| Introduction |
This Employee Sexual Misconduct Policy is established by Appliance Technical Institute of Canada Inc. in accordance with the requirements of the Private Career Colleges Act, 2005, and related legislation. This policy is designed to ensure a safe and respectful environment for all students and employees of the college.
| Definition |
“Sexual misconduct” means, in relation to a student enrolled at Appliance Technical Institute of Canada Inc., the following:
- 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 Appliance Technical Institute of Canada Inc. where,
- 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 Appliance Technical Institute of Canada Inc.’s Employee Sexual Misconduct Policy or contravenes the policy or any other policy, rule or other requirement of the Appliance Technical Institute of Canada Inc. respecting sexual relations between employees and students, or
- any conduct by an employee of the Appliance Technical Institute of Canada Inc. 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. (“inconduite sexuelle”) 2022, c. 22, Sched. 2, s. 1.
Prohibition of Sexual Misconduct
All employees of the Appliance Technical Institute of Canada Inc. are strictly prohibited from any form of sexual misconduct defined in the section above. employees are expected to maintain professional boundaries with students.
All employees of the Appliance Technical Institute of Canada Inc. will be made aware of this policy and their obligations under it.
| Rules with Respect to Sexual Behavior Involving Employees and Students |
- Professional Boundaries: All employees of Appliance Technical Institute of Canada Inc. are expected to always maintain professional boundaries with students. This includes refraining from engaging in any form of intimate or romantic relationship with a student, whether consensual or not.
- Consent: Consent is fundamental in any sexual activity. Employees must obtain explicit, informed, and voluntary consent from any student if they engage in any sexual activity outside the boundaries of a professional educational relationship.
- No Sexual Harassment: Employees are prohibited from making any unwelcome sexual advances, comments, or requests for sexual favors towards students. This includes any behavior or remarks of a sexual nature that may create a hostile, intimidating, or offensive educational environment.
- Reporting: Any employee who becomes aware of or suspects sexual misconduct involving another employee and a student must promptly report it to the appropriate authority within Appliance Technical Institute of Canada Inc.
- Protection of Student Rights: Employees shall not engage in any conduct that infringes upon the rights of students under the Human Rights Code, including the right to be free from sexual solicitation, advances, or reprisals.
| Disciplinary Measures for Employees who Contravene the Policy |
- Verbal Warning: A first-time offense may result in a verbal warning issued to the employee. The employee will be informed of the policy violation and the expected behavior.
- Written Warning: Repeated or more serious violations may lead to a written warning. This formal notice will detail the policy violation, potential consequences of further violations, and corrective actions required.
- Suspension: Depending on the severity of the violation, the employee may be suspended from their duties with or without pay. During the suspension period, an investigation may be conducted.
- Termination: For severe violations of this policy, including acts that constitute an offense under the Criminal Code or repeated violations, the employee may be terminated from their employment at Appliance Technical Institute of Canada Inc.
- Legal Action: In cases where sexual misconduct constitutes a criminal offense, Appliance Technical Institute of Canada Inc. may report the matter to law enforcement authorities, and the employee may face legal action independent of employment consequences.
- Loss of Certification: If applicable to the employee’s role, the college may revoke any professional certifications or licenses held by the employee.
- No Re-Employment: As per the Private Career Colleges Act, 2005, employees terminated for sexual misconduct shall not be re-employed at Appliance Technical Institute of Canada Inc.
- Restitution: In cases where the misconduct resulted in harm to the student, the employee may be required to provide restitution or compensation to the student as determined by Appliance Technical Institute of Canada Inc.
If an employee of Appliance Technical Institute of Canada Inc. commits an act of sexual misconduct toward a student, Appliance Technical Institute of Canada Inc. 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 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 private career college. 2022, c. 22, Sched. 2, s. 1.
No Re-Employment
If an employee of Appliance Technical Institute of Canada Inc. commits an act of sexual misconduct toward a student and is discharged for that act of sexual misconduct or the employee resigns from their employment, Appliance Technical Institute of Canada Inc. shall not subsequently re-employ the employee. 2022, c. 22, Sched. 2, s. 1.
If Appliance Technical Institute of Canada Inc. determines that it has re-employed an individual contrary to subsection (3), Appliance Technical Institute of Canada Inc. shall discharge the employee, and clauses (2) (a) to (c) shall apply to the discharge. 2022, c. 22, Sched. 2, s. 1.
| Agreement |
Subject to the previous section, an agreement between Appliance Technical Institute of Canada Inc. 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 Appliance Technical Institute of Canada Inc. or any person related to college from disclosing that an allegation or complaint has been made that an employee of Appliance Technical Institute of Canada Inc. committed an act of sexual misconduct toward a student of the Appliance Technical Institute of Canada Inc. and any such term that is included in an agreement is void. 2022, c. 22, Sched. 2, s. 1.
| Confidentiality |
Employees are expected to respect the confidentiality of any allegations or complaints made regarding sexual misconduct. No agreements shall contain terms that prohibit the disclosure of such allegations or complaints.
| Exception |
The Appliance Technical Institute of Canada Inc. may enter into an agreement with a term that limits disclosure if requested by the student, provided certain conditions are met, as specified in Section 32.0.1(6) of the Private Career Colleges Act, 2005.
| Policy Implementation |
The Owner of Appliance Technical Institute of Canada Inc., Chris, by contacting him via email at chrisc@atinstitute.ca administration will be responsible for the implementation and enforcement of this policy.
Employees found in violation of this policy may be subject to disciplinary action, up to and including termination of employment.
| Review and Updates |
This policy will be reviewed periodically to ensure its effectiveness and compliance with relevant laws and regulations.
| Conclusion |
The Appliance Technical Institute of Canada Inc. is committed to maintaining a safe and respectful learning environment for all students. This Employee Sexual Misconduct Policy is designed to prevent and address instances of sexual misconduct by employees and promote a culture of respect and professionalism.