Sexual Misconduct Policy

1.     OshioCollege is committed to the prevention of and appropriate response to sexualmisconduct.

2.     Sexualmisconduct includes the following:

·     sexual assault;

·     sexual exploitation;

·     sexual harassment;

·     stalking;

·     indecent exposure;

·     voyeurism;

·     the distribution of a sexually explicit photograph or videoof a person to one or more persons other than the person in the photograph orvideo without the consent of the person in the photograph or video and with theintent to distress the person in the photograph or video;

·     the attempt to commit an act of sexual misconduct; and

·     the threat to commit an act of sexual misconduct.

3.       A Complaint ofsexual misconduct is different than a Report of sexual misconduct. Aperson may choose to disclose or complain of sexual misconduct without making aformal report.  A Report is aformal notification of an incident of sexual misconduct to someone at theinstitution accompanied by a request for action.

4.      A student making a Complaint will be provided with resolutionoptions and, if appropriate, accommodation, and will not be required orpressured to make a Report.

5.     Theprocess for making a complaint about sexual misconduct involving a student isas follows:

·     All student complaints must be made in writing.

·     Students will not be subject to any form of retaliation as aresult of filing a complaint.

·     When a concern arises, the student should address theconcern with the staff member most directly involved or to whom they feel mostcomfortable disclosing to.  If thestudent is not satisfied with the outcome at this level, the student should puthis/her concern in writing and deliver it to the Senior EducationalAdministrator.

·     The student must provide the written complaint to the SeniorEducational Administrator, who is responsible for making determinations inrespect of complaints.  If the SeniorEducational Administrator is absent or is named in a complaint, the studentmust provide the complaint to the Registrar.

6.     Theprocess for responding to a complaint of sexual misconduct involving a studentis as follows:

·     The Senior Educational Administrator will arrange to meetwith the student to discuss the concern and desired resolution within 5 schooldays of receiving the student’s written concern, or as soon as is practical.

7.     Theprocess for making and responding to a report of sexual misconduct involving astudent is as follows:

·     Following the meeting with the student, the SeniorEducational Administrator will conduct whatever enquiries and/or investigationsare necessary and appropriate to determine whether the student’s concerns aresubstantiated in whole or in part. Those inquiries may involve furtherdiscussion(s) with the student either individually or with appropriate(institution’s) personnel.

·     The necessary enquiries and / or investigations shall becompleted no later than 10 school days following the receipt of the student’swritten concerns.  The Senior EducationalAdministrator will do one of the following within 10 days of receiving thestudent’s written concerns:

           *Determinethat the student’s concerns are not substantiated; or

           *Determinethat the student’s concerns are substantiated in          whole or in part

·     The student and the institution’s personnel involved shallreceive a written summary of the above determination. A copy of alldocumentation relating to every student’s complaint should be signed by allparties. A copy shall be given to the student, a copy will be placed in theschool’s Student Conduct File, and the original will be placed in the studentfile.

·     If it has been determined that the Student’s concerns aresubstantiated in whole or in part the Senior Educational Administrator shallinclude a proposed resolution of the substantiated concern(s).

·     If the student is not satisfied with the determination ofthe Senior Educational Administrator, the student must advise the SeniorEducational Administrator within 48 hours of being informed of thedetermination. The Senior Educational Administrator will immediately refer thematter to the Owner of the Institution. The Owner of the institution willreview the matter and meet with the student within 5 school days.

·     The Owner of the institution shall either confirm or varythe determination of the Senior Educational Administrator.  At this point the School’s Dispute ResolutionProcess will be considered exhausted.

·     If the issue is of a serious nature the Owner of the Schoolmay, in his/her sole discretion and cost, engage the services of a third partymediator to assist in the resolution of the dispute.

8.         It is contrary tothis policy for an institution to retaliate, engage in reprisals or threaten toretaliate in relation to a Complaint or a Report.

9.    Any processesundertaken pursuant to this policy will be based on the principles ofadministrative fairness. All parties involved will be treated with dignity andrespect.

10.  All information relatedto a Complaint or Report is confidential and will not be shared withoutthe written consent of the parties, subject to the following exceptions:

·    If anindividual is at imminent risk of severe or life-threatening self-harm.

·    If anindividual is at imminent risk of harming another.

·    There arereasonable grounds to believe that others in the institutional community may beat significant risk of harm based on the information provided.

·    Wherereporting is required by law.

·    Where it isnecessary to ensure procedural fairness in an investigation or other responseto a Complaint or Report.  

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

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