Definition

(1)“Sexual misconduct” means, in relation to a student enrolled at a career 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 career college where,

(i) the act constitutes an offence under the Criminal Code (Canada),

(ii) the act infringes the right of the student under clause 7 (3) (a) of the Human Rights Code to be free from a sexual solicitation or advance, or

(iii) the act constitutes sexual misconduct as defined in the career college’s employee sexual misconduct policy or contravenes the policy or any other policy, rule or other requirement of the career college respecting sexual relations between employees and students, or

(b) any conduct by an employee of the career college that infringes the right of the student under clause 7 (3) (b) of the Human Rights Code to be free from a reprisal or threat of reprisal for the rejection of a sexual solicitation or advance.

Discharge or discipline

(2)  If an employee of Sunview college commits an act of sexual misconduct toward a student enrolled at Sunview College, the college might 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 measure; and

(c)despite subsection 48 (17) 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 other penalty for the discharge or disciplinary measure imposed by the career college.

No re-employment

(3)  If an employee of a Sunview college commits an act of sexual misconduct toward a student enrolled at  the college and the college discharges the employee for that act or the employee resigns from their employment, the college shall not subsequently re-employ the employee.

Same

(4)  If Sunview college determines that it has re-employed an individual contrary to subsection (3), the college shall discharge the employee, and clauses (2) (a) to (c) shall apply to the discharge.

Agreement

(5)  Subject to subsection (6), an agreement between Sunview 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 Students Act, 2022 comes into force, shall not contain any term that, directly or indirectly, prohibits the college or any person related to the college from disclosing that an allegation or complaint has been made that an employee of the college committed an act of sexual misconduct toward a student of the college, and any such term that is included in an agreement is void.

Exception

(6)  Sunview college may enter into an agreement that contains a term described in subsection (5) if the student requests that the 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 in the future and the process for doing so; and

(d)the agreement is of a set and limited duration.

Reference:

Section 32.0.1 Ontario Career Colleges Act, 2005, S.O. 2005, c. 28, Sched. L