Sexual Misconduct Policy
Commitment to Prevention and Response
Somi Canadian College is committed to the prevention of and appropriate response to sexual misconduct.Definition of Sexual Misconduct
Sexual misconduct refers to a spectrum of non-consensual sexual contact and behavior, including the following:- Sexual assault
- Sexual exploitation
- Sexual harassment
- Stalking
- Indecent exposure
- Voyeurism
- The distribution of a sexually explicit photograph or video of a person to one or more persons other than the person in the photograph or video without the consent of the person in the photograph or video and with the intent to distress the person in the photograph or video.
- The attempt to commit an act of sexual misconduct
- The threat to commit an act of sexual misconduct
Complaint vs. Report
A Complaint of sexual misconduct is different from a Report of sexual misconduct.- Complaint: When the victim/survivor discloses or chooses to tell someone at the institution of an incident of sexual misconduct in order to seek support but may not want to make a formal report to police or the institution.
- Report: A formal notification of an incident of sexual misconduct to someone at the institution accompanied by a request for action. A Report does not have to be made by the victim/survivor.
Resolution Options for Complaints
A student making a Complaint will be provided with resolution options and, if appropriate, accommodation, and will not be required or pressured to make a Report.Process for Making a Complaint
The process for making a Complaint about sexual misconduct involving a student is as follows:- The student must bring the misconduct to the attention of the instructor or management immediately.
- The student must document the misconduct in writing, including a clear time and place, for the determination of the action to be taken.
Process for Responding to a Complaint
The process for responding to a Complaint of sexual misconduct involving a student is as follows:- The instructor will conduct a thorough investigation and take appropriate action towards the aggressor.
- The matter must be reported to the authorities, such as the police, as soon as possible.
- If the instructor escalates the matter to senior management, a decision must be taken within a week.
Process for Making a Report
The process for making a Report of sexual misconduct involving a student is as follows:- The Report of the misconduct must be documented, including the name, title, and contact information of the individual who receives the Report and an alternate contact in circumstances where the primary individual is absent and/or named in the Report.
- The Report of the misconduct must be documented, including the name, title, and contact information of the individual who receives the Report and an alternate contact in circumstances where the primary individual is absent and/or named in the Report.
Process for Responding to a Report
The process for responding to a Report of sexual misconduct involving a student is as follows:- The institution will review the Report within a reasonable timeframe and confirm next steps in writing within 7 business days after the conclusion of the investigation.
- The institution will review the Report within a reasonable timeframe and confirm next steps in writing within 7 business days after the conclusion of the investigation.
Institution’s Responsibilities
In all instances, the institution will:- Ensure the safety of the victim/survivor.
- As appropriate, provide emergency numbers for on and off-campus security (if applicable), law enforcement, medical assistance, mental health services, and other services.
- Respect the right of the individual to choose the services they consider most appropriate.
Retaliation Prohibition
It is contrary to this policy for an institution to retaliate, engage in reprisals, or threaten to retaliate in relation to a Complaint or a Report.Principles of Administrative Fairness
Any processes undertaken pursuant to this policy will be based on the principles of administrative fairness. All parties involved will be treated with dignity and respect.Confidentiality
All information related to a Complaint or Report is confidential and will not be shared without the written consent of the parties, subject to the following exceptions:- If an individual is at imminent risk of severe or life-threatening self-harm.
- If an individual is at imminent risk of harming another.
- There are reasonable grounds to believe that others in the institutional community may be at significant risk of harm based on the information provided.
- Where reporting is required by law.
- Where it is necessary to ensure procedural fairness in an investigation or other response to a Complaint or Report