LMS Montessori Teacher Education Program Sexual Violence and Sexual Harassment Policy
- Policy Application - This policy applies to all career college students of LMS Montessori Teacher Education Program.
- The Scope- The policy applies to complaints of sexual violence that have occurred on LMS Montessori Teacher Education Program’s career college campus or at one of our events and involves our students.
- Purpose and Intent - All of LMS Montessori Teacher Education Program’s career college students have a right to study in an environment free of sexual violence. This document sets out our policy on sexual violence involving our students, defines the prohibited behaviours and outlines our investigative process for sexual violence.
- Policy Objectives - LMS Montessori Teacher Education Program is committed to providing our students with an educational environment free from sexual violence and treating those students who report incidents of sexual violence with dignity and respect.
To that end, LMS Montessori Teacher Education Program will provide a copy of the policy to our students, and educate them together with our career college management, employees, and contractors about this Policy and how to identify situations that involve, or could progress into sexual violence against our students and how to reduce it.
Where a complaint has been made, under this policy of sexual violence, LMS Montessori Teacher Education program will take all reasonable steps to investigate it, including as follows:
- Providing on campus investigation procedures to students for sexual violence complaints.
- Responding promptly to any complaint and providing reasonable updates to the complainant and the respondent about the status of the investigation;
- Assisting students who have experienced sexual violence in obtaining counselling and medical care;
- Providing students who have experience sexual violence with appropriate academic and other accommodation; and
- Providing students who have experienced sexual violence with information about reporting options as set out in Appendix 1.
5. Definition of Sexual Violence - This policy prohibits sexual violence which 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.
6. Reporting and Responding to Sexual Violence - Students, faculty and staff of LMS Montessori Teacher Education program will take all reasonable steps to prevent sexual violence involving our students on our career college campus or events by reporting immediately to our LMS Teacher Education program Director, if our students have been subject to, or they have witnessed or have knowledge of sexual violence involving our students, or have reason to believe that sexual violence has occurred or may occur which involves our students.
Subject to paragraph 7 below, to the extent it is possible, our LMS Teacher Ed. Director or designate will attempt to keep all information disclosed confidential except in those circumstances she believes an individual is at imminent risk of self-harm, or of harming another, or there are reasonable grounds to believe that others on our campus or the broader community are at risk.
LMS Montessori Teacher Education program recognizes the right of the complainant to determine how her or his complaint will be dealt with. However, in certain circumstances, LMS Montessori Teacher Education program 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.
A complainant seeking accommodation should contact our Director of LMS Montessori Teacher Education Program.
7. Investigating Reports of Sexual Violence - A complaint of sexual violence may be filed under this policy, by any student of our career college, to our LMS Teacher Education Program Director in writing.
A: A complainant or party to an investigation or decision-making process has the right to have another person present with him or her at every stage of the process.
B: 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 career college’s staff or investigators, including irrelevant questions relating to the student’s sexual expression or past sexual history, or alcohol or drug use.
C: During an investigation, LMS Montessori Teacher Education Program Director or designate will take interim corrective action to prevent continuing harassment while the investigation proceeds. Such interim corrective action might include non-disciplinary leaves of absences for either or both the complainant and the respondent, or temporary transfers aimed at separating the parties until the investigation is complete.
D: The victim of sexual violence may choose to request that there be no investigation by the career college,and has the right to not participate in any investigation that may occur.
Upon a complaint of alleged sexual violence being made, our LMS T.Ed. Director or designate will initiate an investigation, including as follows:
- Determining whether the incident should be referred immediately to police;
- Determining what interim measures, if any, need to be taken during the investigation;
- Meeting with the complainant to determine 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;
- Interviewing the complainant, any person involved in the incident and any identified witnesses;
- Interviewing any other person who may have knowledge of incidents related to the complaint or any other similar incidents;
- Informing the respondent of the complaint, providing details of the allegations and giving the respondent an opportunity to respond to those allegations;
- Providing reasonable updates to the complainant and the respondent about the status of the investigation; and
- Determining what disciplinary action, if any, should be taken.
8. Findings and Recommendations – A final report with recommendations on the investigation will be submitted to the LMS Teacher Education Director.
The LMS Teacher Education Program Director or designate shall advise both the complainant and respondent whether sexual harassment was found to have occurred and what progressive disciplinary steps, if any, will be taken, up to and including discharges or expulsion from LMS. If progressive discipline and/or discharge are recommended, appropriate steps shall come into effect.
Any student or staff member of LMS Montessori Teacher Education Program who has a question about this complaint procedure may contact the LMS Director.
9. Disciplinary Measures – If it is determined by LMS Montessori Teacher Education program that a student of our career college has been involved in sexual violence, immediate disciplinary or corrective action will be taken, up to and including termination of employment of instructors or staff or expulsion of a student.
In cases where criminal proceedings are initiated, LMS Montessori Teacher Education Program will assist police agencies, lawyers, insurance companies, and courts to the fullest extent.
Where criminal and/or civil proceedings are commenced in respect of allegations of sexual violence, LMS Montessori Teacher Education Program may conduct its own independent investigation and make its own determination in accordance with its own policies and procedures.
10. Appeals - Appeals of any sanction decisions under this Policy may be submitted in writing to the LMS Teacher Education Program Director, or their designate, within ten (10) business days of receipt of decision.
Appeals will be limited to the following grounds: a) Procedural error, b) New Information, c) The sanction imposed is not reasonable or is substantially disproportionate to the circumstances or offence. A written request for appeal must provide sufficient evidence to support one of the grounds above and shall include: 1) A statement for grounds of appeal, 2) Remedy or relief sought, 3) Copies of relevant documents or evidence that support the appeal, 4) In the event of new facts, copies of the evidence and an explanation as to why the evidence was not available earlier
11. Making False Statements – It is a violation of this policy for anyone to knowingly make a false complaint of sexual violence or to provide false information about a complaint. Individuals who violate this 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.
12. Reprisal – It is a violation of this policy to retaliate or threaten to retaliate against a complainant who has brought forward a complaint of sexual violence, provided information related to a complaint or otherwise been involved in the complaint investigation process. Individuals who violate this 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.
13. Confidentiality – Due to the confidential nature of this sensitive matter, and to ensure protection of the employee’s privacy, LMS Director and designate will not disclose the name of the complainant, the respondent, or the circumstances related to the complaint to any person not directory involved in the investigation, except where disclosure is necessary for the purposes of investigating the complaint or for taking disciplinary measures in relation thereto.
14. Review – This policy will be reviewed 3 years after it is first implemented.
15. Collection of Student Data – LMS Montessori Teacher Education Program 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 32.2 (8), (9), and (10) of Schedule 5 of the Ontario Career Colleges Act, 2005 as amended.
16. Resources – Appendix 1 lists provincial rape crisis centres which could be provided as resources
Appendix 1
Canadian Association of Sexual Assault Centres, Ontario
Assaulted Women’s Helpline, Toll free: 1-866-863-0511 TTY: 416-364-8762 www.awhl.org
Sexual Assault/ Domestic Violence Treatment Centres:
Local- Sexual Assault Crisis Centre of Essex County, Crisis: 519-253-9667 www.saccwindsor.net