A1 Transportation Academy

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Mon – Fri (10 AM – 6:30 PM)
SAT ( 9 AM – 4:00 PM )

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Call us: +1 905-754-0578

09 AM – 6:30 PM ( M – F) | SAT ( 9 AM – 4:00 PM )

Call us: +1 905-754-0578
O% Financing Available Call us for more details
9 AM – 6:30 PM ( M – F) | SAT ( 9 AM – 5:30 PM )

Background:

On July 1, 2023, Bill 26 amends the Ontario Career Colleges Act, 2005 including rules respecting sexual misconduct toward students by employees of private career colleges, and to address related matters.


Definition of Employee:

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

Employee Sexual Misconduct Policy

1. Definition of Sexual Misconduct

Sexual misconduct is broadly defined as any act that includes sexual harassment, sexual violence, sexual assault, stalking, and sexual exploitation. In relation to a student enrolled at the college, all employees of A1 Transportation Academy shall not:

  1. Engage in physical sexual relations with a student, touching of a sexual nature with a student or behave or make remarks of a sexual nature towards a student where:
  • the act constitutes an offence under the Criminal Code (Canada)
  • 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
  • the act constitutes sexual misconduct as defined in the A1 Transportation Academy 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
  1. Engage in any conduct 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.

2. Discharge or Discipline for Sexual Misconduct

If an employee of A1 Transportation Academy commits an act of sexual misconduct toward an enrolled student, the A1 Transportation Academy may discharge or discipline the employee for that act, and,

  • the discharge or disciplinary measure is deemed to be for ‘just cause’ for all purposes.
  • the employee will not be entitled to notice of termination or termination pay or any other compensation or restitution as a result of the discharge or disciplinary measure; and
  • despite subsection 48 (17) of the Labour Relations Act, 1995, and despite any provision of an 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 A1 Transportation Academy.

3. Re-employment of Employees Who Have Committed Sexual Misconduct

If an employee of A1 Transportation Academy commits an act of sexual misconduct toward a student enrolled at the A1 Transportation Academy and the A1 Transportation Academy discharges the employee for that act or the employee resigns from their employment, A1 Transportation Academy shall not subsequently re-employ the employee.

4. Same

If A1 Transportation Academy determines that it has re-employed an individual contrary to subsection (3), the A1 Transportation Academy shall discharge the employee, and clauses (2) (a) to (c) shall apply to the discharge.

5. Disclosure

A1 Transportation Academy will not enter into an agreement which prohibits disclosure that an allegation or complaint has been made that an employee of the A1 Transportation Academy committed an act of Sexual Misconduct toward a student unless such request is made by the student and,

  • the student has had a reasonable opportunity to receive independent legal advice
  • there have been no undue attempts to influence the student with respect to the request
  • 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
  • the agreement is of a set and limited duration

6. Contrary Terms, Rules, etc.

Subsections (2) to (5) apply despite any contrary term in an employment contract or any contrary rule or principle of common law or equity.

 

References:

Criminal Code (Canada)

Ontario Human Rights Code

Discrimination & Harassment Complaint Procedure Employees

A1 Transportation Academy Sexual Violence Policy

Student Complaint Procedure