Employee Sexual Misconduct Policy 

1. Purpose and Commitment Akshar Academy is dedicated to maintaining a safe, respectful, and inclusive learning environment for all students. Sexual misconduct by employees against students violates professional ethics, student rights, and Ontario law. 

This policy aims to: 

• Prevent sexual misconduct. 

• Establish clear rules for employee conduct. 

• Define consequences for violations. 

• Ensure compliance with the Ontario Career Colleges Act, 2005 and the Human Rights Code. 

• Promote awareness, education, and support for students. 

2. Scope This policy applies to: 

• All employees: faculty, instructors, administrators, staff (full-time, part-time, contractual, temporary, and volunteers). 

• All students enrolled in any academic, professional, or extracurricular program conducted by Akshar Academy. 

It covers conduct: 

• On campus or at any college-affiliated location. 

• Online in virtual classrooms, communications, or events. 

• During off-campus academic activities such as internships, field trips, or conferences. 

3.Definitions 

a) Sexual Misconduct As per Section 32.0.1(1) of the Act, sexual misconduct includes: 

• Sexual behaviour or remarks: Physical sexual relations with a student. 

• Touching of a sexual nature. 

• Behaviour, gestures, or remarks of a sexual nature toward a student, where: 

• 1. 1. 1. • The act constitutes a Criminal Code offence, or 

           • The act infringes the student’s right under clause 7(3)(a) of the Human Rights Code to be free from sexual solicitation or advance, or 

           • The act contravenes this policy or any college rule regarding sexual conduct between employees and students. 

  2. Reprisal or threats: Any retaliation or threat against a student who rejects a sexual advance. 

b) Employee Any person employed by Akshar Academy in any capacity, including academic, administrative, support, or volunteer roles. 

c) Student Any individual enrolled in a program, course, or activity at Akshar Academy. 

4.Prohibited Conduct Employees shall not: 

• Engage in physical sexual relations with students. 

• Touch students in a sexual manner. 

• Make sexual comments, jokes, or advances toward students. 

• Use academic or employment power to solicit sexual favours. 

• Retaliate or threaten students for rejecting sexual advances. 

• Engage in any conduct creating a hostile or sexually charged learning environment. 

5.Reporting Mechanisms 

a) Reporting Channels Students may report sexual misconduct: 

• Directly to the Human Resources Department. 

• To the Student Support Office. 

• Through an anonymous online reporting portal (if available). 

• Via a designated confidential advisor trained in trauma-informed response. 

b) Confidentiality 

• Reports will be handled confidentially, disclosing information only to those directly involved in the resolution process. 

• No student will face retaliation for making a good-faith complaint. 

c) Support Services Students reporting sexual misconduct will be informed about: 

• Counselling services. 

• Academic accommodations (e.g., extensions, course changes). 

• Legal resources if desired. 

6. Investigation Process 

1. • Acknowledgement of Complaint 

     1. 1. Written confirmation to the complainant within 5 business days. 

   • Initial Assessment 

     1. 1. Determine if the complaint falls under this policy. 

        2. If yes, initiate formal investigation; if no, direct to appropriate procedure. 

   • Investigation 

     1. 1. Conducted by a trained, impartial investigator. 

        2. Both parties may provide evidence, witness statements, or documentation. 

        3. Investigations to be completed within 30 business days where possible. 

   • Outcome 

     1. 1. Findings and decisions communicated in writing to both parties. 

        2. Disciplinary action taken if misconduct is confirmed. 

7.Disciplinary Measures 

Under Section 32.0.1(2): 

• Discharge or discipline for sexual misconduct is for just cause. 

• No termination pays, notice, or compensation is owed. 

• Arbitrators cannot reduce or change penalties imposed by the college. 

8. No Re-employment

1. • Employees terminated or resigned due to sexual misconduct shall not be re-employed by Akshar Academy. (Section 32.0.1(3)).

   • If re-employed inadvertently, termination is mandatory upon discovery (Section 32.0.1(4)).

9. Agreements and Confidentiality Terms

1. • No agreement may prevent disclosure that a sexual misconduct complaint was made (Section 32.0.1(5)).

   • Exception: If a student requests confidentiality, the college may agree only if:

     1. The student had independent legal advice.

     2. No undue influence was exerted.

     3. The student retains the right to waive confidentiality later.

     4. The confidentiality is time-limited (Section 32.0.1(6)).

10. Training and Awareness

• Annual training for all employees on:

  1. Definitions of sexual misconduct.

  2. Reporting obligations and consequences.

  3. Professional boundaries and respect in learning environments.

• Awareness campaigns for students about reporting options and support services.

11. Review and Student Input

1. • Policy reviewed every three years for compliance with legislation.

   • Note: Student input may be sought for legislative compliance but students are not governed by this policy; the separate Student Sexual Violence Policy under Section 32.1 applies to them.

12. Data Collection and Reporting

• Akshar Academy will collect and report annually:

  • 1. 1. Number of complaints received.

       2. Types of supports requested by students.

       3. Training sessions conducted.

       4. Effectiveness measures of the policy.

• Personal information will be anonymized.

13. Legislative Authority

This policy is enacted under:

• Ontario Career Colleges Act, 2005, Section 32.0.1 (Employee Sexual Misconduct)

• Strengthening Post-secondary Institutions and Students Act, 2022

• Amendments in 2023 (c.9, Sched.29)