Introduction
Adler Graduate Professional School (“AGPS,” “ADLER,” or the “School”) recognizes the need to provide students with a safe and respectful environment. This policy is excerpted from the following.
- Workplace Discrimination and Harassment Policy
- Adler Graduate Professional School Code of Conduct
- Adler Graduate Professional School Dispute Resolution Process
The policy applies to all students, staff and faculty. Sexual misconduct, including sexual harassment, sexual assault, and sexual violence, is prohibited for any member of the Adler Community.
Particular provisions for sexual misconduct by an employee or contractor are defined by Ontario legislation Bill 26: Strengthening Post-secondary Institutions and Students Act, 2022.
To report sexual misconduct violations, please use the Complaints Procedure, listed in Section [add here]
Definitions
- Sexual Assault
- Sexual Assault is covered under the Criminal Code of Canada and includes any assault of a sexual nature that violates the sexual integrity of the victim. Canada has a broad definition of sexual assault. It includes all unwanted sexual activity, such as unwanted sexual grabbing, kissing, and fondling as well as rape.
- In this policy, it is defined to include behaviours that range from verbal obscenities to penetration. Sexual assault is an act of power and control that need not be physical. For example, obtaining sexual favours through extortion involving verbal threats, which the victim, with no reasonable option other than to comply, is sexual assault.
- Sexual Harassment
- Under the Ontario Human Rights Code, sexual harassment is engaging in a course of vexatious comment or conduct that is known or ought to be known to be unwelcome, including (sexual) harrassment that occurs virtually through the use of information and communications technology. Causing an employee or a student to submit to harassing conduct, whether explicit or implicit, as a term or condition of a person’s employment or educational progress is sexual harassment.
- Behaviour characterized by unwelcome and inappropriate sexual remarks or physical advances in the workplace or other professional or social situations connected to the workplace.
- A more detailed definition is found in the section entitled Sexual Harassment.
- Sexual Misconduct by an Employee or Contractor
- This entails:
- physical sexual relations with the student, touching of a sexual nature of the student, or behaviour or remarks of a sexual nature toward the student by an employee where:
- the act constitutes an offence under the Criminal Code (Canada),
- the act infringes the right of the student under clause 7 (3) (a) of the Human Rights Code to be free from a sexual solicitation or advance, or
- the act constitutes sexual misconduct as defined in the School’s employee sexual misconduct policy or contravenes the policy or any other policy, rule or other requirements of the School respecting sexual relations between employees and students, or
- any conduct by an employee of the School that infringes the right of the student under clause 7 (3) (b) of the Human Rights Code to be free from a reprisal or threat of reprisal for the rejection of a sexual solicitation or advance (“inconduite sexuelle”).
- Sexual solicitation and related reprisal
- Solicitation or advance made by an employee, student, faculty member or anyone in a position to confer, grant, or deny a benefit or advancement to another employee, faculty member or student where the person making the solicitation or advance knows or ought reasonably to know that it is unwelcome; or a reprisal or threat of reprisal for the rejection of a sexual solicitation or advance where the reprisal is made or threatened by an employee or faculty member in a position to confer, grant or deny a benefit or advancement.
- Sexual Violence
- AGPS uses the term “sexual violence” broadly to describe any violence, physical or psychological, executed through sexual means or by targeting sexuality. This violence has many varieties and includes sexual abuse and sexual assault.
- Sexual Harassment
- Sexual harassment is specifically prohibited by the Canadian Charter of Rights and Freedoms as well as the Ontario Human Rights Code. Sexual harassment is unlawful and against ADLER policy.
- There are two types of sexual harassment covered by this policy.
- “Quid pro quo” harassment, where submission to harassment is used as the basis for academic or employment decisions. Employee benefits such as raises, promotions, and better working hours are directly linked to compliance with sexual advances. Therefore, only someone in a supervisory capacity (with the authority to grant such benefits) can engage in quid pro quo harassment.
- An example of this would be a supervisor promising someone better working conditions or even a pay increase if they go out on a date with them. Another example would be a professor or instructor telling a student that they risk failing their course if they do not have sex with them.
- Hostile environment harassment consists of the use of verbiage of a sexual nature, unwelcome sexual materials, or even unwelcome physical contact in the workplace. This includes texts, emails, cartoons, or posters of a sexual nature, vulgar or lewd comments or jokes, and unwanted touching or fondling.
- A hostile work environment can be created by anyone in the workspace, be they supervisors, other employees and students or persons lawfully in the ADLER workplace.
- Sexual harassment occurs when unsolicited and unwelcome sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature:
- are made explicitly or implicitly a term or condition of employment or learning
- are used as a basis for an employment or learning related decision
- interfere with the performance of an employee or student or create an intimidating, hostile or otherwise offensive environment.
- Sexual harassment can take different forms. The following examples of sexual harassment are intended to be guidelines and are not exclusive when determining whether there has been a violation of this policy:
- verbal sexual harassment includes innuendoes, suggestive comments, jokes of a sexual nature, sexual propositions, lewd remarks, and threats; requests for any type of sexual favour (this includes repeated, unwelcome requests for dates); and verbal abuse or “kidding” that is oriented toward a prohibitive form of harassment, including that which is sexual in nature and unwelcome.
- nonverbal sexual harassment includes the distribution, display or discussion of any written or graphic material, including calendars, posters and cartoons that are sexually suggestive or show hostility toward an individual or group because of gender or sexual orientation; suggestive or insulting sounds; leering; staring; whistling; obscene gestures; content in letters and notes, facsimiles, e-mail, photos, text messages, tweets and Internet postings; or other form of communication that is sexual in nature and offensive.
- physical sexual harassment includes unwelcome, unwanted physical contact, including touching, tickling, pinching, patting, brushing up against, hugging, cornering, kissing, and fondling and forced sexual intercourse or assault.
- Courteous, mutually respectful, pleasant, consensual interactions between employees and students that are appropriate in the workplace and acceptable to and welcomed by both parties are not considered to be harassment, including sexual harassment.
Retaliation
No hardship, loss, benefit, or penalty may be imposed on an employee, contractor or student in response to:
- filing or responding to a bona fide complaint of discrimination or harassment
- appearing as a witness in the investigation of a complaint
- serving as an investigator of a complaint.
Retaliation or attempted retaliation in response to the lodging of a complaint or invoking the complaint process is a violation of this policy.
Any person who is found to have violated this aspect of the policy will be subject to disciplinary action up to and including termination of employment or expulsion from ADLER.
Consensual Romantic or Sexual Relationships
Relationships between staff or faculty and enrolled students are prohibited during the time that a student is enrolled in any ADLER program. Such relationships tend to create conflicts of interest or the appearance of such conflicts.
In addition, such relationships may give rise to the perception by others that there is favouritism or bias in academic and administrative decisions affecting the student. It is recognised that, because of the uneven balance of power within these relationships, consent by a student is necessarily suspect and may reasonably be viewed as the result of coercion or intimidation.
The atmosphere created by such appearances of bias, favouritism, intimidation, coercion, or exploitation undermines the spirit of trust and mutual respect that is essential to a healthy work and learning environment.
If a faculty member enters a consensual relationship that is romantic or sexual in nature with a student, they should be aware that this constitutes sexual misconduct on the part of the faculty member.
Once the relationship is made known to ADLER, an investigation will be initiated by the CEO or the CEO’s designate to determine if the actions of the faculty member constitute sexual misconduct under this policy. The School will review the situation with the senior administration, bearing in mind all the facts and determine an appropriate course of action. The administration will take the option that is least disruptive to the student.
Disciplinary Measures Related to Discrimination or Harassment
Any employee or student who engages in harassing behaviour, whether sexual or non-sexual, is subject to investigation, adjudication, and disciplinary measures, up to and including termination of employment or student status.
Disciplinary measures related to Sexual Misconduct by a student.
If a student of AGPS commits an act of sexual misconduct towards a student, staff member or member of the faculty, AGPS may discipline or dismiss the student for that act.
Discharge or discipline after an investigation of Sexual Misconduct by an employee or contractor of AGPS
If an employee or contractor of AGPS commits an act of sexual misconduct toward a student enrolled at AGPS, the School may discharge or discipline the employee for that act and,
the discharge or disciplinary measure is deemed just cause for all purposes, including termination of employment
the employee or contractor is not entitled to notice of termination or termination pay or any other compensation or restitution as a result of the discharge or disciplinary measure, and
despite subsection 48 (17) of the Labour Relations Act, 1995, and despite any provision of a collective agreement or employment contract specifying a penalty for the infraction, no arbitrator, arbitration board or other adjudicator shall substitute any other penalty for the discharge or disciplinary measure imposed by AGPS.
No re-employment
If an employee or contractor of AGPS commits an act of sexual misconduct toward a student enrolled at AGPS, and the School discharges the employee for this act or the employee resigns from their employment, AGPS shall not subsequently re-employ the employee or contractor.
Confidentiality Agreements
Confidentiality agreements that would prevent disclosure of sexual misconduct allegations by an employee are prohibited, with an exception if the confidentiality agreement is requested by the affected student.
Reporting Sexual Violence or Misconduct
Reports of Sexual Misconduct or Sexual Violence follow the Discrimination and Harassment Reporting Procedure.
Reporting at the Time of the Incident
If you witness or experience sexual violence in the School and are able to report it at the time of the incident, please go to Student Services or any member of the faculty or administration. They will have the protocol for responding to incidents and will be able to provide support.
Consider completing an Incident Report Form at the time of the incident or as soon as possible afterward to record as much detail as possible. The form is received by the VP Programming and will only be shared with the CEO, Human Resources, or, in the case of an investigation, the investigator and any disclosures associated with an investigation.
Incident Report Form – Link
To make a formal Discrimination or Harassment Complaint, please see the Complaint Process for Discrimination and Harassment)
Assumption of Good-Faith Reporting
AGPS will assume that all complaints are made in good faith until an investigation demonstrates otherwise. An individual making a complaint in bad faith will face investigation and consequences up to and including dismissal.
A policy of believing survivors does not imply that there is an assumption of guilt. Instead, it assumes that the survivor has made the report in keeping with their understanding of an incident and that a full and respectful investigation is necessary to protect both the complainant and respondent.
Off-Campus Incidents
Incidents of discrimination or harassment which occur between members of the Adler Community but occur off School grounds are considered to be violations of the AGPS Discrimination and Harassment Policy. To report an off-campus incident which you believe violates this policy, please use the same Complaint Procedure.
Limitations of Anonymous Reporting
For legal reasons, AGPS cannot take action or investigate any individual based on an anonymous report. Anyone reporting a violation of the AGPS Discrimination and Harassment Policy must make an official, written complaint.
Anonymous reports can make the situation more frustrating for survivors of discrimination and harassment in that they feel they have spoken up, but no action is taken. We strongly urge anyone experiencing discrimination and harassment to speak to any member of staff, the administration, or the Human Rights Advisor to consider their options.
Individuals can make confidential reports, but ultimately, a respondent has the right to know who is making an accusation against them and the nature of the accusation.