Sexual Violence and Harassment Policy

1. Purpose & Scope

This policy sets out Anaya Hair and Aesthetics College commitments and procedures for preventing and responding to sexual violence and harassment involving students. It complies with the Ontario Career Colleges Act, 2005 and Ontario Regulation 415/06, including sections 36.0.1 and 36.0.2. This policy applies to all students and to any location or platform connected to College activities (on campus, off campus, online, placements, or school events).

2. Definitions (Plain Language)

Sexual violence includes any sexual act or act targeting a person’s sexuality, gender identity or expression without consent. Examples include sexual assault, sexual harassment, stalking (criminal harassment), indecent exposure, voyeurism, distribution of intimate images without consent, attempts or threats to commit these acts. Consent is the voluntary, ongoing, and freely given agreement to engage in sexual activity.

3. Student Rights & Protections

1. Access to supports and academic accommodations: Students affected by sexual violence will be appropriately accommodated. Students are not required to file a complaint to access supports or accommodations.
2. No time limit: Students may disclose or report at any time; delayed reporting may affect evidence collection but supports remain available.
3. Good-faith amnesty: If students, in good faith, report an incident of or make a complaint about sexual violence, they will not be subject to discipline for violations of college policies relating to drug or alcohol use at the time of the incident.
4. Trauma-informed process: Students who disclose their experience will not be asked irrelevant questions during the investigation (e.g., questions about sexual expression or past sexual history).
5. Protection from reprisal: No one will be penalized or retaliated against for making a good-faith report or for participating in an investigation.

Protection from Retaliation

The College prohibits retaliation against any individual who discloses sexual violence, makes a complaint, participates in an investigation, or supports someone making a report.

Examples of retaliation include:

• threats or intimidation
• harassment or bullying
• academic penalties
• exclusion from college activities
• negative treatment by students or staff

Any individual who engages in retaliation may be subject to disciplinary action under the College’s policies.

6. Representation: Students may be accompanied by a support person or representative (including legal counsel) and may make oral or written submissions at all stages.

4. Confidentiality & Privacy

The College will protect the privacy of individuals involved in a disclosure, report, or investigation of sexual violence.

Examples of confidentiality measures include:

• Information will only be shared with College officials who need the information to provide support or investigate the report.
• Records relating to sexual violence disclosures will be stored securely and access will be restricted.
• The identity of the complainant will not be disclosed without their consent unless required by law or where there is a risk of serious harm to an individual or the community.
• Students may disclose an incident confidentially to access support without initiating an investigation.
• The College will make reasonable efforts to limit unnecessary disclosure of personal information during investigations.

5. Disclosure, Reporting & Options (No time limit)

Students may:

1. Disclose confidentially to access supports and accommodations without making a formal report.
2. Make a report or complaint to the College for resolution under this policy.
3. Report to police and/or seek medical care.
4. Make an anonymous disclosure (limitations may apply to investigation).
5. The College will assist students in contacting police or medical services if requested.
6. Students are not required to report to the College or to police to receive support and accommodations.
7. A student who has experienced sexual violence may choose whether or not to request that the College initiate an investigation. The decision to participate in an investigation is entirely voluntary. A student may access supports, accommodations, and safety measures even if they choose not to make a formal complaint or participate in an investigation.

6. Supports & Accommodations

The College will provide or facilitate: academic flexibility, modified schedules, extensions, leaves of absence, no-contact directives, safety planning, security escort (where available), counselling referrals, and information about community sexual assault centres and legal resources.

Supports are available regardless of whether the incident occurred on campus or off campus.

7. Interim Measures

Pending review or investigation, the College may implement interim measures to support safety and fairness (e.g., schedule changes, classroom re-assignment, campus access restrictions, and no-contact directives).

8. Making a College Report & Investigation Steps

Reports can be made in person, by email or in writing to the Designated Sexual Violence Lead (Director, Academic Development & Compliance). Upon receipt of a report, the College will:

1. Acknowledge receipt promptly and discuss immediate supports and interim measures.
2. Determine whether an investigation should proceed and whether the complainant wishes to participate.
3. Assign an impartial investigator (internal or external), avoiding conflicts of interest.
4. Notify the respondent of the allegations and give an opportunity to respond.
5. Permit both parties to be accompanied by a support person and to make oral and written submissions.
6. Gather relevant information (documents, interviews, recordings) in a trauma-informed manner.
7. Conclude the investigation as soon as practicable and issue a written decision with reasons and outcomes to both parties.

9. Outcomes & Sanctions

Where a finding is made that sexual violence occurred, the College may impose outcomes including education, restrictions, probation, suspension, or expulsion, and other measures appropriate to the circumstances. Where the respondent is an employee or contractor, the matter will be addressed under applicable employment agreements and laws.

10. Appeals

Either party may appeal on the grounds of procedural fairness or new evidence by submitting a written appeal to the Founder/Chief Academic Officer within five (5) school days of the decision. The appellant may make oral submissions and be accompanied by a representative. A final written decision will be issued as soon as practicable; this concludes the internal process.

11. Education, Training & Awareness

The College will provide awareness and prevention education for students and annual training for staff on receiving disclosures, supports, accommodations, and trauma-informed investigations.

12. Publication, Data & Review

The College will publish this policy on its public website and provide a copy to every student at contract signing. The policy will be reviewed at least once every three (3) years and updated as required by law. The College will collect and provide to the Superintendent of Career Colleges any data and information required by law.

13. Relationship to Other College Policies & Laws

If this Sexual Violence and Harassment Policy conflicts with any other College policy, including the Expulsion Policy, this policy prevails. This policy operates alongside the Ontario Human Rights Code, the Criminal Code of Canada, the Liquor Licence and Control Act, 2019, and the Cannabis Control Act, 2017.

14. Contact

Students who have experienced or witnessed sexual violence or harassment may contact the College’s Designated Sexual Violence Lead to access confidential support, accommodations, or to make a report.

Students may contact the Designated Sexual Violence Lead in person, by email, or by telephone to discuss supports and options. Students are not required to file a formal complaint in order to receive support or accommodations.

In emergencies, students should call 911.