (Security) 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 (OHH), 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.

Additional Information

Where criminal and/or civil proceedings are commenced in respect to the allegations of sexual violence, the College may conduct its own independent investigation into such allegations, and will make its own determination in accordance with its policies and procedures. Where there is an ongoing criminal investigation, the College will cooperate with the law enforcement agency.

3. Reporting and Support Options for Students who Witness Sexual Violence

Students who have witnessed an incident of sexual violence, or who have reason to believe that sexual violence may occur, are encouraged to call the Department of Public Safety (Security) at: 416-675-6622, ext. 4000 or Police Services by dialing 911.

Students in need of less urgent support during business hours, may seek support from any of the following resources (see Section 10):

• Care Coordinator
• Student Wellness and Accessibility Centre
• Office of Student Community Standards
• Residence Life Staff (for students who live in residence)

All members of the College community who have witnessed sexual violence have a duty to cooperate with a College investigation.

4. What to Do if Someone Discloses Sexual Violence

Students may choose to confide in other students or staff (e.g., coach, faculty, Residence Life Staff) about an act of sexual violence.

A supportive response involves:

• Listening without judgement and accepting the disclosure as true;
• Recognizing that disclosing can be difficult or traumatic;
• Communicating that sexual violence is never the fault of the survivor;
• Providing information about the limits of confidentiality (see Section 7);
• Providing appropriate resource information or referral support to hospital, police, Department of Public Safety (Security), the Student Wellness and Accessibility Centre, or the Office of Student Community Standards, and respecting the individual’s right to choose the services they feel are most appropriate;
• Faculty and staff at Humber must consult with their immediate supervisor, or Department of Public Safety (Security), subsequent to student disclosures of sexual violence. In certain circumstances, if the College believes that the safety of members of the college community are at risk, the College may be required to initiate an internal investigation and/or inform the police of the need for a criminal investigation. This step, as determined by the Department of Public Safety, will be taken even if the survivor has chosen not to pursue a formal complaint or has exercised their right to withdraw a complaint;
• Students do not need to disclose personal information to faculty in order to receive accommodation. If a disclosure is made to any faculty or staff member by a student seeking support or academic accommodation, the faculty or staff shall refer the student to the Student Wellness and Accessibility Centre to ensure that the student receives all appropriate supports and academic accommodations.

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

5. 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 have specific responsibilities which include:

• Department of Public Safety (Security): to assist with investigations and gathering evidence, to implement measures to reduce sexual violence on campus, and collaborate with local police where appropriate.
• Office of Student Community Standards: responsible for the Code of Student Community Standards (CSCS) and applicable policies. Advisors explain the CSCS, receive complaints of alleged breaches of the CSCS, carry out due- process in investigations, collaborate with the Department of Public Safety in developing safety plans, communicate outcomes of investigation processes under the CSCS, and outline appeal mechanisms.
• Student Wellness and Accessibility Centre (SWAC): responsible for supporting student wellbeing and facilitating academic accommodations. Staff can provide confidential psychological and emotional support; confidential preliminary medical assistance and referral; assistance with safety planning; academic accommodation that respects student confidentiality, assistance with referrals to other services. Counselling and support services are available to student survivors and student respondents. Efforts will be made to ensure that appointments with survivors and respondents are not booked concurrently or with the same staff member.
• Office of Human Rights and Harassment: to assist with any incidents of sexual violence relating to students who are also employees of the College.
• Residence Staff: to facilitate safe living arrangements to the best of their abilities;
• Faculty, Staff, and Administrators: to support academic accommodations requested by Student Wellness and Accessibility Centre on behalf of those who have been affected by or have experienced sexual violence (e.g., extensions on assignments, continuing studies from home).
• Persons employed by the College, including persons directing the activities of others, shall take immediate action to respond to or prevent sexual violence from occurring and shall report such incidents to their Manager and/or the Department of Public Safety. The College takes seriously the failure to report and/or take action when it affects the safety of people.

Where the College becomes aware of incidents of sexual violence by 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.

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 under the Sexual Violence Policy or this Procedure, or if the College believes that the safety of other members of the College community is at risk, the Department of Public Safety will contact the appropriate law enforcement agency.

6. Complaint Investigations

Where a report of sexual violence has been filed with the College, the College will exercise care to protect and respect the rights of both the complainant and the respondent. Appropriate actions will be taken by the College to ensure the safety of the individuals involved in the complaint.

Full detail on the investigation process, adjudication, potential outcomes/sanctions, and the appeal process are available in the Code of Student Community Standards Investigation, Adjudication, Sanction, and Appeal Procedure:

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.

Please refer to the Code of Student Community Standards for further information on how to request a review of Interim Measures.

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.

Protection from Reprisals, Retaliation or Threats

It is contrary to this Procedure, the Sexual Violence Policy, and to the Code of Student Community Standards 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 Code of Student Community Standards, 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 Code of Student Community Standards; the Code of Student Community Standards Investigation, Adjudication, Sanctions and Appeal Procedure; the Ontario Human Rights Code; or the Occupational Health and Safety Act; and
• having been associated with someone who has pursued rights under the Sexual Violence Policy; the Code of Student Community Standards; the Code of Student Community Standards Investigation, Adjudication, Sanctions and Appeal Procedure; the Ontario Human Rights Code; the Occupational Health and Safety Act; and/or under the Criminal Code of Canada

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

Appeals

Either party, complainant or respondent, may request an appeal of decisions made through a Code of Student Community Standards investigation process for violations found in the Sexual Violence Policy. If an appeal is filed by one party, other parties to the case will be notified that an appeal has been submitted. They will also be invited to make a written submission for consideration in the review of the appeal.

For full appeal procedures, please refer to the Code of Student Community Standards Investigation, Adjudication, Sanctions and Appeal Procedure.

7. 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.

8. 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 will 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 Personal Health Information Protection Act (PHIPA) as applicable.

9. Record Keeping

The Office of Student Community Standards maintains all records of an investigation pursuant to the Code of Student Community Standards Investigation, Adjudication, Sanctions, and Appeal Procedure Section 7.

10. Resources and Other Supports

Available On Campus

Centre for Human Rights, Equity & Inclusion
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

Counselling Services (Student Wellness and Accessibility Centre)
416-675-5090 (North & Carrier Drive); 416-675-6622 ext. 3331 (Lakeshore); 8:30 a.m. - 4:30 p.m., Monday to Friday
www.humber.ca/student-life/swac

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; available Monday to Friday 8:30 am - 4:00 pm at Orangeville Campus
www.humber.ca/publicsafety/

Health Services (Student Wellness and Accessibility Centre)
416-675-5090 (North); 416-675-6622 ext. 3331 (Lakeshore); 8:30 a.m. - 4:30 p.m., Monday to Friday
www.humber.ca/student-life/swac

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

Office of Student Community Standards
416-675-6622, ext. 4357; OSCS@humber.ca
available for all campuses, by appointment. www.humber.ca/knowthecode/

Residence
North: 416-675-6622 ext. 77201, northrlc@humber.ca
Lakeshore: 416-675-6622 ext. 73001, lakerlc@humber.ca www.humber.ca/residence/

Care Coordinators:
416-675-6622 ext. 2102; CARE@humber.ca

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.

Central Toronto Youth Services (CTYS) - Pride & Prejudice
416-924-2100; https://ctys.org/program/pride-prejudice/

P&P offers unique programs including individual and group counseling, for lesbian, gay, bisexual, trans, non-binary, queer and questioning youth, ages 13-24.

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.

Good2Talk
1-866-925-5454 or text GOOD2TALKON to 686868;
Available 24 hours a day, www.good2talk.ca/

Good2Talk is a free, confidential and anonymous helpline providing professional counselling and information and referrals for mental health, addictions and well-being to post-secondary students in Ontario.

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

• Monday and Friday 9:00 a.m. – 5:00 p.m.
• Tuesday and Wednesday 9:00 a.m. – 8:00 p.m.
• Thursday 9:00 a.m. – 6:00 p.m.

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.