32.1 (1) In this section,  “sexual violence” 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.  2016, c. 2, Sched. 5, s. 1. Sexual violence policy (2) It is a condition of every registration that a private career college have a sexual violence policy that, (a)  subject to subsection 32.0.1 (10), specifically and solely addresses sexual violence involving students enrolled at the private career college; 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, clause 32.1 (2) (a) of the Act, as re-enacted by section 2 of Schedule 2 to the Strengthening Post-secondary Institutions and Students Act, 2022, is amended by striking out “private career college” at the end and substituting “career college”. (See: 2023, c. 9, Sched. 29, s. 5 (2)) (b)  sets out the process for how the private career college will respond to and address incidents and complaints of sexual violence involving students enrolled at the private career college, and includes the elements specified in the regulations relating to the process; (c)  addresses any other topics and includes any other elements required by the regulations; and (d)  otherwise complies with the requirements set out in the regulations.  2016, c. 2, Sched. 5, s. 1; 2022, c. 22, Sched. 2, s. 2. Complaint procedure (3) A private career college shall respond to and address incidents and complaints of sexual violence under the process set out in its sexual violence policy, and not under the student complaint procedure established under section 31.  2016, c. 2, Sched. 5, s. 1. Inclusion in contracts (4) Every private career college shall include its sexual violence policy in every contract made between the private career college and a student.  2016, c. 2, Sched. 5, s. 1. Student input (5) Every private career college shall ensure that student input is considered, in accordance with any regulations, in the development of its sexual violence policy and every time the policy is reviewed or amended.  2016, c. 2, Sched. 5, s. 1. Review (6) Every private career college shall review its sexual violence policy at least once every three years and amend it as appropriate.  2016, c. 2, Sched. 5, s. 1. Implementation of policy and other measures (7) Every private career college shall, (a)  implement its sexual violence policy in accordance with the regulations; and (b)  implement any other measure or do any other thing it is required to do under the regulations relating to sexual violence involving students enrolled at the private career college.  2016, c. 2, Sched. 5, s. 1. Information for Superintendent (8) Every private career college shall collect from its students and other persons, and provide to the Superintendent, such data and other information relating to the following as may be requested by the Superintendent, in the manner and form directed by the Superintendent: 1.  The number of times supports, services and accommodation relating to sexual violence are requested and obtained by students enrolled at the private career college, and information about the supports, services and accommodation. 2.  Any initiatives and programs established by the private career college to promote awareness of the supports and services available to students. 3.  The number of incidents and complaints of sexual violence reported by students, and information about such incidents and complaints. 4.  The implementation and effectiveness of the policy.  2016, c. 2, Sched. 5, s. 1. Personal information (9) A private career college shall take reasonable steps to ensure that information provided to the Superintendent pursuant to subsection (8) does not disclose personal information within the meaning of section 38 of the Freedom of Information and Protection of Privacy Act.  2016, c. 2, Sched. 5, s. 1. Survey (10) The Superintendent may conduct, or may direct a private career college to conduct or participate in, a survey of students and other persons as identified by the Superintendent, relating to the effectiveness of the private career college’s sexual violence policy, to the incidence of sexual violence at the private career college and to any other matter mentioned in paragraphs 1 to 4 of subsection (8).  2016, c. 2, Sched. 5, s. 1. Same (11) A private career college that is directed by the Superintendent to conduct a survey described in subsection (10) shall disclose the results of the survey to the Superintendent.  2016, c. 2, Sched. 5, s. 1. Section Amendments with date in force (d/m/y) 2016, c. 2, Sched. 5, s. 1 - 01/01/2017 2022, c. 22, Sched. 2, s. 2 - 01/07/2023 2023, c. 9, Sched. 29, s. 5 (1) - no effect - see 2022, c. 22, Sched. 2, s. 2 - 01/07/2023; 2023, c. 9, Sched. 29, s. 5 (2) - not in force; 2023, c. 9, Sched. 29, s. 10 (1) - 01/01/2024 General