ontario regulation 132/16
made under the
Private Career Colleges Act, 2005
Made: May 4, 2016
Filed: May 9, 2016
Published on e-Laws: May 9, 2016
Printed in The Ontario Gazette: May 28, 2016
Amending O. Reg. 415/06
(General)
1. Subsection 3 (1) of Ontario Regulation 415/06 is amended by adding the following paragraph:
15.1 A copy of the college’s sexual violence policy.
2. Subsection 20 (1) of the Regulation is amended by adding the following paragraph:
11.1 An acknowledgement by the student that he or she has received a copy of the college’s sexual violence policy, as required under subsection 32.1 (4) of the Act.
3. Part VII of the Regulation is amended by adding the following sections:
Accommodation re sexual violence
36.0.1 (1) A private career college shall appropriately accommodate the needs of students who are affected by sexual violence.
(2) No private career college shall charge a fee for the provision of supports, services or accommodation to students who are affected by sexual violence, or for referring a student to any such supports or services that are available off-campus.
Sexual violence policy
36.0.2 (1) A private career college shall ensure that its sexual violence policy,
(a) provides information about the supports and services available at the private career college or through its agent for students who are affected by sexual violence, and identifies the specific official, office or department at the private career college 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 private career college will appropriately accommodate the needs of students who are affected by sexual violence, and identifies the specific official, office or department at the private career college 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 private career college’s process for responding to and addressing incidents and complaints of sexual violence, as required by clause 32.1 (2) (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 private career college.
4. The statement that a victim may choose not to request an investigation by the private career college, and has the right not to participate in any investigation that may occur.
5. The investigation and decision-making processes at the private career college 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. The statement that a party to an investigation or decision-making process has the right to have a person present with him or her at every stage of the process.
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 the corporate directors, controlling shareholders, owners, partners, other persons who manage or direct the affairs of the private career college, agents, students, instructors and other employees upon becoming aware of incidents or complaints of sexual violence.
(3) The sexual violence policy shall be published on the private career college’s website or, where the private career college does not have a website, posted in a conspicuous location at each of its campuses.
(4) A private career college shall provide or make available training on its sexual violence policy to the following persons:
1. Corporate directors, controlling shareholders, owners, partners and other persons who manage or direct the affairs of the private career college, and their agents.
2. Instructors, staff and other employees and contractors of the private career college.
3. Students enrolled at the private career college.
(5) The training shall include training on the private career college’s process for responding to and addressing incidents and complaints of sexual violence, including the elements set out in subsection (2).
(6) If a private career college’s sexual violence policy conflicts with its expulsion policy, the sexual violence policy prevails.
Commencement
4. This Regulation comes into force on the day section 1 of Schedule 5 to the Sexual Violence and Harassment Action Plan Act (Supporting Survivors and Challenging Sexual Violence and Harassment), 2016 comes into force.