Sexual Violence Policy

• Related Documents:  Discrimination and Harassment Prevention Policy;  (PDF file) Student Code of Non-Academic Conduct (Policy 61); Housing & Residence Life Community Standards;  (PDF file) Workplace Violence Prevention and Response Guide; Workplace Civility and Respect Policy;   (PDF file) Guidelines for Managing Real, Potential, and Perceived Conflicts of Interest; Acceptable Use of Information Technology Policy 
• Owner: Provost and Vice-President, Academic; Vice-President, Administration and Operations; and Vice-President, Equity and Community Inclusion
• Approver:  Board of Governors
• Approval Dates:  2015; 2016; 2019; 2021; 2024
• Review Date:  Every three (3) years

I.    Introduction

Toronto Metropolitan University (“TMU” or “University”) is committed to fostering learning, working, and living environments free from sexual violence and will not tolerate it in any form. Sexual violence is a serious problem that demands attention and intervention throughout society and within institutions. Sexual violence impacts all members of the TMU community, including survivors, their friends and families, and those who work closely with survivors as supporters, advocates and educators. To ensure the well-being of TMU community members, the University is committed to combatting sexual violence in all its forms through education and awareness and by responding to incidents of sexual violence through a process that is trauma-informed, procedurally fair and holds those who have breached this Sexual Violence Policy (“Policy”) accountable.

II.    Purpose

The purpose of the Sexual Violence Policy is to establish TMU’s commitment to addressing sexual violence and rape culture through fostering and promoting a culture of consent, awareness, education, training and prevention programs, survivor support, the appropriate handling of reports or complaints of incidents of sexual violence and holding those who cause harm accountable. 

This Policy is intended to: 

a. Comply with all legislative requirements, including the Ministry of Training, Colleges and Universities Act, R.S.O. 1990, c. M.19 (external link) , the Ontario Human Rights Code, R.S.O. 1990 (external link) , and the Occupational Health and Safety Act, R.S.O. 1990, c 0.1 (external link) .

b. Outline TMU’s statement of values and commitments to raise awareness and provide education to community members to promote a culture of consent in which everyone has a responsibility to understand and prevent sexual violence.

c. Prevent sexual violence and reduce the risk of sexual violence incidents.

d. Respond to the needs of survivors in the TMU community for support and empowerment.

e. Outline a procedurally fair complaint resolution process for responding to complaints and reports of sexual violence, including alternative resolution or investigation and decision-making processes.

f. Outline accountability measures for those who are found to have breached this Policy. 

III.   Definitions 

a. Sexual Violence

i. Consent: The active, ongoing, informed and voluntary agreement to engage in physical contact or sexual activity. Please also refer to Section V: Policy, Part One: Education and Support, a. Parameters of Consent.

ii. Sexual Violence: An umbrella term that covers 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. Sexual violence is, at its core, an abuse of power.

iii. Rape Culture: A culture in which dominant ideas, social practices, media images, and societal institutions implicitly or explicitly condone or excuse sexual violence by normalizing or trivializing sexual violence and by blaming survivors for the abuse.

b. Sexual Violence includes but is not limited to:

i. Cyber-flashing: Sending unsolicited sexual images to someone online, through various forms of technology, including but limited to Bluetooth or AirDrop transfers between devices.

ii. Cyber-sexual Violence: The use of technology or technological platforms (for example, artificial intelligence (AI), internet, cellular phones, emails, text messages, social media, software, communication and social applications or platforms, etc.) to engage in sexual violence or to sexually abuse, harass, threaten, coerce, monitor, or exploit another individual, including:

a. Creating, producing, publishing, distributing, transmitting, selling, making available or advertising an intimate image of a person without their consent. An intimate image includes but is not limited to a visual or audio recording of a person, a photographic, digital or video recording in which the person is nude or engaged in sexual activity.

b. Spreading information online regarding a person’s sexuality, sexual expression, practices, behaviour, or activities.

c. Non-consensual sexting, cyber-flashing, revenge porn, and cyber-stalking/surveillance. 

iii. Gender-Based Violence: Violence directed against a person because of that person's gender or violence that affects persons of a particular gender disproportionately.

iv. Indecent Exposure: The deliberate act of exposing intimate parts of the body in a lewd or sexual manner in a public space.

v. Intimate Partner Violence: Behaviour within an intimate relationship that causes physical, sexual or psychological harm, including acts of physical aggression, sexual coercion, psychological abuse and controlling behaviours such as economic and social control. This definition covers violence by both current and former partners.

vi. Revenge Porn: Sharing of private, sexual materials, either photos, audio or videos, of another person without their consent.

vii. Sexting: Sending sexually explicit messages or images to someone through a phone using texts or apps.

viii. Sexual Assault: Any physical sexual contact without mutual consent. It can include unwanted kissing, fondling, intercourse, or other forms of penetration (including oral or anal sex), or any other unwanted act of a sexual nature.

ix. Sexual or Romantic Coercion: The use of emotional manipulation, unreasonable and persistent pressure, blackmail, threats, or the promise of rewards or special treatment to persuade someone to engage in sexual acts.

x. Sexual Harassment: A course of unwanted comments or conduct of a sexually oriented nature where the person responsible for the comments or conduct knows or ought reasonably to know that these are unwelcome. Sexual harassment may also consist of unwelcome comments or conduct based on gender or that promote gender-based violence, which are not of a sexual nature but are demeaning, such as derogatory gender-based jokes or remarks.

xi. Sexual Innuendos: Subtle and derogatory material charged with sexual references, such as jokes, pictures, suggestive remarks, and double-meaning comments.

xii. Sexual Misconduct: In accordance with Bill 26, Strengthening Post-Secondary Institutions and Students Act, 2022, sexual misconduct in relation to the treatment of a student by an employee of the University is defined as:

a. Physical sexual relations with the student, touching of a sexual nature of the student or behaviour or remarks of a sexual nature toward the student by an employee of TMU 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 a sexual solicitation or advance, or

iii. the act constitutes sexual misconduct as defined in this policy or contravenes this policy or any other policy, rule or other requirement of the University respecting sexual relations between employees and students, or 

b. Any conduct by an employee of TMU that infringes the right of the student under clause 7(3)(b) of the Human Rights Code to be free from reprisal or threat of reprisal for the rejection of a sexual solicitation or advance. 

xiii. Sexual Solicitation: Sexual solicitation or advance made by a person in a position to confer, grant or deny a benefit or advancement, where the person knows or ought reasonably to know that the solicitation or advance is unwelcome.

xiv. Stalking: Pattern of repeated and unwanted attention or behaviours that collectively instil fear in a person or threaten a person’s safety or mental health. Stalking can include persistent communication without consent, threatening or obscene gestures, surveillance, sending unsolicited gifts, and threats to harm a person’s friends and/or family.

xv. Stealthing: Non-consensual removal or purposefully damaging a condom during sexual intercourse.

xvi. Voyeurism: The surreptitious observing of a person without their consent and in circumstances where they could reasonably expect privacy, including direct observation, by mechanical or electronic means, or recordings. 

c. Complaint Resolution Process 

i. Complaint: A report to Human Rights Services by a person directly affected by an incident of sexual violence that initiates an assessment of whether a complaint resolution process or any other steps are appropriate under this Policy.

ii. Complainant: The person who filed the complaint to initiate a complaint resolution process under this Policy. In certain circumstances, a complaint may proceed in accordance with this Policy with the University as the complainant.

iii. Complaint Resolution Process: The process initiated under this Policy when Human Rights Services receives a complaint or report and determines that it falls within the jurisdiction of the University and meets the threshold to proceed through an alternative resolution or investigation process.

iv. Decision: The process of making an official decision after a complaint or report of sexual violence has been investigated, including findings of whether there has been a breach of the Policy and a determination of whether any remedies or accountability measures are required. 

v. Decision Maker: The person in senior leadership, or their delegate, designated by the University as responsible for making a decision following an investigation under this Policy.

vi. Disclosure: This Policy includes two types of disclosures:

a. Disclosure of Sexual Violence: when someone chooses to inform a TMU community member about an incident of sexual violence.

b. Disclosure of Consensual or Romantic Relationship by an Employee in a Position of Authority: the requirement of an employee in a position of authority to notify a relevant authority in writing of consensual romantic or sexual activities or relationships as required and outlined in Section IV (d), Values and Guiding Principles, Employees in Positions of Authority and Consensual Romantic or Sexual Activity or Relationships, below.

vii. Report: A report to Human Rights Services of an incident of sexual violence that initiates an assessment of whether a complaint resolution process or any other next steps are appropriate under this Policy.

viii. Reprisal: Retaliation or threatening or attempting to retaliate against a person for making a disclosure, a complaint or report of sexual violence, cooperating with or participating in a complaint resolution process or for otherwise pursuing their rights under this Policy.

ix. Restorative Justice: Stemming from Indigenous practices, restorative or transformative justice is a set of approaches to resolving a complaint or report that requires a deep understanding of the harm caused, the needs of those affected, and the strategies for moving forward as a community and creating lasting change. Using processes such as community conferencing or circles, those who have caused harm and various stakeholders are actively engaged in understanding what happened and the impact of the harm caused, and they hold those who have harmed accountable and responsible not only for their past actions but for shaping the future.

x. Respondent: The person who is alleged to have engaged in sexual violence and who is the subject of the complaint or report proceeding through a complaint resolution process under this Policy. xi. Survivor: An individual who has disclosed that they have experienced sexual violence. For the purposes of this Policy, the term “survivor” is used; however, people who have been subjected to sexual violence have the right to choose the language to be used when referring to them.

xii. TMU community: TMU students, faculty, staff, contractors, volunteers, and guests.

a. Students include all currently enrolled students, including full-time and part-time undergraduate and graduate students, including Chang School students, as well as former students if they were enrolled at the time of the alleged incident of sexual violence. 

b. Faculty includes tenure and tenure-track faculty, librarians, professional counsellors, limited term faculty, contract lecturers, as well as adjunct, clinical and visiting faculty.

c. Staff includes all non-faculty employees, including full-time, part-time and casual employees.

IV.    Values and Guiding Principles 

 a. Alignment of University Policies

i. This Policy is to be read in alignment with other relevant University policies, including the Discrimination and Harassment Prevention Policy, Student Code of Non-Academic Conduct (Policy 61), Workplace Civility and Respect Policy, and Conflict of Interest Policy.

b. Equity, Diversity, Inclusion and Belonging

i. TMU is committed to equity, diversity, inclusion and belonging. TMU is a diverse community, and the University recognizes that efforts to address sexual violence need to be grounded in the understanding that each person’s experience will be affected by many factors, including the intersection of their identities, including their sex, gender identity and expression, experiences of colonization, intergenerational trauma, ancestry, race, ethnicity, language, disability, creed, age, socioeconomic status, and sexual orientation.

ii. While sexual violence impacts people of all genders, the University recognizes that sexual violence is a form of gender-based violence that is predominantly committed against those who identify as women and gender-diverse people. Certain populations are more likely to experience gender-based violence based on the intersection of multiple identities, including but not limited to those who may also be Indigenous, Black, racialized, newcomers, transgender, queer, young, or disabled.

iii. The University is committed to ensuring that its prevention efforts, support services and complaint resolution processes apply a trauma-informed approach and an anti-oppression framework. In addition, complaint resolution processes will comply with the principles of natural justice and procedural fairness. 

c. Accountability

i. TMU Community members found to have engaged in sexual violence will be held accountable. In determining accountability measures, TMU will apply principles of proportionality and progressive discipline.

d. Employees in Positions of Authority and Consensual Romantic or Sexual Activity or Relationships

i. The University strongly discourages romantic or sexual activity or relationships involving all employees in positions of authority and any students or employees over whom they exercise authority. Should a consensual romantic or sexual activity occur or begin, the employee in a position of authority is required to make timely and confidential written disclosure of it to a relevant authority in accordance with this Policy and the Conflict of Interest Policy.

V.    Policy

Part One – Education and Support

a. Parameters of Consent

The University, through the efforts of the Office of Sexual Violence Support and Education (Consent Comes First) and its partners, works to promote a consent culture on campus based on the following principles:

i. Consent is active, not passive or silent. Consent must be affirmative, ongoing, informed, respectful and engaged. There is no consent when a person, by words or conduct, expresses a lack of agreement to engage in the activity.

ii. Consent to one sexual act does not constitute or imply consent to a different sexual act. Consent can be rescinded or withdrawn when a person expresses, by words or conduct, a lack of agreement to continue to engage in the activity.

iii. Consent cannot be given by a person who is incapacitated by alcohol or drugs or who is unconscious or otherwise lacks the capacity to give consent. A person is also incapable of consenting if they cannot understand the sexual nature of the activity or cannot understand that they may choose to decline to participate in the activity.

iv. Consent must be freely given. Consent cannot exist under conditions of coercion. Consent cannot be obtained through implicit or explicit threats of violence; abuse of power, trust or authority; or threats, whether in relation to work, academic, professional, and extracurricular activities, opportunities, and outcomes or otherwise; or the threat of releasing sensitive information.

v. Where there is an imbalance of power between individuals within the University that is the result of professional roles or authority, there is a risk that consent is not freely given in romantic or sexual activities or relationships. This may include romantic or sexual activities or relationships involving all individuals in positions of authority (including, without limitation, faculty, contract lecturers, managers, supervisors, coaches or trainers) and any students and/or employees over whom they exercise authority (for example and without limitation, with respect to grading, teaching, evaluating, advising, or supervising).

vi. It is the responsibility of the person who wants to engage in physical contact or sexual activity to make sure that they have consent from the other person(s) involved.

vii. Consent is required regardless of the parties’ relationship status or sexual history together. 

viii. Impaired judgment on the part of the person accused that leads them to think or believe there was consent is not an excuse for an act of sexual violence and does not preclude the application of this Policy. 

b. Awareness, Prevention, Education and Training

Consent Comes First works with on and off-campus partners including, but not limited to, student groups and unions, academic departments, staff departments such as Student Affairs, Workplace Wellbeing Services, Human Resources, the Office of Vice Provost Faculty Affairs, The Centre for Excellence in Learning and Teaching, Human Rights Services, and Community Safety and Security to develop an annual education strategy that includes campaigns, training sessions, workshops, print and online resources, programs and events on a breadth of topics related to sexual violence prevention on campus.

These educational initiatives explore topics such as consent culture, sexual violence awareness, resources for survivors, bystander interventions and supports. The audience for these efforts includes students, employees and visitors to the TMU campus. Education includes training on consent and on this Policy, the prevention of sexual violence, and how to respond to incidents of sexual violence, with content tailored to the audience and relevant to their roles and responsibilities in relation to this Policy. A particular emphasis is placed on educating new members of the TMU community about sexual violence prevention through student and employee orientation activities.

Faculties, schools, departments, zones and other TMU offices and affiliated groups are encouraged to include education related to consent culture and sexual violence awareness in course materials and program curriculum where appropriate. They are also encouraged to use trained facilitators who understand the sensitivity with which these topics must be raised, who have the skills to respond appropriately to disclosures and to those who may be triggered by the content of the material or resulting discussions. 

c. Support for People Affected by Sexual Violence

TMU community members who disclose that they are survivors of sexual violence can seek support, appropriate accommodation or academic considerations through Consent Comes First or Workplace Wellbeing Services. Survivors are entitled to support regardless of where or when they experienced sexual violence or whether the person who caused them harm is a member of the TMU community. They are also entitled to support regardless of whether they commence or participate in a complaint resolution process under this Policy or where there is no jurisdiction to commence a complaint resolution process under this Policy.

Each survivor’s needs are different, and the types and forms of support and accommodation made available will be tailored to the survivor’s needs on a case-by-case basis.

Consent Comes First works with student survivors to determine supports tailored to their needs, including but not limited to connections to resources, academic accommodations and/or academic considerations. 

Workplace Wellbeing Services supports employee survivors in determining supports tailored to their needs, including but not limited to connections to resources and any workplace accommodation needs. In some cases, for example, where the survivor is a student and staff member, Consent Comes First and Workplace Wellbeing Services will collaborate to meet the needs of the survivor. 

Part Two - Complaint Resolution Process: Policy and Principles

a.  Policy Breaches

It is a breach of this Policy to engage in any form of sexual violence. It is also a breach of this Policy to fail to adhere to confidentiality requirements, fail to comply with interim measures, engage in threats or acts of reprisal, and/or fail to comply with accountability measures issued under this Policy. 

b.  Application and Scope

i. The complaint resolution process under this Policy applies to TMU community members who are alleged to have engaged in sexual violence where there is a connection to the University’s learning, working and/or living environments, and when the incident(s) occurred:

a. On campus: Including University property, buildings and spaces either rented or owned, equipment or infrastructure, whether as part of TMU’s main or satellite campus(es).

b. Off-campus:

i. Engaging in TMU-related activities, including:

1. Academic activities such as a course, co-op placement, or experiential learning opportunity;

2. Co-curricular activities, including student club or varsity athletic events;

3. Employment-related activities or events.

ii. Using TMU-related information technology platforms and infrastructure or engaging in other University-affiliated online environments, including:

1. University-owned or run property or equipment, including but not limited to telephones, cellular phones, computers and computer networks.

2. University email accounts, D2L Learning Brightspace, Zoom or Google meeting spaces.

3. University-affiliated social media accounts. 

4. Social media platforms or online communication groups created and used by TMU community members for the purposes of participating in University-related activities, such as students in program, course or study groups or employees in work-related networking groups.

ii. The complaint resolution process under this Policy may also apply to TMU community members who are alleged to have engaged in sexual violence in other off-campus or online environments. In determining whether this Policy applies, Human Rights Services will consider all relevant factors, including:

a. The nature of the alleged incident of sexual violence and its connection to and impact on a TMU community member(s) and the University’s learning, working or living environments;

b. Potential risk to a TMU community member(s) and/or the University community;

c. Other relevant contextual factors.

iii. This Policy and its procedures may continue to apply even if a person's relationship with TMU changes or terminates. The complaint resolution process under this Policy may be initiated or completed even if the respondent is no longer a current TMU community member.

iv. If a conflict arises between the provisions of this Policy and any relevant collective agreement, the terms of the collective agreement prevail, unless the collective agreement is in conflict with TMU’s legislative obligations. 

c.  Principles Governing the Complaint Resolution Process

i. Trauma-Informed Approach

TMU recognizes that the complainant, respondent and witnesses may have experienced trauma in their lives which may be triggered during a complaint resolution process. A trauma-informed approach and processes are engaged to avoid and/or minimize re-traumatization. It includes respectful and transparent communications between Human Rights Services, the investigator and the parties, and ensuring understanding and consideration for how trauma affects individuals’ memories and responses to an incident of sexual violence.

ii. Support Persons

Complainants, respondents and witnesses have the right to identify a support person or representative to accompany them in any step of the complaint resolution process. Support persons may include an Elder, spiritual advisor, friend, family member, employee union representative, legal professional, colleague, etc. A support person cannot be an individual with direct knowledge of or involvement in the incident of sexual violence that is the subject of the complaint resolution process.

A support person provides support and does not act as an advocate or speak on behalf of the complainant, respondent or witness in the process.

Support for complainants will normally be facilitated by Consent Comes First (for students) or Workplace Wellbeing Services (for employees). Support for student respondents will normally be facilitated through the Office of Student Care. Support for employee respondents will be consistent with any applicable collective agreement provisions. 

iii. Questions About Sexual Expression or Past History

Survivors who disclose their experience of sexual violence through, accessing support for sexual violence, reporting an incident of sexual violence, reporting an incident of sexual violence or participating in a complaint resolution process will not be asked irrelevant questions by TMU staff or investigators, including irrelevant questions relating to their sexual expression or sexual history.

iv. Procedural Fairness

TMU has a duty to be fair to all parties in the complaint resolution process, including in investigations and decision-making where a TMU community member may be found to have breached this Policy and where accountability measures are imposed.

Principles of procedural fairness also require that a respondent be aware of the allegations against them, be provided with a full and fair opportunity to respond to the allegations, and that both the complainant and the respondent have a full and fair opportunity to respond to relevant evidence presented in an investigation.

Procedural fairness includes the right to an investigator and decision maker who is neutral and impartial. This means that the investigator and decision maker should not be biased, should have an open mind, should not have a personal interest in the outcome of the matter, and should consider all the evidence before making their decision.

The way in which the duty to be fair is demonstrated in the process is context-specific. For example, the more serious the allegations in the complaint or report and the more severe the potential accountability measures, the higher the level of procedural fairness required. The University reserves the right to adjust the complaint resolution process to ensure procedural fairness in accordance with the facts of the individual case with notice to the parties.

Where applicable, the complaint resolution process will be conducted in a manner consistent with the terms of any relevant collective agreement.

v. Transparency of the Complaint Resolution Process

The complainant and the respondent will be advised of their rights and responsibilities related to this Policy and throughout the complaint resolution process. 

The complainant and respondent will be provided with progress updates and informed of any decisions throughout the complaint resolution process, subject to the University's obligations surrounding privacy and confidentiality under applicable law.

vi. Timeliness

Every effort will be made to complete the complaint resolution process in a timely manner while maintaining a trauma-informed approach for all parties and ensuring procedural fairness. 

d.  Confidentiality 

Confidentiality is critical in creating a culture and environment where survivors feel safe disclosing an experience of sexual violence and seeking support. The University is committed to ensuring such a culture and environment exists and will keep personal information confidential when there is a disclosure of sexual violence or the initiation of a complaint resolution process under this Policy.

All members of the TMU community who receive a disclosure of sexual violence or who are involved in a complaint resolution process must keep the matter confidential, except in accordance with the terms of this Policy, in order to protect the rights and privacy of those involved and preserve the integrity of the process. However, University employees (other than TMU health care providers) who receive disclosures of sexual violence are required to report such information to Human Rights Services to determine if it may be necessary to initiate a complaint resolution process under this Policy.

The University and Human Rights Services will only share information relating to a disclosure or report of sexual violence on a need-to-know basis when it is reasonably necessary for the implementation of the complaint resolution process under this Policy and/or to comply with the University’s legal obligations. For example:

i. Human Rights Services or other University offices may be required to share information about reports of sexual violence when it is necessary to administer the complaint resolution process under this Policy, for example, to implement interim measures, conduct an investigation, make a decision or apply accountability measures.

ii. Human Rights Services or other University offices may have a duty to investigate reports of sexual violence under The Ministry of Training, Colleges and Universities Act, the Ontario Human Rights Code and/or the Occupational Health and Safety Act.

iii. Human Rights Services or other University offices may have a duty to report when an individual is at risk of life-threatening self-harm or at risk of harming others, or where there is a risk to the safety of the University and/or broader community.

iv. Human Rights Services or other University offices may have a legal duty to inform a professional regulator.

v. Human Rights Services or other University offices may otherwise need to disclose information as required by law. 

The University protects personal information and handles records in accordance with its policies, the Freedom of Information and Protection of Privacy Act, the Personal Health Information Protection Act, and the provisions of applicable employee collective agreements.

e.  Freedom from Reprisal

Every member of the TMU community has a right to claim and enforce their rights under this Policy, to provide evidence and to participate in proceedings under this Policy, without reprisal or threat of reprisal.

f.  Withdrawal of a Complaint

At any time throughout the complaint resolution process, before a decision is rendered, a complainant may choose to withdraw their complaint. They should communicate, in writing, their decision to withdraw their complaint to Human Rights Services. In some circumstances, the University may still pursue the complaint (see Part III (i) Circumstances where the University may proceed without a Complainant). If a complaint is withdrawn, complainants and respondents can still seek support through the appropriate offices on campus.

g.  Multiple University Policies

Where complaints or reports under this Policy may also engage other University policies, Human Rights Services may work with the appropriate offices to coordinate and/or undertake a joint complaint resolution process. Where complaints or reports may be more appropriately dealt with under another policy or process, an appropriate referral will be made.

h.  Trained Personnel

Personnel involved in the complaint resolution process, including staff in Human Rights Services and other offices, investigators and decision makers, will be trained in their roles under this Policy, including on topics of sexual violence, trauma-informed processes, procedural fairness and the impact of intersecting identities on how an individual may experience sexual violence.

i.  Amnesty Provision

Anyone who makes a report or complaint of sexual violence in good faith will not themselves be subject to discipline or sanctions for breaches of TMU’s policies relating to any drug or alcohol use that may have occurred at the time of the alleged sexual violence.

j.  Maintenance of Statistics and Reporting

TMU will maintain annual statistics about the supports, services, and accommodations provided to students, in addition to information about programs and initiatives for students relating to sexual violence. TMU will also maintain annual statistics about the number of incidents and complaints of sexual violence reported by students under this Policy.

Such statistics and information about the implementation and effectiveness of this Policy will be provided annually to the Board of Governors, reviewing the preceding year. TMU shall take reasonable steps to ensure the information provided in the annual report does not disclose personal information within the meaning of the Freedom of Information and Protection of Privacy Act.

Part Three - Complaint Resolution Process: Procedures

a. Making a Complaint under this Policy

Complaints and reports of sexual violence under this Policy can be made by contacting Human Rights Services.

Human Rights Services Location:

POD 254A

Email: humanrights@torontomu.ca

Phone: 416-979-5349 

If a complaint or report of sexual violence is received by another University office, it can be referred to Human Rights Services for review under this Policy.

A complainant may file a complaint in writing via e-mail or letter or request an in person or virtual meeting or telephone call with Human Rights Services to make their complaint. Human Rights Services is a neutral office that administers the complaint resolution process under this Policy. The role of the person receiving the complaint is to listen, clarify details and assess appropriate next steps.

Throughout the complaint resolution process, the survivor will be referred to as the complainant and the person alleged to have breached the Policy will be referred to as the Respondent.

b. Process for Determining Whether a Complaint or Report will Proceed through the Complaint Resolution Process

Once a complaint or report is shared with Human Rights Services, the Director or designate will conduct a preliminary assessment and consider the appropriate next steps under this Policy. This will include:

i. Referring the complainant to Consent Comes First or Workplace Wellbeing Services for support and referral to additional resources.

ii. Determining the jurisdiction of Human Rights Services to proceed to address the complaint or report under this Policy.

iii. Determining whether the complaint or report contains allegations that constitute sexual violence as defined in this Policy, and/or if the matter is to be referred for review under a different policy, such as the Discrimination and Harassment Prevention Policy, Student Code of Non-Academic Conduct (Policy 61), or Workplace Civility & Respect Policy.

Once Human Rights Services completes a preliminary assessment and determines that the complaint or report will proceed through a complaint resolution process under this Policy of the complaint, they will issue a Notice of Complaint Resolution Process in writing to all parties advising them of their rights and responsibilities and the next steps in the process.

c. University as Complainant

In some cases, the University may elect to be the complainant in a complaint resolution process under this Policy. Examples of such circumstances include but are not limited to:

i. Where there is a risk to the safety of individuals and/or the broader TMU community.

ii. Where the University has a legal duty to investigate, such as under the Ministry of Training, University and Colleges Act, the Ontario Human Rights Code and/or Occupational Health and Safety Act.

iii. Where the incident otherwise falls within Part Two (b) Application and Scope of this Policy as outlined above, but the individual directly affected wishes to be a witness in an investigation and not the complainant.

iv. Where the incident otherwise falls within Part Two (b) Application and Scope of this Policy as outlined above, but the alleged incident was perpetrated by a TMU community member against a non-TMU community member. In these circumstances, the individual affected by the alleged incident of sexual violence may choose whether to participate in the complaint resolution process as a witness. The individual may request to receive information about the general progress of the complaint resolution process, even if they choose not to participate in the process. Human Rights Services will consider their request while balancing applicable confidentiality and privacy obligations.

d. Notice of Complaint Resolution Process

Human Rights Services will provide a Notice of Complaint Resolution Process to the complainant, the respondent and the investigator, if one has been appointed.

The Notice of Complaint Resolution Process will include the following information:

Human Rights Services will provide a Notice of Complaint Resolution Process to the complainant, the respondent and the investigator, if one has been appointed.

The Notice of Complaint Resolution Process will include the following information:

i. A link to this Policy and any other related policies.

ii. A summary of the allegations that make up the complaint or report.

iii. Confirmation of the right to a support person or representative during the complaint resolution process, including the contact information for the University support office designated to support the parties.

iv. Details of any interim measures that will be in place during the complaint resolution process, including advising that such interim measures may be revised if needed throughout the process with further notice provided to the parties.

v. Information about confidentiality and the right to be free from reprisal or threats of reprisal under this Policy.

vi. The name and contact information of the Human Rights Services case manager, investigator and decision maker (if appointed at the time of issuing the Notice).

After Human Rights Services has issued a Notice of Complaint Resolution Process to the parties, the Human Rights Services case manager will meet separately with the complainant and respondent and will:

i. Explain to each party their rights and responsibilities in the complaint resolution process, including information about alternative resolution and investigation and decision-making processes.

ii. Discuss details of interim measures, if applicable.

iii. Explore whether the complainant and respondent are interested in exploring an alternative resolution, as opposed to the completion of an investigation and decision-making process.

iv. Answer any questions. 

f. Interim Measures during the Complaint Resolution Process

In some cases, it may be necessary to implement appropriate interim measures during a complaint resolution process under this Policy. Interim measures are temporary measures put in place to protect the parties, the community, and the integrity of the complaint resolution process. Such measures are without prejudice to the ultimate outcome of the complaint resolution process.

Examples of interim measures that might be considered include:

i. Restrictions on contact and communication between the complainant and respondent, or other members of the TMU community.

ii. Changes to student course and/or section enrollments.

iii. Changes in employment assignments or reporting structures.

iv. Restrictions to access campus or parts of campus.

v. Changes within University housing if the parties are residing in Student Housing.

Where the respondent is an employee and any interim measures implemented by the University affect the respondent’s terms and conditions of employment, the normal procedures of any relevant collective agreement will apply to the implementation of the interim measures.

The complainant or respondent may notify Human Rights Services if there is a change of circumstances, and the interim measure(s) may be modified if appropriate throughout the complaint resolution process.

There may be serious consequences for a respondent who is found to have violated interim measures imposed under this Policy, which may include the additional accountability measures as outlined below. 

g. Alternative Resolution

Alternative resolution refers to alternative forms of complaint resolution that do not include an investigation or issuing a decision (see examples below).

Human Rights Services will consider whether alternative resolution is appropriate considering all relevant factors, including the complainant’s desired outcomes, the nature and severity of the alleged incident of sexual violence, the potential risk or harm to the TMU community, and the willingness of the complainant and the respondent to participate in the process.

For alternative resolution to be a meaningful process, parties must engage in the process voluntarily and with informed consent and remain free from reprisal. During the alternative resolution process, the complainant or the respondent may withdraw their consent to participate at any time and Human Rights Services will consider whether it is possible and appropriate to move to an investigation and decision-making process.

Alternative resolution can take many forms, including, for example:

i. The respondent’s agreement not to contact or communicate with the complainant.

ii. The respondent’s agreement to participate in education about sexual violence and consent.

iii. The respondent’s agreement to participate in counselling.

iv. The respondent’s agreement to be governed by a period of probation.

v. The respondent’s agreement not to access designated University premises or services.

Alternative resolution may also include restorative or transformative justice approaches, including processes such as facilitated discussions, community conferencing or circle processes. During such processes, those who have caused harm and various stakeholders will actively engage in understanding the harm that was caused and its impact and hold those who have caused harm accountable and responsible not only for their past actions, but for shaping the future.

If the complainant and respondent are able to reach a resolution, a written record of the alternative resolution agreement will be prepared by Human Rights Services and signed by both parties. Human Rights Services will keep the signed alternative resolution agreement and provide a copy to the complainant and respondent and relevant University offices.

Human Rights Services will monitor the implementation of the alternative resolution agreement and ensure the parties’ compliance. If there is a failure to comply with the terms of an alternative resolution agreement, the complaint may continue to an investigation and decision-making process in accordance with this Policy.

h. Investigation

If a complaint or report is not resolved through alternative resolution, Human Rights Services will initiate an investigation and determine its scope.

Human Rights Services will appoint an impartial investigator with knowledge, training and experience in sexual violence investigations and related issues. The investigator may be internal or external to the University. If the complainant or respondent reasonably believes that the investigator may have a conflict of interest, they may request an alternative investigator in writing, explaining the reasons for their request. Human Rights Services will consider their concerns to determine whether or not to assign an alternative investigator. 

Once an investigator is appointed, they will contact the parties to confirm their appointment as the investigator and explain the investigation process and their role as the investigator.

The investigator will conduct a thorough investigation in a manner that is independent, balanced, fair, unbiased, and free of arbitrariness and discrimination. The investigator works independently. They develop a plan identifying the issues of the complaint or report, who will be interviewed, which questions will be posed, and which documents will be requested for review. The investigator will conduct interviews with the complainant and the respondent separately and may need to meet with each party several times during the course of the investigation. The complainant and respondent will have the opportunity to provide the investigator with information, documents, names of witnesses, and other submissions or evidence that they believe are relevant to the matter under investigation. matter under investigation.

The investigator will ensure that both the complainant and respondent have a full opportunity to review and respond to all material aspects of the allegations that make up the complaint, and the evidence upon which the investigator will rely. The investigator will provide the complainant, the respondent and any witnesses with the notes from, or a synopsis of, their respective interviews, and each will have the opportunity to make any clarifications or corrections to their statements. 

Human Rights Services and its investigators will aim to complete an investigation in a timely way, ensuring a trauma-informed process, procedural fairness and transparency. 

i. Circumstances where the University may Place a Complaint Resolution Process on Hold 

In some cases, the University may place a complaint resolution process under this Policy on hold until it is appropriate to proceed. Examples where a hold may occur include, but are not limited to:

i. When the complainant has made a report to the police, or there is an active police investigation.

ii. When the substance of the complaint is being dealt with through other civil legal proceedings, for example, grievance arbitration.

iii. When the respondent is not a current member of the TMU community.

j. Referral to the Decision Maker

Human Rights Services will review the investigation report and provide it to an appropriate impartial decision maker for review and decision. 

i. Where the respondent is a faculty member, contract lecturer or teaching/graduate assistant, the Dean of their faculty will normally decide the matter. 

ii. Where the respondent is a staff member, the senior head of the unit (Director, Registrar, Senior Director, Executive Director, Assistant Vice-President, Vice Provost, or Dean) will normally decide the matter.

iii. Where the respondent is a student, the Vice Provost, Students will normally decide the matter. 

Human Rights Services will notify the complainant and respondent by e-mail within ten (10) business days of receipt of the final report from the investigator and inform them of who has been appointed as the decision maker. Where the complainant or respondent reasonably believes that the decision-maker may have a conflict of interest, they may request an alternative decision maker. Human Rights Services will consider their concerns to determine whether or not to assign an alternate decision maker. 

k. The Rendering of the Decision

The decision maker will review the final report from the investigator.

The decision maker may also request an opportunity to meet with and ask any questions of Human Rights Services, the investigator, the complainant, the respondent and/or any witnesses separately before rendering a decision. Notes will be taken of any meeting so as to document any new evidence presented that does not appear in the investigation report. If new relevant information is presented by any party of witness in the course of these meetings, the complainant and respondent will be given the opportunity to respond to that new information before the decision is rendered. The complainant will not be required to appear before a decision maker in the presence of the respondent.

Within thirty (30) business days of receiving the investigation report and all other relevant information and materials, the decision maker will render a decision. The time frame to render a decision may be extended at the request of the decision maker, and the extension will be communicated to the parties.

The decision prepared by the decision maker will indicate whether or not there has been a breach of the Policy, and if so, assign appropriate accountability measures.

The decision maker will provide both the complainant and the respondent with a summary of the investigation results, their decision, reasons for the decision and any applicable accountability measures.

A request by a party to receive a copy of the investigation report will be subject to restrictions under the Freedom of Information and Protection of Privacy Act. 

l. Accountability Measures

Where the decision-maker finds that there has been a breach(es) of this Policy, the decision-maker will assign accountability measures that are reasonable and appropriate in the circumstances. Accountability measures will reflect the status of the respondent, and other University offices may become involved in monitoring compliance with the accountability measures, e.g. Office of Student Care, Human Resources, Office of the Vice Provost, Faculty Affairs. 

Decision makers have a range of accountability measures they can implement following a finding of a breach of this Policy. In doing so, the decision-maker will consider, as appropriate:

i. The experiences and interests of the complainant;

ii. The nature and severity of the incident, mitigating and aggravating circumstances and principles of proportionality;

iii. The existence of a power imbalance between the complainant and the respondent and whether the respondent met their obligation to disclose under this Policy;

iv. The principle of progressive discipline;

v. The requirements under any relevant collective agreement and applicable law, including the direction of Bill 26, Strengthening Post-Secondary Institutions and Students Act;

vi. Individual and collective safety, security and wellbeing considerations;

vii. The University’s role as an educational institution and other proper University interests;

viii. Any other relevant factors.

Non-exhaustive examples of general accountability measures include:

i. Educational workshops or counselling;

ii. No contact with a specified individual(s) or group(s);

iii. Letter of behavioural expectations; and/or

iv. Restrictions related to accessing campus as a whole, parts of campus or certain University-related activities, services or networks.

Non-exhaustive examples of additional accountability measures applicable to student respondents:

i. Removal from a course or section of a course;

ii. Limitation to future enrollment in a course or with a particular instructor;

iii. Removal or restriction of access to TMU online platforms, information technology resources, equipment, and infrastructure;

iv. Restrictions from participation in intramural or varsity sports and TMU organizations or clubs;

v. Probationary period; vi. Relocation in or eviction from University-owned and/or operated housing;

vii. Suspension from the University for a defined period; and/or

viii. Expulsion from the University permanently. 

Non-exhaustive examples of additional accountability measures applicable to employees include:

i. Change in work assignment, and/or

ii. Letter of Coaching, Warning or Discipline, and/or

iii. Suspension from work for a set time without pay; and/or

iv. Dismissal from employment

The decision-maker reserves the right to implement accountability measures that are appropriate in the circumstances.

m. Appeals

A complainant or respondent wishing to appeal the finding or accountability measures in a decision under this Policy has the following options for pursuing an appeal. 

i. Grounds for Appeal

The appeal decision maker will consider appeals based on the following grounds:

a. Whether there was a substantial procedural error in the application of the Policy;

b. Whether there is new evidence that could not have reasonably been presented earlier in the investigation process;

c. Whether the findings are inconsistent with the evidence or Policy; and/or;

d. Whether the accountability measures are unreasonable in the circumstances

ii. Appeal Review Process

a. Student: The complainant or respondent can submit to Human Rights Services a written request for appeal and an explanation of the basis for the request within 10 business days of receiving the original decision. The appeal will normally be decided by the Provost and Vice-President, Academic or otherwise, by an appeal decision maker senior to the original decision maker.

b. Employee who is not a Union Member: The complainant or respondent can submit to Human Rights Services a written request for appeal and an explanation of the basis for the request within 10 business days of receiving the original decision. The appeal will normally be decided by the Provost and Vice-President, Academic or otherwise, by an appeal decision maker senior to the original decision maker.

In cases of Sexual Misconduct involving an Employee who is not a Union Member, the option to appeal a decision under this Policy can proceed only on the Grounds of Appeal (a), (b) and (c) above, and cannot include (d) which would involve a review of accountability measures in light of Bill 26, Strengthening Post-Secondary Institutions and Students Act. 

c. Employee who is a Union Member: When the individual appealing is a union member, the option to review the decision is within the grievance and arbitration process of the applicable collective agreement. 

If an appeal is filed by one party, the other party(ies) to the complaint will be notified that an appeal has been submitted. They will also be invited to make a written submission for consideration in the review of the appeal. In deciding on the appeal, the appeal decision maker will review the investigation file, the original decision findings and accountability measures, and any other relevant documents or information. The appeal decision maker may also interview the parties.

The appeal decision maker will communicate their appeal decision in writing to all parties within twenty (20) business days of the commencement of the review.

The appeal decision is final with respect to the options available within the University. 

n. Strengthening Post-secondary Institutions and Students Act, 2022

When an employee has been found to have engaged in sexual misconduct, the University will adhere to the Strengthening Post-secondary Institutions and Students Act, 2022, with respect to matters relating to discharge or discipline, no re-employment and agreements. In particular:

ii. An employee who has been discharged by the University or who has resigned as a result of committing an act of sexual misconduct against a student cannot be re-employed or engaged in a volunteer or any other capacity by the University.

iii. If the University determines that it has re-employed or re-engaged such an individual, it will discharge that employee.

iv. The University is prohibited from entering into an agreement that prohibits it or any person related to the institution from disclosing the fact that a court, arbitrator, adjudicator, or decision maker has determined that an employee has committed an act of sexual misconduct.

 

VI.    Roles and Responsibilities Under this Policy

TMU community:

i. Make themselves aware of the Policy and their responsibilities under the Policy.

ii. Participate in the wide variety of education and training programs made available on campus.

iii. Respect an individual’s right to confidentiality if an incident of sexual violence is disclosed to them by a survivor; refer them to Consent Comes First or Workplace Wellbeing Services where the survivor can seek support, accommodations if needed, and guidance about reporting options.

iv. Report to Community Safety and Security if they witness an emergency or immediate safety or security concerns at TMU.

v. University employees (other than TMU health care providers) who receive disclosures of sexual violence or are aware of incidents of potential sexual violence are required to report the information to Human Rights Services to determine if it may be necessary to initiate a complaint resolution process under this Policy.

The University Executive:

i. Maintain and communicate an ongoing commitment to combat the problem of sexual violence at TMU.

ii. Foster a consent culture on campus.

The Vice-Provost, Students:

i. Provide an organizational home for Consent Comes First.

ii. Oversee the operation of the Office of Student Care, the Student Conduct Office and the Student Code of Non-Academic Conduct (Policy 61).

iii. Work in close partnership with the Director of Human Rights Services; the Vice-Provost, Faculty Affairs; and the Chief Human Resources Officer on the interpretation and application of this Policy.

iv. Ensure that the appropriate supports and services are put in place in the many units Reporting to the Office of Vice-Provost, Students.

The Director, Human Rights Services:

i. Work in close partnership with the Vice-Provost, Students; the Vice-Provost, Faculty Affairs; and the Chief Human Resources Officer on the interpretation and application of this Policy.

ii. Manage the Human Rights Services Office and the complaint resolution process.

The Chief Human Resources Officer:

i. Work in close partnership with the Director, Human Rights Services; the Vice Provost, Faculty Affairs; and the Vice Provost, Students on the interpretation and application of this Policy.

ii. Ensure that appropriate and applicable supports are in place for survivors who are employees of the institution through Workplace Wellbeing Services, human resources benefits, programs and employee and family assistance programs (EFAP).

iii. Collaborate with the Vice Provost, Faculty Affairs, to ensure that training opportunities are made available for all faculty, staff, and other employees and contractors related to sexual violence and the processes for addressing incidents and complaints. 

iv. Work with human resources partners, Workplace Wellbeing Services, the Vice-Provost, Faculty Affairs (where applicable), and managers and supervisors to support workplace accommodations required in response to incidents of sexual violence at TMU.

The Vice-Provost, Faculty Affairs:

i. Work in close partnership with the Director, Human Rights Services; the Vice-Provost, Students; and the Chief Human Resources Officer on the interpretation and application of this Policy.

ii. Ensure appropriate support is in place for survivors who are academic staff of the institution, liaising with Human Resources regarding available programs or offerings that will assist survivors.

iii. Work with Deans, Chairs and Directors and Human Resources to support workplace accommodations required in response to incidents of sexual violence at TMU.

iv. Liaise with relevant unions.

Human Rights Services:

i. A neutral office that does not advocate for any individual or group and cannot take sides on a complaint.

ii. Provide advice, consultation and training on reporting, complaints and the complaint resolution process under this Policy.

iii. Manage the Complaint Resolution Process, including inquiries, consultations, alternative resolutions, and investigations related to sexual violence.

Consent Comes First:

i. Provide individualized care and trauma-informed support to student survivors, including connections to resources and academic accommodations and considerations as appropriate.

ii. Develop and implement with on and off-campus partners the sexual violence awareness, prevention, education and training strategy.

iii. Work with internal and external partners to develop and deliver training opportunities for students, student staff and the larger TMU community.

Workplace Wellbeing Services:

i. Provide individualized care and trauma-informed support to employee survivors, including connections to resources and workplace accommodations as appropriate.

ii. Provide individualized trauma-informed support and guidance to employee survivors who may require a short- or longer-term sick leave, which may include submission of a WSIB claim. 

The Office of Student Care:

i. Provide individualized care and trauma-informed support for student respondents, including connections to resources and academic accommodations and considerations as appropriate.

The Executive Director, Community Safety and Security:

i. Provide appropriate services and support through Community Safety and Security such as safety planning, assisting survivors who choose to report to police, referral of community members to Consent Comes First, assisting Human Rights Services with investigations and application of sanctions where appropriate.

ii. Ensure that all Community Safety and Security staff are trained in working with survivors of sexual violence, trauma-informed services and processes, and the impact of identities on how an individual experiences sexual violence.

Faculty and Academic Departments and Schools:

i. Provide reasonable academic accommodations and/or considerations to students and employees impacted by sexual violence.

Student-Led Governing Bodies:

i. Maintain an ongoing commitment to peer-to-peer sexual violence awareness and prevention education, training and support, and promotion of a consent culture at all events.

ii. Work in collaboration with University staff, including but not limited to the Director, Human Rights Services; Executive Director, Community Safety and Security; ViceProvost, Students; and Consent Comes First to communicate student concerns in regard to sexual violence and work to rectify them.

iii. Develop campaigns and initiatives about sexual violence awareness and prevention and consent culture that are student-led and that centre voices and experiences, including but not limited to, those of students. 

 

VII.   Policy Review

This Policy will be reviewed every three years with meaningful consultation with members of the TMU community and in accordance with the agreement made between the University and representatives of the University’s elected student governing bodies, for the provision and consideration of input from a diverse selection of students. 

 

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