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Institutional Policy

Sexual Misconduct Policy

Seaside Coast College

Effective Date: Upon Institutional Certification

This policy is posted in a prominent place on the institution’s website and on the institutional Learning Management System (Tutor LMS), and is provided to every student before the program start date, in accordance with section 48.1 of the Private Training Regulation.

1. Commitment

Seaside Coast College is committed to the prevention of, and an appropriate response to, sexual misconduct. The institution maintains a safe, respectful, and supportive learning environment and responds to disclosures, Complaints, and Reports of sexual misconduct involving students in a fair, compassionate, and timely manner consistent with this policy and applicable law.

2. Scope and Application

This policy applies to sexual misconduct involving a student that occurs during institutional activities, within the institution’s online and synchronous learning environments, through institutional communications, during off-site institutional activities where applicable, or in circumstances that may reasonably affect the institution’s learning environment. It applies to students and may also apply to instructors, staff, contractors, volunteers, and others participating in institutional activities.

3. Definition of Sexual Misconduct

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 that person;
  • the attempt to commit an act of sexual misconduct; and
  • the threat to commit an act of sexual misconduct.

4. Consent

Consent is the voluntary and ongoing agreement to engage in a specific sexual activity. Consent must be freely given and may be withdrawn at any time; cannot be assumed or implied; cannot be obtained through coercion, intimidation, threats, manipulation, or abuse of authority; and cannot be given where a person is incapable of consenting. Consent to one form of sexual activity does not constitute consent to any other sexual activity.

5. Complaint and Report — The Distinction

A Complaint of sexual misconduct is different from a Report. A Complaint is when a victim/survivor discloses or chooses to tell someone at the institution about an incident of sexual misconduct in order to seek support, but may not wish to make a formal report to the institution or to police. A Report is a formal notification of an incident of sexual misconduct to someone at the institution, accompanied by a request for action. A Report does not have to be made by the victim/survivor.

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.

6. Making a Complaint

A Complaint about sexual misconduct involving a student may be directed to the Senior Educational Administrator, Seaside Coast College, at lynth@seasidecoastcollege.com. If the Senior Educational Administrator is unavailable or is the person the Complaint is about, the Complaint may be directed to an alternate institutional representative designated by the institution.

7. Responding to a Complaint

The institution acknowledges receipt of a Complaint within five business days. In responding to a Complaint, the institution reviews the information provided, discusses available support and accommodation options, provides information about institutional procedures and reporting options, and documents the actions taken. The institution responds to Complaints in a fair, respectful, and timely manner and does not pressure the student to make a Report.

8. Making a Report

A Report is a written statement of an incident of sexual misconduct accompanied by a request for action. A Report may be submitted in writing to the Senior Educational Administrator, Seaside Coast College, at lynth@seasidecoastcollege.com, and should include sufficient information to support institutional review where possible. If the Senior Educational Administrator is unavailable or is the person the Report is about, the Report may be directed to an alternate institutional representative designated by the institution. A person who has made a Report may request to withdraw it at any stage; depending on the circumstances, including safety considerations or legal obligations, the institution may determine that some action remains necessary.

9. Responding to a Report

The institution reviews a Report within a reasonable timeframe and confirms the next steps with the parties in writing, normally within ten business days. In responding to a Report, the institution may gather additional relevant information, communicate with the individuals involved, implement supportive, protective, or interim measures, document its findings and actions, and determine what further response is required. The institution reviews Reports in a fair, respectful, and timely manner.

10. In All Instances

In responding to any Complaint or Report, the institution will:

  • take reasonable steps to ensure the safety of the victim/survivor;
  • as appropriate, provide current emergency and support contact information, including emergency services (911), medical assistance, mental health and crisis support, and provincial sexual-violence support services such as VictimLinkBC; and
  • respect the right of the individual to choose the services they consider most appropriate.

11. Supportive Measures and Accommodations

Where appropriate, the institution may implement supportive, protective, or interim measures to support student safety, continuity of learning, access to educational activities, and institutional operations. These may include academic accommodations, schedule adjustments, communication restrictions, temporary modifications to participation, or other reasonable measures. Supportive measures are not, in themselves, a finding or a disciplinary outcome.

12. Protection from Retaliation

It is contrary to this policy for the institution, or any member of the institutional community, to retaliate, engage in reprisals, or threaten to retaliate against a person in relation to a Complaint or a Report made in good faith.

13. Administrative Fairness

Any process undertaken under this policy is based on the principles of administrative fairness. All parties involved are treated with dignity and respect.

14. Confidentiality

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:

  • an individual is at imminent risk of severe or life-threatening self-harm;
  • 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;
  • reporting is required by law; or
  • it is necessary to ensure procedural fairness in an investigation or other response to a Complaint or Report.

15. Policy Review

The institution reviews this policy at least once every three years and updates it as needed. The institution provides students with an opportunity to give input on the policy as part of each review.

16. Records

Records related to Complaints, Reports, and institutional responses under this policy are maintained as part of the institution’s records and are retained in accordance with the institution’s Privacy and Records Policy, which provides for retention of Class A student records for at least eight years. These records are kept separately and accessed only by those who need them to administer this policy.

17. Related Policies

This policy operates alongside the institution’s Student Conduct Policy, Respectful and Fair Treatment of Students Policy, Privacy and Records Policy, Student Dismissal Policy, and Dispute Resolution Policy.

18. Regulatory Statement

Seaside Coast College is a private training institution in development and is in the process of seeking certification with the Private Training Institutions Regulatory Unit (PTIRU). The institution maintains this Sexual Misconduct Policy in alignment with PTIRU requirements. For more information about PTIRU, go to www.privatetraininginstitutions.gov.bc.ca.

19. Contact and Approval

Seaside Coast College · 3514 Fairmont Road, North Vancouver, BC V7R 2W9

Email: lynth@seasidecoastcollege.com · Website: seasidecoastcollege.com

Approved by: Senior Educational Administrator · Review cycle: At least every three years