Every university and college in Ontario has a policy on sexual violence.  They are required to do so by provincial legislation under the Ministry of Training, Colleges and Universities Act. 

The Act and its regulations establish how that policy must be established and approved and what is must contain.  Most substantively, the Act itself defines “sexual violence”, as:

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. 3, s. 1.

This article will seek to give an overview of the sexual violence policies at several Ontario universities and colleges, how students (or staff) can obtain support if they have been sexually assaulted, how they can file a complaint, and how somebody accused of violating the university’s sexual violence policy – a Respondent – can respond to a complaint and/or appeal a decision under their university’s sexual violence or sexual assault policy.  Somebody who is accused of breaching a college or university’s sexual violence policy has a right to a lawyer who can help them in the process.

This article will focus on the sexual violence policies of 18 Ontario institutions:

• Brock University
• Carleton University
• George Brown College
• Humber College
• Lakehead University
• McMaster University
• Ontario College of Art and Design
• Queen’s University
• Ryerson University
• University of Guelph
• University of Ottawa
• Seneca College
• University of Toronto
• University of Waterloo
• University of Western Ontario
• University of Windsor
• Wilfred Laurier University
• York University

Brock University’s policy on sexual violence is called the Brock University Sexual Assault and Harassment Policy.

It defined sexual violence as “a spectrum of nonconsensual sexual contact and behaviour which includes sexual assault, sexual harassment, stalking, sexual exploitation, indecent exposure, and voyeurism.

Alleged breaches of the Policy are reported to the Brock University Human Rights & Equity Office (HRE).   There is a Sexual Violence Risk Assessment Team (SVRAT) that can initiate an investigation.  Brock University has an Investigation Review Committee which determines whether or not to recommend a complaint for further investigation.  The Director of Student Life and Community Experience is the decision-maker in that process.  If a student is the one accused of breaching the Sexual Assault and Harassment Policy, the Respondent has a right to appeal.

Interim measures can be put in place restricting the Respondent.  Discipline for a breach can include suspension or expulsion.

Supports for victims include:

• Niagara Region Sexual Assault Centre | 682.4584
• Campus Security | 688.5550 x3200
• Sexual Assault Centre Hamilton | 905.525.4162

Carleton University’s policy is called the Carleton University Sexual Violence Policy.   The Policy includes specific definitions for sexual assault, sexual harassment and sexual violence.  Carleton University’s Sexual Violence Review Committee makes an initial assessment, and can appoint an Investigator to conduct an investigation.  The SVRC will then make a decision on the alleged breach.

There is an Appeal Process in place for decisions made with respect to the Sexual Violence Policy.  Both Complainants and Respondents can appeal.  Both can have a lawyer assist with the appeal of the university’s sexual violence policy decision.

Interim measures may be place on the Respondent.  These can be appealed and modifications requested.

Supports for victims include:

• Sexual Assault Support Centre of Ottawa | 24 hour support line: 613-234-2266 | General Inquiries: 613-725-9259
• University Sexual Assault Support Centre 613-520-5622

George Brown College’s policy is called the George Brown College Sexual Assault and Sexual Violence Policy.  It defines sexual violence, sexual assault, sexual harassment and consent.

Complaints can be informally resolved or referred for investigation.  The Director, Diversity, Equity & Human Rights Services (DDEHRS) decides whether the complaint will be investigated.

The Respondent will be notified of the complaint and any interim measure put in place.  The interim measures can be reviewed.  You may want to have a lawyer help you with the request for review of interim measures.

Support for victims includes:

• Sexual Violence Response Advisor: 416-415-5000 ext. 3450 or svra@georgebrown.ca

Humber’s policy is called the Humber College Sexual Assault and Sexual Violence Policy.  It involves a formal investigation process for certain complaints under the policy.  A Respondent will be notified if a complaint is made against them that they breached the SASV Policy.  Interim measures may be put in place.

Supports for victims include:

• Student Support and Intervention Coordinator: 675.6622 ext. 5546
• Counselling Services (Student Wellness and Accessibility Centre): 416-675-6622 ext. 5090 (North); ext. 3331(Lakeshore)

Lakehead University’s policy is called the Lakehead University Sexual and Gender Based Violence Response Policy.

Complaints are submitted to Lakehead’s Office of Human Rights and Equity.  The Sexual and Gender Based Violence Assessment Committee determines whether to appoint and Investigator to conduct an investigation or not.  They can also impose interim measures or conditions on the Respondent to the complaint.

Ultimate sanctions for breaches of the policy may include suspension or expulsion.  The Complainant and Respondent both have a right to a support person.

Supports for victims include:

• Aboriginal Cultural & Support Services: Individual services, email transitions@lakeheadu.ca, phone 807-343-8028
• Orillia Security Services: Reporting, Emergency, phone 705-330-4008 extension 3-911
• LUSU: Gender Equity Centre, Peer-to-peer support, email gec@lusu.ca, phone 807-343-8879

McMaster’s policy is called the McMaster University Sexual Violence Policy.  Complaints can be made to superivsors or to the Director of the Sexual Violence Prevention and Response Office.  If complainants file a Criminal Report to the University’s Security Services, it will result in a report to the Hamilton Police Service.

The Director (HRDR) will determine, with others, whether to implement a University-Initiated Investigation.  Interim measures may be implemented during the investigation process.  Complainants and Respondents have a right to be accompanied by a support person or advisor.  This person can be a lawyer.

There is a right of appeal of a decision under the Policy.

The Sexual Violence Prevention and Response Office can provide and refer victims of violence for support: svpro@mcmaster.ca or 905-525-9140, ext. 20909.

OCAD’s sexual violence policy is called the Policy on Prevention and Response to Sexual and Gender-based Violence.   It defines sexual violence and sexual assault.  A Sexual Violence Response Team (SVRT).  If the Respondent to a complaint is a student, the complaint is filed with the Vice-Provost, Students.  If the Respondent is staff or faculty, the Complaint is filed with the Office of Diversity, Equity & Sustainability Initiatives.

The Vice-Provost, Students determines whether to refer a complaint for Investigation and appoint and Investigator. Interim measures may be put in place during the course of the process.

There is a right of appeal for both Complainants and Respondents.

Supports for victims of violence include:

• STUDENT WELLNESS CENTRE | 416-977-6000 ext. 260, swc@ocadu.ca,
• OCAD U Security at 416-977-6000 x511

Queen’s University policy is called the Policy on Sexual Violence Involving Queen’s University Students.  There is a “Complaint Procedure” for allegations of sexual violence.  Complaints are made to the Office of the University Secretariat and Legal Counsel.  If an investigation is initiated, the Respondent will be informed of the complaint, a summary of the allegations, any interim measures put in place, potential sources of support, and an indication as to how to seek reconsideration for the interim measures.  A respondent to complaints of breaches of the Policy on Sexual Violence may want to hire a lawyer to provide legal assistance with respect to the interim measures and in defence of the allegation generally.

The Policy specifically states that Complainants’ or Respondents’ support persons may be legal counsel (a lawyer).

Sanctions for breaches of the policy may include measures up to and including suspension or expulsion.  There is a procedure for appealing decisions and/or sanctions.

Supports for victims include:

• Campus Security and Emergency Services
  Emergency phone: (613)-533-6111 | Non-emergency: (613)-533-6733
• Sexual Violence Prevention & Response Coordinator
  Phone: (613)-533-6330 | Email: Bjl7@queensu.ca

Ryerson’s policy is called the Ryerson University Sexual Violence Policy.  It also has a “Discrimination and Harassment Prevention Policy” and a “Student Code of Non-Academic Conduct (Policy 61)”.

Ryerson’s Sexual Violence Policy sets out how complaints and reports can be made.  Reporting can be done to Consent Comes First.  A formal complain is made to Human Rights Services.  The Director of Human Rights Services or a designate will determine whether to initiate an investigation.  The Respondent – the person accused of breaching the Policy, will meet with Human Rights Services.  Interim measures may be implemented.  If an Investigator is appointed, they will conduct an investigation.  For Respondents who are students, the Vice Provost, Students decides whether the Policy was breached and appropriate sanctions.

Sanctions can include measures up to and including suspension or explusion from Ryerson University.  There is a right to appeal the decision and/or the sanction.

Supports for victims include:

• Office of Sexual Violence Support and Education | Phone: 416-979-5000, ext. 3596
• Community Safety and Security | 416-979-5040

Guelph University’s policy is called the Guelph University Policy 1.4 – Sexual Violence Policy.  It includes as part of it the Sexual Violence Policy – Procedures for Students and a separate procedure of faculty and staff.

Complainants may pursue allegations of sexual violence at Guelph University through alternative resolution and/or the Formal Complaint Process.  Vexatious complaints may lead to sanctions against the person who filed them if they were lodged in bad faith.

The respondent is referred to as the Person Accused.  The Director Sexual Violence Support Centre facilitates supports and can recommend Interim Measures.

The Office of Diversity and Human Rights (DHR) / the Assistant Vice-President (DHR) oversees the Formal Complaint Process.  The AVP-DHR can initiate an Investigation.  The Investigator can recommend whether or not the policy has been breached (and whether or not a complaint was made in bad faith).  The Vice-Provost (Student Affairs) makes the final decision.  The Respondent may appeal a decision.  A Respondent accused of sexual violence under Guelph’s Sexual Violence Policy may want to hire a lawyer to assist in the process.

Support for victims can be found at Guelph’s Sexual Violence Support webpage: https://wellness.uoguelph.ca/sexual-violence-support-centre/contact-us

uOttawa’s policy is called University of Ottawa Policy 67b: Prevention of Sexual Violence.  It defines sexual assault, sexual violence, sexual harassment, and consent.

The Human Rights Office handles reports of sexual violence.  A Sexual Violence Response Team assists in the process.  A Human Rights Officer is the one who will receive formal complaints and make an assessment as to whether the complaint falls within uOttawa’s Policy on sexual violence. If it does, the Officer will appoint and Investigator to initiate an investigation.  The Officer will send a written notice to the Respondent informing them of the formal complaint, and advising the name of the investigator.  The Director of the Human Rights Office appoints a committee to review the investigator’s report where the Respondent and Complainant can each make written and oral representations.

Sanctions for a breach of the Policy on Prevention of Sexual Violence can include suspension and expulsion or lesser sanctions.  There is a right of Appeal as well.

Resources for support can be found at: https://www.uottawa.ca/sexual-violence-support-and-prevention/on-off-campus-and-online-resources

Seneca has the Seneca College Sexual Violence Policy.  Complaints can be filed under the policy.   Seneca may conduct an investigation using an internal or external investigator.  Sexual violence would also be a breach of Seneca’s Student Code of Conduct, Personal Safety and Security Threat and Discrimination and Harassment policies.

Interim measures may be put in place during the investigative process.

Resources for victims of violence include:

• Assaulted Women’s Helpline | 416-683-0511
• Yellow Brick house | 1-800-263-3247

U of T has a policy called the University of Toronto Policy on Sexual Violence and Sexual Harassment.   The Policy defined sexual violence, sexual harassment, sexual assault, but also cyber sexual violence, cyber sexual harassment and gender-based harassment.

The University of Toronto Sexual Violence Prevention and Support Centre receives Reports of Incidents of Sexual Violence.  They make an assessment in coordination with the Office of Safety and High Risk.  The Office of Safety and High Risk determines whether or not to commence an Investigation.

If an investigation is commenced, an investigator will be appointed.  The Investigator will provide the Respondent with an opportunity to respond.

For students accused of breaching U of T’s Policy on Sexual Violence and Sexual Harassment, the Vice-Provost, Students will determine whether or not to refer the matter for a hearing under the University of Toronto Code of Student Conduct.

Findings of breaches of the Policy can be appealed to the Discipline Appeals Board of the Governing Council, as set out in the Code of Student Conduct.

Possible sanctions for breaches include suspension or expulsion.

The University of Toronto Policy on Sexual Violence explicitly states that Respondents have a right to seek legal advice and to be accompanied by a support person including legal counsel (a lawyer) to meetings during the investigation.  An experienced lawyer can advise respondents of their rights and assist them in their defence.

Support resources for victims of violence can be found through the Sexual Violence Prevention & Support Centre: https://www.svpscentre.utoronto.ca | 416-978-2266

UWaterloo has a policy called the University of Waterloo Policy 42 – Prevention of and Response to Sexual Violence.  Related policies include: University of Waterloo Policy 71 – Student Discipline and Policy 72 – Student Appeals, as well as the Sexual Violence Response Protocols and Procedures.

University of Waterloo has a Sexual Violence Response Coordinator (SVRC) to support students.  Upon receipt of a report of sexual violence, the Associate Dean will consult with the Director of Conflict Management and Human Rights to appoint and investigator.  The SVRC will inform the Respondent of the complaint.

The Respondent will also be informed of any interim measures put into place.

The Complainant and Respondent may both Appeal final decisions.

Resources for victims of sexual violence include:

• Sexual Assault Support Centre of Kitchener Waterloo | 24 Hour Support Line: 519-741-8633
• Sexual Assault/Domestic Violence Treatment Centre – Kitchener Waterloo | 519-749-6994

Western University has the Western University Policy 1.52 – Policy on Gender-Based and Sexual Violence.  Related, is the Procedures for the Policy on Gender-Based and Sexual Violence and the Non-Discrimination/Harassment Policy and the Code of Student Conduct.

The Complaints Process involves an initial determination by the Associate Vice-President (Student Experience) as to whether or not to refer the matter for Investigation.  If so, an Investigator will be appointed.  The AVP-SE will also impose interim measures.  A request can be made to alter or vary these conditions.  The Respondent will be informed that they will have an interview with the Investigator, who will produce a written investigation report.

Western’s Procedure for the Policy on Sexual Violence explicitly states that the Complainant and Respondent may bring support persons including legal counsel (a lawyer) to meetings with the investigator.  A lawyer can help navigate and advocate with respect to a complaint under the Policy on Gender-Based and Sexual Violence generally.

The AVP-SE is the ultimate decider as to whether or not the policy has been breached and what sanctions are appropriate. These may include suspension or expulsion, or lesser sanctions.

There is a right to appeal the decision.  An Appeal Application can be filed with the Secretary of the University.  A lawyer can assist with this process as well.

Resources for victims of violence include:

• Gender-Based Violence & Survivor Support Case Manager | 519-661-3568 | support@uwo.ca
• Regional Sexual Assault and Domestic Violence Treatment Program at St. Joseph’s Hospital | 519-646-6100 ext. 64224

UWindsor’s policy is called the University of Windsor Policy on Sexual Misconduct.  It defines “sexual misconduct”, consent, incapacity, sexual assault and sexual harassment.  Complaints can be launched through the Campus Community Police or through the Sexual Misconduct Response and Prevention Officer.  If a student is accused of sexual misconduct at UWindsor, the University’s Human Rights Policy, Procedures for Addressing Student Non-Academic Misconduct and Student Code of Conduct are all relevant to the complaint process.

On-Campus and Off-Campus supports for victims can be found at:  http://www.uwindsor.ca/sexual-assault/300/resources.

Wilfrid Laurier’s policy is called the Wilfred Laurier University Policy 12.4 The Prevention of Sexual Violence Policy and Procedures.  It defines consent, sexual violence and intimate partner violence.   Wilfred Laurier’s Policy 6.1 Prevention of Harassment and Discrimination is related to the policy, as is Policy 12.3 Non-Academic Student Code of Conduct

The Office of Dispute Resolution and Sexual Violence Support handles complaints under the policy.  When a complaint is made, the Senior Advisor, Dispute Resolution and Sexual Violence Support will determine whether or not an investigation will take place.  The ODRSVS can impose interim measures, which can be reviewed upon written request. When resolution efforts are not appropriate or successful, the matter will proceed to the investigation stage.

There is an opportunity to appeal a decision as to breach and sanctions imposed.

Gendered and Sexual Violence Prevention and Support can be reached at svinfo@wlu.ca | 519-884-0710 x 4847.

York University’s policy is called the York University Policy on Sexual Violence.  York’s Code of Student Rights and Responsibilities and Centre for Human Rights Equity and Inclusion (REI) Procedure for Dealing with Complaints of Harassment and Discrimination are also relevant.

Complaints of sexual violence can be made to the Centre for Sexual Violence Response, Support and Education.  The Centre may then engage York University’s Sexual Violence Response Team.  The SVRT will then determine whether the university will pursue a complaint.

There will first be a preliminary assessment by the Sexual Violence Response team; then the potential for informal resolution.  If the matter proceeds to formal resolution, an investigation will proceed.

Interim measures may be put in place.  The investigator will interview witnesses.  Ultiamtely, it is the Vice-Provost Students that will determine whether or not the Policy on Sexual Violence  has been breached.

There is a process where a decision and sanctions imposed can be appealed.  Respondents may want to engage legal counsel to assist with the process generally including the appeal of a decision under the Policy on Sexual Violence.

The Centre for Sexual Violence Response, Support and Education can be reached for support at 416-736-5211 or at thecentre@yorku.ca

Every college and university in Ontario has its own policy on sexual violence.  Investigations into allegations of sexual violence on or off campus are serious matters.  Victims can access the support systems set out in this article.  Respondents (people accused) should consider hiring a lawyer to help them navigate the system and advocate for their rights under the various policies.

Call (416) 999-8383 to speak to a lawyer immediately to better understand the process, options, and how the assistance of a professional can benefit you. You can also contact us at info@robichaudlaw.ca