Employee Sexual Misconduct Policy

Background

Effective July 1, 2023, Bill 26 introduced amendments to the Ontario Career Colleges Act, 2005. These amendments establish strict rules regarding sexual misconduct by employees toward students and outline procedures to address related matters.

Definition of Employee

An employee of A1 Transportation Academy is defined as any individual who provides services and/or performs work for wages.

1. Definition of Sexual Misconduct

Sexual misconduct includes, but is not limited to:

• Sexual harassment
• Sexual violence
• Sexual assault
• Stalking
• Sexual exploitation

All employees of A1 Transportation Academy are strictly prohibited from engaging in any form of sexual misconduct toward a student enrolled at the college.

This includes:

• Engaging in physical sexual relations with a student
• Any sexual touching involving a student
• Making remarks or behaving in a sexual manner toward a student

Where such conduct:

• Constitutes an offence under the Criminal Code (Canada)
• Violates the student’s rights under clause 7(3)(a) of the Ontario Human Rights Code, including protection from sexual solicitation or advances
• Breaches this policy or any other institutional policy governing employee-student relationships

Employees are also prohibited from:

• Engaging in any conduct that violates clause 7(3)(b) of the Ontario Human Rights Code, including reprisal or threats of reprisal for rejecting sexual advances

2. Discharge or Discipline for Sexual Misconduct

If an employee commits sexual misconduct toward a student:

• The employee may be terminated or disciplined immediately
• Such action is considered “just cause” for termination

As a result:

• The employee will not be entitled to notice of termination, termination pay, or any compensation
• No arbitrator or adjudicator may substitute a lesser penalty, regardless of any employment agreement or applicable law, including the Labour Relations Act, 1995

3. Re-employment Prohibition

If an employee is:

• Terminated for sexual misconduct, or
• Resigns following such an incident

A1 Transportation Academy will not re-employ that individual under any circumstances.

4. Enforcement of Re-employment Rule

If it is discovered that an individual has been re-employed contrary to this policy:

• The employee will be immediately terminated
• All conditions outlined under Section 2 will apply

5. Disclosure Policy

A1 Transportation Academy will not enter into any agreement that prevents disclosure of a sexual misconduct complaint unless:

• The request is made by the student
• The student has had a reasonable opportunity to receive independent legal advice
• There has been no undue influence on the student
• The agreement allows the student to waive confidentiality in the future
• The agreement is for a limited and defined duration

6. Application Over Other Terms

This policy applies regardless of any conflicting terms in:

• Employment contracts
• Common law principles
• Other institutional policies

References

• Criminal Code (Canada)
• Ontario Human Rights Code
• Discrimination & Harassment Complaint Procedure (Employees)
• A1 Transportation Academy Sexual Violence Policy
• Student Complaint Procedure