1. Purpose
- (a) Journey Air Ltd is committed to providing its students with an educational environment free from sexual violence or misconduct, and treating its students who report incidents of sexual violence or misconduct, with dignity and respect.
- (b) Journey Air Ltd has adopted this Sexual Violence and Misconduct Policy, which defines sexual violence, misconduct, and outlines its training, reporting, investigative and disciplinary responses to complaints of sexual violence or misconduct, made by its students that have occurred on its campus, or at one of its events and involve its students. It will be published on the Journey Air Ltd website, included in the Enrolment Contract, and physically posted in a conspicuous location at each campus.
- (c) The person accused of engaging in sexual violence or misconduct will be referred to as the “Respondent” and the person making the allegation as the “Complainant”.
2. Definitions
- (a) “Sexual violence” means 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.
- (b)“Sexual Misconduct” means A) a physical sexual relationship 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 Journey Air LTD 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 sexual solicitation or advance, or
- iii. The act constitutes sexual misconduct as defined in the private career college’s employee sexual misconduct policy or contravenes the policy or any other policy, rule or other requirement of the private career college respecting sexual relations between employees and students, or B) any conduct by an employee of Journey Air LTD 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. (“inconduite sexuelle”)
3. Training, Reporting and Responding to Sexual Violence and Misconduct
- (a) Journey Air Ltd shall include a copy of the Sexual Violence and Misconduct Policy in every contract made between it and its students, and provide a copy of the Sexual Violence and Misconduct Policy to the Journey Air Ltd management (corporate directors, controlling shareholders, owners, partners, other persons who manage or direct the career college’s affairs, and their agents), instructors, staff, other employees and contractors and train them about the policy and its processes of reporting, investigating and responding to complaints of sexual violence involving its students.
- (b) The Sexual Violence and Misconduct Policy shall be published on its website (or where the Career College does not have a website in a conspicuous location on each of its campuses).
- (c) Career college management, instructors, staff, other employees and contractors of Journey Air Ltd will report incidents of or complaints of sexual violence or misconduct to the HR Department, upon becoming aware of them. Human Resources can be contacted by: Debbie Sharron Phone: [519-969-7052 ext. 206.]
- (d) Students who have been affected by sexual violence or misconduct who need information about support services should contact Human Resources.
- (e) Subject to Section 4 below, to the extent it is possible, Journey Air Ltd will attempt to keep all personal information of persons involved in the investigation confidential except in those circumstances where it believes an individual is at imminent risk of self-harm, or of harming another, or there are reasonable grounds to believe that others on its campus or the broader community are at risk. This will be done by:
- (i) ensuring that all complaints/reports and information gathered as a result of the complaint/reports will be only available to those who need to know for purposes of investigation, implementing safety measures and other circumstances that arise from any given case; and
- (ii) ensuring that the documentation is kept in a separate file from that of the Complainant/student or the Respondent.
- (f) Journey Air Ltd recognizes the right of the Complainant not to report an incident of or make a complaint about sexual violence or misconduct, or not request an investigation and not to participate in any investigation that may occur Notwithstanding (f), in certain circumstances, Journey Air Ltd may be required by law or its internal policies to initiate an internal investigation and/or inform police without the complainant’s consent if it believes the safety of members of its campus or the broader community is at risk. (g) In all cases, including (f) above, Journey Air Ltd will appropriately accommodate the needs of its students who are affected by sexual violence or misconduct for free. Students seeking accommodation should contact Human Resources.
4. Investigating Reports of Sexual Violence or Misconduct
- (a) Under this Sexual Violence and Misconduct Policy, any student of Journey Air Ltd may file a report of an incident or a complaint to Human Resources in writing.
- (b) If students, in good faith, report an incident of, or make a complaint about sexual violence or sexual misconduct, 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 or misconduct occurred. For greater certainty, there shall be no reprisals of any kind made in relation to such good faith reporting.
- (c) Corporate directors, controlling shareholders, owners, partners, and all other persons who manage or direct the affairs of the private career college, agents, students, instructors and other employees, shall have an obligation to report incidents or complaints of sexual violence to Human Resources, once they become aware of same.
- (d) Students who disclose their experience of sexual violence or sexual misconduct through reporting an incident of, making a complaint about, or accessing supports and services for sexual violence and sexual misconduct, 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.
- (e) Upon receipt of a report of an incident or a complaint of alleged sexual violence or misconduct being made, Human Resources will respond promptly and:
- (i) determine whether an investigation should proceed and if the Complainant wishes to participate in an investigation;
- (ii) determine who should conduct the investigation having regard to the seriousness of the allegation and the parties involved;
- (iii) determine whether the incident should be referred immediately to the police; In such cases or where civil proceedings are commenced in respect of allegations of sexual violence or misconduct, Journey Air Ltd may conduct its own independent investigation and make its own determination in accordance with its own policies and procedures; and
- (iv) determine what interim measures ought to be put in place pending the investigation process such as removal of the Respondent or seeking alternate methods of providing necessary course studies.
- (f) Once an investigation is initiated, the following will occur:
- (i) the Complainant and the Respondent will be advised that they may ask another person to be present throughout the investigation;
- (ii) interviewing the Complainant to ensure a complete understanding of the allegation and gathering additional information that may not have been included in the written complaint such as the date and time of the incident, the persons involved, the names of any person who witnessed the incident and a complete description of what occurred;
- (iii) informing and interviewing the Respondent of the complaint, providing details of the allegations and giving the Respondent an opportunity to respond to those allegations and to provide any witnesses the Respondent feels are essential to the investigation;
- (iv) interviewing any person involved or who has, or may have, knowledge of the incident and any identified witnesses;
- (v) providing reasonable updates to the Complainant and the Respondent about the status of the investigation; and
- (vi) following the investigation, Human Resources will:
- (A) review all of the evidence collected during the investigation;
- (B) determine whether sexual violence or misconduct occurred; and if so
- (C) determine what disciplinary action, if any, should be taken as set out in Section 5 below.
5. Disciplinary Measures
- (a) If the student, in good faith, report an incident of, or make a complaint about, sexual violence or misconduct, 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 or misconduct occurred.
- (b) If it is determined by Journey Air Ltd that the Respondent did engage in sexual violence or misconduct, immediate disciplinary or corrective action will be taken. This may include:
- (i) disciplinary action up to and including termination of employment of instructors or staff; or
- (ii) expulsion of a student; and /or
- (iii) the placement of certain restrictions on the Respondent’s ability to access certain premises or facilities; and/or
- (iv) any other actions that may be appropriate in the circumstances.
6. Termination of Employment of Instructors or Staff for Sexual Misconduct
- If it is determined by Journey Air Ltd that the Respondent did engage in Sexual Misconduct and their employment at Journey Air Ltd will be terminated as a result of this determination:
- (i) The termination will be deemed as just cause;
- (ii) They will not be intitled to notice of termination, termination pay or any other compensation or restitution as a result of the termination;
- (iii) Despite subsection 48(17) of the Labour Relations Act, 1995, and despite any provision in the employment contract, no arbitrator, arbitration board or other adjudicator shall substitute any other penalty for the termination imposed by Journey Air Ltd; and
- (iv) After termination, Journey Air Ltd will not subsequently re-employ the Instructor or Staff at any time.
7. Non-Disclosure Agreements between Journey Air Ltd and a Complainant Student
- An agreement between Journey Air Ltd and a Complainant who is a Journey Air Ltd student, shall not contain any term that prohibits the Journey Air Ltd from disclosing that an allegation or complaint has been made that an employee of Journey Air Ltd committed an act of sexual misconduct toward a student, unless a student makes this request and provided that:
- (i) The student has had a reasonable opportunity to receive independent legal advice;
- (ii) There have been no undue attempts to influence the student with respect to the request;
- (iii) 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
- (iv) The agreement is of a set and limited duration.
8. Appeal
- (a) Should the Complainant or the Respondent not agree with the decision resulting from the investigation, he or she may appeal the decision to Human Resources within 10 days by submitting a letter addressed to Human Resources advising of the person’s intent to appeal the decision.
9. Making False Statements
- (a) It is a violation of this Sexual Violence and Misconduct Policy for anyone to knowingly make a false complaint of sexual violence or misconduct or to provide false information about a complaint.
- (b) Individuals who violate this Sexual Violence and Misconduct Policy are subject to disciplinary and / or corrective action up to and including termination of employment of instructors or staff or expulsion of a student.
10. Reprisal
- (a) It is a violation of this Sexual Violence and Misconduct Policy to retaliate or threaten to retaliate against a complainant who has brought forward a complaint of sexual violence or misconduct, provided information related to a complaint, or otherwise been involved in the complaint investigation process.
- (b) Individuals who violate the Sexual Violence and Misconduct Policy are subject to disciplinary and /or corrective action, up to and including termination of employment of instructors or staff or expulsion of a student.
11. Review
- (a) Journey Air Ltd shall ensure that student input is considered in the development of its Sexual Violence and Misconduct Policy and every time it is reviewed or amended.
- (b) Journey Air Ltd shall review its Sexual Violence and Misconduct Policy 3 years after it is first implemented and amend it where appropriate. This date is September 15, 2023. 12. Collection of Student Data
- (c) Journey Air Ltd shall collect and be prepared to provide upon request by the Superintendent of Private Career Colleges such data and information as required according to Subsections 32. 3 (8), (9) and (10) of Schedule 5 of the Private Career Colleges Act, 2005 as amended.
13. Resources
Journey Air Ltd can provide referral services to any of the community services below and can provide a safe space upon request. This referral service does NOT require an incident to have been reported. Resources are available to anyone regardless of whether or not they have reported an incident to Journey Air Ltd. All discussion of referral services will remain confidential unless otherwise requested by the individual requesting referral. For example, Journey Air Ltd can, if requested, contact these community resources on behalf of the individual making the request. A list of provincial sexual violence, misconduct and harassment centres that provide resources:
Other Resources and Supports Available to You
- Good to Talk
Post-Secondary Student Helpline – Free 24/7/365 professional, anonymous support for students 1-866-925-5454, http://www.good2talk.ca/ - Student Lifeline
Professional support for maintaining a healthy balance between school, work and everyday lift. Confidential consultations, counselling, community referrals, resources (articles, CD’s, booklets), and online tools (blogs, podcasts, Depression and Stop Smoking Centres) 1-877-418-1537 Tty/tdd 1-877-371-9978 - LifeWorks.com
In the Toronto Region: The Toronto Rape Crisis Center. The Toronto Rape Crisis Centre/Multicultural Women Against Rape (TRCC/MWAR) is a non- profit feminist organization committed to fighting violence against women and children. Services they provide include:- 24 hour crisis line service
- Individual face to face counseling
- Court support and Accompaniment
- Advocacy
- Support Groups
- Public Education and workshops
- Activism
- Information and Referrals
- Prison Support
- Latin American Women’s Program
14. Prevails
If the Journey Air Ltd. Sexual Violence and Misconduct Policy conflict with the Expulsion Policy, this Sexual Violence and Misconduct Policy shall prevail.
Report Incidents: Contact Debbie Sharron, Human Resources Department, immediately if there are any questions or concerns about this policy. Human Resources can be contacted by phone: 519-969-7052 ext. 206.
