- 09 AM – 6:30 PM ( M – F) | SAT ( 9 AM – 4:00 PM )
| Policy Name: | Sexual Violence Policy |
|---|---|
| Institution: | A1 Transportation Academy |
| Effective Date: | June 2024 (Revised July 2026) |
| Review Cycle: | Reviewed at minimum every three (3) years, in consultation with students, instructors, and staff, in accordance with s.32.1(5)–(6) of the Ontario Career Colleges Act, 2005 |
A1 Transportation Academy (hereafter referred to as “the Academy”) is committed to maintaining a safe, respectful, and supportive learning and working environment free from sexual violence, harassment, discrimination, and misconduct.
In accordance with the Ontario Career Colleges Act, 2005 and its regulations, and guidelines established by the Ministry of Colleges, Universities, Research Excellence and Security (MCURES), the Academy strictly prohibits all forms of sexual violence.
When an act of sexual violence is disclosed or reported, the Academy will respond promptly, compassionately, and impartially. We prioritize providing appropriate supports and accommodations to affected community members while maintaining procedural fairness for all involved parties.
This Policy applies to all members of the A1 Transportation Academy community, including:
This Policy covers incidents of sexual violence or misconduct occurring:
This policy fulfills the requirements set out under Section 32.1 of the Ontario Career Colleges Act, 2005, Section 32.0.1 (employee sexual misconduct), and O. Reg. 415/06, and includes MCURES compliance mandates:
Restriction on Non-Disclosure Agreements (NDAs): The Academy will not include, in any agreement entered into on or after July 1, 2023 (including a settlement or severance agreement), a term that directly or indirectly prohibits the Academy or any related person from disclosing that an allegation or complaint has been made that an employee committed an act of sexual misconduct toward a student. This restriction does not apply where all of the following conditions are met:
Prohibition on Re-Hire: Where the Academy discharges an employee, or an employee resigns, following a finding that the employee committed an act of sexual misconduct toward a student, that individual is permanently ineligible for re-employment or re-engagement (including as a contractor) at A1 Transportation Academy. If the Academy discovers it has re-employed an individual in contravention of this rule, it will discharge that individual immediately; no notice of termination, termination pay, or other compensation will be owed as a result.
| Term | Definition |
|---|---|
| Sexual Violence | Any sexual act or act targeting a person’s sexuality, gender identity, or gender expression — whether physical or psychological — committed, threatened, or attempted without consent. Includes sexual assault, sexual harassment, stalking, indecent exposure, voyeurism, sexual exploitation, stealthing, unauthorized distribution of intimate images, and cyber-harassment. |
| Consent | The active, ongoing, informed, and voluntary agreement to engage in physical or sexual activity. Consent can be revoked at any time. It cannot be given if incapacitated by drugs or alcohol, unconscious, asleep, or coerced. Consent cannot be implied or assumed, nor obtained through abuse of power or authority. |
| Sexual Harassment | Unwanted remarks, behaviors, or communications of a sexually oriented nature, or gender-based comments, where the perpetrator knows or ought reasonably to know the conduct is unwelcome. |
| Sexual Misconduct (Employee) | Physical sexual relations, touching of a sexual nature, or remarks/behaviour of a sexual nature directed by an employee toward a student, where the act constitutes a Criminal Code offence, infringes the student’s right under the Human Rights Code to be free from sexual solicitation or advance, or otherwise contravenes this Policy. Because of the inherent power differential in instructional and evaluation settings (such as driver training), romantic or sexual relationships between employees and students are prohibited. |
| Complainant | An individual who alleges that they have been subjected to sexual violence or a violation of this Policy. |
| Respondent | An individual accused of committing sexual violence or violating this Policy. |
| Disclosure | The act of sharing an experience of sexual violence with the Academy to receive supports or accommodations, without necessarily initiating a formal investigation. |
| Complaint | A formal report of sexual violence submitted to the Academy to initiate an internal investigation and adjudication process. |
| Balance of Probabilities | The standard of proof used in administrative investigations. An allegation is established if the evidence shows it is ‘more likely than not’ (>50% probability) to have occurred. |
Any student or employee affected by sexual violence is encouraged to make a disclosure to receive immediate support. A person does not need to report an incident or file a formal complaint in order to access the supports described below.
Name and Title: Lakhvinder Singh, Director
Email: info@a1ta.ca
Phone: (905) 754-0578 (EXT: 111)
Location: 5-50 Delta Park Blvd, Brampton, ON, L6T 5E8
Upon disclosure, the Academy can provide non-disciplinary accommodations tailored to the student or staff member, including:
None of the supports, services, or accommodations described in this Policy will be provided to a person on a fee-paying basis, and no fee will be charged for a referral to a community support or service.
A disclosure does not automatically launch a formal investigation unless requested by the survivor or required by law for public safety.
To launch a formal internal investigation, the Complainant must submit a written Complaint to the Campus Director detailing the date, time, location, involved parties, and nature of the incident, along with any supporting evidence.
A Complainant may choose not to request a formal investigation. Where an investigation does proceed, the Complainant has the right not to participate in it; the Academy will determine, in accordance with this Policy and any applicable legal duties (including public safety obligations), whether the matter can still be addressed without the Complainant’s participation.
Upon receiving a complaint, the Academy may implement temporary interim measures (such as No-Contact Directives, shift adjustments, schedule changes, or temporary administrative suspension) to protect physical or psychological safety. Interim measures are precautionary and do not presume guilt.
The investigator evaluates evidence using the Balance of Probabilities standard (more likely than not, >50%) and submits a confidential report to the Campus Director.
Both parties are notified in writing of whether the allegations were substantiated, a summary of findings, and any corrective or disciplinary outcomes.
A party who disagrees with the outcome of an investigation under this Policy may request a review by submitting a written appeal to the Owner/Director within ten (10) business days of receiving the written decision.
An appeal will be considered only on the following grounds:
Appeals will be reviewed by a person who was not involved in the original investigation or decision, wherever reasonably possible. The reviewer will provide a written decision within thirty (30) calendar days of receiving the appeal, which may confirm, vary, or overturn the original outcome. The decision on appeal is final and concludes the Academy’s internal process.
Nothing in this appeal process limits a person’s right to pursue other legal remedies, including a complaint under the Human Rights Code, a report to police, or, for students, a complaint to the Superintendent of Career Colleges.
If an investigation substantiates a breach of this Policy, sanctions will be applied promptly:
All members of the Academy community share responsibility for supporting this Policy. On becoming aware of an incident or complaint of sexual violence, or a disclosure made to them directly:
The Academy will provide or make available training on this Policy to:
Training will be refreshed at each policy review and provided to new employees and students within a reasonable period after they join the Academy. Records of training completion will be retained by the Academy.
The Academy strictly protects personal privacy in accordance with FIPPA and PIPEDA. Information is kept confidential except where required by law or safety, specifically:
This Policy will be published on the Academy’s website in a conspicuous location. Every enrolment contract between the Academy and a student will include a copy of, or a link to, this Policy, along with a signed acknowledgment that the student has received it.
This Policy is developed, and will be reviewed and amended, with input from students, instructors, and staff, consistent with the Academy’s obligation to consider student input in accordance with the regulations under the Ontario Career Colleges Act, 2005.
In compliance with provincial requirements for Ontario career colleges, A1 Transportation Academy tracks anonymized aggregate data regarding disclosures and formal complaints, including the supports and accommodations requested, awareness initiatives undertaken, the number of incidents and complaints reported, and the implementation and effectiveness of this Policy. Annually, aggregate statistics (devoid of personal identifiers) are reported to the Superintendent of Career Colleges / MCURES.
This Policy will be reviewed at minimum once every three (3) years, with consultation from students, instructors, and staff, to ensure ongoing effectiveness and full compliance.
