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EZONE ACDEMY
Student Sexual Violence Policy and Procedures

Ezone Academy will not tolerate sexual and/or gender-based harassment and trusts all staff, students and employees act responsibly in maintaining a safe environment for all. This Policy affirms Ezone Academy’s commitment to preventing and addressing incidents of sexual violence, provides information about available supports and services for students affected by sexual violence, and sets out the procedures for responding to and addressing incidents of sexual violence involving students.
In the event of a Sexual Assault, Ezone Academy recommends any staff or student to contact the Academy Administrator: Tina Casciato email: academy@renaissance-salon.ca and/or access the following resources:
Niagara Regional Police Sexual Assault Unit https://www.niagarapolice.ca/en/what-we-do/sexualassault.aspx#
Niagara Sexual Assault Centre http://niagarasexualassaultcentre.com/
Victim Services Niagara http://www.victimservicesniagara.on.ca/

Policy:
Ezone Academy is committed to maintaining healthy and safe learning, living, social, recreational, and working environments. Acts that perpetuate Sexual Violence, including Sexual Harassment, are against Ezone Academy’s values and will not be tolerated. Thus, Ezone Academy will:
  1. Condemn all acts that perpetuate or reinforce Sexual Violence and hold individuals who perpetrate such acts accountable.
  2. Help those who have experienced Sexual Violence by providing supports and services, regardless of whether a Report is filed.
  3. Help Ezone Academy community to oppose Sexual Violence through proactive educational programming; and
  4. Continually improve how Ezone Academy addresses Sexual Violence by examining the efficacy of programming choices, how support is provided, and how students use services and resources.
There are many myths and misconceptions about Sexual Violence (e.g., rape myths) that downplay the seriousness of Sexual Violence and confuse an individual’s understanding of Consent. These ways of thinking contribute to a social context where individuals who experience Sexual Violence may blame themselves for what happened and worry that they will not be believed, which may dissuade them from seeking help. These misconceptions contribute to victim-blaming responses that excuse perpetrators for their actions. Ezone Academy strongly opposes this kind of thinking. This policy was developed to support those who have experienced Sexual Violence and to ensure they are treated with dignity and respect.
Ezone Academy recognizes that everyone is free to label their experiences using whatever terminology they choose. The label “survivor” may work for some individuals and may not for others. To that end, this policy refers to individuals based on their interaction with the policy.
Ezone Academy prides itself on the diversity of its students. The broad range of student identities, backgrounds and cultures will be considered when accommodating the needs of students.
 
Ezone Academy seeks to continually improve how it addresses Sexual Violence by examining the efficacy of supports and programming choices, how support is provided, and how Students use Ezone Academy services in accordance with this Policy.
 
Support for Students:
  1. For any Student who has experienced Sexual Violence, or any Student who is accused of perpetuating Sexual Violence, this Policy, and related procedures detail how Ezone Academy will:
    1. Empower Students to make separate choices on whether to:
      • Disclose within a safe space and receive information about available supports and Accommodations,
      • Access support and assistance from Ezone Academy, and
      • Officially report an incident of Sexual Violence to Ezone Academy to pursue an informal or formal resolution.
    2. Accommodate the needs of Students affected by Sexual Violence.
    3. Implement Interim Measures to protect Students affected by Sexual Violence, where appropriate; and
    4. Respond to and address incidents of Sexual Violence involving Students.
Prevention, Education and Training:
  1. Ezone Academy stands against Sexual Violence through a preventative approach that empowers Ezone Academy community to oppose sexual violence and to minimize behaviours that contribute to the perpetuation of Sexual Violence.
  2. To this end, Ezone Academy will provide educational programming and training for students on this Policy on a regular basis throughout the academic year.
  3. Ezone Academy will also provide training on this Policy to all staff members, on a regular basis detailing the processes for responding to and addressing incidents of Sexual Violence involving Students, including elements involved in reporting, investigating and deciding upon incidents of Sexual Violence.
 
Procedures:
Disclosing, Accessing Support and Reporting:
  1. This Policy distinguishes between Disclosing, Accessing Support and Reporting:
    • Disclosing means telling someone about what has happened and being referred to a Support Worker or other services to provide support and assistance.
    • Accessing Support means telling a Support Worker who can provide support and Accommodations from a confidential space.
    • Reporting means filing a Report of Sexual Violence with the Academy Administrator to pursue a resolution through Formal or Informal processes.
  1. Students who share their experience of Sexual Violence through Disclosing, Accessing Support, and/or Reporting have the right to:
    • Be treated respectfully.
    • Choose whether to initiate, continue or discontinue telling their story, and to participate or not participate in any aspect of processes that result from pursuing a resolution.
    • Access support and accommodations, regardless of whether they file a Report of Sexual Violence.
    • Choose not to request an investigation, and/or not to participate in any investigation that may occur.
    • Be protected from irrelevant questions such as those relating to past sexual history or sexual expression.
    • Be protected from having their use of drug or alcohol while being underage held against them at the time the Sexual Violence occurred.
    • Have the information they disclose be kept in confidence, shared only on a need-to-know basis, or where legally required. All information will be handled in accordance with the Freedom of Information and Protection of Privacy Act; and
    • Choose whether to pursue recourse through external processes, such as an application to the Human Rights Tribunal of Ontario, filing a police report or other processes of criminal or civil justice.
 
Disclosing:
  1. Ezone Academy recognizes that Students who have experienced Sexual Violence may initially disclose to a friend, peer leader, or trusted faculty or staff member. The individual receiving a disclosure should act in a caring and supportive way and maintain confidentiality, except where the individual making the disclosure consents to further information sharing to access support.
  2. Any individual who receives a disclosure from a Student should:
    1. Inform the Student about this Policy and about the supports and assistance that are available to them.
    2. Help the Student access a Support Worker as needed to explore pathways to wellness and healing.
  3. Help the Student access the Academy Administrator as needed to explore reporting options; and
  4. Email academy@renaissance-salon.ca sharing only the time of the disclosure and confirming that the disclosing Student has been provided information about available supports and assistance and/or directed toward the website.
  5. If the information received from the disclosing Student suggests either of the following circumstances, those receiving the disclosure must promptly share that information with the Administrator, and in doing so, must inform the Student of this action:
    1. Where there is an imminent threat or risk of serious harm, including self-harm, to the Student or other individual; and
    2. Where the actions constitute harassment and result in an individual feeling as though their personal safety is at risk, whether in person or online.
  6. If the information received from the disclosing Student suggests that an incident has occurred involving Workplace Violence or Workplace Harassment under the Occupational Health and Safety Act, those receiving the disclosure must promptly share that information with the Academy Administrator, and in doing so, must inform the student of this action.
  7. Those requiring advice about whether, and to what extent, the information must be shared, may consult with the owner of Ezone Academy. The Owner will use and share the information provided to the extent that is required by law.
 
 
 
 
 
 
 
Accessing Support:
  1. In an emergency where there is a clear risk of harm, including self-harm, call for help.
  2. Where it is not an emergency, Students who have experienced Sexual Violence can access support for their wellness and healing by making an appointment with the Academy Administrator. Call 905-684-6000 or email academy@renaissance-salon.ca . Appointments may be held by phone or in person at a different location, at the request of the Student. Regardless of whether the Student chooses to proceed with a Report. Students may also access community supports and services listed online.
  3. Outside Support: Support Workers provide Students who have experienced Sexual Violence with the opportunity to tell their own story on their own terms, and support Students by:
    • Helping Students to explore pathways for wellness and healing.
    • Communicating with other members of Sexual Violence Response Team involved in providing support and Accommodations, with the Student’s consent.
    • Providing referrals to supports and services through external community partners; and
    • Offering other assistance as required.
    • Access outside supports here: Niagara Sexual Assault Centre http://niagarasexualassaultcentre.com/  and/or Victim Services Niagara http://www.victimservicesniagara.on.ca/
 
Anonymous Disclosures:
  1. A Student may anonymously disclose Sexual Violence. Students may choose not to provide their name or other personal information in the anonymous disclosure. Students who make anonymous disclosures will be provided with information about the supports and assistance that they may choose to access.
Confidentiality:
  1. Accessing support from the Academy Administrator occurs in a protected space and information will be kept confidential, except under the following circumstances:
    1. The Student seeks Accommodations and consents to sharing information with relevant members of the Academy on a need-to-know basis to make the appropriate arrangements.
    2. The Student chooses to proceed with Reporting an incident of Sexual Violence, in which case information will be shared only to the extent necessary to achieve Administrative Fairness, and as otherwise required by law.
    3. Information is received suggesting there is a clear risk of harm, including self-harm, to the Student or other individuals.
    4. The Student has experienced Sexual Violence by someone employed by Ezone Academy (e.g., faculty or staff member, or teaching assistant), in which case a confidential investigation will be conducted under the Policy against Violence, Harassment and Discrimination in the Workplace and information will be disclosed only to the extent necessary to achieve Administrative Fairness.
    5. Reporting is required by law (g., the suspected abuse or neglect of someone under 16 years of age, which will be reported to the Children’s Aid Society, or sexually inappropriate behaviour by another health professional is disclosed and their name is provided, which would be reported to their regulatory body.)
    6. Information is required for a police investigation, or for litigation purposes.
Reporting:
  1. Where a Student or other individual affected by Sexual Violence is considering bringing forward a Report of Sexual Violence, they may meet with the Academy Administrator to review the Procedures. The Complainant may arrange the meeting with the Administrator directly or with the help of a Support Worker.
  2. If the Complainant wishes to pursue a resolution under this Policy, the Administrator will conduct a preliminary assessment by obtaining brief details from the Complainant to assess in a sensitive and tactful manner the nature of the Sexual Violence being reported and determine whether:
    1. The described incident is covered by this Policy.
    2. Interim Measures are necessary to protect the safety of the Complainant or other Students and arrange for their implementation within five (5) Working Days.
    3. Accommodations are needed. Accommodations can be arranged regardless of whether the Student chooses to proceed with an Investigation and will be implemented on a confidential basis.
  3. If the Administrator determines that the alleged incident is covered by this Policy and the Complainant wishes to pursue a Formal Resolution, they will make a final and binding decision to commence an Investigation. This determination will normally be made within five (5) Working Days of Receipt of the Report.
  4. If the Administrator determines that the Report does not warrant further investigation (e.g., the allegations brought forward are not covered by this Policy or are covered by another policy), they will advise the Complainant in writing of the determination to not proceed with an investigation. In instances where a Respondent may have been alerted or notified of the fact that a Report has been received, the Academy Administrator may advise the Respondent in writing of the determination to not proceed with an investigation.
  5. If at any stage following the receipt of a Report there is evident behaviour or actions of retaliation or expressed or implied threat of reprisal against a Complainant, the Academy Administrator may arrange additional Interim Measures, as appropriate to protect the Complainant and the reprisal may itself be the subject of a further Report under this Policy.
Informal Resolution:
  1. A Complainant may choose to pursue an Informal Resolution at any time. The Academy Administrator will work with the Complainant to consider an Informal Resolution option that can help them to meaningfully address the incident of Sexual Violence and where participation does not place the Complainant at risk. Examples of Informal Resolution processes include delivering an impact statement, communicating to a Respondent that the behaviour is unwelcome and must stop, meeting with the Academy owners to discuss the ways in which future occurrences of the disclosed incident can be prevented, training or education for individuals and groups, or other alternate resolution process.
  2. The Academy Administrator will work with other support groups, where appropriate, to undertake the Informal Resolution process selected by the Complainant.
  3. If the Complainant is satisfied by the actions taken through the Informal Resolution process, the Academy Administrator and the Complainant will prepare and sign a written summary of the resolution, and the Report will be deemed resolved.
  4. If no satisfactory resolution is achieved, the Complainant may consider pursuing a Formal Resolution.
Formal Resolution:
  1. If the Complainant chooses to pursue a Formal Resolution, the Academy Administrator will oversee the process to ensure that the parties are treated fairly, the file proceeds as expeditiously as possible, and the safety of the Complainant is considered at all steps of the process. In doing so, the Administrator will ensure that all elements of Administrative Fairness are applied to the Investigation and Decision-Making processes. An Informal Resolution does not have to be considered or achieved for a Formal Report to take place.
 
 
 
Investigation:
  1. Where it is determined that a Report of Sexual Violence is covered by this policy and will be investigated, the Administrator will:
    1. Advise the Complainant in writing that the Report will be investigated, and that the Complainant will be contacted for a meeting in due course. The Academy Administrator will: (i) also advise the Complainant that he or she has the right not to participate in the investigation process; (ii) provide contact information for Support Services; and (iii) will indicate that the Complainant has the right to be supported and accompanied by their legal counsel and/or other support.
    2. Advise the Respondent, in writing, that a Report has been received and that they are the subject of an investigation of a Report of Sexual Violence. This notice will, at minimum, be delivered to an Ezone Academy email account, as applicable. The notice will advise that an investigation is being initiated, contain a summary of the allegations, and indicate they will be contacted for a meeting in due course. The notice will also provide contact information for any Support Services and will indicate that the Respondent has the right to be supported and accompanied by their legal counsel and/or other support. This notice will be provided within five (5) Working Days of receipt of the Report.
  2. The purpose of an investigation is to: Gather evidence and witness statements, weigh the evidence; make findings of fact based on the evidence, and produce an Investigative Report. In an investigation under this procedure, the Administrator must decide having weighed the evidence on a Balance of Probabilities that either: (1) Sexual Violence did occur; or (2) Sexual Violence did not occur.
  3. The Academy Administrator will keep all information obtained during an investigation confidential, and all relevant documents, including electronic documents, will be kept in a secure location.
  4. At any point during the investigation, the Academy Administrator may set meetings with any individual to obtain further information, ensuring that all elements of Administrative Fairness are upheld. At a minimum, the Academy Administrator will make reasonable attempts to meet with the Complainant and the Respondent and provide them with the opportunity to submit written or other documentary evidence relevant to the case. The Academy Administrator may also choose to seek information from other witnesses taking care to ensure that they are given a reasonable opportunity to understand the allegations and provide relevant information. Both the Complainant and Respondent have the right to be accompanied by their legal counsel, a union representative, or other support person at any point during this procedure or related processes.
  5. During the investigation, the Administrator will keep the Complainant and the Respondent apprised of the status of the investigation and the expected time to completion. Unless there are extenuating circumstances, it is expected that process will be completed within ten (10) Working Days.
  1. Once the Administrator has compiled a complete summary of the allegations and supporting document(s), they will notify the Respondent and provide them with a copy of the draft investigative report. The report may be redacted where appropriate to protect confidentiality (e.g., witness names). This draft report will contain all information that is required for the Respondent to fully understand the allegations and provide a complete response.
  2. The Respondent will be given a reasonable opportunity to meet with the Administrator to discuss the draft investigative report and respond to the allegations. Unless there are extenuating circumstances, the Respondent will be given five (5) Working Days to provide a response. If no response is provided or the Respondent chooses not to participate, the Academy Administrator may proceed without input from the Respondent.
  3. If more time is required for the investigation and/or response due to extenuating circumstances, the Academy Administrator will notify the Complainant and Respondent accordingly. Extenuating circumstances may include having multiple witnesses, difficulty in scheduling interviews, availability of resource persons or materials, time of year, or other circumstances that may arise through the course of the investigation. 
  4. Based on all available evidence, including the Respondent’s response, the Academy Administrator will determine whether there has been a violation of the Policy, weighing the evidence on a Balance of Probabilities. The Administrator 's determination will be reported in a final Investigative Report containing a summary of the information gathered during the investigation.
Decision Making:
  1. The Investigative Report will be forwarded to the owners of Ezone Academy for a Decision. The owners, along with the Academy Administrator, will review the Investigative Report and either accept it or seek further clarification. They will determine the appropriate Disciplinary Penalties and prepare a written Decision that will be forwarded to the Respondent. It is expected that the Decision will be forwarded within ten (10) Working Days.
  2.  
  3. The Academy Administrator will share the Decision in writing with the Complainant as appropriate to maintain obligations under privacy laws, uphold Administrative Fairness and protect the ongoing health and safety of the Complainant or other involved parties.
Disciplinary Penalties:
  1. If a Respondent is found to have engaged in Sexual Violence, the Academy Management may determine that one or more of the following Disciplinary Penalties be imposed:
    1. Written warning.
    2. Conduct contract.
    3. Formal apology.
    4. Community service.
    5. Alternative forms of restitution.
    6. Restrictions from specific campus activities or course enrolments.
    7. Suspension or eviction from one or more facilities at the Academy; and/or
  2. The Academy Management shall be responsible for ensuring the implementation and enforcement of any Disciplinary Penalties. Students who fail to fulfill the terms of the penalties will be subject to further disciplinary proceedings.
Review of Investigation Procedures:
  1. The Respondent or the Complainant can request a review of the investigation, decision making process, or the Decision where there is reason to believe that a lack of Administrative Fairness resulted from the following elements:
    1. Parties did not receive adequate notice.
    2. Processes did not run in a timely fashion; and/or
    3. Processes were not managed in accordance with University Policy Instruments and had fundamental flaws.
  2. A request for review must be submitted in writing and must set out a description of the grounds of the request and must be submitted to the Academy Administrator within ten (10) Working Days of the date of the Decision.
Appeal:
  1. The Respondent has a right to appeal the decision and/or disciplinary penalties under one or both of the following grounds:
    1. New evidence exists that was not available to the Respondent at the time of the original decision (through no fault of their own) that, if considered would likely have altered the outcome of the Decision; or
    2. There was a fundamental flaw in the investigation or decision-making procedures that led to the Decision, resulting in a lack of Administrative Fairness.
  2. A notice of Appeal must be submitted in writing and must set out the specific grounds on which the appeal is being made and provide a summary of evidence in support of these grounds within ten (10) Working Days of the date of the Decision.
  3. If, after considering the written submissions, the Academy Administrator finds that the case does not meet the grounds for appeal, the Academy Administrator will dismiss the Appeal or Review within five (5) Working Days of receipt of the Appeal. Otherwise, an appeal hearing will be conducted.
 
Oral Hearing:
  1. An appeal may proceed as an oral hearing, a review may result in an oral hearing.
  2. In such cases, the Complainant may be required to participate. If so, arrangements will be made to minimize the potential for traumatization of any party through direct contact with the Respondent or having to re-tell their story. Alternate methods of hearing testimony and asking questions may be used including providing separate rooms before the meeting; alternate means of participation such as telephone, video, pre-recorded answers, and statements; prepared written responses; and/or the opportunity to have access to a Support Worker at the time of the hearing.
Retaliation:
  1. Any acts of retaliation or reprisal, or express or implied threat of retaliation or reprisal, against any Complainant or any individual participating in an investigation of Sexual Violence are strictly prohibited under this policy and may result in disciplinary action. However, if an unfounded complaint is made in bad faith, the Complainant may also be subject to discipline.
  2. If at any stage following the receipt of a Report there is evident behaviour or actions of retaliation, or express or implied threat of reprisal against a Complainant, the Academy Administrator may arrange additional Interim Measures, as appropriate, to protect the Complainant and the reprisal may itself be the subject of a further Report under this Policy.
Monitoring and review
This Policy will be reviewed within one year of the first effective date and at least every three years after that. The Advisory Committee on Sexual Violence Prevention and Support, or successor thereof, is responsible for monitoring and reviewing this Policy. Any amendments to this Policy must be approved by the University’s Board of Governors.
 
 
 
 
 
Resources included in this Sexual Assault Policy:
In an emergency where there is a clear risk of harm, including self-harm, call for help: *In the event of a Sexual Assault, Ezone Academy recommends any staff or student to contact the Academy Administrator: Tina Casciato email: academy@renaissance-salon.ca or 905-684-6000 and/or access the following resources:
Other Niagara Regional Resources:
 
Niagara Sexual Assault Centre http://niagarasexualassaultcentre.com/
 
Victim Services Niagara http://www.victimservicesniagara.on.ca/
 
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