UA-218279855-1

Spark Health & Business Academy 

  Sexual Violence  & Harassment Policy

Sexual Violence Policy

(a) Spark Health and Business Academy is committed to providing its students with an educational environment free from sexual violence and treating its students who report incidents of sexual violence with dignity and respect.

(b) Spark Health and Business Academy has adopted this Sexual Violence Policy, which defines sexual violence and outlines its training, reporting, investigative and disciplinary responses to complaints of sexual violence made by its students that have occurred on its campus, or at one of its events and involve its students.

(c) The person accused of engaging in sexual violence will be referred to as the “Respondent” and the person making the allegation as the “Complainant”.

2. Definition of Sexual Violence

Sexual violence means 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.

3. Training, Reporting and Responding to Sexual Violence

(a) Spark Health and Business Academy shall include a copy of the Sexual Violence Policy in every contract made between it and its students, and provide a copy of the Sexual Violence Policy to career college management (corporate directors, controlling shareholders, owners, partners, other persons who manage or direct the career college’s affairs, and their agents), instructors, staff, other employees and contractors and train them about the policy and its processes of reporting, investigating and responding to complaints of sexual violence involving its students. *Any company participating in offering student internships on their premises must provide an undertaking in writing that it is in compliance with all applicable legislation, including the Ontario Human Rights Code and the Occupational Health and Safety Act and will provide students access to those policies should they encounter issues relating to sexual violence in the workplace.

(b) The Sexual Violence Policy shall be published on its website.

(c) Career college management, instructors, staff, other employees and contractors of Spark Health and Business Academy will report incidents of or complaints of sexual violence to the President upon becoming aware of them.

(d) Students who have been affected by sexual violence or who need information about support services should contact the President.

(e) Subject to Section 4 below, to the extent it is possible, Spark Health and Business Academy will attempt to keep all personal information of persons involved in the investigation confidential except in those circumstances where 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 its campus or the broader community are at risk.

This will be done by:

(i) ensuring that all complaints/reports and information gathered as a result of the complaint/reports will be only available to those who need to know for purposes of investigation, implementing safety measures and other circumstances that arise from any given case; and

(ii) ensuring that the documentation is kept in a separate file from that of the Complainant/student or the Respondent.

(f) Spark Health and Business Academy the right of the Complainant not required to report an incident of or make a complaint about sexual violence or not request an investigation and not to participate in any investigation that may occur in order to obtain supports and services or accommodation.

(g) Notwithstanding (f), in certain circumstances, Spark Health and Business Academy 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 of its campus or the broader community is at risk.

(h) In all cases, including (f) above, Spark Health and Business Academy will appropriately accommodate the needs of its students who are affected by sexual violence. Students seeking accommodation should contact the President.

In this regard, Spark Health and Business Academy will assist students who have experienced sexual violence in obtaining counselling and medical care, and provide them with information about sexual violence supports and services available in the community as set out in Appendix 1 attached hereto. Students are not required to file a formal complaint in order to access supports and services.

4. Investigating Reports of Sexual Violence

(a) Under this Sexual Violence Policy, any student of Spark Health and Business Academy may file a report of an incident or a complaint to the President in writing. The other officials, offices or departments that will be involved in the investigation are Director of Education

(b) Upon receipt of a report of an incident or a complaint of alleged sexual violence being made, the President will respond promptly and:

(i) determine whether an investigation should proceed and if the Complainant wishes to participate in an investigation;

(ii) determine who should conduct the investigation having regard to the seriousness of the allegation and the parties involved;

(iii) determine whether the incident should be referred immediately to the police;

In such cases or where civil proceedings are commenced in respect of allegations of sexual violence, Spark Health and Business Academy may conduct its own independent investigation and make its own determination in accordance with its own policies and procedures; and

(iv) determine what interim measures ought to be put in place pending the investigation process such as removal of the Respondent or seeking alternate methods of providing necessary course studies.

(c) Once an investigation is initiated, the following will occur:

(i) the Complainant and the Respondent will be advised that they may ask another person to be present throughout the investigation;

(ii) interviewing the Complainant to ensure a complete understanding of the allegation and gathering additional information that may not have been included in the written complaint such as the date and time of the incident, the persons involved, the names of any person who witnessed the incident and a complete description of what occurred;

(iii) informing and interviewing the Respondent of the complaint, providing details of the allegations and giving the Respondent an opportunity to respond to those allegations and to provide any witnesses the Respondent feels are essential to the investigation;

(iv) interviewing any person involved or who has, or may have, knowledge of the incident and any identified witnesses;

(v) providing reasonable updates to the Complainant and the Respondent about the status of the investigation; and

(vi) following the investigation, the President will:

(A) review all of the evidence collected during the investigation;

(B) determine whether sexual violence occurred; and if so

(C) determine what disciplinary action, if any, should be taken as set out in Section 5 below.

5. Disciplinary Measures

(a) If it is determined by Spark Health and Business Academy that the Respondent did engage in sexual violence, immediate disciplinary or corrective action will be taken. This may include:

(i) disciplinary action up to and including termination of employment of instructors or staff; or

(ii) expulsion of a student; and /or

(iii) the placement of certain restrictions on the Respondent’s ability to access certain premises or facilities; and/or

(iv) any other actions that may be appropriate in the circumstances.

6. Appeal

(a) Should the Complainant or the Respondent not agree with the decision resulting from the investigation, he or she may appeal the decision to the President within 10 days by submitting a letter addressed to the President advising of the person’s intent to appeal the decision.

7. Making False Statements

(a) It is a violation of this Sexual Violence Policy for anyone to knowingly make a false complaint of sexual violence or to provide false information about a complaint.

(b) Individuals who violate this Sexual Violence Policy are subject to disciplinary and / or corrective action up to and including termination of employment of instructors or staff or expulsion of a student.

8. Reprisal

(a) It is a violation of this Sexual Violence 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.

(b) Individuals who violate the Sexual Violence Policy are subject to disciplinary and /or corrective action, up to and including termination of employment of instructors or staff or expulsion of a student.

9. Review

(a) Spark Health and Business Academy shall ensure that student input is considered in the development of its Sexual Violence Policy and every time it is reviewed or amended.

(b) Spark Health and Business Academy shall review its Sexual Violence Policy 3 years after it is first implemented and amend it where appropriate. This date is January 1, 2023.

10. Collection of Student Data

(a) Spark Health and Business Academy shall collect and be prepared to provide upon request by the Superintendent of Private Career Colleges such data and information as required according to Subsections 32. 1 (8), (9), (10) and (11) of Schedule 5 of the Private Career Colleges Act, 2005 as amended.

* Amendment to O. Reg. 415/06 (General) under the Private Career Colleges Act, 2005 related to sexual violence policies

If students, in good faith, report an incident of, or make a complaint about, sexual violence, they will not be subject to discipline or sanctions for violations of the private career college’s policies relating to drug or alcohol use at the time the alleged sexual violence occurred;

Students 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 private career college’s staff or investigators, including irrelevant questions relating to the student’s sexual expression or past sexual history.

Appendix 1

The following represents a list of Provincial Rape Crisis Centres:

Canadian Association of Sexual Assault Centres Ontario

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

Français - Fem’aide

Telephone Toll-Free: 1-877-336-2433

ATS: 1 866 860-7082

www.femaide.ca

Sexual Assault/Domestic Violence Treatment Centres

Sexual Assault/Domestic Violence Treatment Centres

35 hospital-based centres that provide 24/7 emergency care to women - http://sadvtreatmentcentres.ca/

Sexual Assault/Domestic Violence Treatment Centres - http://www.satcontario.com/

Local Centres

Brantford

Sexual Assault Centre of Brantford

Crisis: 519-751-3471

Office: 519-751-1164

[email protected]

http://sacbrant.ca/

Guelph

Guelph-Wellington Women in Crisis

Crisis: 519-836-5710

1-800-265-7233

Office: 519-823-5806

www.gwwomenincrisis.org

Hamilton

Sexual Assault Centre (Hamilton and Area)

Crisis: (905) 525-4162

Office (905) 525-4573

Kitchener-Waterloo

Sexual Assault Support Centre of Waterloo Region

Crisis: 519.741.8633

Office: 519.571.0121

[email protected]

www.kwsasc.org

London

Sexual Assault Centre London

Crisis: 519-438-2272

Office 519-439-0844

TTY: 519-439-0690

[email protected]

www.sacl.ca

London Abused Women’s Centre

Office: 519-432-2204

E-Mail: [email protected]

http://lawc.on.ca/

Peel Region

Hope 24/7

Crisis: 1-800-810-0180

Office: (905) 792-0821

http://hope247.ca/

Oakville

Sexual Assault & Violence Intervention Services of Halton

Crisis: 905-875-1555 or 1-877-268-8416

Office: 905-825-3622

www.savisofhalton.org

www.sacha.ca

Orangeville -Family Transition Place

Crisis: 1-800-265-9178

Office: 519-942-4122

www.familytransitionplace.ca

Toronto

Oasis Centre des Femmes

Téléphone: 416-591-6565

Courriel : [email protected]

http://oasisfemmes.org/

Toronto Rape Crisis Centre: Multicultural Women Against Rape

Crisis: 416-597-8808

Office: 416-597-1171

[email protected]

[email protected]

www.trccmwar.ca

www.daso.ca