1. Purpose
1.1 Acts of sexual violence are a fundamental problem throughout society and within institutions.. Sexual violence significantly impacts not only survivors, but on their friends and family members. Those who work closely with survivors such as supporters, advocates and educators are equally impacted by this violence. The time is now that sexual violence needs our attention and intervention. It is the most underreported criminal activity, and it is known that the number of disclosed or reported incidents on post-secondary campuses do not reflect the true number of assaults faced. Many incidents of sexual violence at their core involve an abuse of power.

1.2 Transformational Arts College (herein referred to as the “College”) is committed to combating sexual violence in all forms in our community. This policy affirms the “College’s” ongoing commitment to foster a culture where attitudes and behaviors that perpetuate sexual violence are rejected, survivors are supported, and those who commit incidents of sexual violence are held accountable.

1.3 This policy outlines the supports and services available to those affected by sexual violence, the processes in place to address reports of sexual violence, the rights, and obligations of the “College” regarding sexual violence and affirms the “College’s” commitment to procedural fairness, and to fostering and promoting a culture of consent.

2. Scope and Application
2.1 This policy applies to the Transformational Arts community members, including but not limited to students, staff, administrators, faculty, shareholders, members of the Board , adjunct and visiting faculty, teaching assistant, volunteers, contractors, and invited guests.

2.3 The complaint process is available to all “College” community members whether the sexual violence occurred on campus, off campus or using social media.

2.4 It is a violation of this policy for an “College” community member to commit an act of sexual violence against another “College” community member.

2.5 Other “College “policies and procedures relevant to the subject of sexual violence include:

• Student Handbook – Workplace Violence Policy Document Appendix 4 
• Student Handbook – Workplace Violence Policy Document
• Student Handbook – Workplace Violence Policy Document
• Student Handbook – Workplace Violence Policy Document

2.6 In the event of any conflict between this policy and other “College “policies or procedures, this policy will prevail.

2.7 This policy is not intended to supersede or interfere with prevailing laws and does not preclude those experiencing sexual violence from seeking recourse through criminal or civil proceedings.

3. Definitions
Transformational Arts Community Member:
A student, staff, administrator, faculty, member of the Board or Advisory Council, shareholders, and adjunct or visiting faculty member, teaching assistant, volunteer, contractor or invited guest.

Complaint:
A formal report of sexual violence being filed with Transformational Arts College.

Complainant:
An individual directly impacted by sexual violence or a Transformational Arts College representative who has filed a report under this policy.

Consent:
a. Consent means active, ongoing, informed, and voluntary agreement to engage in sexual activity; it cannot be implied or assumed.

b. Consent cannot be given by someone who is incapacitated, unconscious, intoxicated, or otherwise incapable of consenting; Consent can be withdrawn at any time.

c. Consent cannot be obtained through threats, coercion, or other forms of control and intimidation, which includes coercion through abuse of a position of trust, power, or authority.

d. It is the responsibility of the person who wishes to initiate sexual activity to obtain consent from the other person(s) involved.

e. The definition of consent does not vary based on a person’s sex, sexual orientation, gender identity or gender expression.

Disclosure:
When an individual who has experienced sexual violence confides in someone about their experience. Disclosure is presumed for obtaining support and services and/or to learn about options to make a formal report but is different from reporting.

Imminent Risk:
An assessment that an act of harm to an individual or individuals is about to occur or that there is a compelling likelihood that an act of harm will occur.

Procedural Fairness:
Provides parties with a fair process in resolving disputes. The concept requires transparency, equal communication, and fairness.

Progressive Discipline:
Decision makers have a range of sanctions to determine how to appropriately address an incident. They will consider a respondent’s disciplinary history, the severity of the incident and the impact of the incident when determining sanctions.

Rape Culture:

A culture which normalizes, trivializes, and excuses sexual violence or blames survivors for having experienced sexual violence; it can be expressed through dominant societal ideas, prevalent attitudes, social practices, media content, or through institutions which condone sexual violence either implicitly or explicitly.

Report:
When an individual who has experienced sexual violence informs “College” about their experience through a formal process that involves an expectation that formal action will be taken against the respondent. A report includes details of the sexual violence (e.g. names, date, details of what occurred). Reports can be made internally at the “College” or externally to bodies such as police services, the Criminal Injuries Compensation Board, the Human Rights Commission, or through civil actions. The “College” is only responsible for internal reporting pursuant to this policy.

Respondent or Person Accused:
A person who has been accused of committing sexual violence. They are referred to as a respondent when a report or complaint is made against them under this policy.

Sexual Assault:
Any sexual contact made by a person towards another where consent is not first obtained. It is characterized by a broad range of sexual acts, carried out in circumstances in which the person has not freely consented to or is incapable of consenting to sexual activity. Under the Criminal Code of Canada, it has been interpreted as an actual or threatened advance, gesture, touch, or any other sexual act to which an individual has not consented. It includes a person being forced to perform sexual acts against their will. It is determined by a lack of consent, and not by the act itself.

Sexual Harassment:
a. Unwanted sexual attention of a persistent or abusive nature, made by a person who knows or ought reasonably to know that such attention is unwanted;

b. The making of an implied or express promise of reward for complying with a sexually oriented request;

c. The making of an implied or express threat of reprisal, in the form of actual reprisal or the denial of opportunity, for refusal to comply with a sexually oriented request; and/or

d. Sexually oriented remarks and behaviour which may reasonably be perceived to create a negative psychological and emotional environment for work and study.

Sexual Violence:
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.

Ombudsperson:

Transformational Arts College’s Ombudsperson is Linda Kuschnir or Gord Riddell, with primary responsibility to assist persons affected by sexual violence, including complaints relating to Discrimination & Harassment. The Ombudsperson coordinates support and resources for those who have experienced sexual violence, receives disclosures and complaints, facilitates safety planning, and assists survivors through the complaint process. Both Linda Kuschnir and/ or Gord Riddell are available as required.

Support person:
Legal counsel, friend, relative or other person who accompanies an individual reporting sexual violence during the investigation and/or adjudication process.

Survivor:
Someone who has experienced sexual violence. (Although the term survivor is used throughout the Policy, the individual who has experienced sexual violence has the right to determine how they choose to identify and recognize their own experience.)

Workplace Sexual Harassment:
a. engaging in a course of vexatious comment or conduct against a worker in a workplace 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, and/or

b. making a sexual solicitation or advance where the person making the solicitation or advance is in a position to confer, grant or deny a benefit or advancement to the worker and the person knows or ought reasonably to know that the solicitation or advance is unwelcome.

4. Commitment and Statement of Principles
4.1 The “College” recognizes that post-secondary institutions of education can play a significant role in preventing sexual violence, supporting survivors, and holding perpetrators accountable. The “College” is committed to providing and maintaining an environment in which sexual violence is recognized to be unacceptable and is not tolerated.

4.2 The “College” recognizes that anyone can experience sexual violence. Individuals may encounter increased vulnerabilities based on intersectional aspects of their identity or perceived identity including such factors as race, Indigeneity, economic status, gender identity, gender expression, sexual orientation, language, age, ancestry, ethnicity, ability, faith and/or immigration status. Survivors can also experience many barriers to disclosing, reporting, and/or seeking support; barriers can differ based on the lived experience of the survivor. Some acts of sexual violence are motivated by sexism, racism, colonialism, ableism, homophobia, and transphobia, as part of a wider societal context around dominance that includes patriarchy, whiteness, and colonization as contributors to acts of sexual violence. The Ombudsperson will work with survivors to determine the appropriate supports and accommodations required based on the individual survivor’s experiences and expressed needs.

4.3 The “College” will provide supports to individuals affected by sexual violence regardless of where or when such incidents occur and will, to the extent possible, ensure survivors can self- determine the supports and services they wish to access and whether they wish to contact police.

4.4 The “College” will appropriately accommodate the needs of individuals affected by sexual violence, relating to work, study, or extra- curricular activities.

4.5 The “College” recognizes that confidentiality is key to create an environment and culture where survivors feel safe to disclose and seek support and accommodation.

4.6 Reports of sexual violence will be dealt with through the “College” Ethical Conduct and Dispute Resolution Process, and any “College” community member who is found to have committed sexual violence shall be held accountable and subject to sanctions and discipline up to and including expulsion and/or termination of employment where appropriate.

4.7 All “College” officials in any way associated with the implementation of this policy are required to ensure timeliness of response to reduce the time required to access supports, services, and accommodations, as well as to ensure the timely resolution of complaints.

4.8 The “College” is committed to ensuring that its processes for addressing sexual violence are designed to promote fair, just and timely resolution for those filing complaints and for those against whom complaints are made. Both parties will be provided with information explaining the process.

4.9 The “College” recognizes the traumatic effects of sexual violence and is committed to providing appropriate support and information about options available to survivors. By appointing an Ombudsperson, survivors will:

• Be treated with compassion, dignity, and respect;
• Be provided with non-judgmental and empathic support;
• Have confidentiality maintained and any limits to confidentiality explained;
• Be informed of the procedures in place to address sexual violence;
• Be provided with timely safety planning assistance;
• Be informed about supports and services available to them based their social identities including race, Indigeneity, economic status, gender identity, gender expression, sexual orientation, language, age, ancestry, ethnicity, ability, faith and/or immigration status; 
• Be provided with necessary academic, workplace, extracurricular and other accommodations as appropriate;
• Determine what and how much they choose to disclose and to whom;
• Have reasonable and necessary actions taken to prevent further unwanted contact with the respondent;
• Have options for reporting and/or filing a complaint outlined clearly; and
• Wherever possible, retain control over the matter and any decisions pertaining to their experience including reporting to police.

5. Confidentiality

5.1 The “College” recognizes the importance of protecting confidentiality to provide an environment in which survivors can disclose sexual violence and obtain support and to ensure reports of sexual violence can be addressed in a fair manner

5.2 The “College” will make every reasonable effort to maintain confidentiality when it becomes aware of an incident of sexual violence. It will limit disclosure of information to those within the “College” who need to know for the purposes of providing support and addressing incidents.

5.3 Disclosures and reports of sexual violence made to the “College” are considered confidential and are treated in accordance with the Freedom of Information and Protection of Privacy Act.

Information regarding disclosures and reports will only be shared with those individuals who have a critical need to know to carry out functions appropriate to an individual’s or unit’s responsibility to properly address an incidence of sexual violence or as required by law. To the extent possible, the identity of the survivor and the responding person will be anonymized.

5.4 The “College” may be unable to guarantee complete confidentiality if:

a. an individual is assessed to be at imminent risk of harm to self;
b. an individual is assessed to be at imminent risk of harming an identified person;
c. there is reason to believe that members of the “College” community or the broader community may be at imminent risk of harm; and/or
d. The “College” is obligated to investigate, or some other reporting/action is required by law (e.g. incidents involving a minor, or requirements under occupational health and safety or human rights legislation).

5.5 In cases where complete confidentiality cannot be maintained, the community member disclosing will be advised at the first available opportunity. Further, efforts will be made to limit the amount of information that is shared and the number of individuals with whom it is shared.

5.6 The “College” will treat complaints and their investigation as confidential and will not release any information unless required to do so by law or as indicated in this policy. Provision of information to witnesses during investigations will be limited to what is reasonably necessary to conduct a fair and thorough investigation. Participants in an investigation including witnesses and support persons will be advised of the need to maintain confidentiality to protect the integrity of the investigation and will be advised to refrain from discussing the matter during the investigation and adjudication process. The obligation to keep information confidential does not prevent a person from pursuing counselling and/or other support services, including personal support networks for either the complainant or respondent.

5.7 The “College”, through the Ombudsperson, will collect data with respect to incidents of sexual violence for compliance with statutory reporting requirements, research or similar purposes. The Ombudsperson will set up a process with direction from the Managing Director and the President.

5.8 The Ombudsperson would provide information to respondents on the complaint process, but not with respect to the details of the complainant.

6. Ombudsperson – Role & Responsibilities

6.1 The Ombudsperson facilitates support, services and accommodations based on the circumstances of the incident and the needs and wishes of the person disclosing and/or reporting. The Ombudsperson is available to:

a. Facilitate referrals to trauma-informed counselling services and community agencies;
b. Coordinate referral to medical services;
c. Coordinate academic/workplace accommodations;
d. Assist with the coordination of safety planning;
e. Provide information about reporting options;
f. Assist with decision-making and navigating the Student Complaint Process and Procedures Policies for Addressing Student Complaints
g. Provide effective and ongoing support for survivors with respect to support, services, accommodations, and complaint procedures. Wherever needed, the Ombudsperson advocates on behalf of survivors to ensure the needs of survivors are met.
h. Provide confidential assistance in a case where an individual has made a disclosure of sexual violence but does not wish to file a report. It is always the choice of the survivor whether to participate in any investigation or complaint process.

7. Emergency Reporting

7.1 If someone is at immediate risk of harm, the “College” community members are encouraged to call emergency services at 911 immediately.

7.2 The “College” may issue a Security Bulletin in accordance with the respective protocol to inform community members of an ongoing risk related to an incidence of sexual violence.

8. Complaint Process

8.1 Any “College” community member who experienced sexual violence may commence the reporting process by contacting the Ombudsperson.

8.2 A complaint is initiated on the date on which it is received by the “College” in writing and signed by the complainant. The complaint will include the following:
a. name of the Complainant
b. name of the Respondent (if known); and
c. a description of the particulars including but not limited to date(s), time and location where the incident(s) occurred.

8.3 The Complainant will be provided with a copy of the complaint.

8.4 All complaints will be addressed through the Student Complaint Process and Procedures Policies for Addressing Student Complaints

8.5 Student complaints will be addressed/forwarded to the Managing Director. Faculty complaints will be addressed/forwarded to the President. Employee complaints will be addressed/forwarded to the complainant’s direct supervisor. If the complaint or grievance involves a program Dean, Director, or Supervisor mentioned above, the complainant will be directed to the President. The President may designate an appropriate party to hear the complaint or grievance.

8.6 The “College” has the jurisdiction to investigate reports made against a “College” community member and will do so as expeditiously as possible.

8.7 Throughout the complaint process, complainants, and respondents have the right to be accompanied by a support person of their choosing and, who must also adhere to the confidentiality requirements of the process.

8.8 Complainants and respondents will be provided with appropriate procedural fairness throughout the process.

8.9 The filing of a complaint under this Policy is independent of any criminal investigation or proceeding (i.e. a person may report an incident to both the “College” and the police). The “College’s” investigation and decision-making may be suspended pending in the outcome of the criminal proceeding. However, the “College” may take interim measures as it considers necessary to protect the complainant and/or the “College” community pending the outcome.

Ethical Conduct, Sexual Violence and Dispute Resolution Policy Review
Implementation and results of all related policies will be reviewed and amended, if deemed necessary by the Directors, the “College.” The review and amendment process will occur not longer than once every five years

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