Student Sexual Violence and Harassment Policy

Sexual Violence and Harassment under the Ontario Regulation 415/06

6.8 Workplace Violence and Harassment Policy

Purpose:

North American Transport Driving Academy. is committed to providing a safe and healthy Learning environment free from actual, attempted or threatened violence or harassment for all of our team members. North American Transport Driving Academy will not tolerate any form of violence or harassment from any employee or student, at any time. This is the company-wide policy intended to prevent violence and harassment of any type, including sexual harassment, in order to deal quickly and effectively with any incident that might occur.

Scope:

This policy applies to all Students and Staff as defined below and covers not only incidents that occur on company premises, but extends to the company workplace as defined below.

Definitions:

Worker: For the purpose of this policy, a worker includes but is not limited to: Company employees (drivers, office staff), agency employees Instructors, supervisors, managers and any person engaged in business with the company.

Student: He or she that is enrolled in training from Noth American Transport Driving Academy

Workplace or Training Area: For the purposes of this policy, the workplace or Learning Area includes any location in which employees or students are engaged in North American Transport Driving Academy. business activities necessary to perform their assignments.

This includes, but is not limited to:

• Company grounds (buildings, parking lots, sidewalks, and driveways)
• Client grounds (buildings, homes, parking lots, sidewalks and driveways)
• Company Vehicles
• Off-site locations where business occurs
• Travel for company business
• Company social events

Work Place and Training Area Violence:

• The exercise of physical force by a person against a student, in a Training area, that causes or could cause physical injury to the Student.
• An attempt to exercise physical force against a student, in a Training area, that could cause physical injury to the student.
• A statement or behaviour that it is reasonable for a student to interpret as a threat to exercise physical force against the student, in a workplace, that could cause physical injury to the student.

Workplace Training area Harassment:

• Engaging in a course of vexatious comment or conduct against a Student in a workplace that is known or ought reasonably to be known to be unwelcome.
• Workplace Training area harassment may include bullying, intimidating or offensive jokes or innuendos, displaying or circulating offensive pictures or materials, or offensive or intimidating phone calls.

Sexual Harassment:

• Sexual harassment is a violation of the Ontario Human Rights Code. Unwanted sexual advances, unwanted requests for sexual favours, and other unwanted verbal or physical conduct of a sexual nature constitute sexual harassment. The behaviour need not be intentional in order to be considered sexual harassment.

Examples of harassment and violence which will NOT be tolerated by The North American Transport Driving Academy, whether indirect or explicit, are as follows:

• Verbal or physical abuse
• Threats
• Bullying
• Stalking
• Derogatory remarks, jokes, innuendo or taunts about any employee’s Students appearance, religious beliefs, colour, place of origin, mental or physical disabilities, ancestry, marital status, family status, or gender
• Displays of pornographic, racist or offensive signs or images
• Practical jokes which result in awkwardness or embarrassment
• Unwelcome invitations or requests
• Pinching, patting, rubbing or leering, “dirty” jokes, comments, suggestions, innuendoes, requests or demands of a sexual nature.
• Bringing weapons to the training area.

Sexual violence policy

1. A private career college shall ensure that its sexual violence policy,
1. (a) provides information about the supports and services available at the private career college or through its agent for students who are affected by sexual violence, and identifies the specific official, office or department at the private career college that should be contacted to obtain such supports and services;
2. (b) provides information about the supports and services available in the community for students who are affected by sexual violence;
3. (c) informs students that the private career college will appropriately accommodate the needs of students who are affected by sexual violence, and identifies the specific official, office or department at the private career college that should be contacted to obtain such accommodations;
4. (d) informs students that they are not required to report an incident of, or make a complaint about, sexual violence under the process referred to in paragraph 1 of subsection (2) in order to obtain the supports and services referred to in clause (a) or the accommodation referred to in clause (c); and
5. (d.1) informs students that if they, in good faith, report an incident of, or make a complaint about, sexual violence, they will not be subject to discipline or sanctions for violations of the private career college’s policies relating to drug or alcohol use at the time the alleged sexual violence occurred; and
6. (e) includes the information set out in subsection (2) respecting the private career college’s process for responding to and addressing incidents and complaints of sexual violence, as required by clause 32.1 (2) (b) of the Act. O. Reg. 132/16, s. 3.
2. For the purposes of clause (1) (e), a sexual violence policy shall include the following information:
1. 1. The process to be followed by persons who wish to report an incident of, or make a complaint about, sexual violence including the specific official, office or department to whom the incident should be reported or the complaint should be made.
2. 2. Examples of the measures that may be implemented for the purpose of protecting a person reporting an incident of, or making a complaint about, sexual violence from retaliation and the threat of retaliation.
3. 3. The process for deciding whether an incident or complaint of sexual violence will be investigated by the private career college.
4. 4. The statement that a victim may choose not to request an investigation by the private career college, and has the right not to participate in any investigation that may occur.
5. 5. The investigation and decision-making processes at the private career college that will take place if an incident or complaint of sexual violence is investigated.
6. 6. The specific officials, offices or departments that will be involved in each stage of the investigation and decision-making processes.
7. 7. A description of the elements of procedural fairness that will be part of the investigation and decision-making processes.
8. 8. The statement that a party to an investigation or decision-making process has the right to have a person present with him or her at every stage of the process.
9. 9. Examples of the interim measures that may be implemented while an incident or complaint is being investigated or a decision is being made regarding the incident or complaint.
10. 10. Examples of the decisions that may be made and measures that may be imposed after an incident or complaint is investigated.
11. 11. The measures that will be implemented to protect and keep confidential the personal information of the persons involved in the investigation of an incident or complaint.
12. 12. A description of the appeal processes that may be available related to decisions resulting from the investigation process.
13. 13. The roles and responsibilities of the corporate directors, controlling shareholders, owners, partners, other persons who manage or direct the affairs of the private career college, agents, students, instructors and other employees upon becoming aware of incidents or complaints of sexual violence. O. Reg. 132/16, s. 3.
14. 14. A statement that 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 private career college’s staff or investigators, including irrelevant questions relating to the student’s sexual expression or past sexual history.
3. The sexual violence policy shall be published on the private career college’s website or, where the private career college does not have a website, posted in a conspicuous location at each of its campuses. O. Reg. 132/16, s. 3.
4. A private career college shall provide or make available training on its sexual violence policy to the following persons:
   1. 1. Corporate directors, controlling shareholders, owners, partners and other persons who manage or direct the affairs of the private career college, and their agents.
   2. 2. Instructors, staff and other employees and contractors of the private career college.
   3. 3. Students enrolled at the private career college. O. Reg. 132/16, s. 3.
5. The training shall include training on the private career college’s process for responding to and addressing incidents and complaints of sexual violence, including the elements set out in subsection (2). O. Reg. 132/16, s. 3.
6. If a private career college’s sexual violence policy conflicts with its expulsion policy, the sexual violence policy prevails. O. Reg. 132/16, s. 3.

6.8.1 Risk Assessment:

North American Transport Driving Academy will attempt to identify potential risk factors associated with violence for all Students. Controls associated to reduce the risks will also be identified. Where there is a concern that a risk is not sufficiently controlled then additional controls will be discussed and where required implemented.

Domestic Violence: Any employee or student experiencing violence outside the workplace or training area that may create a risk of danger to themselves or others in the workplace is encouraged to report such violence so that the company can take reasonable preventive measures.

Individuals with a History of Violence: The Company has an obligation to warn students of the identity and personal details of an individual with a history of violent behaviour where there is a risk of workplace violence being perpetrated by that person.

Such information will only be provided where:

• The student could reasonably be expected to encounter that person in the course of his or her course; and
• The risk of workplace or training violence is likely to expose the student to injury.

Confidentiality will be maintained wherever possible. Information which relates to potentially violent individuals will be shared with Students only on a need to know basis. Students are therefore expected to maintain confidentiality where they are in receipt of this type of sensitive personal information.

6.8.2 Students Rights:

• An environment that is free from harassment and violence.
• A fair appeal process for both the respondent and complainant
• Obtain an investigation of the complaint without fear of embarrassment or reprisal
• Have a fair hearing
• Notice of complaints against them
• Be kept informed throughout the process and of remedial action taken
• Confidentiality to the degree possible under the circumstances
• Representation by a third party
• File a complaint when the environment is not free from harassment

Instruction / Training:

All owners, Managers ,Staff and Students will be provided with workplace violence and harassment training to ensure a safe workplace for all employees. North American Transport Driving Academy will also provide employees with the opportunity to take training in the area of diffusing anger, resistance and hostility if requested or required.

6.8.3 Roles and Responsibilities

Prevention:

Prevention is always the first line of defense against occurrences of violence or harassment. All employees are reminded of their obligation to follow and adhere to policies and procedures aimed at ensuring a positive work environment and the highest level of care for Students.

Responsibility of Management:

It is the responsibility of managers or supervisors within the Company to take immediate and appropriate action to report or deal with incidents of violence or harassment of any type whether brought to their attention or personally observed. They will provide assurance to Students that allegations of harassment or Sexual violence will be promptly, thoroughly and fairly investigated and that no compliant will suffer any form of management reprisal as a result of making a complaint in good faith. Management will implement training and practical strategies for de-escalating conflict and dealing with anger, frustration and conflict in the workplace and with Students in a constructive and professional manner. Management will regularly monitor and identify the risks and hazards that lead to workplace violence and take active steps to mitigate those risks.

• North American Transport Driving Academy will appropriately accommodate the needs of a student that was or is affected by sexual violence
• No formal report of an incident of sexual violence is necessary to access, supports, services, or accommodations.
• North American Transport Driving academy will post at each Campus a copy of the Sexual Violence and Harassment Policy in an conspicuous Location

Under no circumstances should a legitimate complaint be dismissed or downplayed nor should the complainant be told to deal with it personally.

Responsibility of Employees:

All employees are responsible for contributing to a positive work environment and for identifying and discouraging comments or activities that are contrary to this policy. This includes advising people or the alleged harasser that his/her behaviour is unwelcome.

Where a situation occurs or where an employee believes a situation has occurred, he/she is obligated to report it to their supervisor / manager. If a situation occurs which involves their supervisor/manager, or if their supervisor/manager does not intervene appropriately, the employee/ volunteer may report the situation to their Human Resources Representative or senior management.

6.8.4 Reporting and Investigation:

A person who considers that he or she has been subjected to harassment, discrimination, or violence (or retaliation for having bought forward an allegation of harassment, discrimination or violence) is encouraged to bring the matter to the attention of the person(s) responsible for the conduct.

The person should, when possible:

1. Approach the harasser and advise that person to stop the offensive conduct, and/or
2. Tell the harasser why the conduct is offensive. This can be done verbally, by letter, or by giving or sending a copy of this policy, outlining the conduct that is offensive.
3. Document the issue and keep a record detailing the incident (write down what was said or done, who might have witnessed it, and the date, time and location) or, If uncomfortable in bringing the matter directly to the attention of the person responsible, or where such an approach is attempted and does not produce a satisfactory result, the person should contact any In-house Staff at North American Transport Driving Academy Office’s.

The person will be advised of the options for proceeding with the complaint, including:

1. Informal Resolution for allegations of Harassment or Violence. This process uses mediation, negotiation, and conflict resolution techniques to resolve the complaint.
2. Formal Resolution for allegations of Harassment or Violence. If the issue cannot be resolved informally, a formal complaint resolution can be pursued. The employee will be informed of the process for investigating.

All allegations of harassment or violence, whether informal or formal, will be handled as expediently and discreetly as possible with regard to maintaining the dignity and respect of both the complainant and the alleged.

6.8.5 Investigation of Formal Complaints

A formal allegation of violence or harassment that is lodged will be investigated thoroughly. If appropriate, North American Transport Driving Academy will retain an external advisor to complete the investigation.

Please follow these guidelines to deal with a complaint:

1. Once a complaint is received, it will be kept strictly confidential. An investigation will be undertaken immediately and all necessary steps taken to resolve the problem. If appropriate, action taken may include conciliation.
2. Both the complainant and the alleged harasser will be interviewed, as will any individuals who may be able to provide relevant information. All information will be kept in confidence.
3. If the investigation reveals evidence to support the complaint of harassment, the harasser will be disciplined appropriately.
   a. Discipline could include suspension or termination, and the incident will be documented in the harasser’s file.
   b. No documentation will be placed on the complainant’s file where the complaint is filed in good faith, whether the complaint is upheld or not.
4. If the investigation fails to find evidence to support the complaint, there will be no documentation concerning the complaint placed in the file of the alleged harasser.
5. Regardless of the outcome of a violence or harassment complaint made in good faith, the employee lodging the complaint, as well as anyone providing information, will be protected from any form of retaliation by either co-workers or superiors.

This includes termination, demotion, denial of opportunities within the company, or harassment of an individual as a result of her/his having made a complaint or having provided evidence regarding the complaint

The President will review the investigation report, and decide on the appropriate action (including disciplinary action) to be taken. If the investigation confirms that allegations of harassment are found to be true, immediate and appropriate corrective action will be taken to discontinue the behaviour, and prevent the harassment from recurring. The complainant and alleged harasser will be informed, in writing of such action.

6.8.5 Disciplinary Action:

Harassment by an worker is a serious offence. If an accusation is substantiated, the harasser will be subject to immediate disciplinary action, up to and including dismissal. Intentionally accusing someone of harassment, known to be false, is also a serious offence and is subject to disciplinary action.

Any interference with the conduct of an investigation, or retaliation against a complainant, respondent or witness, may itself result in disciplinary action.

Corrective Action:

When considering the appropriate action, Human Resources will review the evidence, the nature of the violence or harassment, whether physical contact was involved, whether the situation was isolated, and whether there was an abuse of power.

Actions may include:

• Verbal or written apologies
• A letter of reprimand or suspension
• A referral to counselling
• Sensitivity training
• Demotion or transfer
• Termination of employment
• Referral to police or other legal authorities
• Other sanctions

Appeal:

Either the complainant or alleged harasser may, within thirty (30) days of being notified of the action, submit an appeal, in writing, to senior management at North American Transport Driving Academy. In the event that management determines further investigation is required, any additional findings shall be disclosed to the parties, who will be provided with an opportunity to respond. Senior Management will then review the record and determine whether or not a violation of the Harassment Policy has occurred.

6.8.6 Confidentiality:

Complaints of harassment will be received and investigated in a confidential manner in accordance with the procedures, including prescribing corrective action. Information that must be shared will be disclosed on a need-to-know basis.

Human Rights Commission:

Nothing in this policy shall be deemed to limit the right of an employee to seek assistance from the provincial/territorial Human Rights Commission or Police Services.

Ontario Progress update and Support services available:

https://www.ontario.ca/page/its-never-okay-action-plan-stop-sexual-violence-and-harassment-progress-update-2016-2017

https://www.ontario.ca/page/lets-stop-sexual-harassment-and-violence

Review:

This policy will be reviewed at least once every 3 years.

President – Ben Santucci

Revised January 2024