It is the policy of Oxford International Career Colleges (the “College”) that all of our students have a right to an environment that is free from sexual remarks or touching by or from college employees, including but not exclusive to college faculty, which would be considered sexual solicitation or sexual advance. Oxford International Careers College is committed to the prevention of and appropriate response to sexual misconduct.
The Policy applies to all employees of the college, as defined by the Employment Standards Act, 2000 (“ESA”). This Policy does not apply to consensual sexual or romantic relationships that do not meet the criteria of a Prohibited Relationship set out below.
Sexual Misconduct - means in relation to a student at the College.
a. Physical sexual relations with the student, touching of a sexual nature of the student or behaviour or remarks of a sexual nature toward the student by an employee of the College where:
b. Any conduct by an employee of the College that infringes the right of the student under clause 7 (3) (b) of the Human Rights Code to be free from reprisal or threat of reprisal for the rejection of a sexual solicitation or advance.
Student – means a person currently enrolled in studies at Oxford International Career Colleges, whether in a full- time, part-time or continuing education capacity.
Sexual misconduct refers to a spectrum of non-consensual sexual contact and behavior including the following:
If an employee of a career college commits an act of sexual misconduct toward a student enrolled at a career college, the career college may discharge or discipline the employee for that act, and,
a. The discharge or disciplinary measure is deemed to be for just cause for all purposes
b. The employee is not entitled to notice of termination or termination pay or any other compensation or restitution as a result of the discharge or disciplinary measures, and
c. Despite subsection 48(7) of the Labour Relations Act, 1995, and despite any provision of a collective agreement or employment contract specifying a penalty for the infraction, no arbitrator, arbitration board or other adjudicator shall substitute any penalty for the discharge or disciplinary measure imposed by the career college. 2002, c. 22, Sched. 2, s. 1: 2023, c. 9, Sched. 29, s. 4.
If an employee of a career college commits an act of sexual misconduct toward a student enrolled at a career college and the career college discharges the employee for that act or the employee resigns from their employment, the career college shall not subsequently re-employ the employee. 2022, c. 22, Sched. 2, s. 1; 2023, c. 9, Sched. 29, s. 4.
If a career college determines that it has re-employed an individual contrary to clause 3 or section No re-employment, the college shall discharge the employee, and clauses (2) (a) to (c) (see section Discharge or Discipline) shall apply to the discharge. 2022, c. 22, Sched. 2, s. 1: 2023, c. 9, Sched. 29, s. 4 .
Subject to section (6) (see section Exception), an agreement between a career college and any person, including a collective agreement or an agreement settling, existing or contemplated litigation, that is entered into on or after the day section 1 of Schedule 2 to the Strengthening Post-Secondary Institutions and Student Act, 2022 comes into force, shall not contain any term that, directly or indirectly, prohibits the career college or any person related to the career college from disclosing that an allegation or complaint has been made that an employee of the career college committed an act of sexual misconduct toward a student of the career college, and any such term that is included in an agreement is void. 2022, c. 22, Sched. 2, s. 1; 2023, c. 9, Sched. 29, s. 4.
A career college may enter into an agreement that contains a term described in subsection (5) (see section Agreement) if the student requests that the career college do so, provided that,
a. The student has had a reasonable opportunity to receive independent legal advice;
b. There have been no undue attempts to influence the student with respect to the request;
c. The agreement includes an opportunity for the student to decide to waive their own confidentiality int he future and the process for doing so; and
d. The agreement is of a set and limited duration. 2022, c. 22, Sched. 2, s. 1
Contrary term, rule, etc.
(7) Subsections (2) (see section Discharge or Discipline) to (6) (see section Exception) apply despite any contrary term in an employment contract or collective agreement, or any contrary rule or principle of common law or equity. 2022, c. 22, Sched. 2, s. 1.
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:
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 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.
A student making a Complaint will be provided with resolution options and, if appropriate, accommodate, and will not be required or pressure to make a Report.
The process for making complaint about sexual misconduct involving a student is as follows:
Primary Contact: The complaint should be directed to the College Director or individual in an acting role, where the student is studying:
Alternate Contact: In cases where the College director is unavailable or the complaint involves the College Director, you should contact the Director of Curriculum, Quality and Compliance.
Contact Information: Jessica Downie jdownie@oxfordinternational.com
Written Complaint: Submit a detailed written complaint describing the incident(s), including the names of individuals involved, dates, and any other relevant information. Send this per email to the primary contact or the alternate contact if the primary contact is not available or is part of the complaint.
The Primary/Alternate contact will acknowledge receipt of the complaint within 3 business days.
The Primary/Alternate contact will contact the complainant to set up a meeting and discuss the complaint. During this meeting, the Primary/Alternate contact will inform the individual of the available support to them.
The process for making a report of sexual misconduct involving a student is as follows:
Primary Contact: The complaint should be directed to the College Director or individual in an acting role, where the student is studying:
Alternate Contact: In cases where the College director is unavailable or the complaint involves the College Director, you should contact the Director of Curriculum, Quality and Compliance.
Contact Information: Jessica Downie jdownie@oxfordinternational.com
2. Acknowledgement of Receiving Formal Report Request : Once the formal report request is received, the Primary / Alternate Contact (whomever the complaint was submitted to) will acknowledge receipt within 3 business days. Within this initial email acknowledgement, the Primary / Alternate contact will inform the individual that:
3. Initial Meeting
Meeting with the Victim/Survivor: The Primary/Alternate contact meets with the victim/survivor to gather detailed information about the alleged misconduct and explains the investigation process, including available support resources and interim measures if needed.
4. Investigation
The Primary/Alternate Contact will:
5. Interim Measures
Support and Safety Measures: The institution may implement interim measures to ensure the safety and well/being of the complainant and other involved parties. These could include changes in class schedules, educational accommodations, move to online learning.
6. Investigation Report
After completing the investigation, the Primary/Alternate contact will prepare a detailed report summarizing the findings, evidence and conclusions. The Primary/Alternate may share this report with the Director of Curriculum, Quality and Compliance for feedback before a final determination is made. If the Director of Curriculum, Quality and Compliance acts as the Primary Contact, they will discuss with the VP Operations.
7. Resolution
Upon completion of the investigation, a determination will be made regarding the complaint. It will be decided whether the alleged misconduct occurred and, if so, what sanctions are appropriate based on the Sexual Misconduct Policy.
8. Notification
Outcome Communication: Both the complainant and the respondent are informed of the outcomes. This notification includes information on the reasoning behind the decision. This notification will take place both in a meeting and providing the individuals with the written notification of the results.
