32.0.1 (1) In this section, “sexual misconduct” means, in relation to a student enrolled at a private career college, (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 the private career college 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 the private career college’s employee sexual misconduct policy or contravenes the policy or any other policy, rule or other requirement of the private career college respecting sexual relations between employees and students, or (b)  any conduct by an employee of the private career college that infringes the right of the student under clause 7 (3) (b) of the Human Rights Code to be free from a reprisal or threat of reprisal for the rejection of a sexual solicitation or advance. (“inconduite sexuelle”) 2022, c. 22, Sched. 2, s. 1. Discharge or discipline (2) If an employee of a private career college commits an act of sexual misconduct toward a student enrolled at a private career college, the private career college may discharge or discipline the employee for that act, and, (a)  the discharge or disciplinary measure is deemed to be for just cause for all purposes; (b)  the employee is not entitled to notice of termination or termination pay or any other compensation or restitution as a result of the discharge or disciplinary measure; and (c)  despite subsection 48 (17) of the Labour Relations Act, 1995, and despite any provision of a collective agreement or employment contract specifying a penalty for the infraction, no arbitrator, arbitration board or other adjudicator shall substitute any other penalty for the discharge or disciplinary measure imposed by the private career college. 2022, c. 22, Sched. 2, s. 1. No re-employment (3) If an employee of a private career college commits an act of sexual misconduct toward a student enrolled at a private career college and the private career college discharges the employee for that act or the employee resigns from their employment, the private career college shall not subsequently re-employ the employee. 2022, c. 22, Sched. 2, s. 1. Same (4) If a private career college determines that it has re-employed an individual contrary to subsection (3), the private career college shall discharge the employee, and clauses (2) (a) to (c) shall apply to the discharge. 2022, c. 22, Sched. 2, s. 1. Agreement (5) Subject to subsection (6), an agreement between a private career college and any person, including a collective agreement or an agreement settling existing or contemplated litigation, that is entered into on or after the day section 1 of Schedule 2 to the Strengthening Post-secondary Institutions and Students Act, 2022 comes into force, shall not contain any term that, directly or indirectly, prohibits the private career college or any person related to the private career college from disclosing that an allegation or complaint has been made that an employee of the private career college committed an act of sexual misconduct toward a student of the private career college, and any such term that is included in an agreement is void. 2022, c. 22, Sched. 2, s. 1. Exception (6) A private career college may enter into an agreement that contains a term described in subsection (5) if the student requests that the private career college do so, provided that, (a)  the student has had a reasonable opportunity to receive independent legal advice; (b)  there have been no undue attempts to influence the student with respect to the request; (c)  the agreement includes an opportunity for the student to decide to waive their own confidentiality in the future and the process for doing so; and (d)  the agreement is of a set and limited duration. 2022, c. 22, Sched. 2, s. 1. Contrary term, rule, etc. (7) Subsections (2) to (6) apply despite any contrary term in an employment contract or collective agreement, or any contrary rule or principle of common law or equity. 2022, c. 22, Sched. 2, s. 1. Employee sexual misconduct policy (8) It is a condition of every registration that a private career college have an employee sexual misconduct policy that includes, at a minimum, (a)  the private career college’s rules with respect to sexual behaviour that involves employees and students enrolled at the private career college; and (b)  examples of disciplinary measures that may be imposed on employees who contravene the policy. 2022, c. 22, Sched. 2, s. 1. Same (9) The employee sexual misconduct policy referred to in subsection (8) may specify acts that constitute sexual misconduct for the purposes of the definition of “sexual misconduct”. 2022, c. 22, Sched. 2, s. 1. Same (10) The employee sexual misconduct policy referred to in subsection (8) may be included as part of another policy, including as part of the sexual violence policy required under subsection 32.1 (2). 2022, c. 22, Sched. 2, s. 1. Note: On the later of the day subsection 10 (1) of Schedule 29 to the Less Red Tape, Stronger Economy Act, 2023 comes into force and July 1, 2023, the day section 2 of Schedule 2 to the Strengthening Post-secondary Institutions and Students Act, 2022 comes into force, section 32.0.1 of the Act is amended by striking out “private career college” wherever it occurs and substituting in each case “career college”. (See: 2023, c. 9, Sched. 29, s. 4) Section Amendments with date in force (d/m/y) 2022, c. 22, Sched. 2, s. 1
- 01/07/2023 2023, c. 9, Sched. 29, s. 4 - not in force Sexual violence involving students