Sexual Violence Policy

Sexual Violence Policy

Fire and Emergency Services Training Institute | FESTI

Policy Owner: Dean of FESTI
Approved By: Dean of FESTI
Effective Date: 10 August 2026
Last Reviewed: 10 August 2026
Next Scheduled Review: No later than three years from the effective or most recent review date
Legislative Authority: Ontario Career Colleges Act, 2005, s. 32.1 | General, O. Reg. 415/06, ss. 16, 36.0.1 and 36.0.2

1. Purpose and Legislative Authority

The Fire and Emergency Services Training Institute, referred to in this Policy as FESTI or the College, is committed to providing students with a learning and training environment that is free from sexual violence and to responding to disclosures, incidents and complaints in a manner that respects safety, dignity, privacy and procedural fairness.

This Policy is established pursuant to section 32.1 of the Ontario Career Colleges Act, 2005 and sections 36.0.1 and 36.0.2 of General, O. Reg. 415/06.

This Policy establishes:

  1. supports and services available to students affected by sexual violence;
  2. community resources;
  3. accommodations available to affected students;
  4. reporting and complaint procedures;
  5. protection from retaliation;
  6. the process for determining whether an investigation will occur;
  7. investigation and decision-making procedures;
  8. procedural fairness requirements;
  9. interim measures;
  10. confidentiality protections;
  11. potential decisions and corrective measures;
  12. appeal procedures;
  13. roles and responsibilities;
  14. training requirements; and
  15. protections against irrelevant questioning.

This Policy specifically addresses sexual violence involving students enrolled at FESTI.

Sexual violence involving a FESTI student will be addressed under this Policy and not under FESTI’s general Student Complaint Policy where the matter falls within the scope of section 32.1 of the Ontario Career Colleges Act, 2005.

If this Sexual Violence Policy conflicts with FESTI’s Student Expulsion Policy, this Sexual Violence Policy prevails (General, O. Reg. 415/06, s. 36.0.2(6)).

2. Scope

This Policy applies specifically to sexual violence involving students enrolled at FESTI.

It may apply where the other person involved is:

  1. another student;
  2. an instructor;
  3. an employee;
  4. a contractor;
  5. an agent;
  6. a volunteer;
  7. a visitor;
  8. a placement or work-integrated learning representative; or
  9. another individual whose conduct has a sufficient connection to FESTI or a student’s educational experience.

The Policy applies to relevant conduct occurring:

  1. on FESTI property;
  2. during classroom instruction;
  3. during practical training;
  4. during assessments or examinations;
  5. during work-integrated learning or placements;
  6. during field trips or College-related travel;
  7. during FESTI-sponsored events;
  8. through FESTI electronic or learning systems;
  9. through electronic communications or social media where there is a sufficient connection to the student’s FESTI experience; or
  10. away from FESTI where the conduct has a material connection to the student’s learning environment, participation or safety.

Employee matters that do not involve a student are addressed through the applicable FESTI or Greater Toronto Airports Authority workplace policies.

3. Definition of Sexual Violence

For the purposes of this Policy, sexual violence includes a sexual act, attempted sexual act or conduct directed at a person’s sexuality, gender identity or gender expression that occurs without consent and may be physical or psychological in nature.

Sexual violence includes, but is not limited to:

  1. sexual assault;
  2. sexual harassment;
  3. stalking;
  4. indecent exposure;
  5. voyeurism;
  6. sexual exploitation;
  7. non-consensual distribution of intimate or sexual images or recordings; and
  8. sexual violence or harassment conducted through electronic communications or digital platforms.

This definition is intended to be interpreted consistently with section 32.1(1) of the Ontario Career Colleges Act, 2005.

4. Consent

Consent means the active, voluntary, informed and ongoing agreement to participate in a sexual activity.

Consent:

  1. cannot be assumed or implied;
  2. must exist for each sexual activity;
  3. may be withdrawn at any time;
  4. cannot be obtained through coercion, threats, intimidation or abuse of authority, trust or power;
  5. cannot be provided by a person who is unconscious or otherwise incapable of providing consent; and
  6. may be affected by impairment where the person lacks the capacity to consent.

A previous or existing relationship does not constitute consent to a particular sexual activity.

5. Disclosure, Report and Complaint

Disclosure

A disclosure occurs when a student communicates that they have experienced sexual violence for the purpose of obtaining information, support, services or accommodation.

A disclosure does not automatically constitute a formal complaint.

Report or Complaint

A report or complaint occurs when information concerning sexual violence is provided to FESTI for the purpose of asking the College to respond to or address the incident.

A student is not required to make a report or complaint in order to receive supports, services or accommodations.

6. Supports and Services Available Through FESTI

Legislative Reference | General, O. Reg. 415/06, s. 36.0.2(1)(a)

Students affected by sexual violence may obtain support and assistance through:

Dean of FESTI | FESTI Administration

The Dean of FESTI or an appropriately designated FESTI official is the specific College official responsible for coordinating access to supports and services under this Policy.

Supports may include:

  1. assistance identifying immediate safety needs;
  2. safety planning;
  3. assistance accessing counselling;
  4. assistance accessing health care;
  5. information concerning community sexual violence services;
  6. assistance contacting emergency or law enforcement services where requested;
  7. information regarding reporting and complaint options;
  8. academic and training support;
  9. referrals to other appropriate services; and
  10. assistance obtaining accommodations.

A student does not have to make a formal complaint to receive these supports.

7. Community Supports and Services

Legislative Reference | General, O. Reg. 415/06, s. 36.0.2(1)(b)

Students affected by sexual violence may access community services independently of FESTI.

Emergency Assistance

Emergency Services | 911

Call 911 where there is an immediate threat to safety or where urgent police, fire or medical assistance is required.

Victim Services of Peel

24-hour crisis support, crisis intervention, safety planning and referrals.

Crisis Line | 905-568-1068

Hope 24/7

Sexual assault crisis support and related services within Peel Region.

24-Hour Crisis Line | 1-800-810-0180

Trillium Health Partners | Sexual Assault and Domestic Violence Services

Medical assessment, treatment and specialized sexual assault and domestic violence services are available through Trillium Health Partners.

Students may also access a healthcare provider, counsellor, lawyer, police service or other support organization of their choosing.

FESTI will periodically verify community service information so that published contact information remains current.

8. Accommodation

Legislative References | General, O. Reg. 415/06, ss. 36.0.1(1) and 36.0.2(1)(c)

FESTI will appropriately accommodate the needs of students who are affected by sexual violence.

Students seeking accommodation should contact:

Dean of FESTI | FESTI Administration

Accommodations will be determined according to the circumstances and may include:

  1. adjustments to class schedules;
  2. adjustments to practical training schedules;
  3. changes to assessment dates;
  4. academic extensions;
  5. temporary changes to attendance arrangements;
  6. alternative learning arrangements where reasonably available;
  7. separation from another person;
  8. changes to training groups;
  9. changes to placement or work-integrated learning arrangements;
  10. restrictions concerning contact between individuals;
  11. safety-related access arrangements; or
  12. another reasonable accommodation appropriate to the student’s circumstances.

9. No Fee for Supports, Services or Accommodation

Legislative Reference | General, O. Reg. 415/06, s. 36.0.1(2)

FESTI will not charge a student a fee:

  1. for supports provided to a student affected by sexual violence;
  2. for services provided to a student affected by sexual violence;
  3. for accommodations provided to a student affected by sexual violence; or
  4. for referring a student to supports or services available outside FESTI.

10. No Requirement to Report or Make a Complaint

Legislative Reference | General, O. Reg. 415/06, s. 36.0.2(1)(d)

A student is not required to report an incident of sexual violence or make a complaint about sexual violence in order to obtain supports, services or accommodations described in this Policy.

A student may disclose sexual violence solely for the purpose of requesting assistance.

11. Good Faith Reporting | Drug and Alcohol Amnesty

Legislative Reference | General, O. Reg. 415/06, s. 36.0.2(1)(d.1)

A student who, in good faith, reports an incident of sexual violence or makes a complaint about sexual violence will not be subject to discipline or sanctions for violations of FESTI policies relating to drug or alcohol use at the time the alleged sexual violence occurred.

The purpose of this protection is to ensure that concern about disciplinary consequences for alcohol or drug use does not discourage a student from reporting sexual violence or seeking assistance.

12. Reporting an Incident or Making a Complaint

Legislative Reference | General, O. Reg. 415/06, s. 36.0.2(2), para. 1

A student who wishes to report an incident or make a complaint about sexual violence should contact:

Dean of FESTI | FESTI Administration

Reports and complaints may be made verbally or in writing.

Where practicable, FESTI may document a verbal complaint in writing and ask the complainant to confirm that the information accurately reflects what was communicated.

A complaint may include, where known:

  1. the nature of the incident;
  2. the date or approximate date;
  3. the location;
  4. the person or persons involved;
  5. witnesses;
  6. available documentation or electronic communications; and
  7. any immediate safety or accommodation concerns.

A student is not required to have all of this information before reporting an incident.

Where the allegation involves the Dean of FESTI or where the Dean has an actual or reasonably perceived conflict of interest, the matter will be referred to an appropriate uninvolved senior FESTI or Greater Toronto Airports Authority official.

13. Protection From Retaliation

Legislative Reference | General, O. Reg. 415/06, s. 36.0.2(2), para. 2

FESTI prohibits retaliation, reprisal and threats of retaliation against a person because that person:

  1. disclosed sexual violence;
  2. reported an incident;
  3. made a complaint;
  4. sought support;
  5. requested accommodation;
  6. provided information;
  7. acted as a witness; or
  8. participated in an investigation or decision-making process.

Measures that may be implemented to protect against retaliation or threatened retaliation include:

  1. no-contact directions;
  2. separation of individuals;
  3. changes to training groups;
  4. changes to schedules;
  5. restrictions on communication;
  6. restrictions on access to specific FESTI facilities or activities;
  7. safety planning;
  8. temporary changes to employment, reporting or supervisory arrangements where applicable;
  9. monitoring compliance with protective measures; and
  10. disciplinary or corrective action where retaliation occurs.

Retaliation or reprisal may constitute a separate violation of FESTI policy.

14. Determining Whether an Investigation Will Occur

Legislative Reference | General, O. Reg. 415/06, s. 36.0.2(2), para. 3

When FESTI receives a report or complaint, the Dean of FESTI or an appropriate conflict-free designate will conduct an initial assessment.

The assessment may consider:

  1. whether the reported conduct falls within the scope of this Policy;
  2. the wishes of the student affected by sexual violence;
  3. whether the student requests an investigation;
  4. whether there is sufficient information to conduct an investigation;
  5. the seriousness of the alleged conduct;
  6. whether there is an ongoing or broader safety risk;
  7. whether FESTI has jurisdiction or a sufficient connection to the incident;
  8. whether another process or authority has jurisdiction;
  9. whether FESTI has a legal obligation to act;
  10. any actual or perceived conflict of interest; and
  11. whether an external investigator is appropriate.

Following the initial assessment, FESTI may determine that:

  1. no investigation will occur;
  2. additional information is required;
  3. an alternative resolution process may be considered where appropriate and voluntarily accepted;
  4. an internal investigation will occur;
  5. an external investigator will be appointed; or
  6. the matter should be referred to another appropriate authority.

15. Right Not to Request or Participate in an Investigation

Legislative Reference | General, O. Reg. 415/06, s. 36.0.2(2), para. 4

A student affected by sexual violence may choose not to request an investigation by FESTI.

A student affected by sexual violence also has the right not to participate in an investigation that may occur.

FESTI may, in exceptional circumstances, determine that an investigation or other action is required without the affected student’s participation where:

  1. required by law;
  2. there is a significant safety concern;
  3. there may be an ongoing risk to other members of the FESTI community; or
  4. another compelling institutional obligation requires action.

Where reasonably possible, FESTI will inform the affected student before taking such action.

The student’s decision not to participate does not prevent the student from receiving supports, services or accommodations.

16. Investigation and Decision-Making Process

Legislative Reference | General, O. Reg. 415/06, s. 36.0.2(2), para. 5

Where an investigation proceeds:

  1. an appropriately qualified investigator will be appointed;
  2. the investigator may be internal or external;
  3. the complainant and respondent will be informed that an investigation has commenced;
  4. the respondent will receive sufficient information concerning the allegations to provide a meaningful response;
  5. the complainant will have an opportunity to provide relevant information;
  6. the respondent will have an opportunity to respond and provide relevant information;
  7. relevant witnesses may be interviewed;
  8. relevant documents, records, electronic communications, photographs, video or other evidence may be reviewed;
  9. the complainant and respondent may identify relevant witnesses or evidence;
  10. reasonable updates concerning the status of the investigation will be provided;
  11. the investigator will assess relevant evidence;
  12. findings or an investigation report will be prepared;
  13. an appropriate decision-maker will consider the evidence or investigation report;
  14. the decision-maker will determine whether the Policy was violated using the balance of probabilities standard; and
  15. the decision-maker will determine any appropriate corrective, protective or disciplinary measures.

FESTI will endeavour to conduct investigations without unnecessary delay while recognizing that the complexity of individual cases will affect timelines.

17. Officials and Departments Involved

Legislative Reference | General, O. Reg. 415/06, s. 36.0.2(2), para. 6

Support, Services and Accommodation | Dean of FESTI or FESTI Administration

Responsible for coordinating immediate support, referrals and accommodations.

Receipt of Report or Complaint | Dean of FESTI

Responsible for receiving or ensuring appropriate receipt of reports and complaints.

Initial Assessment | Dean of FESTI or Conflict-Free Designate

Responsible for deciding whether an investigation should proceed and whether interim measures are necessary.

Investigation | Appointed Internal or External Investigator

Responsible for gathering and assessing relevant evidence.

Decision | Dean of FESTI or Another Appropriately Designated Uninvolved Senior Official

Responsible for reviewing the investigation findings and making a decision.

Employee-Related Matters | Appropriate Greater Toronto Airports Authority Human Resources or Management Representative

May participate where the respondent is an employee or where employment-related action may be required.

Appeal | Uninvolved Senior FESTI or Greater Toronto Airports Authority Official Designated to Hear the Appeal

The appeal decision-maker must not have made the original decision and must not have a conflict of interest.

Where a conflict exists, FESTI will appoint an alternate qualified and impartial person.

18. Procedural Fairness

Legislative Reference | General, O. Reg. 415/06, s. 36.0.2(2), para. 7

FESTI will incorporate procedural fairness into its investigation and decision-making processes.

Procedural fairness includes, as appropriate:

  1. an impartial investigator;
  2. an impartial decision-maker;
  3. identification and management of conflicts of interest;
  4. notice of the allegations;
  5. sufficient disclosure to permit a meaningful response;
  6. a reasonable opportunity for the complainant to provide relevant information;
  7. a reasonable opportunity for the respondent to answer the allegations;
  8. an opportunity for both parties to identify relevant witnesses or evidence;
  9. consideration of relevant evidence;
  10. exclusion of irrelevant or improper questioning;
  11. decisions based on the evidence gathered;
  12. application of the balance of probabilities standard;
  13. written communication of the decision, subject to privacy requirements; and
  14. access to an appeal process.

The fact that a complaint has been made does not constitute a finding that misconduct occurred.

Interim measures are not disciplinary findings.

19. Right to Have a Person Present

Legislative Reference | General, O. Reg. 415/06, s. 36.0.2(2), para. 8

A complainant or respondent who is a party to an investigation or decision-making process has the right to have a person present at every stage of the process.

The accompanying person may provide emotional or personal support.

FESTI may establish reasonable procedural rules regarding the role of the accompanying person so that the integrity, confidentiality and orderly conduct of the process are maintained.

Those procedural rules will not remove the person’s statutory right to have someone present.

20. Interim Measures

Legislative Reference | General, O. Reg. 415/06, s. 36.0.2(2), para. 9

FESTI may implement interim measures while an incident or complaint is being assessed or investigated or while a decision is pending.

Interim measures may include:

  1. no-contact directions;
  2. separation of the complainant and respondent;
  3. changes to classes or training groups;
  4. changes to schedules;
  5. alternative instructional arrangements;
  6. changes to work-integrated learning or placement arrangements;
  7. temporary restrictions on access to specific facilities;
  8. temporary suspension from specified College activities;
  9. safety planning;
  10. temporary changes to supervisory or reporting relationships where applicable; and
  11. other measures reasonably necessary to protect safety or the integrity of the process.

Interim measures are precautionary and do not mean FESTI has determined that sexual violence occurred.

An individual affected by an interim measure may request that it be reviewed where circumstances materially change or relevant new information becomes available.

21. Decisions and Measures Following an Investigation

Legislative Reference | General, O. Reg. 415/06, s. 36.0.2(2), para. 10

Following an investigation, FESTI may determine that:

  1. the allegation was not substantiated;
  2. the allegation was substantiated;
  3. the allegation was substantiated in part; or
  4. another finding is appropriate based on the evidence.

Where sexual violence or another Policy violation is established, possible measures may include:

  1. education or mandatory training;
  2. behavioural requirements;
  3. no-contact requirements;
  4. restrictions on access to FESTI;
  5. changes to class or training arrangements;
  6. changes to placement arrangements;
  7. written warning;
  8. suspension;
  9. removal from a FESTI activity;
  10. expulsion of a student;
  11. employee discipline where applicable;
  12. termination of employment where permitted or required by law;
  13. termination or restriction of a contractor or service provider relationship; or
  14. another corrective or protective measure appropriate to the circumstances.

Any expulsion arising from sexual violence will be determined under this Sexual Violence Policy where the Sexual Violence Policy and Student Expulsion Policy conflict.

22. Confidentiality and Protection of Personal Information

Legislative Reference | General, O. Reg. 415/06, s. 36.0.2(2), para. 11

FESTI will take reasonable measures to protect the confidentiality and personal information of persons involved in a sexual violence matter.

Measures may include:

  1. restricting access to information to persons who require it to perform an authorized function;
  2. maintaining investigation records securely;
  3. limiting internal disclosure to information reasonably necessary to provide support, assess risk, investigate, decide the matter or implement a decision;
  4. avoiding public identification of the complainant, respondent or witnesses except where authorized or required by law;
  5. limiting the collection of personal information to information reasonably necessary for the process; and
  6. communicating information in a manner that respects applicable privacy requirements.

Information may be disclosed where reasonably necessary:

  1. to address an immediate or significant safety risk;
  2. to comply with a legal obligation;
  3. to conduct a fair investigation;
  4. to provide procedural fairness;
  5. to obtain legal or professional advice;
  6. to implement a decision or accommodation; or
  7. where disclosure is otherwise authorized or required by law.

Absolute confidentiality cannot be guaranteed.

Parties and witnesses are expected to respect the privacy of other persons involved and the integrity of the process.

23. Appeal Process

Legislative Reference | General, O. Reg. 415/06, s. 36.0.2(2), para. 12

A complainant or respondent may appeal a final decision arising from the investigation process.

An appeal must be submitted in writing to the designated uninvolved senior FESTI or Greater Toronto Airports Authority appeal official within 10 business days after the written decision is provided.

An appeal may be based on one or more of the following grounds:

  1. a material procedural fairness error that may have affected the outcome;
  2. a reasonable apprehension of bias or conflict of interest;
  3. significant new evidence that was not reasonably available during the original investigation;
  4. a material error in the application of this Policy; or
  5. a decision or measure that is unreasonable having regard to the findings and evidence.

The appeal official may:

  1. confirm the original decision;
  2. vary the decision;
  3. vary a corrective or disciplinary measure;
  4. return the matter for further investigation;
  5. require reconsideration by another decision-maker; or
  6. make another appropriate determination.

The appeal official must not have made the original decision and must not have an actual or reasonably perceived conflict of interest.

The appeal decision will be communicated in writing and will constitute FESTI’s final internal decision under this Policy.

24. Roles and Responsibilities

Legislative Reference | General, O. Reg. 415/06, s. 36.0.2(2), para. 13

Corporate Directors, Controlling Shareholders, Owners, Partners, Managers, Directors and Agents

Persons who manage or direct the affairs of the College, and their agents, are responsible for:

  1. supporting implementation of this Policy;
  2. ensuring appropriate resources are available;
  3. ensuring reports are directed appropriately;
  4. protecting confidentiality;
  5. ensuring conflicts of interest are appropriately managed; and
  6. taking appropriate action when they become aware of an incident or complaint.

Dean of FESTI

The Dean or designated conflict-free alternate is responsible for:

  1. administration of this Policy;
  2. receipt or appropriate referral of reports;
  3. coordination of supports and accommodations;
  4. initial assessment;
  5. consideration of safety and interim measures;
  6. appointment of an investigator;
  7. ensuring procedural fairness;
  8. arranging an appropriate decision-maker;
  9. arranging an appropriate appeal official; and
  10. ensuring required training is provided or made available.

Instructors, Staff, Employees and Contractors

Instructors, staff, employees and contractors are responsible for:

  1. understanding their responsibilities under this Policy;
  2. responding appropriately to disclosures;
  3. protecting confidentiality;
  4. directing students to appropriate support;
  5. reporting information where required by their role or by law;
  6. cooperating with authorized investigations; and
  7. refraining from retaliation or reprisal.

Students

Students are responsible for:

  1. complying with this Policy;
  2. respecting the safety and rights of other persons;
  3. refraining from sexual violence;
  4. refraining from retaliation or reprisal;
  5. respecting the privacy of persons involved in a process; and
  6. providing truthful information where they choose or are required to participate.

Nothing in this section requires a student affected by sexual violence to report an incident or participate in an investigation in order to receive supports, services or accommodation.

25. Protection From Irrelevant Questions

Legislative Reference | General, O. Reg. 415/06, s. 36.0.2(2), para. 14

Students who disclose their experience of sexual violence through:

  1. reporting an incident;
  2. making a complaint; or
  3. accessing supports and services

will not be asked irrelevant questions during the investigation process by FESTI staff or investigators.

This specifically includes irrelevant questions relating to the student’s sexual expression or past sexual history.

Questions will be limited to information reasonably relevant to the allegations, evidence, procedural fairness, safety considerations or determination of appropriate action.

26. Publication of the Policy

Legislative Reference | General, O. Reg. 415/06, s. 36.0.2(3)

FESTI will publish the complete and current Sexual Violence Policy on its website.

The version published online will be maintained as the current approved version.

27. Training

Legislative References | General, O. Reg. 415/06, ss. 36.0.2(4) and 36.0.2(5)

FESTI will provide or make available training regarding this Sexual Violence Policy to:

  1. corporate directors, controlling shareholders, owners, partners and other persons who manage or direct the affairs of the College, and their agents;
  2. instructors, staff, other employees and contractors; and
  3. students enrolled at FESTI.

Training will include FESTI’s process for responding to and addressing incidents and complaints of sexual violence, including:

  1. reporting;
  2. protection from retaliation;
  3. investigation decisions;
  4. the right not to request or participate in an investigation;
  5. investigation procedures;
  6. officials involved;
  7. procedural fairness;
  8. the right to have a person present;
  9. interim measures;
  10. possible decisions and measures;
  11. confidentiality;
  12. appeals;
  13. roles and responsibilities; and
  14. protection against irrelevant questions.

FESTI will maintain reasonable records demonstrating that required training was provided or made available.

28. Precedence Over the Student Expulsion Policy

Legislative Reference | General, O. Reg. 415/06, s. 36.0.2(6)

Where this Sexual Violence Policy conflicts with FESTI’s Student Expulsion Policy, this Sexual Violence Policy prevails.

FESTI will not use another policy or procedure to avoid or replace a protection or process required under this Sexual Violence Policy.

29. Advertising and Public Communications

Legislative Reference | General, O. Reg. 415/06, s. 16

FESTI will ensure that advertisements concerning the College or a vocational program comply with section 16 of General, O. Reg. 415/06.

Accordingly:

  1. an advertisement will identify FESTI using the applicable registered operating or business name or legal name;
  2. an advertisement will not contain a statement, image or video that misleads or is likely to mislead the public;
  3. an advertisement will not guarantee admission to or successful completion of a vocational program;
  4. an advertisement will not imply that employment is assured following successful completion;
  5. where an advertisement refers to FESTI’s registration under the Ontario Career Colleges Act, 2005, the prescribed regulatory wording will be used;
  6. where an advertisement refers to the approval of a vocational program, the prescribed regulatory wording will be used;
  7. where required, advertising concerning a program that is not a vocational program will contain the prescribed statement concerning approval under the Ontario Career Colleges Act, 2005; and
  8. where a vocational program is taught in a language other than English or French, the advertisement will state the language of instruction.

Any public communication concerning this Sexual Violence Policy, supports, services, accommodations, student rights or FESTI’s regulatory status will be accurate and must not be misleading.

30. Inclusion in Student Contracts

Legislative Reference | Ontario Career Colleges Act, 2005, s. 32.1(4)

FESTI will include its Sexual Violence Policy in every contract made between FESTI and a student as required by the Ontario Career Colleges Act, 2005.

31. Policy Review

Legislative Reference | Ontario Career Colleges Act, 2005, s. 32.1(6)

FESTI will review this Sexual Violence Policy at least once every three years and amend it as appropriate.

The Policy may be reviewed sooner where:

  1. legislation or regulations change;
  2. regulatory guidance changes;
  3. organizational responsibilities change;
  4. an incident or investigation identifies a policy improvement;
  5. community support information changes; or
  6. FESTI otherwise determines that amendment is appropriate.

References

General, O. Reg. 415/06.

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

Sexual Violence and Harassment Action Plan Act (Supporting Survivors and Challenging Sexual Violence and Harassment), 2016, S.O. 2016, c. 2.

Appendix A | Regulatory Compliance Crosswalk

Regulatory Requirement Legislative Reference FESTI Policy Section
Appropriate accommodation for affected students O. Reg. 415/06, s. 36.0.1(1) Sections 8 and 10
No fees for supports, services, accommodations or external referrals O. Reg. 415/06, s. 36.0.1(2) Section 9
Information about College supports and services O. Reg. 415/06, s. 36.0.2(1)(a) Section 6
Specific official, office or department for supports O. Reg. 415/06, s. 36.0.2(1)(a) Section 6
Community supports and services O. Reg. 415/06, s. 36.0.2(1)(b) Section 7
Information regarding accommodations O. Reg. 415/06, s. 36.0.2(1)(c) Section 8
Specific official, office or department for accommodation O. Reg. 415/06, s. 36.0.2(1)(c) Section 8
No report or complaint required to receive supports or accommodation O. Reg. 415/06, s. 36.0.2(1)(d) Section 10
Drug and alcohol amnesty for good-faith reporting O. Reg. 415/06, s. 36.0.2(1)(d.1) Section 11
Process for reporting an incident or making a complaint O. Reg. 415/06, s. 36.0.2(2), para. 1 Section 12
Specific reporting official or office O. Reg. 415/06, s. 36.0.2(2), para. 1 Section 12
Measures protecting against retaliation O. Reg. 415/06, s. 36.0.2(2), para. 2 Section 13
Process for deciding whether to investigate O. Reg. 415/06, s. 36.0.2(2), para. 3 Section 14
Right not to request an investigation O. Reg. 415/06, s. 36.0.2(2), para. 4 Section 15
Right not to participate in an investigation O. Reg. 415/06, s. 36.0.2(2), para. 4 Section 15
Investigation and decision-making process O. Reg. 415/06, s. 36.0.2(2), para. 5 Section 16
Officials or departments involved at each stage O. Reg. 415/06, s. 36.0.2(2), para. 6 Section 17
Elements of procedural fairness O. Reg. 415/06, s. 36.0.2(2), para. 7 Section 18
Right to have a person present at every stage O. Reg. 415/06, s. 36.0.2(2), para. 8 Section 19
Examples of interim measures O. Reg. 415/06, s. 36.0.2(2), para. 9 Section 20
Examples of decisions and measures following investigation O. Reg. 415/06, s. 36.0.2(2), para. 10 Section 21
Protection and confidentiality of personal information O. Reg. 415/06, s. 36.0.2(2), para. 11 Section 22
Appeal processes O. Reg. 415/06, s. 36.0.2(2), para. 12 Section 23
Roles and responsibilities of prescribed groups O. Reg. 415/06, s. 36.0.2(2), para. 13 Section 24
Prohibition against irrelevant questioning O. Reg. 415/06, s. 36.0.2(2), para. 14 Section 25
Sexual expression and past sexual history specifically addressed O. Reg. 415/06, s. 36.0.2(2), para. 14 Section 25
Website publication O. Reg. 415/06, s. 36.0.2(3) Section 26
Training for directors, management and agents O. Reg. 415/06, s. 36.0.2(4), para. 1 Section 27
Training for instructors, staff, employees and contractors O. Reg. 415/06, s. 36.0.2(4), para. 2 Section 27
Training for enrolled students O. Reg. 415/06, s. 36.0.2(4), para. 3 Section 27
Training must cover response and complaint processes O. Reg. 415/06, s. 36.0.2(5) Section 27
Sexual Violence Policy prevails over Expulsion Policy O. Reg. 415/06, s. 36.0.2(6) Section 28
Advertising must identify College appropriately O. Reg. 415/06, s. 16(1), para. 1 Section 29
Advertising must not mislead, guarantee completion or imply assured employment O. Reg. 415/06, s. 16(1), para. 2 Section 29
Prescribed wording for registered status O. Reg. 415/06, s. 16(1), para. 3 Section 29
Prescribed wording for approved vocational programs O. Reg. 415/06, s. 16(1), para. 4 Section 29
Required wording for certain non-vocational program advertisements O. Reg. 415/06, s. 16(1), para. 5 Section 29
Language of instruction disclosure where required O. Reg. 415/06, s. 16(1), para. 6 Section 29
Policy included in every student contract Ontario Career Colleges Act, 2005, s. 32.1(4) Section 30
Policy reviewed at least every three years Ontario Career Colleges Act, 2005, s. 32.1(6) Section 31

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