SEXUAL VIOLENCE POLICY

1. Purpose, Commitment and Legislative Authority

Liberty College of Management (the “College”) is committed to providing an educational environment free from sexual violence and to treating every person who discloses, reports or makes a complaint about sexual violence with dignity, compassion and respect.

This policy is established under the Ontario Career Colleges Act, 2005 (the “Act”), including sections 32.0.1 and 32.1, and Ontario Regulation 415/06, including sections 36.0.1 and 36.0.2, as amended. It replaces references to the former statutory title, the Private Career Colleges Act, 2005.

The policy explains available supports and accommodations; options for disclosure, reporting and complaints; the College’s response and investigation process; privacy protections; disciplinary measures; appeal rights; training; data collection; and review obligations.

This policy applies to sexual violence involving a student where the conduct is connected to the College, including conduct occurring on College premises, online or through College systems, at a College activity or event, during a placement or internship, or in another context that affects a student’s learning or participation in the College community.

2. Definitions

Sexual violence means any sexual act or act targeting a person’s sexuality, gender identity or gender expression, whether physical or psychological in nature, that is committed, threatened or attempted against a person without that person’s consent. It includes sexual assault, sexual harassment, stalking, indecent exposure, voyeurism and sexual exploitation.

Consent is the voluntary, informed and ongoing agreement to engage in the sexual activity in question. Consent must be active and freely given; cannot be inferred from silence, passivity or a previous sexual relationship; may be withdrawn at any time; and cannot be given where a person is incapacitated or where agreement results from force, threat, coercion, fraud or abuse of trust, power or authority.

Complainant means a person who makes a complaint under this policy. Respondent means the person alleged to have engaged in sexual violence. Disclosure means sharing information to seek support; it is not necessarily a formal report or complaint.

3. Immediate Safety, Supports and Accommodations

In an emergency or where there is an immediate threat, call 911 or go to a safe location. A student may also seek medical attention, contact police, preserve evidence, or speak with a support person. The choice to contact police belongs to the student except where the College is legally required to act.

Students affected by sexual violence may contact either of the following College representatives in person, by telephone, by email or in writing:

The College will provide information about College and community supports and will appropriately accommodate a student’s needs. Accommodations may include changes to attendance, deadlines, assessments, schedules, courses, placements, communication arrangements, campus access or safety planning.

A student is not required to report an incident, make a complaint, request an investigation or participate in an investigation to receive supports, services or accommodations.

4. Reporting and Complaint Options

A student may disclose an experience, report an incident or make a complaint verbally or in writing to either designated College representative. A report may also be made by another person; however, the affected student’s wishes, safety and privacy will be considered.

The College recognizes the affected student’s right not to report, not to make a complaint, not to request an investigation and not to participate in an investigation. The student may change their decision later.

In exceptional circumstances, the College may need to act without the student’s consent where required by law or where there is a serious or imminent risk to safety. Where reasonably possible, the College will inform the affected student before acting and limit disclosure to what is necessary.

5. Mandatory Regulatory Protections for Students

The following protections apply when a student discloses, reports or makes a complaint about sexual violence:

6. College Response and Interim Measures

Upon receiving a disclosure, report or complaint, the College will respond promptly, sensitively and in a manner proportionate to the circumstances. The designated representative will:

Interim measures are not disciplinary findings. They may include no-contact directions, schedule or location changes, temporary access restrictions, alternate supervision, academic or placement arrangements, or other reasonable safety measures. Measures will be reviewed as circumstances change.

7. Investigation Process

Where an investigation proceeds, the College will appoint an impartial investigator with appropriate knowledge and no material conflict of interest. Depending on the seriousness or complexity of the matter, the investigator may be external.

The College will use a fair process and will:

Timelines may be adjusted for safety, accessibility, trauma-informed participation, availability, complexity, a parallel police process or other reasonable circumstances. The College will communicate material delays.

8. Privacy, Confidentiality and Records

The College will protect personal information and confidentiality to the extent reasonably possible. Information will be shared only with persons who need it to provide support, assess risk, implement accommodations or interim measures, investigate, decide the matter, administer discipline, obtain advice, comply with law or protect safety.

Absolute confidentiality cannot be guaranteed. Disclosure may be required where there is an imminent risk of serious harm, a legal reporting duty, a court order, a law-enforcement requirement or another legal obligation.

Records will be stored securely and, where practicable, separately from ordinary student or personnel files. The College will retain records in accordance with applicable law and its records-retention practices.

9. Findings and Corrective or Disciplinary Measures

If the College determines that sexual violence or a related policy violation occurred, it will take proportionate corrective or disciplinary action. Measures may include education, a warning, behavioural conditions, no-contact or access restrictions, suspension, expulsion of a student, removal from a placement, termination of a contractor relationship, or discipline up to and including termination of employment.

A person who knowingly makes a false complaint or knowingly provides false information may be subject to discipline. A complaint that is not substantiated, or an inconsistency caused by trauma, memory or mistake, does not by itself establish bad faith.

10. Appeal

The Complainant or Respondent may submit a written appeal to the Executive Director within 10 business days after receiving the decision. If the Executive Director made the original decision or has a conflict of interest, the College will designate an impartial appeal decision-maker.

An appeal must identify at least one of the following grounds:

The appeal is not a new investigation unless the appeal decision-maker determines that additional inquiry is necessary. The written appeal decision is final within the College’s internal process.

11. Employee Sexual Misconduct

Employees must not engage in sexual misconduct toward a student. Conduct that may constitute sexual misconduct includes sexual relations or sexual behaviour involving a student where prohibited by law or College policy, sexual solicitation or advances, reprisal for rejecting sexual conduct, and any other prescribed conduct.

Where an employee commits sexual misconduct toward a student, the College will apply the consequences required by section 32.0.1 of the Ontario Career Colleges Act, 2005. This includes discharge or discipline where legally required, restrictions on rehiring where applicable, and the statutory limits governing agreements concerning allegations of sexual misconduct. This section forms the College’s employee sexual misconduct policy and must be read with the Act.

12. Training, Communication and Public Access

The College will provide this policy to management, instructors, staff, employees and contractors and will train relevant persons on the policy, trauma-informed responses, available supports, reporting and complaint options, investigation requirements, privacy, the alcohol/drug protection, the prohibition on irrelevant questions and the prohibition against reprisal.

The College will make this policy publicly available on its website, provide access to students, include the required acknowledgement or contractual reference in student enrolment materials, and communicate material amendments.

13. Student Input, Review and Data

The College will consider student input whenever this policy is developed, reviewed or amended. It will review the policy at least once every three years and sooner where legislation, regulation, Ministry guidance, incidents or operational experience indicate that a change is needed.

The College will collect and maintain the non-identifying data and other information required under section 32.1 of the Ontario Career Colleges Act, 2005 and will provide required information to the Superintendent of Career Colleges. Personal information will not be included in public reporting except where authorized or required by law.

The next scheduled review is no later than August 4, 2029.

14. Relationship to Other Procedures

A complaint of sexual violence involving a student will be addressed under this stand-alone policy and not through the College’s general student complaint procedure. Other College policies may apply concurrently where they do not reduce the protections in this policy.

Appendix A — Community and Provincial Supports

The College does not require a student to use any particular service. Availability and contact details may change; students may ask the College for help locating a current service.

Legislative References
Ontario Career Colleges Act, 2005 (S.O. 2005, c. 28, Sched. L), sections 32.0.1 and 32.1; Ontario Regulation 415/06, sections 36.0.1 and 36.0.2, including amendments made through Ontario Regulation 132/16 and Ontario Regulation 647/21.

This policy is an institutional compliance document and should be reviewed periodically against current legislation and Ministry guidance. It does not constitute legal advice to any individual.