Sexual Violence Policy

1. Policy Statement & Purpose

AAA Canadian Welding Academy Inc. ("the Academy") is committed to providing a safe and respectful learning and working environment for all students, employees, contractors, and visitors. The Academy does not tolerate any form of sexual violence. All members of the Academy community have the right to study, work, and live in an environment free from sexual violence.

This policy has been developed in accordance with the Ontario Ministry of Colleges and Universities Act, 2000 (formerly the Private Career Colleges Act, 2005), and Ontario Regulation 414/06, which require all registered career colleges in Ontario to have a sexual violence policy that addresses sexual violence involving students.

The purposes of this policy are to:

• Affirm the Academy's commitment to addressing and preventing sexual violence;
• Define sexual violence and related terms;
• Establish procedures for responding to and investigating complaints and reports of sexual violence;
• Identify supports available to those who have been affected by sexual violence; and
• Outline the responsibilities of all members of the Academy community in preventing and responding to sexual violence.

2. Scope

This policy applies to all members of the Academy community, including but not limited to students, prospective students, faculty, staff, administrators, contractors, and visitors. It applies to conduct that occurs:

• On Academy premises, including classrooms, workshops, and common areas;
• During Academy-sponsored activities, events, or placements, whether on or off campus;
• Through electronic or digital means (including social media, email, or text messaging) when connected to the Academy environment; and
• In any context where the conduct has a connection to the Academy and its learning or working environment.

3. Definitions

Sexual Violence

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

Sexual Assault

Sexual assault is any type of unwanted sexual act done by one person to another that violates the sexual integrity of the person 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 Harassment

Sexual harassment means engaging in a course of vexatious comment or conduct against a person because of sex, sexual orientation, gender identity, or gender expression, where the course of comment or conduct is known or ought reasonably to be known to be unwelcome. It includes, but is not limited to:

• Unwelcome sexual solicitations or advances;
• Inappropriate or unwelcome attention of a sexual nature;
• Reprisals or threats of reprisal for rejecting a sexual solicitation or advance; and
• Gender-based harassment, including conduct or comments that demean or belittle a person based on gender.

Consent

Consent means the voluntary agreement of an individual to engage in a sexual act. Consent must be actively and willingly given. Consent is:

• Voluntary: Consent is freely given and cannot be obtained through threats, coercion, manipulation, or abuse of power or trust;
• Informed: All parties understand what they are consenting to;
• Active: Silence, passivity, or the absence of "no" does not constitute consent;
• Ongoing: Consent can be revoked at any time, and must be maintained throughout the sexual activity;
• Specific: Consent to one form of sexual activity does not imply consent to another; and
• Capacity-dependent: A person who is incapacitated by alcohol, drugs, or who is unconscious, asleep, or otherwise unable to communicate cannot consent.

Consent is not obtained where:

• A person is incapable of consenting due to intoxication, unconsciousness, or any other condition that impairs their ability to consent;
• A person is induced to engage in the activity through an abuse of a position of trust, power, or authority;
• A person expresses, by words or conduct, a lack of agreement to engage in the activity; or
• A person, having initially consented, expresses, by words or conduct, a lack of agreement to continue to engage in the activity.

Stalking

Stalking means engaging in conduct directed at a specific person that causes that person to reasonably fear for their safety or the safety of anyone known to them. This includes repeated or obsessive unwanted communication or contact, following, surveillance, or threatening behaviour.

4. Reporting Procedures

The Academy encourages anyone who has experienced or witnessed sexual violence to report it. Reports can be made by contacting:

• Academy Administration: Contact by email at info@aaacwa.com or by phone at 416-744-6509;
• In person: Speak directly with a member of the administrative staff at 270 Eddystone Ave, North York, Ontario, Canada M3N 1H7.

There is no time limit for reporting sexual violence. Reports can be made at any time, regardless of when the incident occurred.

Making a Report

When making a report, the following information may be helpful, though a report may still be made even if not all of this information is available:

1. The name of the person(s) who experienced the sexual violence (the "complainant");
2. The name of the person(s) alleged to have committed the sexual violence (the "respondent"), if known;
3. The names of any witnesses, if known;
4. A description of the incident(s), including date(s), time(s), and location(s); and
5. Any supporting documentation or evidence.

Reporting to Police

Sexual violence is a crime. The Academy will inform complainants of their right to report the incident to the police. The decision to report to police is the complainant's to make, and the Academy will respect and support that decision. In emergency situations, or where there is an immediate risk to safety, the Academy may be obligated to contact police.

To report to police, contact Toronto Police Service at 911 (emergencies) or the non-emergency line at 416-808-2222.

Anonymous and Third-Party Reports

Anonymous and third-party reports may be made. However, such reports may limit the Academy's ability to investigate and respond to the complaint. The Academy will take all reports seriously and will make best efforts to address concerns raised in anonymous or third-party reports.

5. Support Services

The Academy is committed to ensuring that individuals affected by sexual violence have access to appropriate support services, regardless of whether or not they choose to make a formal report. Upon receiving a disclosure or report, the Academy will provide information about the following resources:

On-Campus Support

• Immediate safety planning;
• Assistance with academic accommodations, such as extensions, schedule changes, or alternative arrangements for tests and assignments;
• Assistance with workplace accommodations, where applicable;
• Referrals to external counselling and support services; and
• Information about the reporting and investigation process.

External Support Services

• Assaulted Women's Helpline: 1-866-863-0511 (24/7)
• Toronto Rape Crisis Centre / Multicultural Women Against Rape: 416-597-8808
• Victim Services Toronto: 416-808-7066
• Good2Talk (post-secondary student helpline): 1-866-925-5454
• Crisis Services Canada: 1-833-456-4566 (24/7)
• Ontario Coalition of Rape Crisis Centres: sexualassaultsupport.ca

6. Investigation Process

All formal complaints of sexual violence will be investigated in a timely, thorough, fair, and impartial manner. The following outlines the Academy's investigation process:

Receipt of Complaint

Upon receiving a formal complaint, the Academy will:

1. Acknowledge receipt of the complaint and provide the complainant with information about the investigation process, available support services, and interim measures;
2. Assess whether interim measures are necessary to protect the safety of the complainant, the respondent, or other members of the Academy community; and
3. Assign an investigator to the complaint. The investigator may be a member of the Academy's administration or, where appropriate, an external investigator.

Interim Measures

The Academy may implement interim measures pending the outcome of an investigation. These may include, but are not limited to:

• Changes to class schedules or workshop assignments;
• No-contact orders between the parties;
• Temporary suspension or exclusion from the Academy; and
• Any other measures deemed necessary to ensure the safety and well-being of the parties involved.

Investigation

The investigator will:

1. Interview the complainant, the respondent, and any witnesses;
2. Review any relevant documentation and evidence;
3. Make findings of fact based on a balance of probabilities standard; and
4. Prepare a written report with findings and recommendations.

The investigation will be completed as expeditiously as possible, and normally within 30 business days of receiving the formal complaint. Both the complainant and the respondent will be informed in writing of the outcome of the investigation and any resulting actions.

Outcomes and Remedies

Where a finding of sexual violence is made, the Academy may impose sanctions and remedies including, but not limited to:

• A formal warning or reprimand;
• Mandatory education or training;
• Restrictions on access to specific areas of the Academy;
• Suspension from the Academy;
• Expulsion from the Academy;
• Termination of employment or contract; and
• Any other sanctions or remedies the Academy deems appropriate.

Appeals

Both the complainant and the respondent have the right to appeal the outcome of the investigation. An appeal must be submitted in writing to the Academy administration within 15 business days of receiving the outcome. Appeals will be reviewed by a person who was not involved in the original investigation.

7. Confidentiality

The Academy will protect the confidentiality of all persons involved in a report or complaint of sexual violence, to the greatest extent possible. Information relating to a complaint will only be shared on a need-to-know basis and as required to investigate and resolve the complaint, to implement interim measures or sanctions, or as required by law.

The Academy may be required to disclose information in the following circumstances:

• Where there is a risk of harm to the complainant or others;
• Where disclosure is required by law, including under the Occupational Health and Safety Act or the Criminal Code;
• Where the Academy is required to report to a regulatory body; or
• Where required for the purposes of an investigation or proceeding.

All members of the Academy community who are involved in the reporting or investigation process are expected to maintain confidentiality and to refrain from disclosing information except as required.

8. Protection from Retaliation

The Academy prohibits retaliation against any individual who, in good faith, makes a report or complaint of sexual violence, participates in an investigation, or otherwise exercises their rights under this policy. Retaliation includes, but is not limited to, threats, intimidation, harassment, coercion, or adverse academic or employment actions. Any person who engages in retaliation may be subject to disciplinary action.

9. Education and Prevention

The Academy is committed to raising awareness and preventing sexual violence through education and training. The Academy will:

• Provide information about this policy to all students during orientation and enrollment;
• Make this policy publicly available on the Academy's website and campus;
• Provide training for staff and faculty on recognizing, responding to, and preventing sexual violence; and
• Review and update this policy at least once every three years, or as required by legislation.

10. Contact Information

For questions about this policy, to make a report or complaint, or to access support services, please contact:

If you are in immediate danger, call 911.