Sexual Assault and Sexual Violence Policy
On September 16, 2021, the ministry announced regulatory changes to support post-secondary students reporting sexual violence or harassment. As a result, Subsection 36.0.2 of Ontario Regulation 415/06 (General) under the Ontario Career Colleges Act, 2005 has been amended. The following regulation amendment will come into effect on March 1, 2022:
1. 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 Ontario career college’s policies relating to drug or alcohol use at the time the alleged sexual violence occurred;
2. 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 Ontario career college’s staff or investigators, including irrelevant questions relating to the student’s sexual expression or past sexual history.
Approval Authority: Institute Principal and Management Team
Effective Date: August 10, 2026
Date of Last Revision: August 10, 2026
Next Scheduled Review Date: August 2027
Purpose and Intent of the Policy
All members of the Trident Healthcare Institute community have a fundamental right to work and study in an environment free from sexual violence. This Policy establishes the framework through which Trident Healthcare Institute prevents and responds to sexual violence. It is intended to:
- Promote proactive measures to prevent sexual violence;
- Ensure that individuals affected by sexual violence are believed, respected, supported, and appropriately accommodated;
- Establish clear procedures for disclosures, reports, and complaints;
- Protect the rights of all individuals involved in a complaint process;
- Provide a fair and trauma-informed complaint-resolution process; and
- Hold individuals accountable where allegations of sexual violence are substantiated.
The Institute recognizes that a student has the right to decide:
- Whether to disclose an incident;
- Whether to access available supports;
- Whether to submit a formal complaint; and
- Whether to report the incident to the police or another external authority.
This right is subject only to the Institute's legal obligations to address a significant risk to the safety of the individual or the Institute community.
Application and Scope
This Policy applies to all students, employees, instructors, contractors, volunteers, visitors, and other individuals participating in Institute-related activities.
It applies to incidents of sexual violence occurring:
- On Institute property;
- During Institute-sponsored activities or events;
- During clinical placements, practicums, internships, or work-integrated learning;
- Online or through electronic communications where there is a sufficient connection to the Institute; and
- Off campus where the conduct may adversely affect the Institute's learning or working environment.
Definition
Term | Definition |
|
Consent |
Voluntary and explicit agreement to participate in a specific sexual activity. Consent requires a clear and meaningful exchange of words or actions indicating willingness to participate. Silence does not constitute consent; consent cannot be given on behalf of another; previous consent does not imply present or future consent; consent to one activity does not cover another; consent obtained through threats, coercion, or abuse of power is invalid; incapacitated individuals cannot consent; and consent may be withdrawn at any time. |
|
(To) Report |
Sharing information about an incident with the Institute to receive support, counselling, services, accommodations, or information regarding complaint procedures. |
|
Complaint |
A formal submission of information about an incident of sexual violence to initiate an administrative process to determine whether the respondent should be held accountable. |
|
Complainant |
An individual affected by sexual violence who has filed a formal complaint under this Policy. |
|
Incapacity |
The inability to understand the sexual nature of an activity or to make an informed choice due to alcohol, drugs, medication, sleep, unconsciousness, illness, or another condition. |
|
Disclosure
|
Sharing information about an experience of sexual violence to obtain support, services, information, or accommodations without necessarily initiating a formal complaint process. |
|
Reprisal |
Any adverse action, threat, intimidation, retaliation, or harmful measure taken against an individual because they engaged with this policy or its associated processes. |
|
Respondent |
The individual whose conduct is the subject of a complaint under this Policy. |
|
Sexual assault |
Any form of unwanted sexual contact that occurs without consent, including unwanted kissing, fondling, touching, sexual activity, or penetration. |
|
Sexual harassment |
Engaging in vexatious comments or conduct based on sex, sexual orientation, gender identity, or gender expression that is known, or ought reasonably to be known, to be unwelcome. |
|
Sexual violence |
Any sexual act, or any act targeting a person's sexuality, gender identity, or gender expression (physical or psychological), committed, attempted, or threatened without consent. Includes sexual assault, sexual harassment, stalking, indecent exposure, voyeurism, and sexual exploitation. |
Policy
1. Prohibition
Sexual violence in all its forms is strictly prohibited and will not be tolerated at Trident Healthcare Institute.
2. Institutional Commitments
The Institute is committed to:
- Preventing sexual violence;
- Providing accessible supports and services;
- Implementing timely accommodations;
- Responding to disclosures and complaints respectfully;
- Using trauma-informed processes;
- Minimizing re-traumatization;
- Protecting privacy and confidentiality; and
- Ensuring procedural fairness.
3. Protection from Reprisal
Retaliation or threats of retaliation against any individual who discloses, reports, submits a complaint, participates in an investigation, or exercises a right under this Policy are strictly prohibited.
Supports, Services and Accommodation
Supports, services, and accommodations are available to individuals affected by sexual violence regardless of whether they file a formal report or complaint, or contact law enforcement.
Requests can be coordinated directly through the Sexual Violence Response Advisor.
More information about supports and services available to those affected by sexual violence is provided in Appendix I — Key Institute Contacts and Appendix II — Community Supports and Services.
Academic Accommodations
Students affected by sexual violence may request reasonable academic accommodations, including but not limited to:
- Assignment extensions and examination deferrals;
- Class or timetable adjustments and attendance flexibility;
- Alternative learning formats;
- Changes to clinical placements or practicums;
- Withdrawal without academic penalty (where appropriate); and
- Individualized safety planning.
Employees affected by sexual violence may request reasonable workplace accommodations, including:
- Temporary workplace modifications or schedule adjustments;
- Reassignment of duties or work location/reporting relationships; and
- Reasonable measures consistent with applicable employment legislation.
The Institute will implement approved accommodations as quickly, respectfully, and discreetly as reasonably possible.
Incident Response and Sexual Violence Reports
Employees and Institute representatives who witness or become aware of possible sexual violence must take reasonable action, including:
- Checking on the safety of the affected individual;
- Contacting emergency services where necessary;
- Referring the individual to available supports; or
- Notifying the Sexual Violence Response Advisor or the Managing Principal.
No individual is expected to place themselves in danger.
When an employee receives a disclosure, they must:
- Listen respectfully and without judgment;
- Explain applicable limits of confidentiality;
- Refrain from conducting an independent investigation or asking intrusive questions;
- Avoid providing advice beyond their role or authority; and
- Provide information on supports and refer the individual to the Sexual Violence Response Advisor.
Non-healthcare employees must promptly convey reports of sexual violence to the Sexual Violence Response Advisor. Healthcare professionals bound by professional confidentiality must comply with their professional obligations unless disclosure is legally required or necessary to prevent a significant risk of serious bodily harm.
Personal information is collected, used, and disclosed only as necessary to provide accommodations, administer complaints, manage safety concerns, ensure procedural fairness, or comply with legal obligations. Complete confidentiality cannot be guaranteed where disclosure is required by law or necessary to address a significant risk of harm. All records relating to disclosures, complaints, and investigations are maintained securely, accessed only by authorized individuals, and disclosed strictly on a need-to-know basis.
Sexual Violence Complaints
Any member of the Institute community may file a formal complaint.
Anonymous complaints are evaluated to determine an appropriate administrative response based on safety concerns, evidence, and legal obligations; however, missing details may limit the Institute's ability to investigate or take disciplinary action.
A complainant may report an incident to the police at any time. The Institute may temporarily pause or adjust its internal proceedings during an active police investigation, while continuing to provide safety measures and supports.
Before a formal finding is reached, non-punitive interim measures may be put in place to ensure safety. Interim measures do not constitute a finding of misconduct and may include:
- No-contact directives;
- Class, schedule, or duty adjustments;
- Reassignment of clinical placements;
- Access restrictions to Institute facilities; or
- Temporary administrative leave/suspension.
Where allegations are substantiated, sanctions are applied proportionally and may include:
- Educational/remedial measures or mandatory training;
- Written warnings or reprimands;
- Schedule, class, or work location changes;
- Restrictions on Institute access; or
- Suspension, academic expulsion, or termination of employment.
Complaints made intentionally to annoy, harass, mislead, or harm a respondent are strictly prohibited and subject to disciplinary action. A complaint is not considered made in bad faith simply because it is unsubstantiated.
Complaint Resolution Protocol
The Institute's process for resolving complaints involves five steps:
Step 1 — Intake
Written complaints must be submitted to the Institute Managing Principal. Within 3 business days (where reasonably possible), the Managing Principal determines policy scope applicability and the need for immediate interim measures, whether to initiate an investigation or refer the matter to another process, and completes a conflict-of-interest assessment (referring to an alternate decision-maker if necessary).
Step 2 — Investigation
An impartial internal or external investigator is appointed to interview parties and witnesses and review evidence. Both parties receive a reasonable opportunity to review information, submit evidence, and respond. Target timeline: completed within 30 days, with parties notified if delays occur.
Step 3 — Post-Investigation Decision
Employee respondents are evaluated by their direct supervisor in consultation with Human Resources to determine corrective or disciplinary action. Student respondents are reviewed by the Managing Principal to determine whether the complaint is dismissed, resolved educationally, or referred to formal adjudication.
Step 4 — Disciplinary Proceeding (Student Respondents)
An impartial Adjudicator conducts proceedings using the balance-of-probabilities standard (is it more likely than not that the conduct occurred?). Both parties may submit written or oral statements and have a support person or counsel present.
Step 5 — Appeal (Student Respondents)
A student respondent may appeal to the President within 10 calendar days of the Adjudicator's decision, on valid grounds such as procedural error, bias, new evidence, material error, or a disproportionate sanction. The President's decision is final.
Student Rights and Protection During Investigations
Complainants and respondents maintain equal rights to procedural fairness and respect, including:
- Clear information, timely updates, and access to support persons or legal counsel;
- The right to provide evidence, identify witnesses, and respond to allegations;
- An impartial investigator and decision-maker;
- Protection from reprisal and privacy safeguards; and
- Freedom from irrelevant questioning regarding sexual history or orientation.
The Institute shall not discipline or penalize a student solely because the student, acting in good faith, disclosed or reported an incident of sexual violence, and will not impose sanctions for violations of institutional policies relating to alcohol, drugs, or other non-academic student conduct that occurred at the time of the alleged incident, provided the violations arose from or were connected to it.
A student is not required to report an incident of sexual violence to the police or any other external authority in order to receive institutional supports or services, request accommodations, make a disclosure or report, or submit a complaint under this Policy.
Training, Record Keeping and Distribution
The Institute will provide a copy of this Policy to every student upon enrolment, make it available to all staff and contractors, publish it prominently on the official website, and provide copies upon request.
The Institute will provide ongoing and accessible education and training concerning sexual violence prevention, consent, bystander intervention, trauma-informed practices, and internal reporting options. Key personnel handling reports will receive specialized training.
The Institute maintains confidential records of disclosures, reports, complaints, accommodation requests, investigations, decisions, and outcomes in accordance with privacy laws. Aggregate, anonymized data may be compiled for statistical and reporting purposes.
Policy Review
This Policy is approved by the Institute Principal and Management Team and will be reviewed at least annually, with opportunities for student participation where appropriate. In all cases, the Policy will be reviewed no less frequently than required by the Ontario Career Colleges Act, 2005, and will be amended as appropriate.
Each review will consider the current requirements of Ontario Regulation 415/06, including section 36.0.2, together with any other applicable legislation, regulations, Ministry directives, standards, or guidance governing Ontario career colleges. The Institute will update its prevention, disclosure, reporting, accommodation, investigation, adjudication, confidentiality, training, record-keeping, and student-protection procedures as necessary to maintain compliance and effective institutional practice.