Sexual Violence Policy
| Policy details | |
|---|---|
| Revision | Rev. 2, September 2026 (replaces the June 2026 revision) |
| Approved by | Sunview College |
| Policy owner | Campus Manager |
| Review cycle | At least once every three (3) years; next review no later than September 2029 |
| Companion policy | Employee Sexual Misconduct Policy (reviewed and amended together with this Policy) |
If you have experienced sexual violence
If you are in immediate danger, call 911.
Contact the Campus Manager, Renu Atri, at (905) 279-0123 or renu@sunviewcollege.com. The Campus Manager handles sexual violence matters for students at all Sunview College campuses.
- You do not have to report the incident or make a complaint to receive support, services or academic accommodation.
- Supports, services and accommodation are free of charge.
- You will not be disciplined for drug or alcohol use at the time of the incident if you report or make a complaint in good faith.
- You decide whether to ask for an investigation, and you have the right not to take part in any investigation.
- 24/7 community help, including hospital-based Sexual Assault/Domestic Violence Treatment Centres, is listed in Appendix B.
Legislative Authority
This Policy is established and maintained pursuant to section 32.1 of the Ontario Career Colleges Act, 2005 (the “Act”), as consolidated and current to September 11, 2026, and sections 36.0.1 and 36.0.2 of Ontario Regulation 415/06 (General) made under the Act, as consolidated and current to September 11, 2026 (last amendment O. Reg. 96/24). Related requirements in the Regulation are also reflected: s. 3 (1), para. 15.1 (policy filed with the Superintendent), s. 20 (1), para. 11.1 (acknowledgement in the student contract), and ss. 25, 27, 30 and 45 (refunds and student files where a student is expelled). Nothing in this Policy limits any person’s rights under the Criminal Code (Canada) or the Ontario Human Rights Code, including the right to report to police or to apply to the Human Rights Tribunal of Ontario.
1. Purpose and Scope
1.1 Purpose
All students have a right to learn in an environment that is free from any form of sexual violence. This Policy sets out the College’s commitments, the supports available to students, and the process the College will follow to respond to and address incidents and complaints of sexual violence involving students.
1.2 Scope
In accordance with clause 32.1 (2) (a) of the Act, this Policy specifically and solely addresses sexual violence involving students enrolled at Sunview College. It applies whenever a student is the person affected by, or the person alleged to have committed, sexual violence, whether the other person is a student, employee, instructor, contractor, agent, volunteer or visitor. It applies on any College campus, during College-sponsored activities, practicums and placements, and online or off campus where the conduct affects a student’s safety or learning environment.
1.3 Relationship to other College policies
- Employee Sexual Misconduct Policy. Where the person alleged to have committed sexual misconduct is a College employee and the person affected is a student, the concern is received, investigated and decided under the process in this Policy. The rules for employees and the disciplinary measures that may be imposed on employees are set out in the Employee Sexual Misconduct Policy.
- Workplace Violence and Harassment Policy. Sexual violence or harassment between employees that does not involve a student is addressed under the College’s Workplace Violence and Harassment Policy made under the Occupational Health and Safety Act.
- Student Complaint Procedure. As required by subsection 32.1 (3) of the Act, incidents and complaints of sexual violence are addressed under this Policy and not under the College’s Student Complaint Procedure.
- Student Expulsion Policy. If this Policy conflicts with the College’s expulsion policy, this Policy prevails (O. Reg. 415/06, s. 36.0.2 (6)).
2. Definitions
Sexual violence (as defined in subsection 32.1 (1) of the Act): any sexual act or act targeting a person’s sexuality, gender identity or gender expression, whether the act is physical or psychological in nature, that is committed, threatened or attempted against a person without the person’s consent, and includes sexual assault, sexual harassment, stalking, indecent exposure, voyeurism and sexual exploitation.
Sexual assault: a criminal offence under the Criminal Code. It is any unwanted sexual act done by one person to another that violates the sexual integrity of the person, ranging from unwanted touching to penetration, and includes acts carried out through force, threats or control, or where the person has not freely agreed or is incapable of consenting.
Sexual harassment: engaging in a course of vexatious comment or conduct against a person because of sex, sexual orientation, gender identity or gender expression that is known or ought reasonably to be known to be unwelcome; or making a sexual solicitation or advance where the person making it is in a position to confer, grant or deny a benefit or advancement to the other person and knows or ought reasonably to know that it is unwelcome.
Stalking: a form of criminal harassment involving behaviour on more than one occasion that collectively causes a person to fear for their safety or the safety of someone known to them, including unwanted communications (in person, phone, email, social media), following, surveillance, cyber-stalking, unsolicited gifts, threatening gestures and uttering threats.
Indecent exposure: exposing one’s genitals or sexual body parts to another person without their consent, or for a sexual purpose, in person or through electronic means.
Voyeurism: secretly observing or recording another person, for a sexual purpose or where the person has a reasonable expectation of privacy, without their consent.
Sexual exploitation: taking sexual advantage of another person, including by abusing a position of trust, power or authority, or by sharing, or threatening to share, intimate images or recordings of a person without their consent.
Consent: the voluntary, ongoing and affirmative agreement to engage in the specific sexual activity in question. Everyone must understand that:
- Silence, passivity or lack of resistance is never consent.
- A person who is asleep, unconscious, or otherwise unable to communicate cannot consent.
- A person who is threatened, coerced or pressured is not consenting.
- A person who is incapacitated by alcohol or drugs cannot consent.
- A person may be unable to consent if a disability prevents them from understanding the sexual activity.
- Consent to past sexual activity, or an existing relationship, is not consent to any future sexual activity.
- Consent can be withdrawn at any time.
- Consent is not obtained where a person is induced to engage in sexual activity through the abuse of a position of trust, power or authority (for example, an instructor and a student they teach, or a manager and a person who reports to them). Employees are also prohibited from sexual behaviour with students under the Employee Sexual Misconduct Policy.
- No one can give consent on behalf of another person.
The person initiating sexual activity is responsible for ensuring that consent is clearly and affirmatively communicated at every stage, and for knowing whether the other person is a minor. For information, the Criminal Code (s. 273.1) defines consent as the voluntary agreement of the complainant to engage in the sexual activity in question, and provides that no consent is obtained where the agreement is expressed by someone else, the complainant is incapable of consenting, the accused abuses a position of trust, power or authority, or the complainant expresses by words or conduct a lack of agreement to engage, or to continue to engage, in the activity.
Age of consent: sixteen is the legal age of consent in Canada. Children under 12 can never consent. Youth aged 12 and 13 may consent with a partner less than two years older; youth aged 14 and 15 may consent with a partner less than five years older; youth aged 16 and 17 cannot consent to sexual activity with a person in a position of trust or authority over them.
Coercion: unreasonable and persistent pressure for sexual activity, including emotional manipulation, blackmail, threats, or promises of rewards or special treatment. Drug-facilitated sexual assault: the use of alcohol or drugs to control, overpower or subdue a person for the purpose of sexual assault. Acquaintance sexual assault: sexual contact that is forced, manipulated or coerced by a partner, friend or acquaintance.
Disclosure: telling someone at the College about an experience of sexual violence in order to obtain information, support, services or accommodation. A disclosure does not start an investigation.
Report or complaint: providing information about sexual violence to the College and asking the College to respond to or address it, which may include an investigation. A report can be made by the person affected or by someone else (a third party).
Complainant: the person who reports that they experienced sexual violence. Respondent: the person alleged to have committed sexual violence. Survivor: some people who have experienced sexual violence choose to identify as a survivor, and others as a victim; it is the person’s choice how they identify, and this Policy uses both terms.
Campus Manager: the staff member designated as Campus Manager and named in Appendix A, who receives all disclosures, reports and complaints under this Policy and coordinates the College’s response for all campuses. Alternate Contact: the senior staff member named in Appendix A who carries out the Campus Manager’s role when a report concerns the Campus Manager, or when the Campus Manager has a conflict of interest. Appeal Officer: the Vice President, named in Appendix A, who hears appeals under Section 13.
Business day: Monday to Friday, excluding statutory holidays and days the College is closed.
3. Policy Statement and Commitments
Sexual violence is unacceptable and will not be tolerated at Sunview College. Sexual violence can occur regardless of sexual orientation, gender, gender identity, gender expression or relationship status, and people who experience it may face emotional, academic or other difficulties. The College is committed to:
- providing choices, detailed information and support to students affected by sexual violence, including referral to counselling and medical care, information about legal options, and appropriate academic and other accommodation;
- treating students who disclose with compassion, dignity and respect, recognizing that they are the decision-makers about their own best interests;
- challenging myths and attitudes that blame the person who experienced sexual violence;
- making an internal investigation process available even where the student chooses not to report to police;
- responding in a way that is fair to everyone involved and consistent with procedural fairness;
- coordinating the response among College staff so that students do not have to repeat their account unnecessarily;
- providing education, prevention activities and training on this Policy; and
- monitoring and updating this Policy so it remains effective and consistent with the law.
4. Supports, Services and Accommodation
Who to contact. To obtain supports, services or accommodation, a student contacts the Campus Manager (Appendix A). The Campus Manager is the official responsible for arranging supports, services and accommodation (O. Reg. 415/06, s. 36.0.2 (1) (a) and (c)).
Supports available through the College include: a private meeting to listen and explain options; help developing a safety plan; help accessing emergency medical care, a Sexual Assault/Domestic Violence Treatment Centre or police, if the student wishes; referral to counselling and community services (Appendix B); help contacting a family member or friend; and ongoing check-ins.
Academic and other accommodation. In accordance with s. 36.0.1 of O. Reg. 415/06, the College will appropriately accommodate the needs of students affected by sexual violence. Examples include extensions or rescheduling of assignments and tests, a change of class section, schedule or campus, a leave of absence or deferral to a later intake, alternative delivery arrangements where available, and changes to a practicum or placement. Accommodation is provided at no additional cost to the student. Where an accommodation changes a term of the student’s contract (for example, the start or expected completion date, the schedule or method of delivery, or the location of instruction or a practicum), the change is agreed with the student in writing and a copy is given to the student. International students are told to seek advice on any effect on their study permit before agreeing to a change.
No fees. The College does not charge a fee for supports, services or accommodation, or for referring a student to supports or services available off campus (O. Reg. 415/06, s. 36.0.1 (2)).
No report required. A student is not required to report an incident of, or make a complaint about, sexual violence under the process in this Policy in order to obtain supports, services or accommodation (O. Reg. 415/06, s. 36.0.2 (1) (d)).
Amnesty for drug or alcohol use. If a student, in good faith, reports an incident of, or makes a complaint about, sexual violence, the student will not be subject to discipline or sanctions for violations of the College’s policies relating to drug or alcohol use at the time the alleged sexual violence occurred (O. Reg. 415/06, s. 36.0.2 (1) (d.1)).
5. Roles and Responsibilities
The following responsibilities apply when a person becomes aware of an incident or complaint of sexual violence involving a student (O. Reg. 415/06, s. 36.0.2 (2), para. 13).
| Who | Responsibilities on becoming aware of an incident or complaint |
|---|---|
| Owners, corporate directors, controlling shareholders, partners and other persons who manage or direct the College | Ensure this Policy is implemented and resourced; ensure the Campus Manager and Alternate Contact roles are filled; refer any incident or complaint to the Campus Manager without delay; do not take part in the response to a matter in which they have a conflict of interest. |
| Campus Manager | Receive all disclosures, reports and complaints; listen without judgement; provide information on supports, options and this Policy; help access emergency care; respect the student’s choices; arrange supports and accommodation; decide whether an incident or complaint will be investigated; put interim measures in place; investigate or designate an investigator; make decisions under Section 9; keep records secure; report data to the Superintendent when requested. |
| Alternate Contact and Appeal Officer (Vice President) | Carry out the Campus Manager’s role for any matter that concerns the Campus Manager or in which the Campus Manager has a conflict of interest; hear appeals under Section 13. |
| Instructors and other employees, contractors and agents (including recruitment agents) | Respond with compassion; do not investigate on their own; provide the student with the contact information in Appendix A; notify the Campus Manager of the disclosure within one business day so that supports can be offered (without identifying the student if the student has asked that their identity not be shared, unless an exception in Section 12 applies); take immediate action to stop sexual violence they witness where it is safe to do so; cooperate with investigations and keep information confidential. |
| Students | Refrain from sexual violence; report sexual violence they witness or know of, if they feel able to; cooperate with any investigation they agree to take part in; respect interim measures and outcomes; keep information learned through a process confidential. |
6. How to Disclose, Report or Make a Complaint
A student who has experienced sexual violence can choose one or more of the following: disclose to get support only; report to or make a complaint to the College; report to police; or do none of these. The College will respect the student’s choice, subject only to the safety considerations in Section 8.
6.1 To whom reports and complaints are made
All reports and complaints of sexual violence, from students at any campus, are made to the Campus Manager, Renu Atri, (905) 279-0123, renu@sunviewcollege.com (O. Reg. 415/06, s. 36.0.2 (2), para. 1). If the report concerns the Campus Manager, it is made to the Alternate Contact, Alpa Patel, Vice President, (416) 409-2404, alpa@sunviewcollege.com.
6.2 How to report
- Reports and complaints may be made in person, by telephone, by email or in writing. No special form is required. If a report is made verbally, the College will write it down and ask the complainant to confirm that it is accurate.
- Reports may be made by a third party (for example, a witness). Anonymous reports are accepted and will be used to offer supports and assess safety, but the College’s ability to investigate an anonymous report may be limited.
- Students may report to police at any time by calling 911 (emergency) or the non-emergency line of the local police service. The College will help a student contact police if the student wishes.
6.3 What happens next
| Step | Timeline |
|---|---|
| The College acknowledges receipt of the report or complaint. | Within 1 business day |
| The Campus Manager offers the complainant a meeting to explain supports, accommodation, options (including informal measures and the option not to proceed), rights under this Policy and the investigation process. | Within 5 business days of receipt |
| The Campus Manager decides whether the incident or complaint will be investigated (Section 8) and informs the complainant in writing. | Within 10 business days of receipt |
| Interim measures are implemented where needed (Section 10). | Within 1 business day of the decision to implement them |
6.4 Addressing Complaints
A victim may choose to confide in anyone about an act of sexual violence, such as another student, an instructor or a staff member. Everyone at the College has access to basic information on how to provide a compassionate and reassuring response, and on how to direct the student to the Campus Manager.
The process for responding to and addressing incidents and complaints of sexual violence involving students is as follows.
Step 1: First response. The first responder at the College is the Campus Manager, who will provide information about campus and community services that are immediately available. The Campus Manager will:
- listen without judgement and accept the disclosure as true;
- understand that communicating about sexual violence is never the responsibility of the victim;
- help the survivor identify and access available on- or off-campus services, including emergency medical care;
- respect the survivor’s right to choose the services they feel are most appropriate and to decide whether to report to police;
- recognize that disclosure can be traumatic and that a survivor’s ability to recall the events may be limited;
- respect the survivor’s choices as to what and how much they disclose about their experience; and
- make every effort to respect confidentiality and anonymity, within the limits in Section 12.
Step 2: Support and options. The Campus Manager will also:
- help the victim decide whether to formally report the incident, including by explaining the criminal justice process and the College’s process under this Policy (reports do not use the Student Complaint Procedure or its form);
- help the victim develop a safety plan;
- provide referrals to counselling, peer groups and other campus and community services (Appendix B);
- arrange academic accommodation, such as extensions on assignments, a request to drop a class, or continuing studies remotely where available (Section 4);
- support any other requested change the College can reasonably make to help the victim feel safe; and
- if requested, help the survivor contact family members or friends.
Step 3: College response. Where appropriate, the Campus Manager may also:
- decide whether the incident or complaint will be investigated (Section 8) and conduct or designate an investigation (Section 9). In some circumstances, an investigation can only be pursued by a police service;
- implement interim measures to manage the respondent while an investigation is taking place (Section 10), with the guidance of the local police service where appropriate;
- put in place measures to protect the victim from the respondent, such as no-contact directives (Sections 7 and 10); and
- cooperate with local police in their investigations.
7. Protection from Retaliation
It is a breach of this Policy for anyone to retaliate, engage in reprisals, or threaten to retaliate against a person because they disclosed, reported or made a complaint about sexual violence, participated in an investigation, or are associated with someone who did. Retaliation may result in discipline or other measures. Examples of measures the College may implement to protect a person from retaliation and the threat of retaliation (O. Reg. 415/06, s. 36.0.2 (2), para. 2) include:
- issuing a written no-contact directive, including no contact through third parties or social media;
- changing the respondent’s class section, schedule, practicum or campus, rather than the complainant’s, where practicable;
- restricting the respondent’s access to specified College locations, events or online learning platforms;
- reminding all parties and witnesses in writing that retaliation is prohibited;
- safety planning with the complainant, including safe arrival and departure arrangements; and
- contacting police where there is a threat to safety.
No employee, including the Campus Manager and the Alternate Contact, will face any employment consequence for carrying out their role under this Policy in good faith.
8. Deciding Whether an Incident or Complaint Will Be Investigated
Your choice. A victim may choose not to request an investigation by the College, and has the right not to participate in any investigation that may occur (O. Reg. 415/06, s. 36.0.2 (2), para. 4). A complainant may also withdraw a complaint at any stage.
How the decision is made (O. Reg. 415/06, s. 36.0.2 (2), para. 3). The Campus Manager decides whether an incident or complaint will be investigated, considering:
- the wishes of the complainant;
- whether the respondent is a student, employee, contractor or agent of the College, or otherwise within the College’s ability to act;
- whether there is a risk to the safety of the complainant or others at the College, for example where there are multiple reports about the same respondent, the alleged conduct involved violence, weapons or threats, or the respondent holds a position of authority over students;
- whether enough information is available to conduct a fair investigation; and
- whether a police investigation or criminal proceeding is under way (the College may pause its investigation at the request of police, but will continue to provide supports and interim measures).
The College will generally not investigate without the complainant’s agreement. It may investigate without that agreement only where necessary to protect the safety of the complainant or others or to meet a legal obligation. In that case the Campus Manager will, where possible, tell the complainant before the investigation begins, explain why, and confirm that the complainant is not required to take part. The complainant and, where an investigation proceeds, the respondent will be told of the decision in writing.
9. Investigation and Decision-Making Process
9.1 Who is involved at each stage
The following officials are involved at each stage of the investigation and decision-making processes (O. Reg. 415/06, s. 36.0.2 (2), para. 6):
| Stage | Official responsible |
|---|---|
| Intake, supports and accommodation | Campus Manager |
| Decision to investigate and interim measures | Campus Manager |
| Investigation | Campus Manager, or a trained staff member designated by the Campus Manager who has had no prior involvement in the matter |
| Decision on findings and measures | Campus Manager (for an employee respondent, disciplinary measures are imposed under the Employee Sexual Misconduct Policy) |
| Appeal | Appeal Officer: Alpa Patel, Vice President. If she acted in the matter as Alternate Contact, the appeal is heard by a senior staff member she designates who had no involvement in the investigation or the decision. |
Conflicts of interest. No person may act in any role if they are a party or witness, or have a personal relationship or other conflict of interest. If the Campus Manager is the subject of a report or has a conflict of interest, the Alternate Contact carries out every role the Campus Manager would otherwise hold for that matter. Any party may raise a concern about a conflict of interest in writing with the Campus Manager (or the Alternate Contact, if the concern is about the Campus Manager). If the Vice President is a party to, or has a conflict of interest in, a matter under appeal, the Campus Manager designates a senior staff member with no involvement to hear the appeal.
9.2 Investigation
The investigation and decision-making processes (O. Reg. 415/06, s. 36.0.2 (2), para. 5) are as follows:
- Notice to the respondent. The respondent receives written notice of the allegations with enough detail to respond, the name of the investigator, a copy of this Policy, and a reminder that retaliation is prohibited.
- Interviews. The investigator interviews the complainant (if they agree to take part), the respondent and relevant witnesses. The complainant will not be required to meet or be questioned in the presence of the respondent.
- Evidence. Each party may identify witnesses and provide documents, messages or other evidence. Each party is given the relevant evidence relied on and an opportunity to respond to it.
- No irrelevant questions. Students who disclose their experience of sexual violence through reporting an incident of, making a complaint about, or accessing supports and services for sexual violence, will not be asked irrelevant questions during the investigation process by the College’s staff or investigators, including irrelevant questions relating to the student’s sexual expression or past sexual history (O. Reg. 415/06, s. 36.0.2 (2), para. 14).
- Standard of proof. The investigator decides whether it is more likely than not (balance of probabilities) that the alleged conduct occurred and whether it breached this Policy, and prepares a written report.
- Timeline. The College aims to complete investigations within 60 calendar days of the decision to investigate. If more time is needed, both parties will be told in writing, with reasons and a new expected date.
- Decision. Within 10 business days of receiving the investigation report, the decision-maker decides what findings to accept and what measures, if any, to impose (Section 11). Both parties receive the decision in writing with reasons. The complainant is told of the outcome and of any measures that affect them, subject to privacy law.
9.3 Procedural fairness
The following elements of procedural fairness are part of the investigation and decision-making processes (O. Reg. 415/06, s. 36.0.2 (2), para. 7):
- no finding or sanction is made against anyone without an investigation under this Policy and without their knowledge;
- the respondent receives reasonable notice and full detail of the allegations and a real opportunity to respond;
- each party can provide evidence and suggest witnesses, and can respond to the evidence relied on;
- investigators and decision-makers are impartial, trained and free of conflicts of interest;
- the process is completed in a timely way, and parties are kept informed of its progress and of any delay;
- decisions are made on the balance of probabilities, in writing, with reasons; and
- each party has the right to appeal (Section 13).
9.4 Right to be accompanied
A party to an investigation or decision-making process has the right to have a person present with them at every stage of the process (O. Reg. 415/06, s. 36.0.2 (2), para. 8). The person may be a friend, family member, advocate, union representative, interpreter or lawyer (at the party’s own cost), but may not be a witness in the same matter.
10. Interim Measures
While an incident or complaint is being investigated, or while a decision is being made, the Campus Manager may put interim measures in place to protect the safety and well-being of the complainant and the College community. Interim measures are not a finding that anyone has breached this Policy, are the least restrictive measures that address the risk, and are reviewed if circumstances change. Examples (O. Reg. 415/06, s. 36.0.2 (2), para. 9) include:
- a no-contact directive between the parties;
- changes to the respondent’s class section, schedule, campus, practicum or placement;
- remote or alternative delivery of coursework for either party, where available and where the party agrees;
- restricting the respondent’s access to specified College premises, events or online platforms;
- for a student respondent, a temporary suspension from classes pending the outcome, where there is a serious risk to safety;
- for an employee respondent, removal from teaching, supervising or any contact with the complainant, or a non-disciplinary paid administrative leave; and
- academic accommodation and safety planning for the complainant.
11. Decisions and Measures After an Investigation
After an incident or complaint is investigated, the decision-maker may make decisions and impose measures such as the following (O. Reg. 415/06, s. 36.0.2 (2), para. 10).
11.1 Examples of decisions
- the allegations are substantiated, in whole or in part, and the respondent breached this Policy;
- the allegations are not substantiated, or there is insufficient evidence to find a breach (a complaint made in good faith is simply dismissed); or
- the complaint was made in bad faith (see Section 14).
11.2 Examples of measures that may be imposed
| Respondent | Examples of measures |
|---|---|
| Student | Written warning; mandatory education on consent and respectful conduct; a continuing no-contact directive; change of section, schedule, campus or placement; restriction from College premises, events or online platforms; suspension for a defined period; expulsion (see Section 11.4); referral to police where appropriate. |
| Employee | Measures under the Employee Sexual Misconduct Policy, ranging from a written warning and mandatory training to suspension without pay and termination of employment. An employee discharged for sexual misconduct toward a student, or who resigns, will not be re-employed. |
| Contractor, agent, volunteer or visitor | Termination of the contract, agency agreement or volunteer role; a notice prohibiting entry to College premises; referral to police where appropriate. |
In deciding on measures, the decision-maker considers the nature and severity of the conduct, whether there was an abuse of trust, power or authority, any pattern of conduct or prior findings, the impact on the complainant, the safety of the College community, and any acknowledgement of responsibility.
11.3 Measures to support the complainant
Continued or new academic accommodation; the opportunity to repeat or complete a course, test or placement affected by the incident; continued safety planning; and referral to counselling and community services.
11.4 Expulsion of a student respondent
Sexual violence, as found through an investigation under this Policy, is a reason for expulsion permitted under the College’s Student Expulsion Policy, and if the two policies conflict, this Policy prevails (O. Reg. 415/06, s. 36.0.2 (6)). Where a student is expelled:
- the student is given a written notice of expulsion setting out the decision and reasons, and the right to appeal under Section 13;
- fees are refunded in accordance with the College’s fee refund policy and ss. 24 to 33 of O. Reg. 415/06, and any refund is issued within 30 days after the written notice of expulsion is given (O. Reg. 415/06, ss. 27 (1) (b) and 30);
- a copy of the expulsion letter and any refund calculation is kept in the student’s file as required by O. Reg. 415/06, s. 45 (1), para. 5. The letter does not name the complainant, and the investigation file stays in the confidential file described in Section 12.
12. Confidentiality and Protection of Personal Information
The College will implement the following measures to protect and keep confidential the personal information of persons involved in the investigation of an incident or complaint (O. Reg. 415/06, s. 36.0.2 (2), para. 11):
- information is shared only with those who need it to provide supports, implement accommodation or interim measures, investigate, make decisions or hear an appeal (“need to know”), and accommodation instructions to instructors do not reveal the reason for the accommodation;
- records are kept in a secure, restricted-access physical or electronic file, separate from the student’s academic record and student file, and retained for at least three years after the final decision or appeal decision;
- the complainant’s name is never released publicly, and no report of an incident is placed on a complainant’s academic record;
- parties, witnesses and support persons are asked in writing to keep information learned through the process confidential (this does not prevent a party from seeking support, counselling or legal advice); and
- data provided to the Superintendent of Career Colleges does not disclose personal information (Act, s. 32.1 (9)).
Limits of confidentiality. Information may be shared without consent only where: an individual is at imminent risk of self-harm; an individual is at imminent risk of harming another; there are reasonable grounds to believe that others in the College community may be at significant risk of harm; disclosure is required by law (for example, a duty to report a child in need of protection); or disclosure is necessary to ensure procedural fairness in an investigation (for example, telling a respondent what is alleged). In these cases, only the information necessary is shared, with only those who need it, and the person will be told where possible.
13. Appeals
The appeal process (O. Reg. 415/06, s. 36.0.2 (2), para. 12) is as follows:
- Who may appeal. The complainant or the respondent may appeal a decision made after an investigation.
- Grounds. (a) a procedural error that could have affected the outcome; (b) new evidence that was not reasonably available during the investigation and could have affected the outcome; (c) the decision or measures are unreasonable or disproportionate on the evidence; or (d) bias or a conflict of interest.
- How and when. A written appeal stating the grounds, with any supporting documents, must be submitted within 10 business days of receiving the written decision, to the Appeal Officer, Alpa Patel, Vice President, (416) 409-2404, alpa@sunviewcollege.com (or to the substitute Appeal Officer where Section 9.1 applies).
- Response. The other party is notified and may respond in writing within 5 business days.
- Decision. The Appeal Officer, who will have had no prior involvement, reviews the record and may confirm, vary or set aside the decision, or order a new investigation. A written decision with reasons is issued within 20 business days of receiving the appeal.
- During an appeal, interim measures and supports remain in place. The appeal decision is final within the College and does not limit any right to report to police or to apply to the Human Rights Tribunal of Ontario.
14. Complaints Made in Bad Faith
A complaint made in good faith that is not supported by the evidence will be dismissed, and the complainant will not face any consequence. Only a complaint found through an investigation to be knowingly false, frivolous or vexatious (made to deliberately harm, embarrass or annoy the respondent) may result in measures against the person who made it.
15. Training and Awareness
The College provides training on this Policy, including the process for responding to and addressing incidents and complaints of sexual violence and each of the elements set out in s. 36.0.2 (2) of O. Reg. 415/06, to (O. Reg. 415/06, s. 36.0.2 (4) and (5)):
- corporate directors, controlling shareholders, owners, partners and other persons who manage or direct the affairs of the College, and their agents;
- instructors, staff and other employees and contractors of the College, including the Campus Manager and the Alternate Contact; and
- students enrolled at the College, at orientation.
The College keeps a record of who has completed training.
16. Publication, Contracts, Student Input, Review and Reporting
- Publication. This Policy is published on the College website and a print copy is available at every campus (O. Reg. 415/06, s. 36.0.2 (3)).
- Contracts. This Policy is included in every contract between the College and a student (Act, s. 32.1 (4)), and every contract for a vocational program includes the student’s acknowledgement that they have received a copy of this Policy (O. Reg. 415/06, s. 20 (1), para. 11.1).
- Filing with the Superintendent. A copy of this Policy forms part of the College’s registration record (O. Reg. 415/06, s. 3 (1), para. 15.1). Amendments to this Policy are set out in the College’s next application for renewal of registration (O. Reg. 415/06, s. 3 (3)).
- Student input. The College considers student input in the development of this Policy and every time it is reviewed or amended, through a student survey or consultation session and a feedback form available from the Campus Manager (Act, s. 32.1 (5)).
- Review. This Policy is reviewed at least once every three years and amended as appropriate, together with the Employee Sexual Misconduct Policy so the two remain consistent (Act, s. 32.1 (6)).
- Reporting. The College collects, and provides to the Superintendent of Career Colleges on request, data and information about supports, services and accommodation requested and obtained; awareness initiatives; incidents and complaints reported by students; and the implementation and effectiveness of this Policy, and participates in any survey the Superintendent directs (Act, s. 32.1 (8) to (11)). The Superintendent may publish this data (Act, s. 49 (5.1)), so it is always provided without personal information.
17. Cross-References
| Statute / resource | Reference |
|---|---|
| Ontario Career Colleges Act, 2005 | https://www.ontario.ca/laws/statute/05p28 |
| O. Reg. 415/06 (General), current consolidation | https://www.ontario.ca/laws/regulation/060415 |
| Criminal Code, R.S.C. 1985, c. C-46 | https://laws-lois.justice.gc.ca/eng/acts/C-46/ |
| Ontario Human Rights Code | https://www.ontario.ca/laws/statute/90h19 |
| Occupational Health and Safety Act | https://www.ontario.ca/laws/statute/90o01 |
| Sunview College policies | Employee Sexual Misconduct Policy; Workplace Violence and Harassment Policy; Student Expulsion Policy; Fee Refund Policy; Student Complaint Procedure (not used for sexual violence) |
Appendix A: College Contacts
| Role | Name | Contact |
|---|---|---|
| Campus Manager (all disclosures, reports and complaints, for all campuses) | Renu Atri | (905) 279-0123; renu@sunviewcollege.com |
| Alternate Contact and Appeal Officer, Vice President (reports concerning the Campus Manager; appeals) | Alpa Patel | (416) 409-2404; alpa@sunviewcollege.com |
Appendix B: Community Supports
| Area | Resource | Telephone |
|---|---|---|
| Emergency | Police, fire, ambulance | 911 |
| Ontario | Good2Talk: Post-Secondary Student Helpline (24/7) | 1-866-925-5454 |
| Ontario | Assaulted Women’s Helpline (24/7) | 1-866-863-0511 |
| Ontario (French) | Fem’aide (24/7) | 1-877-336-2433 |
| Ontario | Ontario Network of Sexual Assault/Domestic Violence Treatment Centres, 76 Grenville Street, Toronto ON M5S 1B2 | (416) 323-7327 |
| Toronto | Toronto Rape Crisis Centre | (416) 597-8808 |
| York Region | Women’s Support Network of York Region | 1-800-263-6734 / (905) 895-7313 |
| Newmarket | Abuse Hurts / Canadian Centre for Abuse Awareness | (905) 727-4357 |
| Peel | Hope 24/7: Sexual Assault Centre of Peel | 1-800-810-0180 |
| Durham | Durham Rape Crisis Centre | (905) 668-9200 |
Sexual Assault/Domestic Violence Treatment Centres are hospital-based centres providing 24/7 emergency care, including crisis intervention, emergency medical care, collection of forensic evidence, emergency contraception and preventative treatment for sexually transmitted infections, medical follow-up, counselling and referrals. It is your decision whether to have evidence collected and whether to report to police. Centres can also test for drugs if you think you were drugged.
Sexual Assault/Rape Crisis Centres (www.sexualassaultsupport.ca) offer 24-hour crisis lines, individual and group counselling, accompaniment to court, police and hospital, legal information and referrals to people aged 16 and over, with French-language services in designated areas.
Sunview College | Sexual Violence Policy | Rev. 2 | September 2026
