SEXUAL VIOLENCE AND SEXUAL HARASSMENT POLICY
Scope and Application
This Policy applies to all members of CMU College of Makeup Art & Design ("CMU") college community including students, staff, faculty, administrators, contract service providers, contractors, officers, directors and individuals who are directly connected to any of CMU’s initiatives, volunteers and visitors (collectively "CMU Members"). The Policy addresses to complaints of Sexual Misconduct, which includes Sexual Violence or Sexual Harassment that have occurred on CMU’s campuses or at CMU sponsored events involving CMU Members. Herein, CMU defines the prohibited behaviours, and outlines CMU's investigative processes for Sexual Misconduct. This Policy is incorporated as a Schedule in CMU's Enrollment Contract for Vocational Programs and shall be made known to CMU Members as prescribed by law.
CMU is committed to providing CMU Members with: (i) educational and working environments free from Sexual Misconduct; and (ii) treating CMU Members who report incidents of Sexual Misconduct with dignity and respect. To this end CMU will:
- In consultation with its students and applicable health and safety representative(s), CMU will maintain a program to implement and review this Policy and its updates;
- Educate and train CMU Members about this Policy and how to: (a) identify situations that involve, or could progress into Sexual Misconduct; and (b) reduce the prohibited behaviours; and
- Require all contractor service providers and contractors attending on CMU's premises or having any interaction or involvement with a CMU Member to read and agree to abide by this Policy as part of their contractual terms.
Where a complaint is made under this Policy, CMU will take all reasonable steps to address it, including:
- Responding promptly and as is appropriate in the circumstances;
- Providing on-campus investigation procedures and providing reasonable status updates to the complainant and respondent (the "Parties").
- Assisting those who have experienced the prohibited behaviours, including by addressing them, as applicably with: (i) obtain counselling and medical care; (ii) appropriate academic and other accommodation; and (iii) obtaining information about reporting options;
Definitions of Sexual Misconduct
This Policy prohibits Workplace Harassment and Sexual Misconduct.
Workplace Harassment is defined as:
- Engaging in a course of vexatious comment or conduct against a CMU Member in a workplace that is known or ought reasonably to be known to be unwelcome; or
- Workplace sexual harassment (see definition of Sexual Harassment below).
It does not include any reasonable action taken by CMU or its supervisors, managers, administrators, officers or directors relating to the management and direction of staff or the workplace.
Workplace Violence is defined as:
- The exercise of physical force by a person against a CMU Member, in his or her workplace, that causes or could cause physical injury to the CMU Member;
- An attempt to exercise physical force against a CMU Member, in her or her workplace, that could cause physical injury to the CMU Member;
- A statement or behaviour that it is reasonable for a CMU Member to interpret as a threat to exercise physical force against him or her, in a workplace, that could cause physical injury to him or her.
Workplace Violence includes Sexual Violence (as defined below).
Sexual Violence, including Sexual Harassment, means any physical or psychological sexual act or act targeting a CMU Member's sexuality, gender identity or gender expression, whether the act is committed, threatened or attempted against the CMU Member without his or her consent. By way of example and without limiting the generality of the foregoing, Sexual Violence includes sexual assault (which is any type of an unwanted sex act done by one person to another, without that person’s consent, that violates such person's sexual integrity. It can range from unwanted touching to penetration), sexual harassment or abuse, sexual exploitation, indecent exposure, voyeurism and criminal harassment (including stalking and cyber bullying).
Sexual Harassment, which can also be a form of Workplace Harassment, includes without limitation:
- Any sexual solicitation or advance made by a person in a position to confer, grant or deny a benefit or advancement to a CMU Member where the person making the solicitation or advance knows or ought reasonably to know that it is unwelcome; and
- Any course of vexatious comment or conduct at CMU, it's workplace or its sponsored activities, against a CMU Member because of sex, sexual orientation, gender identity or gender expression that is known or ought reasonably to be known as unwelcome, including offensive jokes or comments of a sexual nature; displaying or sharing of pornographic or sexist pictures or materials, including online and/or in emails addressed to other CMU Members; suggestive or offensive remarks; unwelcome language related to gender; remarks, jokes, innuendoes, propositions, or taunting about a person’s body, attire, sex or sexual orientation; leering or inappropriate staring; bragging about sexual prowess; and physical contact such as touching, patting, or pinching, with an underlying sexual connotation.
Reporting and Responding to Sexual Misconduct
CMU Members are to: (a) take all reasonable steps to prevent Sexual Misconduct on CMU campus or at CMU sponsored events; and (b) report immediately to: (i) the Manager of Student Services if they are a student or (ii) the Senior Vice President if they are staff of any complaint that they have been subject to, witnessed or have knowledge of any Sexual Misconduct, or have reason to believe that Sexual Misconduct may occur. For clarity, this includes any Sexual Harassment of a CMU Member by another CMU Member. Where the Manager of Student Services is the alleged harasser, then CMU Members can report to CMU's Senior Vice President. Where the complaint is against either designated person, a complaint can be reported to the Head of Academics.
Upon receiving a written complaint under this Policy, CMU will determine on a case-by-case basis whether it is appropriate to hire an independent third party to investigate.
To the extent possible, the Manager of Student Services or CMU's Senior Vice President, as applicable will attempt to keep all information obtained about an incident or complaint, including identifying information about any individuals involved, confidential except where disclosure is necessary for the purposes of investigating or taking corrective action, where required by law, where CMU believes an individual is at imminent risk of self-harm or of harming another, or where there are reasonable grounds to believe that others in the CMU community are at risk. For clarity, CMU students must use this Policy and not CMU's General Student Complaint Procedure where the complaint involves Sexual Misconduct. For clarity, an investigation report under this Policy is not a "report" within the meaning of as. 25(2) of the Ontario Occupational Health and Safety Act.
CMU recognizes the right of a complainant to determine whether her or his complaint will be dealt with by the police, CMU, or at all. However, in certain circumstances, CMU may be required by law or its internal policies to: (i) initiate an internal or on-campus investigation; and/or (ii) inform police without the complainant’s consent if it believes the safety of any CMU Member is at risk. For clarity, this means that even if a complainant decides not to lay a formal complaint or file a written complaint under this Policy, CMU may be required by law or its internal policies to initiate an on-campus investigation or inform the police of the events surrounding the complaint.
Students who have witnessed or been affected by Sexual Violence should contact the Manager of Student Services or Senior Vice President in order to discuss supports and the services that are in place for the students at CMU. (Supports and Services are found at the Appendix 1 – Resources)
Investigation Procedure for Reports of Sexual Misconduct
A complaint under this Policy of Sexual Misconduct, against a CMU Member may be filed in writing, as applicable, to the Manager of Student Services or the President of CMU.
Upon receipt of a written complaint under this Policy CMU will engage in the following procedures:
- Determine whether the complaint should be referred immediately to the police;
- Meet with the complainant to determine the date and time of the incident, the persons involved, the names of any witnesses and to receive a complete description of what occurred;
- Determine whether a third party investigator should be retained to conduct an on-campus investigation;
- When conducting an investigation, (i) interview the complainant, any person involved in or who has knowledge of the incident or incidents related to the complaint or similar incidents; and (ii) inform the respondent and any identified witnesses of the complaint, providing details of the allegations and giving the respondent an opportunity to respond to those allegations;
- If the complainant, 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 CMU’s policies relating to drug or alcohol use at the time the alleged sexual violence occurred;
- The complainant 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 CMU’s staff or investigators, including irrelevant questions relating to the student’s sexual expression or past history;
- Provide reasonable status updates to the Parties; and
- Determine what disciplinary or corrective action, if any, should be taken.
Investigating Reports of Workplace Sexual Misconduct
Upon receipt of a written complaint of Workplace Sexual Misconduct, CMU's President will engage in the following procedures:
If CMU determines that a CMU Member has been involved in Sexual Misconduct against another CMU Member, immediate disciplinary or corrective action will be taken. In the case of a CMU student, such action may be up to and including expulsion without any reimbursement of tuition or any other CMU fees. In the case of CMU staff, such action may be up to and including termination of employment without notice or pay in lieu of notice.
In cases where criminal proceedings are initiated, CMU will reasonably assist police agencies, lawyers, insurance companies, and courts to the fullest extent possible under the law.
Where criminal and/or civil proceedings are commenced in respect of allegations of Sexual Misconduct, CMU may conduct its own independent investigation and make its own determination in accordance with its own policies and procedures.
Making False Statements
It is a violation of this Policy for any CMU Member to knowingly make a false or bad faith complaint of Sexual Misconduct or to provide false information about a complaint. CMU Members who violate this Policy are subject to disciplinary and/or corrective action, up to and including termination of employment for just cause or expulsion as is set out above.
It is a violation of this Policy to retaliate, attempt to retaliate or threaten to retaliate against a complainant, a witness or potential witness or any other person who has been involved in the complaint process. Such actions will be considered a separate violation of this Policy and subject to Disciplinary Measures.
Accommodations Needs of Students affected by Sexual Violence
Students who have been affected by Sexual Violence have the ability to request accommodations. In the event that a student has been affected by Sexual Violence, they need to contact the Manager of Student Services in order to obtain accommodations. If they are a member of the Staff or Faculty, that individual will need to contact the Senior Vice President for similar accommodations.
Please note, there is no requirement to inform either the school or the authorities to take advantage of any of the support or services that either the insurance or the province provides. These services are your right to accesses without prejudice.
Appendix 1 - Resources
Canadian Association of Sexual Assault Centres
Assaulted Women’s Helpline
Toll Free: 1-866-863-0511
#SAFE (#7233) on Bell, Rogers, Fido or Telus mobile
Telephone toll-free: 1-877-336-2433
ATS: 1 866 860-7082
Sexual Assault/Domestic Violence Treatment Centres (35 hospital-based centres that provide 24/7 emergency care to women. To locate the Sexual Assault/Domestic Violence Treatment Centre nearest you, follow this link. )
Ontario Coalition of Rape Crisis
Talk4Healing – Hotline for Indigenous women
Alliston, Barrie, Collingwood, Midland and Orillia
Huronia Transition Homes operates La Maison Rosewood Shelter (Midland) & Athena's Sexual Assault Counselling and Advocacy Centre
24 hour crisis line:
Barrie: 705-737-2008 or 1-800-987-0799
Midland: 705-526-4211 or 1-800-461-175
Sexual Assault Centre for Quinte and District
Muskoka/Parry Sound Sexual Assault Services
Parry Sound District Office
Office: (705) 774-9083 or 1-877-851-6662
Muskoka District Office
Office: (705) 646-2122 or 1-877-406-1268
Chatham-Kent Sexual Assault Crisis Centre
24 Hour Crisis Line: 519-354-8688
Sexual Assault Support Services for Women
Iethinisten:ha Women’s Shelter
Akwasasne Family Violence Program
24 Hour Crisis: 1-800-480-4208
Women’s Sexual Assault Centre of Renfrew County
24 hour crisis: 1-800-663-3060
Guelph-Wellington Women in Crisis
Sexual Assault Centre (Hamilton and Area)
Crisis: (905) 525-4162
Office (905) 525-4573
Kenora Sexual Assault Centre
Crisis: (807) 468-7233 or 1-800-565-6161
Office: (807) 468-7958
Hope 24/7 (formerly the Sexual Assault/Rape Crisis Centre of Peel)
Office: (905) 792-0821
Women’s Support Network of York Region
Crisis: 1-800-263-6734 or 905-895-6734
Office: (905) 895-3646
Amelia Rising Women's Sexual Assault Centre of Nippising/centre d’aggressions sexuelles de nippising
TTY: (705) 840-5877
Sexual Assault & Violence Intervention Services of Halton
Crisis: 905-875-1555 or 1-877-268-8416
Family Transition Place
Ottawa Rape Crisis Centre
Peterborough & Kawarthas
Kawartha Sexual Assault Centre
Crisis: (705) 741- 0260 or 1-866-298-7778
Office/TTY: (705) 741-0260
YWCA Peterborough Haliburton
Office: 705.743.3526 x 130
Sault Ste Marie
Women in Crisis (Algoma) Inc.
Crisis: 705-759-1230 or 1-877-759-1230
Sexual Assault Survivors Centre Sarnia-Lambton
Crisis: 519 337-3320 or 1-888-231-0536
Office: (519) 337-3154
Scarborough Centre for Healthy Communities
Sexual Assault Crisis Centre of Essex County
Let's stop sexual harassment and violence – It’s Never Ok
Amendment to O. Reg 415/06 (General) under the Private Career Colleges Act, 2005, Subsection 36.0.2
Ministry of Colleges and Universities
Private Career Colleges Branch
77 Wellesley Street West
Toronto, ON M7A 1N3