1. Policy Application

The Policy applies to all members of ABM College community including students, staff, faculty, administrators, contract service providers, contractors, officers, directors and individuals who are directly connected to any of ABM College initiatives, including volunteers and visitors.

2. The Scope

The Policy applies to complaints of sexual violence or sexual harassment that have occurred on ABM College campus or at a ABM College event and involve members of the career college community as defined in paragraph one, the Policy Application.

3. Purpose and Intent

All members of ABM College community have a right to study and work in an environment free of sexual violence and sexual harassment.

This document sets out our policy on sexual violence and sexual harassment, defines the prohibited behaviours, and outlines our investigative processes for sexual violence and sexual harassment.

4. Policy Objectives

ABM College is committed to providing members of our career college community an educational environment free from sexual violence and sexual harassment and treating those individuals who report incidents of sexual violence or sexual harassment with dignity and respect.

ABM College will educate and train faculty, staff and students about this Policy and how to identify situations that involve, or could progress into sexual violence or sexual harassment and how to reduce these forms of prohibited behaviours. Where a complaint has been made, under this Policy, of sexual violence or sexual harassment, ABM College will take all reasonable steps to investigate, including:

  1. Responding promptly to any complaint and providing reasonable updates to the complainant and the respondent about the status of the investigation.
  2. Assisting those who have experienced sexual violence or sexual harassment in obtaining counselling and medical care.
  3. Providing those who have experienced sexual violence or sexual harassment with appropriate academic and other support.
  4. Providing those who have experienced sexual violence or sexual harassment with information about reporting options.
    1. Providing on-campus investigation procedures for sexual violence and sexual harassment complaints.

What is Sexual Misconduct

This Policy prohibits sexual misconduct, which includes sexual violence and sexual harassment.

Sexual Violence, without limiting the generality of the foregoing, includes:

  1. Sexual assault, which is any type of an unwanted sexual advance done by one person to another, without that person’s consent, that violates the sexual integrity of an individual ranging from unwanted touching to penetration;
  2. Any violence, physical or psychological, carried out through sexual means or by targeting sexuality, including sexual abuse;
  3. Criminal harassment (including stalking and cyber bullying).

Sexual Harassment, without limiting the generality of the foregoing, includes:

  1. Any derogatory comment or conduct of a sexual nature that is unwelcome, including:
  2. Offensive jokes or comments of a sexual nature.
  3. Displaying of pornographic or sexist pictures or materials, including online.
  4. Suggestive or offensive remarks.
  5. Unwelcome language related to gender.
  6. Remarks, jokes, innuendos, propositions, or taunting about a person’s body, attire, sex or sexual orientation.
  7. Leering or inappropriate staring.
  8. Bragging about sexual prowess.
  9. Physical contact such as touching, patting, or pinching, with an underlying sexual connotation.
  10. Sexual solicitation or advances made by a person in a position to confer, grant or deny a benefit or advancement to the person where the person making the solicitation or advance knows or ought reasonably to know that it is unwelcome.

6. Reporting and Responding to Sexual Violence

All members of our career college community will take all reasonable steps to prevent sexual violence on our career college campus or events and report immediately to the ABM College if they are subject to, witness or have knowledge of sexual violence, or have reason to believe that sexual violence has occurred or may occur.

To the extent it is possible, ABM College will attempt to keep all information disclosed confidential except in those circumstances it believes an individual is at imminent risk of self-harm, or of harming another, or there are reasonable grounds to believe that others in the our career community are at risk.

ABM College recognizes the right of the complainant to determine whether her or his complaint will be dealt with by the police and/or ABM College. However, in certain circumstances, ABM College may be required by law or its internal policies to initiate an internal investigation and/or inform police without the complainant’s consent, if it believes the safety of members of its career college community is at risk

7. Investigating Reports of Sexual Violence

A complaint of sexual violence may be filed under this Policy, by any member of our career college community, to the ABM College in writing.

Upon a complaint of alleged sexual violence being made the ABM College will initiate an investigation, including:

  1. Determining whether the incident should be referred immediately to police.
  2. Meeting with the complainant to determine the date and time of the incident, the persons involved, the names of any person who witnessed the incident and a complete description of what occurred.
  3. Interviewing the complainant, any person involved in the incident and any identified witnesses.
  4. Interviewing any other person who may have knowledge of incidents related to the complaint or any other similar incidents.
  5. Informing the respondent of the complaint, providing details of the allegations and giving the respondent an opportunity to respond to those allegations.
  6. Providing reasonable updates to the complainant and the respondent about the status of the investigation.
  7. Determining what disciplinary action, if any, should be taken.

8. Reporting Sexual Harassment

All members of our career college community will take all reasonable steps to prevent sexual harassment on our career college campus or events and report immediately to the ABM College if they are subject to, witness or have knowledge of sexual harassment, or have reason to believe that sexual harassment has occurred or may occur.

To the extent possible, ABM College will attempt to keep all information disclosed confidential except in those circumstances it believes an individual is at imminent risk of self-harm, or of harming another, or there are reasonable grounds to believe that others in our career community are at risk.

If the complainant decides not to lay a formal complaint, ABM College may in certain circumstances, be required by law or its internal policies to initiate an internal investigation if it believes the safety of members of its career college community is at risk.

9. Investigating Reports of Sexual Harassment

If a member of our career college community believes she/he has been sexually harassed by a member of our career college community, she/he may confront the harasser personally or in writing pointing out the unwelcome behaviour and requesting that it stop; or report the complaint to ABM College in writing.

Upon a complaint of alleged sexual harassment being made to any of ABM College Designates. ABM College designates will initiate an investigation, including:

  1. Meeting with the complainant to determine the date and time of the incident, the persons involved, the names of any person who witnessed the incident and a complete description of what occurred.
  2. Interviewing the complainant, any person involved in the incident and any identified witnesses.
  3. Interviewing any other person who may have knowledge of incidents related to the complaint or any other similar incidents.
  4. Informing the respondent of the complaint, providing details of the allegations and giving the individual an opportunity to respond to those allegations.
  5. Providing reasonable updates to the complainant and the respondent about the status of the investigation.
  6. Determining what disciplinary action, if any, should be taken.

10. Disciplinary Measures

If it is determined by ABM College that a member of our career college community has been involved in sexual violence or sexual harassment of a member of our career college community, immediate disciplinary or corrective action will be taken up to and including termination of employment or expulsion of a student.

In cases where criminal proceedings are initiated, ABM College will assist police agencies, lawyers, insurance companies, and courts to the fullest extent.

Where criminal and/or civil proceedings are commenced in respect of allegations of sexual violence or sexual harassment, ABM College 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 anyone to knowingly make a false complaint of sexual violence or sexual harassment or to provide false information about a complaint. Individuals who violate this Policy are subject to disciplinary and / or corrective action, up to and including termination of employment or expulsion.

11. Reprisal

It is a violation of this Policy to retaliate or threaten to retaliate against a complainant, acting in good faith, who has brought forward a complaint of sexual violence or sexual harassment, provided information related to a complaint, or otherwise been involved in the complaint investigation process.