“College” refers to Montessori Teachers College.
“Student” means a person / adult learner currently enrolled in studies at Montessori Teachers College.
“Sexual Violence” means any sexual act of 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 exploitation, sexual harassment, stalking, indecent exposure, voyeurism, the attempt to commit an act of sexual misconduct, the threat to commit an act of sexual misconduct, 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.
“Sexual Assault” means any form of sexual contact without a person’s consent, including the threat of sexual contact without consent. A Sexual Assault can range from unwanted sexual touching to forced sexual intercourse; and a Sexual Assault can involve situations where sexual activity is obtained by someone abusing a position of trust, power or authority.
“Sexual Harassment” includes but is not limited to engaging in a course of vexatious comments or conduct that is known or ought to be known to be unwelcome. This includes workplace sexual harassment. Sexual Harassment includes any sexual solicitation or advance made by a person in a position to confer, grant or deny a benefit or advancement to the person where the person making the solicitation or advance knows or ought reasonably to know that it is unwelcome. Sexual harassment also includes a reprisal or a threat of reprisal for the rejection of a sexual solicitation or advance, where the reprisal is made or threatened by a person in a position to confer, grant or deny a benefit or advancement to the person. This includes Cyber Sexual Harassment, which includes but is not limited to Sexual Harassment conducted in whole or in part through electronic means, such as email, web postings, text messaging, and other forms of electronic communications..
As referenced in the Ontario Career Colleges Act, 2005, S.O. 2005, c. 28, Sched. L, Section 32.0.1:
“‘Sexual Misconduct’ means, in relation to a student enrolled at a career college,
(a) physical sexual relations with the student, touching of a sexual nature of the student or behaviour or remarks of a sexual nature toward the student by an employee of the career college where,
(i) the act constitutes an offense under the Criminal Code (Canada),
(ii) the act infringes the right of the student under clause 7 (3) (a) of the Human Rights Code to be free from a sexual solicitation or advance, or
(iii) the act constitutes sexual misconduct as defined by “Seuxal Violence”, “Sexual Assault” and/or “Sexual Harassment” noted in the policy above or contravenes the policy or any other policy, rule or other requirement of the College respecting sexual relations between employees and students, or
(b) any conduct by an employee of the career college that infringes the right of the student under clause 7 (3) (b) of the Human Rights Code to be free from a reprisal or threat of reprisal for the rejection of a sexual solicitation or advance. (“inconduite sexuelle”) 2022, c. 22, Sched. 2, s. 1.”
The Policy applies to all career college adult learners and employees of Montessori Teachers College.
The Policy applies to complaints of sexual violence that occur on Montessori Teachers College campus or at one of our events and involve our adult learners and/or employees.
All of Montessori Teachers College adult learners and employees have a right to study and work in an environment free of sexual violence, including Sexual Assault and Sexual Harassment, and treating those individuals who report incidents of sexual violence with dignity and respect.
To that end Montessori Teachers College will provide a copy of the policy to our adult learners and employees, and educate them together with our career college management, faculty and contractors about this Policy and how to identify situations that involve, or could progress into sexual violence against our adult learners and how to reduce it.
Where a complaint has been made, under this Policy, of sexual violence and sexual misconduct, Montessori Teachers College will take all reasonable steps to investigate it, including:
Reporting and Responding
Adult learners, faculty and employees of Montessori Teachers College will take all reasonable steps to prevent sexual violence and misconduct involving adult learners and employees on our career college campus or events by reporting immediately to the Montessori Teachers College Board of Directors if an adult learner or employee has been subject to, or has witnessed or has knowledge of sexual violence or misconduct involving adult learners or employees, or have reason to believe that sexual violence or misconduct has occurred or may occur which involves our adult learners or employees.
Subject to paragraph 7 below, to the extent it is possible, Montessori Teachers College Board of Directors will attempt to keep all information disclosed confidential except in those circumstances 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 our campus or the broader community are at risk.
Montessori Teachers College recognizes the right of the complainant to determine how her or his complaint will be dealt with. However, in certain circumstances, Montessori Teachers College 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 or its campus or the broader community is at risk.
A complainant seeking accommodation should contact the Montessori Teachers College Board of Directors.
Investigating Reports of Sexual Violence
A complaint of sexual violence may be filed under this Policy, by any adult learner or employee of our career college, to the Board of Directors, in writing.
Upon a complaint of alleged sexual violence or misconduct being made the Board of Directors will initiate an investigation, including as follows:
If an adult learner or employee, in good faith, reports an incident of, or makes a complaint about, sexual violence or misconduct, they will not be subject to discipline or sanctions for violations of the career college’s policies relation to drug or alcohol use at the time the alleged sexual violence occurred.
Adult learners and employees 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 the career college’s staff or investigators, including irrelevant questions relating to the student’s sexual expression or past sexual history.
If it is determined by Montessori Teachers College that an adult learner or employee of our career college has been involved in sexual violence, immediate disciplinary or corrective action will be taken up to and including termination of employment of instructors or staff or expulsion of an adult learner.
In cases where criminal proceedings are initiated, Montessori Teachers College will assist police agencies, lawyers, insurance companies, and courts to the fullest extent.
Where criminal and/or civil proceedings are commenced in respect of allegations of sexual violence or sexual harassment, Montessori Teachers College may conduct its own independent investigation and make its own determination in accordance with its own policies and procedures.
As referenced in the Ontario Career Colleges Act, 2005, c. 28, Sched. L, Section 32.0.1:
Employee Sexual Misconduct
If an employee of Montessori Teachers College commits an act of sexual misconduct, including sexual violence, sexual assault or sexual harrassment, toward an enrolled student of the College, Montessori Teachers College may discharge or discipline the employee for that act, and,
(a) the discharge or disciplinary measure is deemed to be for just cause for all purposes;
(b) the employee is not entitled to notice of termination or termination pay or any other compensation or restitution as a result of the discharge or disciplinary measure; and
(c) despite subsection 48 (17) of the Labour Relations Act, 1995, and despite any provision of a collective agreement or employment contract specifying a penalty for the infraction, no arbitrator, arbitration board or other adjudicator shall substitute any other penalty for the discharge or disciplinary measure imposed by the the College. 2022, c. 22, Sched. 2, s. 1.
Further, if an employee of Montessori Teachers College commits an act of sexual misconduct, including sexual violence, sexual assault or sexual harrassment, toward a student enrolled at the College and the College discharges the employee for that act or the employee resigns from their employment, Montessori Teachers College shall not subsequently re-employ the employee. 2022, c. 22, Sched. 2, s. 1.
Further, if the College determines that it has re-employed an individual who has already been discharged for an act of sexual misconduct, including sexual violence, sexual assault or sexual harrassment, or who had resigned from their employment for an act of sexual misconduct, including sexual violence, sexual assault or sexual harrassment, Montessori Teachers College shall discharge the employee, and clauses (a) to (c) above shall apply to the discharge. 2022, c. 22, Sched. 2, s. 1.
Making False Statements
It is a violation of this Policy for anyone to knowingly make a false complaint of sexual violence or to provide false information about a complaint. Individuals who violate this Policy are subject to disciplinary and/or corrective action, up to and including termination of employment of instructors or staff or expulsion of an adult learner.
It is a violation of this Policy to retaliate or threaten to retaliate against a complainant who has brought forward a complaint of sexual violence, provided information related to a complaint, or otherwise been involved in the complaint investigation process.
This policy will be reviewed 3 years after it is first implemented.
Collection of Adult Learner Data
Montessori Teachers College shall collect and be prepared to provide upon request by the Superintendent of Career Colleges such data and information as required according to Subsections 32.3(8),(9) and (10) of Schedule 5 of the Ontario Career Colleges Act, 2005, as amended.
SUPPORT AND SERVICES
Adult learners and employees are not required to report an incident of, or make a complaint about, sexual violence in order to obtain the supports and services.
Healthcare Options, Crisis Support & Counseling Ontario Network of Sexual Assault/Domestic Violence Treatment Centres https://www.sadvtreatmentcentres.ca/
Hospital: Markham Stouffville Hospital – 381 Church St, Markham, ON L3P 7P3 – (905) 472-7373 *call 911 for emergencies
After-Hours Walk-In Clinic: Markham Stouffville Urgent Care Centre – 110 Copper Creek Dr #100, Markham, ON L6B 0P9 – (905) 472-8911
Mental Health: Newmarket Therapy Centre – 436 Queen Street, Newmarket, Ontario L3Y 2H2 – (289) 500-8039
See below for a list of provincial services for victims/survivors.
Kids Help Phone 1-800-668-6868 www.kidshelpphone.ca
Assaulted Women’s Help Line 1-866-863-0511 / TTY 1-866-863-7868 www.awhl.org
Ontario Native Women’s Association (ONWA) www.onwa-tbay.ca
Ontario Coalition of Rape Crisis Centres http://www.sexualassaultsupport.ca
Victim Support Line (Ontario Victim Services) 1-888-579-2888
Male Survivors of Sexual Abuse Provicinial Crisis and Support Line (Ontario Victim Services) 1-866-887-0015
The following resources provide additional information and education on the topics of sexual violence, domestic violence, and child abuse.
DAWN – DisAbled Women’s Network http://www.dawncanada.net/
METRAC – Action on Violence http://www.metrac.org/
Ontario Women’s Justice Network http://owjn.org/owjn_2009/home
Toronto Police Services – Project Guide: A Guide for Sexual Assault Survivors http://yourchoice.to/