Citi College of Canadian Careers
EMPLOYEE SEXUAL MISCONDUCT POLICY
This policy sets out Citi College of Canadian Careers’ requirements concerning employee sexual misconduct and sexual violence, including employee conduct rules, student supports and accommodations, and procedures for reporting, investigation, resolution and appeals. It supersedes the College’s previous Employee Sexual Misconduct Policy and Sexual Violence Policy.
1 Purpose and scope
The College is committed to preventing sexual violence and sexual harassment, supporting affected individuals, protecting students from employee sexual misconduct, and responding fairly and promptly. Sexual violence, sexual harassment, coercion and retaliation are prohibited.
This policy applies to employees including instructors, management, directors, owners, controlling shareholders, partners, agents, contractors, and students of the College. It covers conduct on campus and conduct off campus or online that is connected to the College or a student’s educational experience. Employee-specific statutory provisions apply to College employees in relation to enrolled students. The College may restrict access or take contractual action concerning a contractor or visitor, within its authority.
2 Definitions
Sexual violence means a sexual act or an act targeting a person’s sexuality, gender identity or gender expression, whether physical or psychological, committed, threatened or attempted without consent. It includes sexual assault, sexual harassment, stalking, indecent exposure, voyeurism and sexual exploitation.
Consent is voluntary, ongoing agreement to the sexual activity in question. It may be withdrawn at any time. Silence, a previous relationship or agreement to a different activity does not establish consent. Coercion, threats or abuse of authority cannot establish freely given consent; a person who is incapable of consenting cannot consent.
Sexual harassment includes unwelcome sexual advances, requests for sexual favours, sexual touching, remarks, gestures, messages or images, and persistent sexual pursuit. Examples include sexually degrading jokes, displaying offensive sexual material, unwanted personal-space invasions and making educational or employment benefits depend on sexual conduct.
A disclosure is sharing an experience to obtain support or information. A complaint is a request for the College to respond formally. A complainant is the person making a complaint; a respondent is the person whose conduct is alleged. Receiving a disclosure or complaint does not establish that misconduct occurred.
A. Employee Sexual Misconduct Policy
The Employee Sexual Misconduct Policy forms part of this document and addresses section 32.0.1 of the Ontario Career Colleges Act, 2005 (the Act). Sections 3–7 establish the employee-specific rules and statutory consequences. The supports and procedures in Parts B and C apply to reports under this part.
3 Statutory definition of employee sexual misconduct
Under section 32.0.1(1) of the Act, sexual misconduct includes physical sexual relations with a student, sexual touching of a student, or sexual behaviour or remarks toward a student by a College employee where the act:
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- constitutes an offence under the Criminal Code (Canada);
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- infringes the student’s right under clause 7(3)(a) of the Human Rights Code to be free from sexual solicitation or advances; or
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- constitutes sexual misconduct as defined in this policy or contravenes this policy or another College policy, rule or requirement concerning sexual relations between employees and students.
It also includes employee conduct that infringes the student’s right under clause 7(3)(b) of the Human Rights Code to be free from reprisal or threatened reprisal for rejecting a sexual solicitation or advance.
4 Employee and student sexual conduct rules
Employees must maintain professional boundaries with enrolled students. The College prohibits the following conduct and specifies it as sexual misconduct where it falls within the definition in section 3:
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- Sexual relations or sexual touching without freely given, ongoing consent, or obtained through coercion, intimidation or exploitation of an employee’s authority.
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- Unwelcome sexual remarks, behaviour, messages, images, solicitations or advances, including conduct the employee knows or reasonably ought to know is unwelcome.
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- Using influence over grades, attendance, graduation, financial matters, placements or other student opportunities to seek sexual activity or favours.
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- Offering benefits in exchange for sexual conduct, or threatening or imposing adverse consequences because a student rejects a sexual solicitation or advance.
Employees must not retaliate against a student for reporting misconduct, seeking support or participating in an investigation. Describing a relationship as consensual does not excuse unlawful conduct or a breach of these rules. Employee–student sexual relations must comply with the law and College policies.
5 Employee disciplinary measures and statutory consequences
An employee who contravenes this policy may receive a written reprimand, required training or counselling, a disciplinary record in their personnel file, reassignment, restriction or removal of student-contact or assessment duties, suspension, or discharge. The measure depends on the nature, seriousness and circumstances of the conduct. The following fuller list illustrates prohibited conduct and possible disciplinary responses. Each example must be assessed under this policy and the applicable law; no listed response is automatic:
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- Commenting on a person’s appearance, sexual orientation or gender in a sexually derogatory or objectifying way, or making unwelcome sexual remarks: a substantiated contravention may result in a written reprimand and required training; serious or repeated conduct may warrant suspension or discharge.
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- Creating, posting or displaying sexually offensive pictures, pornography or other materials in the workplace or a learning environment: measures may include removal of the material, a written reprimand, required training, suspension or discharge, depending on the circumstances.
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- Making inappropriate sexual advances or engaging in sexual flirting during a class, meeting or other professional activity: measures may include a written reprimand, training, reassignment or stronger discipline where the conduct is serious or repeated.
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- Persistently pursuing or flirting with a person against their wishes, or continuing sexual advances that the employee knows or reasonably ought to know are unwelcome: measures may include no-contact directions, removal from student-contact duties, suspension or discharge.
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- Using obscene sexual comments, gestures, pranks, jokes or innuendoes that degrade or offend a person: measures may include a written reprimand and required training, with stronger discipline for serious or repeated conduct.
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- Sending or displaying unwanted sexually explicit messages, images or objects, including through email, social media or other electronic communications: measures may include a written reprimand, restrictions on communication or student-contact duties, suspension or discharge.
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- Invading a person’s personal space through inappropriate sexual touching, such as pinching, patting or rubbing: measures may include suspension or discharge, according to the nature and seriousness of the conduct.
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- Threatening, coercing, stalking or intimidating a person to pressure them into sexual activity: measures may include restrictions on access or contact, suspension or discharge. Serious coercive conduct may warrant discharge.
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- Proposing, demanding or insinuating sexual favours, or offering educational or employment benefits in exchange for sexual conduct: measures may include removal from decision-making or student-contact duties, suspension or discharge.
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- Using influence over grades, attendance, graduation, financial matters, placements or other student opportunities to seek sexual activity or favours: measures may include removal from assessment or student-contact duties, suspension or discharge.
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- Sexual assault: a substantiated finding may result in discharge. The College may also take appropriate protective measures and comply with applicable legal duties.
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- Reprisal or threatened reprisal for rejecting a sexual advance, or retaliation against a person for reporting misconduct, seeking support or participating in an investigation: measures may include a written reprimand, reassignment, suspension or discharge.
These examples do not require a sequence of progressive discipline. Where an employee commits sexual misconduct toward an enrolled student and the College discharges or disciplines the employee for that act, section 32.0.1(2) provides that the measure is deemed to be for just cause; the employee is not entitled to termination notice, termination pay or other compensation or restitution resulting from the measure; and an arbitrator, arbitration board or other adjudicator cannot substitute another penalty in the circumstances specified by the Act. These consequences apply when the statutory conditions are met, not merely because a complaint has been made.
6 Prohibition on re-employment
If an employee commits sexual misconduct toward an enrolled student and is discharged for that act, or resigns from employment after committing it, the College must not subsequently re-employ that person. If the College determines that it has re-employed a person contrary to this prohibition, it must discharge the employee, and the statutory consequences in section 32.0.1(2)(a) to (c) apply. The College will maintain appropriate records and check them before re-employing a former employee.
7 Restrictions on non-disclosure agreements
For agreements entered into on or after July 1, 2023, the College must not include a term that directly or indirectly prohibits the College or a person related to it from disclosing that an allegation or complaint has been made that an employee committed sexual misconduct toward a College student. This includes collective agreements and agreements settling existing or contemplated litigation. A prohibited term is void.
The College may agree to such a term only if the student requests it and all four statutory conditions are met:
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- The student has had a reasonable opportunity to receive independent legal advice.
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- There have been no undue attempts to influence the student concerning the request.
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- The agreement lets the student later waive their own confidentiality and specifies the process for doing so.
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- The agreement has a set and limited duration.
The College will document the request and satisfaction of these conditions. Confidential handling of reports and investigation records must not be used to circumvent these restrictions.
Under section 32.0.1(7), the Act’s provisions on discipline or discharge, re-employment and non-disclosure agreements apply despite contrary employment-contract or collective-agreement terms or rules or principles of common law or equity. Ordinary confidentiality under section 13 must not be used to circumvent section 7.
B. Student Supports and Sexual Violence Policy
8 Support and accommodation
Students affected by sexual violence may obtain support and accommodations without reporting an incident or making a formal complaint. They are not required to confront the person involved, request an investigation or participate in an investigation to receive assistance. Staff affected by sexual violence may also seek support and appropriate workplace accommodations.
Human Resources coordinate access to support and accommodations. They will explain available options, relevant limits on confidentiality and the procedures in Part C. They will consult with the affected person about their needs and avoid unnecessary repetition of their experience.
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- Counselling and referrals: access to counselling support and information about community crisis centres, healthcare, legal assistance and shelters. College staff will assist with referrals where specialist or emergency services are needed.
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- Academic accommodations: extended deadlines, alternative assignments, changes to class or examination schedules, leaves of absence and other appropriate adjustments to enable continued study.
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- Workplace accommodations: changes to work schedules, locations or duties for affected employees or students employed by the College, as appropriate.
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- Safety planning: College no-contact directions, schedule or location changes, adjustments to campus activities, and assistance accessing safe housing or community protection services where needed.
Request assistance through hr@citicollege.ca or (416) 441-2900. Appendix A provides community resources. In an immediate emergency, call 911. Seeking medical care or police assistance does not depend on making a College complaint.
9 Student protections and choices
An affected student may decide whether to make a College complaint or a police report. There is no College deadline for reporting, although delay may affect available evidence. Students may decline an investigation or decline to participate in one. The College will respect that choice while assessing whether safety risks or legal duties require it to take action. Support remains available regardless of the student’s choice or the outcome.
Students who disclose sexual violence, make a complaint or seek support will not be asked irrelevant questions about sexual expression or past sexual history. Students and staff who disclose sexual violence, make a complaint or seek support in good faith will not be punished or subjected to retaliation for doing so.
Sexual violence complaints involving students will be addressed under this policy’s process rather than the College’s general student complaint procedure. Students may access external medical, legal, police or regulatory options. The College process does not determine criminal guilt.
C. Reporting Investigation and Resolution
10 Reporting and designated contacts
Reports may be made in person, by telephone or by email to Human Resources at hr@citicollege or (416) 441-2900. A written complaint is helpful but is not a condition of receiving support or bringing a concern to the College. The designated official will receive reports, explain options, coordinate support and interim measures, and arrange assessment and investigation.
A concern involving Human Resources or another conflict of interest may be referred to the Board of Directors at bod@citicollege.ca. A complaint involving a Board member will be overseen by uninvolved directors, with an independent investigator where needed. Anyone involved in the allegation or with a material conflict will not investigate or decide the matter.
An affected student is not required to report. Employees, instructors, managers and agents who receive a disclosure or become aware of possible misconduct must promptly bring it to the designated official under their duties. They must explain relevant limits on confidentiality; share information only as needed and avoid conducting their own investigation. Managers must not dismiss or downplay a concern or tell an affected person to handle it personally.
Anonymous reports may be accepted. Limited identifying information may restrict the College’s ability to investigate or provide a fair opportunity to respond, but the College will assess any safety information available.
11 Initial assessment and interim measures
The designated official will assess immediate safety needs, the scope of the policy, the affected person’s wishes and whether an investigation is appropriate. If the College proceeds without a student’s participation because of safety risks or legal duties, it will explain that decision and any limits on its response.
Interim measures may include College no-contact directions, changes to academic or work arrangements, restricted campus or system access, reassignment of student-contact duties, or temporary suspension where justified. Interim measures protect safety and the integrity of the process; they are not a finding of misconduct. The College will consider each party’s needs, avoid unnecessary disadvantage to the affected student, and review measures as circumstances change.
Informal or restorative resolution may be considered only where appropriate, voluntary and safe, with informed agreement of the parties. No one will be pressured to participate or confront the respondent. Informal measures do not displace legal duties or employee-specific statutory consequences.
12 Investigation and participation rights
Where an investigation is initiated, the College will appoint a trained, impartial investigator. Both parties will receive written information about the allegations, process and applicable interim measures, with disclosure sufficient for a fair response and protection of information that is irrelevant to the allegations.
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- The investigator will interview willing complainants, respondents and witnesses and collect relevant documents, messages and other evidence.
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- Each party will have a fair opportunity to present information and respond to relevant allegations and evidence. The investigator will seek relevant information without irrelevant questions about a student’s sexual expression or past sexual history.
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- The parties will receive reasonable updates. The College’s investigation timeline is 30 working days from initiation. If exceptional circumstances require an extension, the College will explain the delay, provide a revised timeline and continue necessary supports and interim measures.
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- The investigator will prepare written findings and recommendations for an uninvolved College decision-maker. Findings will be based on the balance of probabilities, meaning whether the alleged conduct is more likely than not to have occurred.
A complainant, respondent or witness may have a support person present during interviews and decision-making meetings. Parties may seek legal advice and have legal counsel as a representative. The College may manage the participation of a person whose involvement creates a conflict or disruption, while preserving the party’s access to support. A support person may provide advice and take notes but must not answer factual questions for the party or interfere with evidence collection. The College will explain reasonable confidentiality requirements without imposing prohibited non-disclosure terms.
13 Confidentiality and records
The College will protect personal information and share it only as needed for support, safety, fair investigation, decisions, legal duties or other lawful purposes. Absolute secrecy cannot be promised. Where possible, the College will explain anticipated disclosure before sharing information. Parties remain free to seek appropriate medical, legal and personal support, subject to protection of other people’s personal information and applicable law.
Reports, evidence, findings, decisions and accommodation records will be securely stored, with access limited to authorized personnel. The College will retain records as required by applicable law and for policy administration, including the re-employment checks in section 6. Confidentiality arrangements must comply with the employee misconduct restrictions and student-requested exception in section 7.
14 Decisions outcomes and discipline
An uninvolved decision-maker will review the findings and determine appropriate action. A complaint alone is not a finding of misconduct. If allegations are not substantiated, the College may close the complaint without disciplinary action while continuing support or other appropriate non-disciplinary measures. Both complainant and respondent will receive written notice of the findings and decision, subject to lawful privacy limits.
Employee contraventions are addressed through section 5, including statutory consequences when its conditions are met. Student contraventions may result in a written warning, conditions on continued enrolment, suspension or expulsion, according to the seriousness and circumstances. Contractors or visitors may face restrictions on College access or contractual measures within the College’s authority. Seniority or status will not exempt a person from accountability.
Restorative measures, counselling or training may complement appropriate action where safe and voluntary. The College will review interim measures and follow up on supports and safety needs after the decision.
15 Appeals
The complainant or respondent may submit a written appeal within 15 days of receiving the decision. Grounds are material procedural error, relevant new evidence that could not reasonably have been provided earlier, or disproportionate sanctions where review is legally available. The appeal must explain the grounds and requested outcome and be sent to hr@citicollege.ca, or bod@citicollege.ca where HR has a conflict.
The Appeals Committee ordinarily consists of the Sales and Marketing Director, Campus Director and an HR representative. Members who investigated, made the original decision or have a conflict must be replaced by uninvolved persons appointed by the Board. The Committee will review the grounds and relevant record, provide a fair opportunity to respond where needed, and communicate its final internal determination in writing to both parties. Support and appropriate safety measures remain available during the appeal.
An internal appeal cannot authorize re-employment prohibited by section 6, a prohibited confidentiality term under section 7, or penalty substitution barred by the Act. Employee misconduct statutory provisions govern where their conditions are met. External legal rights remain available.
16 Retaliation and knowingly false statements
Retaliation is prohibited against a person who reports, seeks support, assists another person or participates in the process. Reprisal or threatened reprisal for rejecting a sexual advance is also prohibited. Examples include threats, intimidation, punitive grading or work decisions, or pressure to withdraw a complaint. Report concerns to the designated official or Board conflict route. The College will assess protection measures and may impose discipline up to discharge for employees or expulsion for students where justified.
Discipline for a false complaint or information requires a finding that a person knowingly made a false allegation or knowingly provided false information. An allegation that is unsubstantiated, withdrawn or not pursued is not by itself knowingly false. Any disciplinary response requires a fair process.
17 Responsibilities training and publication
Directors, owners, controlling shareholders, partners and persons directing College affairs are responsible for implementation, sufficient resources, oversight, impartial decision-making and review. Management must arrange timely responses, training and confidential records. Human Resources and the designated coordinator manage reports, supports, accommodations and safety follow-up.
Employees, instructors, contractors and agents must follow the policy, maintain professional boundaries, cooperate appropriately with procedures and comply with their reporting responsibilities. Students must respect others and comply with conduct rules; they are encouraged to support peers and seek help, but affected students are not compelled to make a complaint.
Training on this policy and its procedures will be provided to directors, controlling shareholders, owners, partners, persons managing or directing College affairs and their agents; instructors, staff, employees and contractors; and enrolled students. Training will address prevention, consent, employee boundaries, supports, reporting, privacy, retaliation and fair response.
The College will provide students with a copy of this policy when they enter into an enrolment contract, make it available to employees and publish it on its website. If there is no website, it will be posted conspicuously at each campus.
18 Review and legal administration
The designated coordinator and College leadership will review this policy annually and submit proposed changes to the governing body for approval. Student input must be considered during development and every review or amendment. Surveys, focus groups or other accessible feedback channels may be used alongside employee and external input. The College will update the policy for legislative changes and issues identified through experience, and will maintain current support information.
The College will maintain and provide the information concerning supports, accommodations, incidents and policy implementation required by the Superintendent under the Act and regulations, subject to applicable confidentiality requirements. Applicable law prevails over conflicting wording. In a conflict with another College policy, this policy governs the College response to sexual violence and employee sexual misconduct, subject to the Act.
Legal references: Ontario Career Colleges Act, 2005, sections 32.0.1 and 32.1; Ontario Regulation 415/06, sections 36.0.1 and 36.0.2; Human Rights Code; and applicable provisions of the Criminal Code (Canada).
Appendix A Community Support Resources
The following community resources provide support related to sexual violence. Contact details may change; Call 911 in an immediate emergency.
Canadian Association of Sexual Assault Centers
Assaulted Women’s Helpline
Crisis: 1-866-863-0511; #SAFE (#7233) on Bell, Rogers, Fido or Telus mobile.
TTY: 416-364-8762 or 1-866-863-7868.
https://www.awhl.org/contact-us
French-language support
Fem’aide
Crisis: 1-877-336-2433. ATS: 1-866-860-7082.
https://femaide.ca/nous-joindre/
Belleville
Sexual Assault Centre for Quinte and District
Crisis: 1-877-544-6424. Office: 613-967-6300.
https://www.sacqd.com/contact/
Bracebridge and Parry Sound
Muskoka Parry Sound Sexual Assault Services
Sexual assault helpline: 1-800-461-2929. Office: 705-646-2122.
Brantford
Sexual Assault Centre of Brant
Crisis: 519-751-3471. Office: 519-751-1164.
Brockville
Assault Response and Care Centre, Brockville General Hospital
Office: 613-345-3881 or 1-800-567-7415.
https://www.brockvillegeneralhospital.ca/programs-services/assault-response-and-care-centre
Chatham
Chatham-Kent Sexual Assault Crisis Centre
Crisis: 519-354-8688. Office/TTY: 519-354-8908.
https://cksacc.org/contact-us/
Cornwall
Sexual Assault Support Services for Women
Office: 613-932-1755. English crisis support: 1-877-544-6424. French crisis support: 1-877-336-2433.
https://www.sassforwomen.ca/contact
Akwesasne
Iethinisten:ha Women’s Shelter / Akwesasne Family Wellness Program
Crisis: 1-800-480-4208. Office: 613-937-4322.
https://www.akwesasne.ca/services/dcss/afwp
Durham Region
Durham Rape Crisis Centre
Crisis: 905-668-9200 or 1-866-905-1919. Office: 905-444-9672.
Renfrew County
Renfrew County Sexual Assault Centre
Crisis: 1-800-663-3060. Office: 613-735-5551.
Guelph
Guelph-Wellington Women in Crisis
Crisis: 519-836-5710 or 1-800-265-7233. Office: 519-836-1110.
https://gwwomenincrisis.org/contact-us/
Hamilton
Sexual Assault Centre (Hamilton and Area), SACHA
Crisis: 905-525-4162. Office: 905-525-4573.
Kenora
Kenora Sexual Assault Centre
Crisis: 807-468-7233 or 1-800-565-6161. Office: 807-468-7958.
https://kenorasexualassaultcentre.ca/index.php/contact-us/contact
Kingston
Sexual Assault Centre Kingston
Crisis: 613-544-6424 or 1-877-544-6424. Office: 613-545-0762.
Kitchener-Waterloo
Sexual Assault Support Centre of Waterloo Region
Crisis: 519-741-8633. Office: 519-571-0121.
https://www.sascwr.org/contact.html
London
Anova
Crisis: 519-642-3000 or 1-800-265-1576. Business and sexual assault counselling: 519-642-3003.
https://www.anovafuture.org/contact/
London
London Abused Women’s Centre
Office: 519-432-2204.
Peel Region
Hope 24/7
Crisis: 1-800-810-0180. Office: 905-792-0821.
Newmarket / York Region
Women’s Support Network of York Region
Crisis: 905-895-7313 or 1-800-263-6734. Office: 905-895-3646.
https://womenssupportnetwork.ca/contact-us
North Bay
Amelia Rising Sexual Violence Support Centre
Crisis: 705-476-3355. Office: 705-840-2403.
Oakville / Halton
Sexual Assault and Violence Intervention Services of Halton (SAVIS)
Crisis: 905-875-1555. Office: 905-825-3622 or 1-877-268-8416.
https://www.savisofhalton.org/contact-2/
Orangeville
Family Transition Place
Crisis: 519-941-4357, 905-584-4357 or 1-800-265-9178. Office: 519-942-4122.
https://familytransitionplace.ca/contact/
Ottawa
Sexual Assault Support Centre of Ottawa
Crisis: 613-234-2266. Office: 613-725-2160. TTY: 613-725-1657.
https://sascottawa.com/services/about/contact/
Ottawa
Ottawa Rape Crisis Centre
Crisis: 613-562-2333. Office: 613-562-2334.
Peterborough and Kawarthas
Kawartha Sexual Assault Centre
Crisis: 705-741-0260 or 1-866-298-7778. Office: 705-748-5901.
https://kawarthasexualassaultcentre.com/
Peterborough and Haliburton
YWCA Peterborough Haliburton
Crisis: 1-800-461-7656. Office: 705-743-3526.
https://ywcapeterborough.org/contact
Sault Ste. Marie
Women in Crisis (Algoma) Inc.
Crisis: 705-759-1230 or 1-877-759-1230.
https://womenincrisis.ca/contact
Sarnia-Lambton
Sexual Assault Survivors’ Centre Sarnia-Lambton
Crisis: 519-337-3320. Office: 519-337-3154. Toll-free contact: 1-888-231-0536.
https://www.sexualassaultsarnia.ca/get-support
Simcoe / Haldimand and Norfolk
Haldimand and Norfolk Women’s Services
Crisis: 1-800-265-8076. Business: 519-805-8188. Bell Relay Service: 711.
St. Catharines / Niagara
Niagara Sexual Assault Centre
Crisis: 905-682-4584. Office: 905-682-7258.
https://www.niagarasexualassaultcentre.com/contact
Thunder Bay
Thunder Bay Regional Health Sciences Centre — Sexual Assault / Domestic Violence Treatment Centre
Program contact: 807-684-6751 (Monday–Friday, 9 a.m.–5 p.m.). For urgent medical care, attend the hospital Emergency Department.
Timmins
Timmins and Area Women in Crisis
Sexual assault crisis: 705-268-8380 or 1-877-268-8380. Shelter: 705-264-7233.
Toronto — French-language services
Oasis Centre des Femmes
Toronto office: 416-591-6565. Email: services@oasisfemmes.org. Outside office hours, contact Fem’aide: 1-877-336-2433.
https://oasisfemmes.org/nous-contacter
Toronto
Toronto Rape Crisis Centre / Multicultural Women Against Rape
Crisis: 416-597-8808. Office: 416-597-1171.
Windsor
Sexual Assault Crisis Centre of Essex County
Crisis: 519-253-9667. Office: 519-253-3100.
Woodstock
Domestic Abuse Services Oxford
Crisis: 519-539-4811 or 1-800-265-1938.