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Sexual Violence and Harassment Action Plan

Ministry of Colleges and Universities

Fact Sheet 12
Action Plan to Stop Sexual Violence and Harassment
Updates and information for operators of private career colleges.
On this page:
Action Plan overview
Strategy and legislation
Required policy updates
Information
Note: Private career colleges (PCCs) must update their sexual violence policies byMarch 1, 2022.
To strengthen sexual violence policies at postsecondary institutions, Subsection 36.0.2 of theOntario Regulation 415/06 (General) under the Private Career Colleges Act, 2005 (PCCA) has
been amended.
Learn about the required updates to your private career college's policy.

Action Plan overview
All Ontarians deserve to feel safe from sexual violence and harassment in their communities,
workplaces, homes, and schools. Attending one of Ontario's public colleges, universities, or
private career colleges should be a time of personal fulfillment, growth, and opportunity. The
government is committed to working closely with all postsecondary institutions to help students
learn, study, and experience campus life at its finest, free from sexual violence and harassment.
During International Women's Week in 2015, the Ontario government launched a $41 million,
multi-ministry, three-year strategy to stop sexual violence and harassment in the province.
It's Never Okay: An Action Plan to Stop Sexual Violence and Harassment (Action Plan)
was a ground breaking initiative outlining concrete steps to help change attitudes, provide more
supports for survivors, and make workplaces and campuses safer and more responsive tocomplaints about sexual violence and harassment.

Strategy and legislation
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Sexual Violence and Harassment Action Plan

A signature component of the Action Plan was a commitment to "introduce legislation tostrengthen provisions related to sexual violence and harassment in the workplace, on campus, inhousing, and through the civil claim process."
To meet that commitment, the government introduced legislation in October 2015 to:
Rescind the limitation period for any civil sexual assault claim under the Limitations
Act, 2002.
Repeal the two-year limitation period for claims of crimes relating to sexual violence
brought to the Criminal Injuries Compensation Board under the Compensation for Victimsof Crime Act.
Amend the Occupational Health and Safety Act by including a definition of workplacesexual harassment, and by requiring employers to investigate and address complaints ofworkplace harassment (including sexual harassment) and to take all reasonable steps toprotect workers from workplace harassment (including sexual harassment).
Shorten the notice provision in the Residential Tenancies Act, 2006 to end a tenancy forsurvivors of domestic and sexual violence.
Require every publicly assisted college and university under the Ministry of Training,Colleges and Universities Act and every private career college under the Private Career
Colleges Act, 2005 to have a standalone sexual violence policy and to report to the Ministeror to the Superintendent of Private Career Colleges on the incidence of sexual violence inthe postsecondary education sector.
The Sexual Violence and Harassment Action Plan Act (Supporting Survivors and Challenging
Sexual Violence and Harassment), 2016 received Royal Assent on March 8, 2016.

Amendments to the PCCA, 2005
The Sexual Violence and Harassment Action Plan Act (Supporting Survivors andChallenging Sexual Violence and Harassment), 2016 amended the Private Career CollegesAct, 2005 to:include a definition of sexual violence (which includes sexual harassment)
require, as a condition of registration, every private career college to have a sexualviolence policy that:specifically and solely addresses sexual violence involving students
sets out a process for responding to and addressing incidents and complaints ofsexual violence involving students
require every private career college to include its sexual violence policy in every enrolment
contract with a student
require that every private career college considers student input in the development of its
sexual violence policy and every time the policy is reviewed or amended
require every private career college to review its sexual violence policy at least once every
three years and to amend it as appropriate
require every private career college to implement its sexual violence policy in accordancewith the regulations under the Private Career Colleges Act, 2005
require every private career college to provide information to the Superintendent
concerning:the number of times supports, services, and accommodation relating to sexualviolence are requested and obtained by students
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Sexual Violence and Harassment Action Plan

any initiatives and programs to promote awareness of supports and services available
to students
the number of incidents and complaints of sexual violence reported by students
the implementation and effectiveness of its sexual violence policy
require every private career college to ensure that the information it provides to theSuperintendent does not include personal information within the meaning of the Freedomof Information and Protection of Privacy Act
require every private career college to conduct a survey of its students relating to sexual
violence as directed by the Superintendent and to disclose the results of the survey to theSuperintendent

Regulations
In support of the foregoing requirements, the Lieutenant Governor in Council amended
Ontario Regulation 415/06 (pursuant to the Private Career Colleges Act, 2005) to:require every application for registration of a private career college to include a copy of theapplicant's sexual violence policy
require every enrolment contract to include an acknowledgement by the student that he or
she has received a copy of the private career college's sexual violence policy
require every private career college to appropriately accommodate the needs of students
affected by sexual violence at no cost to the students
require every sexual violence policy to:provide information about the supports and services available at the private careercollege or through its agents for students affected by sexual violence
provide information about the supports and services available in the community forstudents affected by sexual violence
inform students that the private career college will appropriately accommodate theneeds of students affected by sexual violence
inform students that a formal report of an incident of sexual violence is not necessary
to access supports, services, or accommodations
include details of the private career college's process for responding to andaddressing incidents and complaints of sexual violence
require every private career college to publish its sexual violence policy on its website or,where the private career college does not have a website, to post it in a conspicuous
location at each of its campuses
require every private career college to provide or make available training on its sexual
violence policy to owners, managers, staff, and students
The requirements under the amended Private Career Colleges Act, 2005and Ontario
Regulation 415/06 came into force on January 1, 2017.

Required policy updatesYour private career college must update its sexual violence policy by March 1, 2022.
To strengthen sexual violence policies at postsecondary institutions. Subsection 36.0.2 of theOntario Regulation 415/06 (General) under the Private Career Colleges Act, 2005 has been
amended. The amendment comes into effect on March 1, 2022.
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Sexual Violence and Harassment Action Plan

The regulation amendment requires registered private career colleges to update their sexual
violence policies to reflect two new requirements:
1. If students, in good faith, report an incident of, or make a complaint about, sexual
violence, they will not be subject to discipline or sanctions for violations of the private
career college's policies relating to drug or alcohol use at the time the alleged sexualviolence occurred
2. 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 private careercollege's staff or investigators, including irrelevant questions relating to the student's
sexual expression or past sexual history.
Note: Institutions are encouraged to review Section 32.1 of the Private Career Colleges Act,
2005 for requirements pertaining to the process of updating their sexual violence policies.

Information
If you have questions about the Private Career Colleges Act, 2005 and its regulations, contact
the Ministry of Colleges and Universities, Private Career Colleges Branch:
PCC@ontario.ca
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