POLICY REGARDING SEXUAL VIOLENCE
Responsible Authority: College Coordinator Approval Date: 2015/03/25
Last Reviewed: 2018/11/30
Mandatory Review Date: 2021/10/31
Telephone: 416-897 1544
Registrar, Royal Canadian College of Massage Therapy
Revision as per Bill 132 as Amended– March 16, 2016.
Canadian Association of Sexual Assault Centres
Ontario Provincial English
Assaulted Women’s Helpline Toll Free: 1-866-863-0511 #SAFE (#7233) on Bell, Rogers, Fido or Telus mobile TTY: 416-364-8762 www.awhl.org
Telephone toll-free: 1-877-336-2433 ATS: 1 866 860-7082 www.femaide.ca
Sexual Assault/Domestic Violence Treatment Centres
35 hospital-based centres that provide 24/7 emergency care to women. To locate the Sexual Assault/Domestic Violence Treatment Centre nearest you, follow this link.
Sexual Assault Centre of Brantford Crisis: 519-751-3471
Durham Rape Crisis Centre
Sexual Assault Centre (Hamilton and Area)
Crisis: (905) 525-4162
Office (905) 525-4573
Sexual Assault Support Centre of Waterloo Region Crisis: 519.741.8633
Hope 24/7 (formerly the Sexual Assault/Rape
Crisis Centre of Peel) Crisis:1-800-810-0180
Office: (905) 792-0821
Women’s Support Network of York Region
Crisis: 1-800-263-6734 or 905-895-6734
Office: (905) 895-3646
Sexual Assault & Violence Intervention Services of Halton
Crisis: 905-875-1555 or 1-877-268-8416
Family Transition Place
Oasis Centre des Femmes
Telephone : 416-591-6565
Courriel : email@example.com
Toronto Rape Crisis Centre: Multicultural Women Against Rape
DEFINITIONS & RELEVANT TERMS
Educational practices, systems and support services designed to accommodate functional challenges based on the best options for a student to successfully complete the academic requirements of their course or program.
Includes all students, employees of the College, staff of the Students’ Association, contractors, clients, volunteers and visitors to the College.
College Official/Persons in a position of authority
Any College employee who is duly authorized and empowered to carry out official College business / processes / functions / activities on behalf of the College and is acting, within this context, in the name of the College.
The voluntary and explicit agreement to engage in the sexual activity in question. It is the act of clearly and willingly agreeing to engage in specific sexual behaviour, and requires that a person is
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:
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;
a) the agreement is expressed by the words or conduct of a person other than the complainant;
b) the complainant is incapable of consenting to the activity;
c) the accused induces the complainant to engage in the activity by abusing a position of trust, power or authority;
d) the complainant expresses, by words or conduct, a lack of agreement to engage in the activity; or
e) 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.
For the purposes of this policy, employee includes full-time employees and part-time employees, including bargaining unit members, management and non-unionized employees.
The exposure of the private or intimate parts of the body in a lewd manner, when the perpetrator may be readily observed.
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 unwanted touching to penetration.
Seeking benefit through the non-consensual or abusive sexual control over another.
Any unwanted or offensive sexual behavior that creates a hostile or stressful living, learning, or working environment. Examples of sexual harassment include:
Sexual harassment can be a single incident or an ongoing pattern of behaviour.
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.
Any person who is currently enrolled in a course or program at Algonquin College, or is in the process of enrolling in a course or program or who were enrolled in a course or program when an alleged incident(s) occurred.
Observing another in a sexual manner without consent and when they could reasonably expect privacy. This includes direct observation, through the use of an electronic or mechanical device, or through the use of a recording.
The terms below are provided to enhance the context of the references to sexual violence, regardless whether they are used or further defined in this policy.
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.
In the context of sexual assault/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 particular 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 survivor for purposes of sexual assault.
The individual alleged of conducting an act of sexual assault or sexual violence.
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 instill fear in the survivor or threaten the survivor/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.
Some who have been affected by sexual assault/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 relevant because some who have been affected by 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 been affected by these circumstances to determine how they wish to identify.
Sexual assault and sexual violence are unacceptable and will not be tolerated. We are committed to challenging and preventing sexual assault/sexual violence and creating a safe space for anyone in our College community who has been affected by sexual assault/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 assault/sexual violence.
All reported incidents of sexual assault/sexual violence will be investigated in a manner that ensures due process as outlined in the procedures below. It is this policy’s intention to make individuals feel comfortable about making a report in good faith about sexual assault/sexual violence that they have been affected by or witnessed.
We recognize that sexual assault/sexual violence can occur between individuals regardless of sexual orientation, gender, gender identity or relationship status as articulated in the Ontario Human Rights Code. We also recognize that individuals who have been affected by sexual assault/sexual violence may experience emotional, academic or other difficulties.
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