1. Policy Statement:
Nimz Career College is committed to providing a safe and respectful learning environment for all students. We are committed to treating students who report incidents of sexual violence with dignity and respect and will appropriately accommodate student needs.
We strictly prohibit any form of sexual violence, harassment, or misconduct on our premises, during college-sponsored activities, or in connection with college-related matters. This policy aims to prevent sexual violence, provide support and accommodations to complainants, and to outline disciplinary responses to complaints.
Sexual Violence: “sexual violence” means 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.
Consent: the voluntary agreement of the complainant to engage in the sexual activity in question.
Sexual Assault: an assault of a sexual nature that violates the sexual integrity of the victim.
Sexual Harassment: is a form of discrimination that involves unwanted behaviour that intimidates or causes another person offence or humiliation. It is vexatious comments or conduct that is known or ought to be known to be unwelcome. Sexual harassment can take on a variety of forms including cyber-harassment.
Complainant: An individual who reports an incident of sexual violence, harassment, or misconduct.
Respondent: An individual who is accused of sexual violence, harassment, or misconduct.
3.1 Nimz Career College will include a copy of their sexual violence policy in every contract made between them and a student
3.2 Nimz Career College will provide all corporate directors, controlling shareholders, owners, partners and other persons who manage or direct the affairs of the private career college, and their agents, instructors, staff, other employees and contractors and will train them on its process for responding to and addressing incidents and complaints of sexual violence.
3.3 Nimz Career College will post the sexual violence policy on their website
3.4 If students, in good faith, report an incident of, or make a complaint about, sexual violence, they will not be subject to discipline or sanctions for violations of Nimz policies relating to drug or alcohol use at the time the alleged sexual violence occurred;
3.5 Students who disclose their experience of sexual violence through reporting an incident of, making a complaint about, or accessing supports and services for sexual violence, will not be asked irrelevant questions during the investigation process by Nimz College staff or investigators, including irrelevant questions relating to the student’s sexual expression or past sexual history.
3.6 Nimz Career College will appropriately accommodate the needs of students who are affected by sexual violence.
3.7 In this regard, Nimz Career College will assist students who have experienced sexual violence in obtaining support services in the community as set out in Appendix A. Students are not required to report an incident of, or make a complaint about, sexual violence in order to obtain the supports and services.
3.8 Students who have been affected by sexual violence or who need information about support services in the community may contact the campus director. Students also may request to speak with someone who is not in a position of authority at the college. Upon becoming aware of an incident or complaint, management, instructors, and staff must report it to the sexual violence designate.
4.1 Any student may file an incident or report or complaint about sexual violence to the campus director in writing.
4.2 If the complaint is in regards to the campus director, students may make a complaint to the CEO.
4.3 Upon receipt of a complaint, the campus will be notified and it will be:
4.3.1 Determined whether an investigation is needed and if the complainant is willing to be part of an investigation
4.3.2 Determine who should be involved in the investigation
4.3.3 Whether the complaint should be reported to the police
4.3.4 Deciding what (if any) interim measures need to be put in place in order to facilitate the investigation such as removal of respondent.
4.4 Any student making a complaint, if deemed necessary, will be protected from making a report or complaint about sexual violence such as (but not limited to) alternative schooling arrangements, placement arrangements, etc.
4.5 Nimz Career College recognizes the right of the complainant may choose not to request an investigation by the private career college, and has the right not to participate in any investigation that may occur.
If an investigation deemed necessary:
5.1 Students involved in an investigation or decision-making process has the right to have a person present with him or her at every stage of the process.
5.2 An interview will be held with the complainant to gather additional information
5.3 The respondent will be notified that a complaint has been made against them and an opportunity for them to respond will be granted
5.4 An interview of any witnesses will be performed
5.5 Updates will be provided to both the complainant and respondent
5.6 Following the investigation, the sexual violence designate will:
5.6.1 Review all information and evidence collected during the investigation
5.6.2 Determine whether or not sexual violence occurred
5.6.3 Determine disciplinary action as per section 6 of this policy.
Disciplinary action will be taken against individuals found responsible for violating this policy, which may include but is not limited to:
6.1 Termination of employment of staff or instructors,
6.2 Expulsion of students and/or
6.3 Any other action that may be appropriate
The appeal process for complaints of sexual violence provides an avenue for individuals involved in a case to request a review of the initial decision and outcome. This process aims to ensure fairness, impartiality, and accountability in addressing complaints.
a. The reporting party or the responding party may initiate an appeal if they believe there were procedural errors, new evidence, or substantial concerns about the fairness of the initial decision.
b. The request for appeal must be submitted in writing to the designated sexual violence designate or the appropriate college authority within 14 days of a response.
The grounds for appeal may include, but are not limited to, the following:
a. Procedural errors that may have affected the fairness or integrity of the investigation or disciplinary process.
b. New evidence that was not available during the initial investigation and could significantly impact the outcome.
c. Concerns about bias, conflicts of interest, or any other circumstances that may have compromised the objectivity of the decision-makers.
d. Failure to follow the established policies, procedures, or applicable laws during the investigation or disciplinary proceedings.
a. The appealing party must submit a written appeal outlining the specific grounds for the appeal and providing supporting documentation or evidence.
b. The appeal request will be reviewed by an authority designated by the college.
c. The authority will assess the appeal request and consider whether the grounds for appeal meet the established criteria.
d. The authority may request additional information or conduct further investigations if deemed necessary.
e. Both the reporting party and the responding party will have an opportunity to provide written responses to the appeal.
a. The authority will render a decision based on a thorough review of the appeal, the initial investigation report, any relevant evidence, and the responses from the involved parties.
b. The decision of the authority may include one of the following outcomes:
I. Uphold the original decision and outcome.
II. Modify the original decision and outcome.
III. Order a new investigation or disciplinary process.
IV. Dismiss the appeal if it is deemed without merit or does not meet the established criteria.
c. The authority will provide a written explanation of the decision, including the rationale for the outcome, to all parties involved.
a. The decision reached through the appeal process will be considered final and binding, concluding the college’s internal resolution procedures.
b. The decision will be communicated to the reporting party, the responding party, and any relevant college personnel responsible for implementing the outcome.
a. If the parties involved are not satisfied with the outcome of the internal appeal process, they may seek external remedies, such as filing a complaint with the appropriate external authority or seeking legal advice.
a. All parties involved in the appeal process will be expected to maintain the confidentiality and privacy of the proceedings, including the information shared during the appeal.
b. Information related to the appeal will be disclosed on a need-to-know basis and in compliance with applicable laws and regulations.
Note: The appeal process should be conducted in accordance with the college’s sexual violence policy, as well as any applicable federal, provincial, or local laws and regulations related to sexual violence and discrimination.
The college will review and update this policy every three years to ensure its effectiveness and compliance with relevant laws and regulations.
The college strictly prohibits retaliation against individuals who report incidents of sexual violence, harassment, or misconduct in good faith. Any retaliatory actions will be treated as a separate violation of this policy and may result in disciplinary action
Nimz Career College is committed to maintaining a safe and inclusive environment free from sexual violence, harassment, and misconduct. This policy sets forth guidelines for prevention, reporting, support, investigation, and disciplinary procedures
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