Sexual Harassment Policy

Introduction 

  1. Warm Heart Foundation of Canada (WHFC) is committed to providing its clients with an educational environment free from sexual Harassment and treating its clients who report incidents of sexual Harassment with dignity and
  1. Warm Heart Foundation of Canada (WHFC) adopted this Sexual Harassment Policy, which defines sexual harassment and outlines its training, reporting, investigative and disciplinary responses to complaints of sexual harassment made by its clients that have occurred on its facilities, or at one of its events and involve its
  1. The person accused of engaging in sexual harassment will be referred to as the “Respondent” and the person making the allegation as the “Complainant.”

Definition 

Sexual Harassment 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.

Training, Reporting, and Responding to Sexual Harassment

  1. Warm Heart Foundation of Canada (WHFC) shall include a copy of the Sexual Harassment Policy in every contract made between it and its clients, and provide a copy of the Sexual Harassment Policy to instructors, staff, other employees and contractors and train them about the policy and its processes of reporting, investigating and responding to complaints of sexual Harassment involving its clients. Any company participating in offering student internships on their premises must provide an undertaking in writing that it follows all applicable legislation, including the Ontario Human Rights Code and the Occupational Health and Safety Act and will provide clients access to those policies should they encounter issues relating to sexual Harassment in the
  1. The Sexual Harassment Policy shall be published on its website, as well as in conspicuous location on each of its current and future facilities.
  1. Instructors, staff, other employees, and contractors of Warm Heart Foundation of Canada (WHFC) will report incidents of or complaints of sexual harassment to the Director/CEO upon becoming aware of them. 
  2. Clients who have been affected by sexual Harassment or who need information about supports and services available at the Warm Heart Foundation of Canada (WHFC) should contact the President/CEO, Dr Golam Dastagir, at [email protected] or via phone at 647-406-3501, or make an in-person appointment to speak via the instructor, facilitator, or receptionist. 
  3. Subject to Section 4 below, to the extent it is possible, Warm Heart Foundation of Canada (WHFC) will attempt to keep all personal information of persons involved in the investigation confidential except in those circumstances where it believes an individual is at imminent risk of self-harm, or of harming another, or there are reasonable grounds to believe that others on its campus or the broader community are at risk. 
  4. This will be done by:    6.1 Ensuring that all complaints/reports and information gathered because of the complaint/reports will be only available to those who need to know for purposes of investigation, implementing safety measures and other circumstances that arise from any given case; and  6.2 Ensuring that the documentation is kept in a separate file from that of the Complainant/student or the Respondent.
  5. The Warm Heart Foundation of Canada (WHFC) will appropriately accommodate the needs of clients affected by sexual Harassment.
  6. Warm Heart Foundation of Canada (WHFC) recognizes the right of the Complainant not to report an incident of or make a complaint about sexual Harassment or not request an investigation and not to participate in any investigation that may
  7. Notwithstanding (8), in certain circumstances, Warm Heart Foundation of Canada (WHFC) may be required by law or its internal policies to initiate an internal investigation and/or inform police without the complainant’s consent if it believes the safety of members of its campus or the broader community is at
  8. In all cases, including (8) above, Warm Heart Foundation of Canada (WHFC) will appropriately accommodate the needs of its clients who are affected by sexual Harassment. Clients seeking accommodation should contact the CEO.

  9. In this regard, Warm Heart Foundation of Canada (WHFC) will assist clients who have experienced sexual Harassment in obtaining counselling and medical care and provide them with information about sexual Harassment supports and services available in the community listed in the Appendix. Clients are not required to file a formal complaint to access supports and services. 

Please note that a formal report of an incident of sexual harassment
is NOT necessary to access supports, services, or accommodations.

 

Investigating Reports of Sexual Harassment 

  1. Under this Sexual Harassment Policy, any student/client of Warm Heart Foundation of Canada (WHFC) may file a report of an incident or a complaint to the President or CEO, Dr Golam Dastagir, at [email protected], in writing.

 

  1. Upon receipt of a report of an incident or a complaint of alleged sexual harassment being made, the Director/CEO will respond promptly and:
    • determine whether an investigation should proceed and if the Complainant wishes to participate in an
    • determine who should conduct the investigation having regard to the seriousness of the allegation and the parties
    • determine whether the incident should be referred immediately to the police.

 

  1. In such cases or where civil proceedings are commenced in respect of allegations of sexual Harassment, Warm Heart Foundation of Canada (WHFC) may conduct its own independent investigation and make its own determination in accordance with its own policies and procedures and determine what interim measures ought to be put in place pending the investigation process such as removal of the Respondent or seeking alternate methods of providing necessary course studies.

 

  1. If clients, in good faith, report an incident of, or make a complaint about, sexual harassment, they will not be subject to discipline or sanctions for violations of the private career college’s policies relating to drug or alcohol use at the time the alleged sexual harassment occurred.

 

  1. During the institution’s investigative process, clients who disclose their experience of sexual harassment through reporting an incident of, making a complaint about, or accessing supports and services for sexual harassment, will not be asked irrelevant questions during the investigation process by the private career college’s staff or investigators, including irrelevant questions relating to the student’s sexual expression or past sexual history. Examples of such irrelevant questions would include those relating to past sexual history or sexual expression.

 

Once an investigation is initiated, the following will occur:

  1. The Complainant and the Respondent will be advised that they may ask another person to be present throughout the investigation.
  2. Interviewing the Complainant to ensure a complete understanding of the allegation and gathering additional information that may not have been included in the written complaint such as the date and time of the incident, the persons involved, the names of any person who witnessed the incident and a complete description of what occurred.
  • Informing and interviewing the Respondent of the complaint, providing details of the allegations, and giving the Respondent an opportunity to respond to those allegations and to provide any witnesses the Respondent feels are essential to the investigation.
  1. Interviewing any person involved or who has, or may have, knowledge of the incident and any identified witnesses.
  2. Providing reasonable updates to the Complainant and the Respondent about the status of the investigation; and
  3. following the investigation, the Director will:
    • review all the evidence collected during the investigation.
    • determine whether sexual Harassment occurred; and if so
    • determine what disciplinary action, if any, should be taken as set out in Section 5

 

 

  1. Disciplinary Measures 

 If it is determined by Warm Heart Foundation of Canada (WHFC) that the Respondent did engage in sexual Harassment, immediate disciplinary or corrective action will be taken. 

This may include:

  1. disciplinary action up to and including termination of employment of instructors or staff; or
  2. expulsion of a student; and /or
  3. the placement of certain restrictions on the Respondent’s ability to access certain premises or facilities; and/or
  4. any other actions that may be appropriate in the circumstances.

Appeal 

Should the Complainant or the Respondent not agree with the decision resulting from the investigation, he or she may appeal the decision to the President/CEO, Dr Golam Dastagir, at [email protected], or in-person, or call at 647-406-3501.

OR

 

within 10 business days by submitting a letter addressed to the President of Warm Heart Foundation of Canada (WHFC), advising of the person’s intent to appeal against the decision.

 

OR

 

Immediately contact one of the following organizations in the Appendix.

 

Should the Complainant or the Respondent not agree with the decision resulting from the investigation of the Director of Warm Heart Foundation of Canada, he or she may appeal the decision to make a complaint (called filing an application) with the Human Rights Tribunal of Ontario (HRTO).

 

 

Making False Statements 

It is a violation of this Sexual Harassment Policy for anyone to knowingly make a false complaint of sexual Harassment or to provide false information about a complaint.

Individuals who violate this Sexual Harassment Policy are subject to disciplinary and / or corrective action up to and including termination of employment of instructors or staff or expulsion of a student.

Reprisal 

It is a violation of this Sexual Harassment Policy to retaliate or threaten to retaliate against a complainant who has brought forward a complaint of sexual Harassment, provided information related to a complaint, or otherwise been involved in the complaint investigation process.

Individuals who violate the Sexual Harassment Policy are subject to disciplinary and /or corrective action, up to and including termination of employment of instructors or staff or expulsion of a student/client. 

Review 

Warm Heart Foundation of Canada (WHFC) shall ensure that student/client input is considered in the development of its Sexual Harassment Policy and every time it is reviewed or amended.

 

Warm Heart Foundation of Canada (WHFC) shall review its Sexual Harassment Policy 3 years after it is first implemented and amend it where appropriate. 

 

Collection of Student data 

Warm Heart Foundation of Canada (WHFC) shall collect and be prepared to provide upon request the following info.

 

  • the number of times supports, services, and accommodation relating to sexual harassment are requested and obtained by clients
  • any initiatives and programs to promote awareness of supports and services available to clients
  • the number of incidents and complaints of sexual Harassment reported by clients
  • the implementation and effectiveness of its sexual Harassment policy

Warm Heart Foundation of Canada (WHFC) shall ensure that the information it provides does not include personal information within the meaning of the Freedom of Information and Protection of Privacy Act. 

 

APPENDIX (CAN BE UPDATED)

Assaulted Women’s Helpline at 1-866-863-0511. This is a 24-hour crisis line. www.awhl.org

Interim Place (Women who experienced domestic Harassment)

Phone: 905-676-8517, 905-403-0864

 Victim Witness Assistance Program (VWAP)

The Victim Witness Assistance Program provides information, assistance and support to victims and witnesses of crime to increase their understanding of, and participation in, the criminal court process. VWAP provides crisis intervention, emotional support, case specific information (court dates, bail conditions), court preparation and orientation information, needs assessment and referrals to community agencies. This agency is funded by the Ministry of the Attorney General.
http://www.attorneygeneral.jus.gov.on.ca/english/ovss/programs.asp#vwap

 Family Transition Place

Family Transition Place is working to raise respect in relationships and eliminate Harassment in the community. This is done by providing shelter and counselling to abused women and their children as well as through skill-building education for youth, women, and men to help them build healthy relationships.
www.familytransitionplace.ca

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