VI. ACCESSING THE POLICY: DISCLOSURE AND REPORTING

• Disclosure and Reporting are separate actions that the Complainant can choose to take. The Centre offers confidential support and services to those who have experienced Sexual Violence.
• Disclosure is the sharing of information by an individual with a Member of the RCC Campus Community regarding an Incident of Sexual Violence experienced by that individual.
• Reporting is the sharing of information by an individual with a designated Member of the RCC Campus Community regarding an Incident of Sexual Violence experienced by that individual, with the intention of initiating one of the processes set out in this Policy, which could result in a disciplinary action being taken against the Member of the RCC Campus Community alleged to have committed Sexual Violence. The Centre also manages the initial process for Sexual Violence Reporting. Individuals at the Centre and at The Safety Office will be designated to receive Reports under this Policy.
• A Member of the RCC Campus Community who witnesses an Incident of Sexual Violence affecting another Member of the RCC Campus Community should contact the Centre or The Safety Office immediately.
• The College recognizes that an individual who has experienced an Incident of Sexual Violence may require time and reflection before making the decision as to whether or not they wish to make a Disclosure or a Report of the incident. Notwithstanding those considerations, individuals who have experienced an Incident of Sexual Violence are encouraged to make a Disclosure and/or Report as soon as they are able to do so, recognizing that the passage of time may affect the College’s ability to address the issues raised by a Disclosure or a Report.

VII. PROCEDURES FOR DISCLOSURE

• A Disclosure does not result in a Report being made and does not initiate a process to address the Incident of Sexual Violence. The decision to Disclose and the decision to Report are separate decisions, within the right of the affected student or member to decide.
• A Disclosure can be made to any Member of the RCC Campus Community. A Disclosure may relate to a Respondent who is or is not a Member of the RCC Campus Community.
• The Centre is the first point of contact for a Member of the RCC Campus Community affected by an Incident of Sexual Violence to obtain academic, employment, or other accommodations and services. A Member of the RCC Campus Community who receives a Disclosure should inform the Complainant about this Policy and direct them to the Centre.
• The College recognizes that such Disclosures are often shared in confidence, that the Complainant may have an expectation of confidentiality, and that in many cases confidentiality is essential in order for Complainants to come forward. The person to whom the Disclosure is made may consult with the Centre for advice but except as directed by the Complainant or as indicated by the provisions in the “Confidentiality and Privacy” section of this Policy, is expected to hold such information in confidence.
• Members of the RCC Campus Community outside of the Centre who receive a Disclosure of an Incident of Sexual Violence and who receive the Complainant’s permission to do so can provide to the Centre the name and contact information of the person who made the Disclosure and the date of the Disclosure to them for follow-up support and services.
• The College respects a Complainant’s right to choose whether and how to pursue action related to an Incident of Sexual Violence, subject to the provisions set out in the “Confidentiality and Privacy” section of this Policy. In particular, when the College is made aware of an Incident of Sexual Violence that poses a risk to the health and safety of Members of the RCC Campus Community, the College will take steps to maintain their health and safety.
• The College will make support and services, including counselling, access or referrals to medical services, and academic and other accommodations, available to Members of the RCC Campus Community who Disclose having been affected by an Incident of Sexual Violence. Support services will also be made available to Members of the RCC Campus Community who are Respondents. Persons affected by an Incident of Sexual Violence should contact the Centre to obtain such support and services.
• The Centre will make support staff available by phone, email, or through The Safety Office on a 24/7 basis. These staff members can provide guidance and support to a Complainant through the process of Disclosure and/or Reporting.
• The Centre can, on a confidential basis, consult or seek the assistance of other internal personnel or resources of the College to facilitate the safety, follow-up, and support of those involved in a Disclosure of Sexual Violence.

VIII. PROCEDURES FOR REPORTING

 A. REPORTING PROCESS

• The Centre is responsible for receiving Reports of Incidents of Sexual Violence involving a Member of the RCC Campus Community in a non-emergency situation.
• In an emergency, The Safety Office or 911 should be the first point of contact. In case of emergency, Sexual Violence can be reported to The Safety Office, which is in turn required to inform the Centre as well as municipal police services. A Report can also be made at a later date following the incident.
• Reporting can be initiated in person, by phone, or online. A Complainant can also request that the Centre staff file a Report on their behalf. The Office of Safety will maintain a confidential database of Reports received.
• The College has the jurisdiction to investigate Reports of Sexual Violence made against a Member of the RCC Campus Community under this Policy.
• The College does not have the jurisdiction to address allegations made against a person who is not a Member of the RCC Campus Community. However, in the event of such allegations, the College will provide support to Complainants who are Members of the RCC Campus Community and may be able to take measures such as restricting access to campus by the person against whom allegations are made.
• A Complainant is not precluded from reporting an Incident of Sexual Violence to municipal police services if they have reported the incident to the College. A Complainant is not precluded from Reporting an Incident of Sexual Violence to the College if they have reported the incident to municipal police services. A Complainant may choose to Report to one or the other, to neither or to both.
• Once a Complainant has made a Report of an Incident of Sexual Violence to the Centre, the Complainant has initiated the College’s Reporting process. The intention of this Policy is for the Reporting process and each of its steps to be completed as expeditiously as practicable.
• Both the Complainant and the Respondent have the right to be accompanied by a support person, association, or legal representative at any point during the Reporting process and any subsequent processes under this Policy. The support person, association, or legal representative, whether or not Members of the RCC Campus Community, are expected to adhere to the provisions outlined in the “Confidentiality and Privacy” section of this Policy.
• Confidentiality requirements may change once the Complainant or the College decides to Report under this Policy. In addition to the provisions outlined in the “Confidentiality and Privacy” section of this Policy, all Members of the RCC Campus Community who are involved in receiving a Report of an Incident of Sexual Violence or who are involved in addressing or investigating it should treat the matter as discreetly and confidentially as practicable, within the context of their roles in implementing this Policy. Information will only be shared to the extent necessary to carry out responsibilities under this Policy or as required to provide a fair process during the investigation and decision-making process.
• The College will take reasonable steps to protect Complainants and others who participate in a College process that is addressing allegations of Sexual Violence from retaliation, including: advising individuals in writing of their duty to refrain from committing an act of reprisal, and sanctioning individuals for a breach of that duty. The College may also address the potential for reprisals by providing an accommodation appropriate in the circumstances. Threats of or acts of retaliation will be treated as Incidents of Sexual Violence.

B. COLLEGE RESPONSE

• When the Centre receives a Report of an Incident of Sexual Violence, it will take steps to engage as soon as practicable in an intake discussion with the Complainant.
• At the intake discussion, the Centre will provide assistance to the Complainant and will discuss with the Complainant the potential available options. The Centre will outline information about available support and services, including information about interim conditions and interim measures that may be available to address the immediate situation.
• The Centre can, on a confidential basis, consult or seek the assistance of other internal personnel or resources of the College for direction, and can consult or seek the assistance of external parties relevant to the particular incident being reported.
• Some of the options that may be made available to the Complainant at the first point of contact following a Report include, but are not limited to:

            1.Referral to contacts for suitable support, services or resources available within and outside the College and in the municipality. Information about external community services is available at “Malton Community Centre”

Referral to contacts for suitable support, services, or resources available within and outside the College and in the municipality. Information about external community services is available at “Malton Community Centre”; “Elmbank Community Centre”; “Thistletown Community Centre”; (Rexdale Women Centre)

• Where appropriate, communication with the person said to have engaged in Sexual Violence to inform them that the conduct is unwelcome and to note the no-retaliation provisions of this Policy
• Availability of academic accommodation and interim conditions and interim measures, including those provided for under and in accordance with other College policies such as the Code of Student Conduct, and human resources policies and guidelines:

              1.Examples of such measures for students include: separation of the parties, exam or assignment deferral, class and/or schedule changes.

              2.Examples of such measures for employees include: making changes that are not disciplinary but precautionary to avoid contact between parties.

•          Information about the investigation and decision-making processes that may occur, depending on the role of the Respondent within the RCC Campus Community.
• The Office of Safety will be responsible for coordinating the implementation of accommodations, interim conditions and interim measures as expeditiously as practicable, including referrals as appropriate for the purposes of addressing any non-compliance.

C. ASSESSMENT AND APPOINTMENT OF AN INVESTIGATOR

  a) ASSESSMENT

• While the Centre receives Disclosures and initiates Reports, the assessment and investigation processes will be coordinated through the Office of Safety.
• Upon receipt or completion of a written Report, the Centre will send the Report to the Office of Safety, which will assess the Report to determine whether the matter falls within the scope of this Policy. If it is determined that the matter falls within the scope of this Policy, the Office of Safety will decide whether to commence an investigation.
• The Complainant can choose not to request an investigation by the College and has the right not to participate in any investigation that may occur. Where a choice not to participate in an investigation is made, the Complainant will be advised that this may affect the nature of the investigation and the ability to draw conclusions from any investigation report. For further clarity about what will occur in this situation, see the section of this Policy entitled “College’s Obligation when a Complainant Requests No Investigation or Chooses Not to Participate.”
• If the Office of Safety makes the determination that the Report does not appear to fall within the scope of this Policy, or decides not to commence an investigation, the Office of Safety will notify the Complainant of this determination. The Office of Safety will also determine whether or not to disclose the fact that allegations were made and any other information to the Respondent.
• If there is a determination that a Report will not be investigated, the Complainant may seek a review of that decision by making a request in writing within 14 days of the decision to the President or designate, who will review the matter and advise the Complainant of their decision in writing.

b) APPOINTMENT OF AN INVESTIGATOR

• Regarding investigations, a victim may choose not to request an investigation by the College, and has the right not to participate in any investigation that may occur.
• Once a determination has been made to commence an investigation, a competent person with the appropriate skills, training and/or experience will be appointed to conduct the investigation. The investigator will either be someone who is a Member of the RCC Campus Community or a person who is external to the College, as appropriate to the circumstances.
• The Office of Safety will send written notice to the Respondent that an investigation of a Report of Sexual Violence under this Policy is being initiated and provide the name of the investigator. This notice will include the particulars of the incident Reported and indicate that the Respondent will have opportunities to respond to the allegations. The notice will indicate that the Respondent has the right to seek legal advice and to bring a support person, including association representative, or legal counsel, to any meetings during the investigation.

D. INVESTIGATION

• All investigations will be conducted in a procedurally fair way. Any 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 investigation process.
• The investigation must be completed in a timely manner, taking into consideration the circumstances of the particular matter including its complexity and the requirements of fairness and due process.
• The investigator will provide the Respondent with a reasonable opportunity to respond in writing or orally to the allegations. If the response is oral, the investigator should normally confirm the content of the response with the Respondent in writing. If the Respondent does not respond within a reasonable timeframe set by the investigator, or chooses not to participate in the investigation, the investigator may proceed in the absence of their response.
• The investigator will provide the written particulars of the response from the Respondent, if received, to the Complainant. The Complainant may submit a reply to the response within a reasonable timeframe set by the investigator. If no written reply is received within the time requested, the investigator can proceed in the absence of a reply. The investigator will provide the written particulars of the reply from the Complainant, if received, to the Respondent.
• The Complainant and Respondent may choose to submit any additional information to the investigator, including the names of any potential witnesses.
• The investigator may choose to conduct interviews with either or all parties at any time during the investigative process at the investigator’s discretion or at the request of a party. The investigator may also choose to seek witness information.
• The investigator will act in a timely, fair, impartial, and professional manner. The investigator will treat the information gathered during the investigation in a confidential manner in accordance with the requirements of this Policy.
• The investigator will remind individuals contacted of the provisions outlined in the “Confidentiality and Privacy” section of this Policy and keep confidential the personal information of the people contacted.
• Following the completion of the investigation, the investigator will provide to the Office of Safety a written confidential report containing a summary of the information gathered during the investigation and the findings of fact made based on the balance of probabilities.
• The Office of Safety will inform the Complainant and the Respondent (and/or their designated representatives) in writing of the results of the investigation, with a reminder as to the provisions outlined in the “Confidentiality and Privacy” section of this Policy.

E. DECISION-MAKING AND APPEAL PROCESS

• In the case of a student Respondent, the investigation report will be reviewed by the President, Students or delegate to determine whether or not the matter will be referred for a hearing under the Code of Student Conduct in order to determine whether or not Sexual Violence occurred and, if so, the appropriate penalty or remedies. Appeals against the decision of the Hearing Officer may be made to the office of Discipline Appeals Board of the Governing Council.
• In the case of a staff member Respondent, the investigation report will be reviewed by the President, or designate, who will determine whether workplace violence and/or Sexual Violence occurred and, if so, the appropriate sanctions or discipline and corrective action, having regard to appropriate factors such as the nature of the offence and any mitigating or aggravating circumstances. The Respondent will be notified in writing of the decision and any discipline or sanction imposed.
• In the case of a faculty member or Respondent covered by the Memorandum of Agreement with the Rivers Career College Faculty Association, the President or designate, in consultation with the Board of Directors, will review the investigation report and determine whether workplace and/or Sexual Violence occurred and impose the appropriate discipline, sanction or corrective action, having regard to appropriate factors such as the nature of the offence and any mitigating or aggravating circumstances. The Respondent will be notified in writing of the decision and any discipline or sanction imposed and will have access to the grievance process in Article 7 of the Memorandum of Agreement in order to appeal. If the appropriate sanction is determined to be termination, the President and board will recommend that termination proceedings be instituted in accordance with the applicable policies and procedures of the College.
• In the case of a Member of the RCC Campus Community who holds more than one role – for example, a student who is also an employee – or in the case of multiple Respondents who hold different roles, or in the case of a Respondent who is a Member of the RCC Campus Community who is not covered in paragraphs 73-75, the College will decide which process (will apply in the circumstances of the particular case).
• A determination that a Member of the RCC Campus Community has committed an act of Sexual Violence may result in a number of possible outcomes, including the imposition of education and training, corrective action such as relocation or change of duties or supervision, reprimand, suspension, termination or expulsion, commensurate with the nature of the incident complained of and taking into account all other relevant considerations and in accordance with the applicable College policies and procedures, employment contract, or Memorandum of Agreement.
• If any existing policy’s adjudicative process includes “informal resolution” or “mediation”, or in any other situation where it has been specifically agreed to by both the Complainant and the Respondent, an opportunity to endeavor to reach a Non-adjudicative Resolution is available subject to two conditions:

              1.Both parties must consent to such Non-adjudicative Resolution, and

               2.Such Non-adjudicative Resolution must not require any face-to-face meeting between the Complainant and the Respondent.

• If the Respondent’s relationship to the College ends and that person is no longer a Member of the RCC Campus Community, the College may choose to suspend the processes under this Policy. If the Respondent becomes a Member of the RCC Campus Community again, the College can reinstate the process with notice to the Complainant and Respondent. A leave of absence or any other temporary break from the College does not constitute the end of a relationship with the College for the purposes of this Policy.

F. COLLEGE’S OBLIGATION WHEN A COMPLAINANT REQUESTS NO INVESTIGATION OR CHOOSES NOT TO PARTICIPATE

• As previously mentioned, the Complainant can choose not to request an investigation by the College and has the right not to participate in any investigation that may occur.
• If a Complainant requests that the College not investigate or act on their Disclosure or Report of an Incident of Sexual Violence, the College will consider that person’s request but may decide to proceed, having regard to the health and safety of Members of the RCC Campus Community and its obligations and responsibilities. In such cases, the Complainant has a right to choose not to participate in such an investigation.
• The Complainant is entitled to receive other support outlined in this Policy regardless of whether they decide to request an investigation or choose not to participate in one.
• If requested by the Complainant and subject to any applicable legal obligations and access to information and privacy legislation, the Complainant will be informed of the outcome of such an investigation.

G. COLLEGE’S OBLIGATION WHEN SOMEONE OTHER THAN THE COMPLAINANT MAKES A REPORT OR A REPORT IS MADE ANONYMOUSLY

• An allegation of Sexual Violence made by someone other than the Complainant can also be reported to the College. However, the College’s ability to address the allegation will depend on a number of factors regarding the information available and the Complainant’s decision respecting whether or not to participate in a College process.
• It may transpire that an allegation of Sexual Violence is reported to the College anonymously. The College’s ability to address the allegation will be dependent on a number of factors, including the information available to substantiate the allegation and to permit a fair process.
• In such circumstances, the College will make a determination under the section of this Policy entitled “Assessment and Appointment of an Investigator.”

IX. POLICY REVIEW

• The College recognizes that appropriately addressing Sexual Violence on campus is an evolving issue, hence, the College will revisit this Policy and its associated resources and other related and existing RCC policies on a regular basis.
• The College will conduct a review of this Policy every three years that will include consultation with Members of the RCC Campus Community including students, staff and faculty, and will amend the Policy as needed.