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Ministry of Training, Colleges and Universities Act

ONTARIO REGULATION 131/16

SEXUAL VIOLENCE AT COLLEGES AND UNIVERSITIES

Consolidation Period: From January 1, 2017 to the e-Laws currency date.

No amendments.

This is the English version of a bilingual regulation.

Accommodation re sexual violence

1. Every college or university described in subsection 17 (2) of the Act shall appropriately accommodate the needs of students enrolled at the college or university who are affected by sexual violence.

Content of sexual violence policy

2. (1) Every college or university described in subsection 17 (2) of the Act shall ensure that its sexual violence policy,

(a) provides information about the supports and services available at the college or university for students who are affected by sexual violence, and identifies the specific official, office or department at the college or university that should be contacted to obtain such supports and services;

(b) provides information about the supports and services available in the community for students who are affected by sexual violence;

(c) informs students that the college or university will appropriately accommodate the needs of students who are affected by sexual violence, and identifies the specific official, office or department at the college or university that should be contacted to obtain such accommodations;

(d) informs students that they are not required to report an incident of, or make a complaint about, sexual violence under the process referred to in paragraph 1 of subsection (2) in order to obtain the supports and services referred to in clause (a) or the accommodation referred to in clause (c); and

(e) includes the information set out in subsection (2) respecting the college’s or university’s process for responding to and addressing incidents and complaints of sexual violence, as required by clause 17 (3) (b) of the Act.

(2) For the purposes of clause (1) (e), a sexual violence policy shall include the following information:

1. The process to be followed by persons who wish to report an incident of, or make a complaint about, sexual violence including the specific official, office or department to whom the incident should be reported or the complaint should be made.

2. Examples of the measures that may be implemented for the purpose of protecting a person reporting an incident of, or making a complaint about, sexual violence from retaliation and the threat of retaliation.

3. The process for deciding whether an incident or complaint of sexual violence will be investigated by the college or university.

4. The statement that a victim may choose not to request an investigation by the college or university, and has the right not to participate in any investigation that may occur.

5. The investigation and decision-making processes at the college or university that will take place if an incident or complaint of sexual violence is investigated.

6. The specific officials, offices or departments that will be involved in each stage of the investigation and decision-making processes.

7. A description of the elements of procedural fairness that will be part of the investigation and decision-making processes.

8. A description of the rights that participants may have to legal or other representation, or to be accompanied by another person, during the investigation and decision-making processes.

9. Examples of the interim measures that may be implemented while an incident or complaint is being investigated or a decision is being made regarding the incident or complaint.

10. Examples of the decisions that may be made and measures that may be imposed after an incident or complaint is investigated.

11. The measures that will be implemented to protect and keep confidential the personal information of the persons involved in the investigation of an incident or complaint.

12. A description of the appeal processes that may be available related to decisions resulting from the investigation process.

13. The roles and responsibilities of senior administrators, students, faculty, other employees, contractors and witnesses upon becoming aware of incidents or complaints of sexual violence.

Development and approval of sexual violence policy

3. (1) For the purposes of subsection 17 (4) of the Act, a college or university described in subsection 17 (2) of the Act shall,

(a) establish a process, in consultation with representatives of the college’s or university’s elected student governing bodies, for the provision and consideration of input from a diverse selection of students regarding the college’s or university’s sexual violence policy; and

(b) follow the process in the development of its sexual violence policy and every time the sexual violence policy is reviewed or amended.

(2) A college or university described in subsection 17 (2) of the Act shall not adopt or implement a sexual violence policy, or any amendments to it, unless the policy or the amendments have been approved by the college’s or university’s governing board or council and, as may be applicable, the university’s senate or academic council.

(3) Despite subsection (2), a college’s or university’s governing board or council may authorize a college or university official to update, as required, the following information in the college’s or university’s sexual violence policy:

1. The supports and services that are available at the college or university or in the community.

2. The identity of the officials, offices and departments at the college or university referred to in clauses 2 (1) (a) and (c) and in paragraphs 1 and 6 of subsection 2 (2).

(4) An update described in subsection (3) does not constitute an amendment to the policy for the purposes of subsections (1) and (2).

Publication

4. Every college or university described in subsection 17 (2) of the Act shall publish its sexual violence policy, and a description of the student input process established under clause 3 (1) (a), on its website, and shall make a copy of the policy available to anyone who requests it.

Training

5. (1) Every college or university described in subsection 17 (2) of the Act shall provide or make available training on its sexual violence policy to the following persons:

1. Members of the college’s or university’s governing board or council, and other senior administrators.

2. Faculty, staff and other employees and contractors of the college or university.

3. Students enrolled at the college or university.

(2) The training shall include training on the college’s or university’s process for responding to and addressing incidents and complaints of sexual violence, including the elements set out in subsection 2 (2).

6. Omitted (provides for coming into force of provisions of this Regulation).

 

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