CANADIAN INSTITUTE OF FLORAL DESIGN
SEXUAL ASSAULT AND SEXUAL VIOLENCE POLICY
This Policy applies to:
All members of the CIFD College community including: all employees, governors, students, contractors, suppliers of services, individuals who are directly connected to any College initiatives, volunteers, and visitors.
DEFINITIONS
Sexual Assault and Sexual Violence Sexual assault: A criminal offence under the Criminal Code of Canada. Sexual assault is any type of unwanted sexual act done by one person to another that violates the sexual integrity of the victim and involves a range of behaviours from any unwanted touching to penetration. Sexual assault is characterized by a broad range of behaviours that involve the use of force, threats, or control towards a person, which makes that person feel uncomfortable, distressed, frightened, threatened, or that is carried out in circumstances in which the person has not freely agreed, consented to, or is incapable of consenting to.
Sexual violence: A broad term that describes any violence, physical or psychological, carried out through sexual means or by targeting sexuality.
Consent: The voluntary and explicit agreement to engage in the sexual activity in question. It is the act of willingly agreeing to engage in specific sexual behaviour, and requires that a person be able to freely choose between two options: yes and no. This means that there must be an understandable exchange of affirmative words, which indicates a willingness to participate in mutually agreed upon sexual activity. It is also imperative that everyone understands the following:
Silence or non-communication must never be interpreted as consent and a person in a state of diminished judgment cannot consent.
A person is incapable of giving consent if they are asleep, unconscious, or otherwise unable to communicate. A person who has been threatened or coerced (i.e., is not agreeing voluntarily) into engaging in the sexual activity is not consenting to it.
A person who is drugged is unable to consent.
A person is usually unable to give consent when under the influence of alcohol and/or drugs.
A person may be unable to give consent if they have a mental disability preventing them from fully understanding the sexual acts.
The fact that consent was given in the past to a sexual or dating relationship does not mean that consent is deemed to exist for all future sexual activity.
A person can withdraw consent at any time during a sexual encounter.
A person is incapable of giving consent to a person in a position of trust, power, or authority, such as, a faculty member initiating a relationship with a student who they teach, an administrator in a relationship with anyone who reports to that position.
Consent cannot be given on behalf of another person.
It is the responsibility of the initiator of sexual activity to ensure clear and affirmative responses are communicated at all stages of sexual engagement. It is also the initiator’s responsibility to know if the person they are engaging with sexually is a minor.
Note: For information purposes only, the Criminal Code defines “consent” as follows: The voluntary agreement to engage in the sexual activity in question. No consent is obtained, where the agreement is expressed by the words or conduct of a person other than the complainant.
a) the complainant is incapable of consenting to the activity.
b) the accused induces the complainant to engage in the activity by abusing a position of trust, power, or authority.
c) the complainant expresses, by words or conduct, a lack of agreement to engage in the activity; or
d) the complainant, having consented to engage in sexual activity, expresses, by words or conduct, a lack of agreement to continue to engage in the activity.
OTHER RELEVANT TERMS
Acquaintance sexual assault: Sexual contact that is forced, manipulated, or coerced by a partner, friend, or acquaintance.
Age of consent for sexual activity: The age at which a person can legally consent to sexual activity. In Canada, children under 12 can never legally consent to sexual acts. Sixteen is the legal age of consent for sexual acts. There are variations on the age of consent for adolescents who are close in age between the ages of 12 and 16. Twelve- and 13-year-olds can consent to have sex with other youth who are less than 2 years older than themselves. Youth who are 14 and 15 years old may consent to sexual involvement that is mutual with a person who is less than 5 years older. Youths 16 and 17 years old may legally consent to sexual acts with someone who is not in a position of trust or authority.
Coercion: In the context of sexual violence, coercion is unreasonable and persistent pressure for sexual activity. Coercion is the use of emotional manipulation, blackmail, threats to family or friends, or the promise of rewards or special treatment, to persuade someone to do something they do not wish to do, such as being sexual or performing sexual acts.
Drug-facilitated sexual assault: The use of alcohol and/or drugs (prescription or non-prescription) by a perpetrator to control, overpower or subdue a victim for purposes of sexual assault. Stalking: A form of criminal harassment prohibited by the Criminal Code of Canada. It involves behaviours that occur on more than one occasion and which collectively instil fear in the victim or threaten the victim/target’s safety or mental health.
Stalking can also include threats of harm to the target’s friends and/or family. These behaviours include but are not limited to non-consensual communications (face to face, phone, email, social media); threatening or obscene gestures; surveillance; sending unsolicited gifts; “creeping” via social media/cyber-stalking; and uttering threats.
Survivor: Some who have experienced sexual violence may choose to identify as a survivor. Individuals might be more familiar with the term “victim”. We use the term survivor throughout this policy where 3 relevant because some who have experienced sexual assault believe they have overcome the violent experience and do not wish to identify with the victimization. It is the prerogative of the person who has experienced these circumstances to determine how they wish to identify.
1. PURPOSE AND INTENT OF THE POLICY
All members of the College community have a right to a work and study in an environment that is free from any form of sexual violence. This policy and its related procedure set out the way in which we address sexual violence. It ensures that those affected by sexual violence are believed and appropriately accommodated and ensures that the College has a process of investigation that protects the rights of individuals and holds individuals who have committed an act of sexual violence accountable.
2. POLICY STATEMENT
Sexual assault and sexual violence are unacceptable and will not be tolerated. We are committed to challenging and preventing sexual violence and creating a safe space for anyone in our College community who has been affected by sexual violence. The College is expected to be a safe and positive space where members of the College community feel able to work, learn and express themselves in an environment free from sexual violence.
All reported incidents of sexual violence will be investigated to the best of the college’s ability and in a manner that ensures due process. It is this policy’s intention to make individuals feel comfortable about making a report in good faith about sexual violence that they have experienced or witnessed.
We recognize that sexual violence can occur between individuals regardless of sexual orientation, gender, and gender identity or relationship status as articulated in the Ontario Human Rights Code. We also recognize that individuals who have experienced sexual violence may experience emotional, academic, or other difficulties.
We are committed to:
2.1 assisting those who have been affected by sexual violence by providing choices, including detailed information and support, such as provision of and/or referral to counselling and medical care, information about legal options, and appropriate academic and other accommodation.
2.2 ensuring that those who disclose that they have been sexually assaulted are believed, and that their right to dignity and respect is protected throughout the process of disclosure, investigation, and institutional response.
2.3 addressing harmful attitudes and behaviours (e.g., adhering to myths of sexual violence) that reinforce that the person who experienced sexual violence is somehow to blame for what happened.
2.4 treating individuals who disclose sexual violence with compassion recognizing that they are the final decision-makers about their own best interests.
2.5 ensuring that on-campus (internal) investigation procedures are available in the case of sexual violence, even when the individual chooses not to make a report to the police.
2.6 engaging in appropriate procedures for investigation and adjudication of a complaint which are in accordance with College policies, standards, and applicable collective agreements, and that ensure fairness and due process.
2.7 ensuring coordination and communication among the various departments who are most likely to be involved in the response to sexual violence on campus.
2.8 engaging in public education and prevention activities.
2.9 providing information to the College community about our sexual violence policies and protocols.
2.10 providing appropriate education and training to the College community about responding to the disclosure of sexual violence.
2.11 contributing to the creation of a campus atmosphere in which sexual violence is not tolerated; and
2.12 monitoring and updating our policies and protocols to ensure that they remain effective and in line with other existing policies and best practices.
3. REPORTING AND RESPONDING TO SEXUAL VIOLENCE
3.1. Members of the College community should immediately report sexual violence incidents to the Managing Director, Donald Waltho if they witness or have knowledge of, or where they have reason to believe that sexual violence has occurred or may occur. Members who have experienced sexual violence are encouraged to come forward to the Managing Director; Donald Waltho or the Administration Manager, Melissa Cristina to report as soon as they are able to do so. Members may contact Donald Waltho to assist in accommodation as well as supports and services if so required.
3.2. 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.
3.3. Where the College becomes aware of incidents of sexual violence by 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.
3.4. If students, in good faith, report an incident of, or make a complaint about, sexual violence, they will not be subject to discipline or sanctions for violations of the private career college’s policies relating to drug or alcohol use at the time the alleged sexual violence occurred;
3.5. Students who disclose their experience of sexual violence through reporting an incident of, making a complaint about, or accessing supports and services for sexual violence, will not be asked irrelevant questions during the investigation process by the private career college’s staff or investigators, including irrelevant questions relating to the student’s sexual expression or past sexual history.
3.6. Supports and Services in the Community
If needed, Appendix A has a list of additional resources which the Managing Director, Donald Waltho will assist in providing information and accommodation on.
Alternatively, if you have experienced or have been affected by sexual violence:
• Go to a Safe Place
• Find a trusted friend or colleague or speak with a counsellor.
• If you live in residence speak to your residence advisor, who will support you and arrange counselling if requested.
• Call the Toronto Rape Crisis Centre / Multicultural Women Against Rape 416-597-8800.
• Go to or call the Sexual Assault/ Domestic Violence Care Centre Women’s College Hospital- 416-323-6040.
• Call the Toronto Police Services Division closest to you.
Members of the College community can contact the Managing Director, Donald Waltho to access supports and services.
*Students are not required to report an incident of, or make a complaint about, sexual violence to obtain the supports and services.
4. COMPLAINT PROCESS AND INVESTIGATIONS
A complaint of sexual assault or any other kind of sexual violence can be filed under this Policy by any member of the College community. Upon receipt of a report of an incident or complaint of alleged sexual harassment and/or sexual violence being made, Donald Waltho will respond promptly and:
(i) Determine whether an investigation should proceed and if the complainant wishes to participate in an investigation;
(ii) Determine who should conduct the investigation having regard to the seriousness of the allegation and the parties involved;
(iii) Determine whether the incident should be referred immediately to the police; In such cases where civil proceedings are commenced in respect of allegations of sexual harassment and/or sexual violence, Canadian Institute of Floral Design may conduct its own independent investigation and make its own determination in accordance with its own policies and procedures; and
(iv) Determine what interim measures ought to be put in place pending the investigation process such as removal of the respondent or seeking alternate methods of providing necessary course studies when involving a student.
Canadian Institute of Floral Design will seek to achieve procedural fairness in dealing with all complaints. As such, no sanction and/or disciplinary action will be taken against a person or group without their knowledge where there is an alleged breach of this policy. Respondents will be given details of the allegations and an opportunity to answer to the allegations.
The College will seek to achieve procedural fairness in dealing with all complaints. As such, no sanction and/or disciplinary action will be taken against a person or group without their knowledge where there is an alleged breach of this Policy. Respondents will be given reasonable notice, with full detail of the allegations and provided with an opportunity to answer to the allegations made against them.
4.1. Right to Withdraw a Complaint
A complainant has the right to withdraw a complaint at any stage of the process. However, the College may continue to act on the issue identified in the complaint to comply with its obligation under this Policy and/or its legal obligations.
4.2. Protection from Reprisals, Retaliation or Threats
The College takes reasonable steps to protect persons from reprisals, retaliation, and threats. This may entail, for example, advising individuals in writing of their duty to refrain from committing a reprisal and sanctioning individuals for a breach of their duty. The College may also address the potential for reprisals by providing an accommodation appropriate in the circumstances. Anyone engaged in such conduct may be subject to sanctions and/or discipline.
4.3. Unsubstantiated or Vexatious Complaints
If a person, in good faith, discloses or files a sexual violence complaint that is not supported by evidence gathered during an investigation, that complaint will be dismissed.
Disclosures or complaints that are found following investigation to be frivolous, vexatious, or bad faith complaints, that is, made to purposely annoy, embarrass, or harm the respondent, may result in sanctions and/or discipline against the complainant.
5. CONFIDENTIALITY
Confidentiality is particularly important 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 does its best to respect the confidentiality of all persons, including the complainant, respondent, 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; 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 would only be shared with necessary services 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 may also have an obligation to take steps to ensure that the matter is dealt with to comply with the College’s legal obligation and/or its policies to investigate such allegations. In such cases, certain 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.
6. DISCIPLINARY MEASURES
If it is determined by Canadian Institute of Floral Design that the Respondent did engage in sexual harassment and/or sexual violence, immediate disciplinary or corrective action will be taken. This may include:
(i) Disciplinary action up to and including termination of employment of instructors or staff; or
(ii) Expulsion of a student; and/or
(iii) The placement of certain restrictions on the respondent’s ability to access certain premises or facilities; and/or
(iv) Any other actions that may be appropriate in the circumstances.
7. RIGHT TO WITHDRAW A COMPLAINT
A complainant has the right to withdraw a complaint at any stage of the process. However, Canadian Institute of Floral Design may continue to act on the issue identified in the complaint in order to comply with its obligation under this Policy and/or its legal obligations.
8. APPEAL
Should the complainant or the respondent not agree with the decision resulting from the investigation, he or she may appeal the decision within seven (7) business days by submitting a letter addressed to the Director of Human Resources advising of the person’s intent to appeal the decision.
9. MAKING FALSE STATEMENTS
If a person, in good faith, discloses or files a sexual harassment and/or sexual violence complaint that is not supported by evidence gathered during an investigation, that complaint will be dismissed and no record will be placed in the complainant’s or respondent’s file.
Disclosures or complaints that are found following investigation to be frivolous, vexatious or bad faith complaints, that is, made to purposely annoy, embarrass or harm the respondent, may result in sanctions and/or discipline against the complainant. Individuals who violate this Sexual Harassment and Sexual Violence Policy are subject to disciplinary and/or corrective action up to and including termination of employment of instructors or staff or expulsion of a student.
10. PROTECTION FROM REPRISALS, RETALIATIONS OR THREATS
It is contrary to this policy for anyone to retaliate, engage in reprisals or threaten to retaliate against a complainant or other individual for:
Having pursued rights under this Policy or the Ontario Human Rights Code;
Having participated or co-operated in an investigation under this Policy or the Ontario Human Rights Code; or
Having been associated with someone who has pursued rights under this Policy or the Ontario Human Rights Code.
Individuals who violate the Sexual Harassment and Sexual Violence Policy are subject to disciplinary and/or corrective action, up to and including termination of employment of instructors and staff or expulsion of a student.
11. REVIEW
Canadian Institute of Floral Design shall ensure that student input is considered in the development of its Sexual Harassment and Sexual Violence Policy and every time it is reviewed or amended. Canadian Institute of Floral Design will review its Sexual Harassment and Sexual Violence Policy three (3) years after it is first implemented and amend it where appropriate. This date is February 2021.
12. COLLECTION OF DATA
Canadian Institute of Floral Design shall collect and be prepared to provide upon request by the Superintendent of Private Career Colleges such data and information as required according to Subsections 32. 3 (8), (9) and (10) of Schedule 5 of the Private Career Colleges Act, 2005 as amended.
APPENDIX A:
The following represents a list of Provincial Rape Crisis Centres that could be used as a resource:
1. Canadian Association of Sexual Assault Centres
Assaulted Women’s Helpline English
Toll Free: 1-866-863-0511
#SAFE (#7233) on Bell, Rogers, Fido, or Telus mobile TTY: 416-364-8762
www.awhl.org
Fem’aide Francais
Telephone Toll-Free: 1-877-336-2433
ATS: 1-866-860-7082
www.femaide.ca
2. Sexual Assault/Domestic Violence Treatment Centres
Belleville Sexual Assault Centre for Quinte and District
Toll-Free: 1-877-544-6424
Office: 1-613-967-6300
Brantford Sexual Assault Centre of Brantford
Crisis: 519-751-3471
Office: 519-751-1164 s
exualassaultcentre@sacbrant.ca
Chatham Chatham-Kent Sexual Assault Crisis Centre
24-Hour Crisis Line: 519-354-8688
Office/TTY: 519-354-8908
Durham Region Durham Rape Crisis Centre Crisis:
905-668-9200
Office: 905-444-9672
info@drcc.ca
Guelph Guelph-Wellington Women in Crisis Crisis:
519-836-5710
1-800-265-7233
Office: 519-823-5806
Hamilton Sexual Assault Centre (Hamilton and Area)
Crisis: 905-525-4162
Office: 905-525-4573
TTY: 905-525-4592
www.sacha.ca
Kitchener-Waterloo Sexual Assault Support Centre of Waterloo Region Crisis:
519-741-8633
Office: 519-571-0121
info@sascwr.org
www.kwsasc.org
London Sexual Assault Centre London Crisis:
519-438-2272
Office: 519-439-0844
TTY: 519-739-0690
sacl@sacl.ca
www.sacl.ca
London Abused Women’s Centre Office:
519-432-2204
Email: info@lawc.on.ca
Peel Region Hope 24/7 (formerly the Sexual Assault/Rape Crisis Centre of Peel)
Crisis: 1-800-810-0180
Office: 905-792-0821
http://hope247.ca
Oakville Sexual Assault & Violence Intervention Services of Halton Crisis:
905-875-1555 or 1-877-268-8416
Office: 905-825-3622
Orangeville Family Transition Place Crisis:
1-800-265-9178
Office: 519-942-4122
www.familytransitionplace.ca
Toronto Oasis Centre des Femmes
Telephone: 416-591-6565
services@oasisfemmes.org
http://oasisfemmes.org/
Toronto Rape Crisis Centre: Multicultural Women Against Rape Crisis:
416-597-8808 Office:
416-597-1171
info@trccmwar.ca
crisis@trccmwar.ca
www.trccmwar.ca
Windsor Sexual Assault Crisis Centre of Essex County Crisis:
519-253-9667
www.saccwindsor.net
Woodstock Domestic Abuse Services Oxford Crisis:
519-539-4811 or 1-800-265-1938
Services Oxford Crisis:
519-539-4811 or 1-800-265-1938