Sexual Misconduct Policy

Edison College Canada is committed to the prevention of and appropriate response to sexual misconduct. All students and staff are entitled to study and work in an environment that is free from Sexual Misconduct. The College considers Sexual Misconduct to be a serious violation of an individual’s fundamental rights. Members of the College community who engage in Sexual Misconduct may be subject to a range of disciplinary measures, up to and including suspension, dismissal, or expulsion from the College. Members of the College community who experience and report Sexual Misconduct will be provided with support by the College and assistance with accessing additional support services both on and off the Campus.

However, knowing what constitutes Sexual Misconduct is often difficult. Freedom from misconduct and harassment does not mean that you will be protected from exposure to controversial material and ideas, nor does it mean that every encounter you have at Edison College will be agreeable.  Edison College is a place of learning in which the free exchange of information, ideas and perspectives is valued and encouraged. The legitimate study of topics of a sexual nature within the College’s curriculum is not considered Sexual Misconduct.

Scope

This Policy applies to all members of the Edison College Canada community, which includes students, employees, guests and visitors.  The Policy is intended to address and eliminate Sexual Misconduct which occurs within the context of Edison College and activities, and which interferes with an individual’s employment or studies at the College.  Behavior which occurs separate from any College-related activities, and which is unrelated to an individual’s employment or studies at the College is not covered by this Policy.

This Policy is not intended to be used in situations where Sexual Misconduct is of a violent nature.  In the event of violent incidents, law enforcement authorities will be contacted, and support will be provided to the victim.  The College does reserve the right to conduct an investigation and take appropriate steps in the event of violent situations, if necessary to protect the safety of the College community.

Notwithstanding the existence of this Policy, every individual has the right to pursue other courses of action, even when steps are taken under this Policy.  The College reserves the right to suspend the processing of complaints when alternate routes are being pursued by the Complainant.

Definitions and Terminology

  1. Sexual Consent:  The voluntary agreement to engage in the sexual activity in question and to continue to engage in the activity. Voluntary agreement to engage in the activity or to continue to engage in the activity must be communicated through words or conduct, and can be revoked at any time. No consent is obtained where a person is incapable of consenting, for example, by intoxication or where a person is induced to engage in the activity by someone abusing a position of trust, power or authority.
  2. Sexual Misconduct:  To constitute Sexual Misconduct, behaviour may be a single serious incident or may be repeated or persistent behaviour. It refers to a spectrum of non-consensual sexual contact and behaviour including the following:

    a) Sexual Harassment.
    b) Sexual Assault.
    c) Sexual Exploitation.
    d) Criminal Harassment including Stalking.
    e) Indecent Exposure.
    f) Voyeurism.
    g) 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.
    h) The attempt to commit an act of sexual misconduct.
    i) The threat to commit an act of sexual misconduct.
  3. Sexual Harassment:  Sexual harassment refers to unwanted communications or actions that are sexual in nature, and are offensive, intimidating or humiliating.  It can take many forms including verbal, written or visual.  Sexual harassment may include any or all of the following conditions:

    a) Conduct or comment of a sexual nature made by a person who knows or ought to reasonably know that such conduct or comment is unwanted or unwelcome.
    b) Expressed or implied promise or a reward for complying with a request of a sexual nature.
    c) Actual reprisal or an expressed or implied threat of reprisal or refusal to comply with a request of a sexual nature.
    d) Actual denial of an opportunity or an expressed or implied threat of denial of opportunity for refusal to comply with such a request.
    e) The conduct or comment is intended to, or has the effect of, creating an intimidating or hostile environment.
    f) Differential treatment of a former or current intimate partner where a power relationship exists.
    g) Remarks or innuendos regarding an individual’s appearance, clothing or sexual life.
    h) Unwelcome questions or sharing personal information regarding a person’s marital status, sexuality, sexual activity, sexual orientation, or gender/transgender issues.
    i) Persistent, unwelcome sexual flirtations, advances, propositions, invitations or requests.
    j) Sexually suggestive, obscene or degrading comments or gestures.
    k) Displaying or circulating sexually graphic or derogatory pictures or written materials.
    l) Use of online activities such as email, text messaging or social networking to initiate or participate in any of the above behaviours.
    m) Leering, ogling or sexually-oriented gestures.
    n) Inappropriate and unnecessary touching.
  4. Sexual Assault:  Sexual assault is any form of sexual contact that occurs without any freely given consent.  Sexual assault includes any form of sexual contact where consent has not been given (i.e., non-consensual touching that is sexual in nature, forced penetration).  Sexual assault includes date rape or acquaintance rape, which happens between acquaintances, friends or between people who are dating. There are three levels of sexual assault in the Criminal Code of Canada.

    Level 1: Any forced sexual contact without bodily harm.
    Level 2: Forced sexual contact causing or threatening to cause bodily harm or using a weapon (imitation or real).
    Level 3: Forced sexual contact that causes aggravated bodily harm or endangers the life of the victim or others.
  5. Sexual Exploitation:  Sexual exploitation is the sexual abuse of children and youth through the exchange of sex or sexual acts for drugs, food, shelter, protection, other basics of life, and/or money.  Sexual exploitation includes involving children and youth in creating pornography and sexually explicit websites.
  6. Criminal Harassment (Stalking):  Criminal harassment, which includes stalking, is prohibited by the Criminal Code of Canada. Criminal harassment prohibits deliberate conduct that is psychologically harmful to others. For stalking to be criminal harassment, here’s what’s required, a person does one or more of the following things:

    a) Repeatedly follow you, or anyone you know.
    b) Repeatedly communicate with you, or anyone you know, directly or indirectly.
    c) Repeatedly watch you, or anyone you know, or lurk around your home, workplace, or any other place you happen to be.
    d) Engage in any threatening conduct directed at you or a member of your family.
    e) The person knows that their conduct is harassing you or they are reckless about whether their conduct is harassing you.  Reckless means they know their conduct may harass you, but they don’t care.
    f) The person’s conduct causes you to reasonably fear for your safety or the safety of someone you know.  Your fear has to be reasonable. The person does not have to realize that their conduct is scaring you for it to be criminal harassment.
    g) A person can be stalked even if they don’t physically hurt anyone or damage any property.  The law is designed to protect psychological, emotional, and physical safety. Stalking may start with conduct that seems more annoying than dangerous.  Often, the conduct is legal and even socially acceptable if it’s just an isolated incident.  But when it’s repeated, it may scare the victim.  Conduct such as following someone, or sending gifts or letters, may become intimidating if done continually and against the person’s wishes.

Sexual Misconduct Complaints

A Complaint of sexual misconduct is different than a Report of sexual misconduct. A Complaint is when the victim/survivor discloses or chooses to tell someone at the institution of an incident of sexual misconduct in order to seek support, but may not want to make a formal report to police or the institution. 

A student making a Complaint will be provided with resolution options and, if appropriate, accommodation, and will not be required or pressured to make a Report.

The process for Making a Complaint about sexual misconduct involving a student is as follows:

  • In the case of an incident of sexual misconduct, the person who wishes to file a complaint can do so by emailing or calling the Campus Director and/or by emailing or calling the President of Edison College.  The contact information of the Campus Director and President is available at the  bottom of this document. 

The process for Responding to a Complaint of sexual misconduct involving a student is as follows:

  • The administration at Edison College takes all complaints about sexual misconduct very seriously and treats the details shared with utmost confidence. The college will acknowledge receipt of the Complaint within 2 Business Days, and work with the victim/survivor to fully understand the situation and take action involving the appropriate authorities.

Sexual Misconduct Reports

A Report is a formal notification of an incident of sexual misconduct to someone at the institution accompanied by a request for action. A Report does not have to be made by the victim/survivor.

The process for Making a Report of sexual misconduct involving a student is to be broken down in two parts:

  1. The person making a report of sexual misconduct must write a request for action.  
  2. The person making a report of sexual misconduct must also write about the experience with as much detail as they are comfortable with.  This includes important information such as timeline, locations, witnesses (if applicable), names(s) of the offender.  

Once completed, the person who made the report is to email the Campus Director (see the bottom of this policy for contact information).  In the event the Campus Director is named in the report or is absent, the report is to be emailed to the President (contact information is also at the bottom of this policy).

The process for Responding to a Report of sexual misconduct involving a student is as follows:

  • The Campus Director and the President pledge to do everything in their power to mitigate harm and ensure that claims will be fully investigated. During this time, all parties involved will be treated with dignity and respect, and there will be special care taken to ensure that the victim/survivor feels as safe as possible with all of the proceedings.  After receiving the report, the Campus Director (or the President) will review the report and will acknowledge the receipt of the report within 2 business days.  The Campus Director (or the President) has 15 business days – from the day of the incident reporting – to take all necessary actions and complete the response.

Procedural Fairness and Confidentiality

The College will deal with allegations of Sexual Misconduct in a procedurally fair, unbiased and timely manner. Complainants and Respondents shall be advised of the procedures available to them and will be provided with a copy of this Policy.

The Parties shall be advised of the allegations and responses of both the Complainant and Respondent and shall be accorded reasonable opportunity to provide comments in support or defence of their own positions.  Both the Complainant and Respondent have a reasonable right to respond to any information gathered during the investigation that will be utilized in determining a finding of Misconduct / Harassment or No-Misconduct / Harassment.

It is contrary to this policy for an institution to retaliate, engage in reprisals or threaten to retaliate in relation to a Complaint or a Report. Any processes undertaken pursuant to this policy will be based on the principles of administrative fairness. All parties involved will be treated with dignity and respect. All information related to a Complaint or Report is confidential and will not be shared without the written consent of the parties, subject to the following exceptions:

  • If an individual is at imminent risk of severe or life-threatening self-harm. 
  • If an individual is at imminent risk of harming another.
  • There are reasonable grounds to believe that others in the institutional community may be at significant risk of harm based on the information provided.
  • Where reporting is required by law. 
  • Where it is necessary to ensure procedural fairness in an investigation or other response to a Complaint or Report.

Disclosure and Reporting Options

Complainants have the following disclosure and reporting options, available both on and off campus, and may choose any of these options or any combination of the available options. 

  1. No Report:  The Complainant may wish to disclose sexual violence in order to seek emotional support, medical support, or advocacy, but may not want to report to police or campus authorities.  Subject to certain limited exceptions, this decision should be respected, and the Complainant should still be offered support services. 
  2. Report to Police:  The Complainant may wish to make a police statement, which would generally be followed by a criminal investigation.  An appointed campus employee can accompany the Complainant if requested.
  3. Third-Party Report to Police via Community Victim Service Agency:  The Complainant may wish to make an anonymous Third-Party Report through a community-based victim support worker; reports are sent to police by an intermediary agency and provide detailed information about the incident and the Respondent, but do not include the name or contact information of the Complainant.  A Third-Party Report is not in and of itself a police investigation; it is an option of last resort for the Complainant who would not otherwise provide information to the police but who may want to access support and let the police know of a sexual predator in order to protect others.
  4. Medical Assistance / Forensic Medical Exam:  It is advisable for anyone who has experienced a sexual assault to seek medical attention to address possible physical injury, pregnancy and/or sexually transmitted infections. 
  5. Formal Complaint to College:  The Complainant may wish to make a formal report to the College, precipitating the College Sexual Misconduct process if either the Complainant or Respondent is a student, staff, visitor or guest to the College. 

Jurisdiction

This Sexual Misconduct Policy will be triggered if all of the following criteria are met:

  • Both of the parties (the Complainant and the Respondent) are students, employees, guests, and/or visitors of Edison College Canada.
  • For a complaint to be considered under this Policy, it must be submitted within six (6) months of the date of the last alleged incident of Sexual Misconduct.  The Campus Director may consider an extension to file a complaint past the six (6) month limit if reasonable grounds for such an extension exist in extenuating circumstances.
  • The behaviour occurred in the context of a College-related activity (e.g., on college property or at a college-sponsored event).
  • The behaviour, if true, would constitute a contravention of the Policy by meeting a definition of Sexual Misconduct as stated in the policy.

Institutional Responsibilities

In all instances the institution will:

  • Ensure the safety of the victim/survivor. 
  • As appropriate, provide emergency numbers for on and off campus security (if applicable), law enforcement, medical assistance, mental health services, and other services. 
  • Respect the right of the individual to choose the services they consider most appropriate.

It is contrary to this policy for an institution to retaliate, engage in reprisals or threaten to retaliate in relation to a Complaint or a Report. Any processes undertaken pursuant to this policy will be based on the principles of administrative fairness. All parties involved will be treated with dignity and respect.

All information related to a Complaint or Report is confidential and will not be shared without the written consent of the parties, subject to the following exceptions:

  • If an individual is at imminent risk of severe or life-threatening self-harm.
  • If an individual is at imminent risk of harming another.
  • There are reasonable grounds to believe that others in the institutional community may be at significant risk of harm based on the information provided.
  • Where reporting is required by law. 
  • Where it is necessary to ensure procedural fairness in an investigation or other response to a Complaint or Report.

Governmental Requirements

This institution is certified by the Private Training Institutions Branch (PTIB). Certified institutions must comply with regulatory requirements, including the requirement to have a Sexual Misconduct policy. For more information about PTIB, go to: www.privatetraininginstitutions.gov.bc.ca.

Important Contacts

Effective Date: November 20, 2024
Revision Date: November 20, 2024