English Depot Education Academy
#2130-8580 Alexandra Rd, Richmond, BC V6X 4B3
Phone: 604-273-1216
Email: info@englishdepot.com
Website: www.englishdepot.com
School Name: English Depot Education Academy (School ID#04254)
Name of policy: Sexual Misconduct Policy
Effective Date: Sept 1 2021
1. English Depot Education Academy is committed to the prevention of and appropriate response to sexual misconduct.
2. Sexual misconduct refers to a spectrum of non-consensual sexual contact and behaviour including the following:
· sexual assault;
· sexual exploitation;
· sexual harassment;
· stalking;
· indecent exposure;
· voyeurism;
· the distribution of a sexually explicit photograph or video of a person to one or more persons other than the person in the photograph or video without the consent of the person in the photograph or video and with the intent to distress the person in the photograph or video;
· the attempt to commit an act of sexual misconduct; and
· the threat to commit an act of sexual misconduct.
3. A Complaint of sexual misconduct is different than a Report of sexual misconduct. A person may choose to disclose or complain of sexual misconduct without making a formal report. A Report is a formal notification of an incident of sexual misconduct to someone at the institution accompanied by a request for action.
4. A student making a Complaint will be provided with resolution options and, if appropriate, accommodation, and will not be required or pressured to make a Report.
5. The process for making a Complaint about sexual misconduct involving a student is as follows:
· All student complaints must be made in writing.
· The student must provide the written complaint to the On-site administrator who is responsible for making determinations in respect of complaints. If the on-site administrator is absent or is named in a complaint, the student must submit the complaint to the Admissions Officer.
6. The process for responding to a Complaint of sexual misconduct involving a student is as follows:
· The On-site administrator will arrange a meeting with the student to discuss the concern and desired resolution within 5 school days of receiving the student’s written concern, or as soon as practicable.
· Following the meeting with the student, the On-site administrator will conduct whatever enquiries and/or investigations are necessary and appropriate to determine whether the student’s concerns are substantiated in whole or in part. Those inquiries may involve further discussion(s) with the student either individually or with appropriate personnel.
· The necessary enquiries and / or investigations shall be completed no later than 10 school days following the receipt of the student’s written concerns.
· The On-site administrator shall perform one of the following within 10 days of receiving the student’s written concerns:
· Determine that the student’s concerns are not substantiated; or
· Determine that the student’s concerns are substantiated in whole or in part;
· Determine that the student’s concerns are frivolous and vexatious.
· The student and the institution’s personnel involved shall receive a written summary of the above determination. A copy of all documentation relating to every student’s complaint should be signed by all parties. A copy shall be given to the student and original will be placed in the student file.
· If it has been determined that the student’s concerns are substantiated in whole or in part the On-site administrator shall include a proposed resolution of the substantiated concern(s).
· If the student is not satisfied with the determination of the On-site administrator, the student must advise the on-site administrator within 48 hours of being informed of the determination. The on-site administrator will immediately refer the matter to the Admissions Officer. The Admissions Officer will review the matter and meet with the student within 5 school days.
· The Admissions Officer shall either confirm or vary the determination of the on-site administrator. At this point the School’s Dispute Resolution Process will be considered exhausted.
· If the issue is of a serious nature the Admissions Officer may, in his/her sole discretion and cost, engage the services of a third party mediator to assist in the resolution of the dispute or notify local law enforcement agency.
· All disputes will be recorded and kept by college for 7 years, including copies of all documentation.
7. The process for making a Report of sexual misconduct involving a student is as follows:
· All student complaints must be made in writing.
· The student must provide the written complaint to the On-site administrator who is responsible for making determinations in respect of complaints. If the on-site administrator is absent or is named in a complaint, the student must submit the complaint to the Admissions Officer.
8. The process for responding to a Report of sexual misconduct involving a student is as follows:
· The On-site administrator will arrange a meeting with the student to discuss the concern and desired resolution within 5 school days of receiving the student’s written concern, or as soon as practicable.
· Following the meeting with the student, the On-site administrator will conduct whatever enquiries and/or investigations are necessary and appropriate to determine whether the student’s concerns are substantiated in whole or in part. Those inquiries may involve further discussion(s) with the student either individually or with appropriate personnel.
· The necessary enquiries and / or investigations shall be completed no later than 10 school days following the receipt of the student’s written concerns.
· The On-site administrator shall perform one of the following within 10 days of receiving the student’s written concerns:
· Determine that the student’s concerns are not substantiated; or
· Determine that the student’s concerns are substantiated in whole or in part;
· Determine that the student’s concerns are frivolous and vexatious.
· The student and the institution’s personnel involved shall receive a written summary of the above determination. A copy of all documentation relating to every student’s complaint should be signed by all parties. A copy shall be given to the student and original will be placed in the student file.
· If it has been determined that the student’s concerns are substantiated in whole or in part the On-site administrator shall include a proposed resolution of the substantiated concern(s).
· If the student is not satisfied with the determination of the On-site administrator, the student must advise the on-site administrator within 48 hours of being informed of the determination. The on-site administrator will immediately refer the matter to the Admissions Officer. The Admissions Officer will review the matter and meet with the student within 5 school days.
· The Admissions Officer shall either confirm or vary the determination of the on-site administrator. At this point the School’s Dispute Resolution Process will be considered exhausted.
· If the issue is of a serious nature the Admissions Officer may, in his/her sole discretion and cost, engage the services of a third party mediator to assist in the resolution of the dispute or notify local law enforcement agency.
· All disputes will be recorded and kept by college for 7 years, including copies of all documentation.
9. It is contrary to this policy for an institution to retaliate, engage in reprisals or threaten to retaliate in relation to a Complaint or a Report.
10. Any processes undertaken pursuant to this policy will be based on the principles of administrative fairness. All parties involved will be treated with dignity and respect.
11. All information related to a Complaint or Report is confidential and will not be shared without the written consent of the parties, subject to the following exceptions:
· If an individual is at imminent risk of severe or life-threatening self-harm.
· If an individual is at imminent risk of harming another.
· There are reasonable grounds to believe that others in the institutional community may be at significant risk of harm based on the information provided.
· Where reporting is required by law.
· Where it is necessary to ensure procedural fairness in an investigation or other response to a Complaint or Report.