Sexual Violence Policy

1. Sexual Violence Policy

• Westlake College of Business, Health & Logistics is committed to providing its students with an educational environment free from sexual violence and treating its students who report incidents of sexual violence with dignity and respect.
• Westlake College of Business, Health & Logistics has adopted this Sexual Violence Policy, which defines sexual violence and outlines its training, reporting, investigative and disciplinary responses to complaints of sexual violence made by its students that have occurred on its campus or at one of its events and involves its students.
• The person accused of engaging in sexual violence will be referred to as the “Respondent” and the person making the allegation as the “Complainant”.
• If students, in good faith, report an incident of or make a complaint about, sexual violence, they will not be subject to discipline or sanction for violations of Westlake College’s policies relating to drug or alcohol use at the time the sexual violence
• Students or anyone reporting on their behalf 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 Westlake College staff or investigators, including irrelevant question relating to the student’s sexual expression or past sexual history.

2. Definition of Sexual Violence

Sexual violence means any sexual act or acts 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.

3. Training, Reporting And Responding To Sexual Violence

• Westlake College of Business, Health & Logistics shall include a copy of the Sexual Violence Policy in every contract made between it and its students and provide a copy of the Sexual Violence Policy to career college management, instructors, staff, other employees and contractors and train them about the policy and its processes of reporting, investigating and responding to complaints of sexual violence involving its students. Any company participating in offering student internships on their premises must provide an undertaking in writing that it follows all applicable legislation, including the Ontario Human Rights Code and the Occupational Health and Safety Act and will provide students access to those policies should they encounter issues relating to sexual violence in the workplace.
• The Sexual Violence Policy shall be published on its website.
• Westlake College of Business, Health & Logistics management, instructors, staff, other employees, and contractors of the college will report incidents of or complaints of sexual violence to the Campus Director.
• Students who have been affected by sexual violence or who need information about support services should contact Campus Director.
• Subject to Section 4 below, to the extent it is possible, Westlake College of Business, Health & Logistics will attempt to keep all personal information of persons involved in the investigation confidential except in those circumstances where it believes an individual is at imminent risk of self-harm, or of harming another, or there are reasonable grounds to believe that others on its campus or the broader community are at risk. This will be done by:
  1. Ensuring that all complaints/reports and information gathered because of the complaint/reports will be only available to those who need to know for purposes of investigation, implementing safety measures and other circumstances that arise from any given case; and
  2. Ensuring that the documentation is kept in a separate file from that of the Complainant/student or the Respondent.
• Westlake College of Business, Health & Logistics recognizes the right of the Complainant not to report an incident of or make a complaint about sexual violence or not request an investigation and not to participate in any investigation that may occur.
• Notwithstanding (f), in certain circumstances, Westlake College of Business, Health & Logistics may be required by law or its internal policies to initiate an internal investigation and/or inform police without the complainant’s consent if it believes the safety of members of its campus or the broader community is at risk.
• In all cases, including (f) above, Westlake College of Business, Health & Logistics will appropriately accommodate the needs of its students who are affected by sexual Students seeking accommodation should contact Campus Director. In this regard, Westlake College of Business, Health & Logistics will assist students who have experienced sexual violence in obtaining counselling and medical care and provide them with information about sexual violence supports and services available in the community as set out in Appendix 1 attached hereto. Students are not required to file a formal complaint to access support and services.

Investigating Reports of Sexual Violence

1. Under this Sexual Violence Policy, any student at Westlake College of Business, Health & Logistics may file a report of an incident or a complaint to the Campus Director in writing. The other officials, offices or departments that will be involved in the investigation are Campus Director.
2. Upon receipt of a report of an incident or a complaint of alleged sexual violence being made, Campus Director will respond promptly and:
   • determine whether an investigation should proceed and if the Complainant wishes to participate in an investigation.
   • determine who should conduct the investigation having regard to the seriousness of the allegation and the parties involved.
   • determine whether the incident should be referred immediately to the In such cases or where civil proceedings are commenced in respect of allegations of sexual violence, Westlake College of Business, Health & Logistics may conduct its own independent investigation and make its own determination in accordance with its own policies and procedures; and
   • 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.
3. Once an investigation is initiated, the following will occur:
   • The Complainant and the Respondent will be advised that they may ask another person to be present throughout the investigation.
   • interviewing the Complainant to ensure a complete understanding of the allegation and gathering additional information that may not have been included in the written complaint such as the date and time of the incident, the persons involved, the names of any person who witnessed the incident and a complete description of what occurred.
   • informing and interviewing the Respondent of the complaint, providing details of the allegations and giving the Respondent an opportunity to respond to those allegations and to provide any witnesses the Respondent feels are essential to the investigation.
   • interviewing any person involved or who has, or may have, knowledge of the incident and any identified witnesses.
   • providing reasonable updates to the Complainant and the Respondent about the status of the investigation; and
   • following the investigation, the Director will:
     1. review all the evidence collected during the investigation
     2. determine whether sexual violence occurred, and if so
     3. determine what disciplinary action, if any, should be taken as set out in Section 5 below.

Voices For Women Subsidy Sexual Assault Centre

127 Cedar St, Sudbury, ON P3E 1A9 (705) 671-5495
https://www.voicesforwomen.ca/

Assaulted Women’s Helpline 7-866-0511

SUDBURY SEXUAL ASSAULT CENTRE
https://211north.ca/record/65271549/