Regulation - LGIC
Proposed Regulation under the Private Career Colleges Act, 2005
Regulation Number(s):
415/06
Instrument Type:
Regulation - LGIC
Bill or Act:
Private Career Colleges Act, 2005
Summary of Decision:
Approved May 9, 2016.
Further Information:
Private Career Colleges Act, 2005
Ontario Regulation 415/06
Bill 132, Sexual Violence and Harassment Action Plan Act, 2015
Action Plan to Stop Sexual Violence and Harassment
Proposal Number:
15-TCU003
Posting Date:
December 10, 2015
Summary of Proposal:
If Bill 132 is passed, the proposed amendments to O. Reg. 415/06 would require:
1. Applicants for registration under the PCC Act (including PCCs applying to renew their registrations) to include a copy of their sexual violence policy in the application.
2. Student enrolment contracts to include an acknowledgement by the student that he or she has received a copy of the PCC's sexual violence policy.
3. The sexual violence policy to include information about supports and services available for students at the PCC and in the community, and to identify the official or department to contact to obtain supports and services.
4. The sexual violence policy to inform students that the PCC will appropriately accommodate the needs of students affected by sexual violence, and to identify the official or department to contact to obtain accommodation.
5. The sexual violence policy to detail the PCC's process for responding to and addressing incidents and complaints of sexual violence involving students, including:
a. The process to report an incident or complaint;
b. The measures that will be put in place to protect the person reporting an incident or complaint from retaliation or the threat of retaliation;
c. The process to determine whether to investigate an incident or complaint;
d. The right of a victim to not request or participate in an investigation;
e. The investigation and decision-making process that will take place after a report of an incident or complaint;
f. The officials or departments involved at each stage of the investigation and decision-making process;
g. The right of a party to an investigation or decision-making process to have a person present during the process;
h. The range of interim measures that a PCC may impose during the investigation and decision-making process;
i. The range of decisions that may be made after an incident or complaint is investigated;
j. The measures that will be put in place to protect the confidentiality of personal information;
k. The process by which a person may appeal a finding or decision; and
l. The roles and responsibilities of individuals who manage or direct the affairs of the PCC (including but not limited to owners, directors, partners, controlling shareholders), their employees and contractors (including but not limited to instructors), and students upon
becoming aware of an incident or complaint.
6. PCCs to provide or make available training on their sexual violence policy to individuals who manage or direct the affairs of the PCC (including but not limited to owners, directors, partners, and controlling shareholders), their employees and contractors (including but not limited to instructors), and students which must include training on the process for responding to and addressing incidents and complaints of sexual violence involving students.
7. PCCs to publish their policy on their websites, or in the event that a PCC does not maintain a website, to post its policy in a conspicuous location at each of its campuses.
8. PCCs to appropriately accommodate the needs of students affected by sexual violence. PCCs would not be permitted to charge fees for providing supports and services to students, for accommodating students, or for referring students to supports or services off-campus (i.e. in the broader community).
9. The sexual violence policy to prevail over a PCC's expulsion policy if the two policies conflict.
1. Applicants for registration under the PCC Act (including PCCs applying to renew their registrations) to include a copy of their sexual violence policy in the application.
2. Student enrolment contracts to include an acknowledgement by the student that he or she has received a copy of the PCC's sexual violence policy.
3. The sexual violence policy to include information about supports and services available for students at the PCC and in the community, and to identify the official or department to contact to obtain supports and services.
4. The sexual violence policy to inform students that the PCC will appropriately accommodate the needs of students affected by sexual violence, and to identify the official or department to contact to obtain accommodation.
5. The sexual violence policy to detail the PCC's process for responding to and addressing incidents and complaints of sexual violence involving students, including:
a. The process to report an incident or complaint;
b. The measures that will be put in place to protect the person reporting an incident or complaint from retaliation or the threat of retaliation;
c. The process to determine whether to investigate an incident or complaint;
d. The right of a victim to not request or participate in an investigation;
e. The investigation and decision-making process that will take place after a report of an incident or complaint;
f. The officials or departments involved at each stage of the investigation and decision-making process;
g. The right of a party to an investigation or decision-making process to have a person present during the process;
h. The range of interim measures that a PCC may impose during the investigation and decision-making process;
i. The range of decisions that may be made after an incident or complaint is investigated;
j. The measures that will be put in place to protect the confidentiality of personal information;
k. The process by which a person may appeal a finding or decision; and
l. The roles and responsibilities of individuals who manage or direct the affairs of the PCC (including but not limited to owners, directors, partners, controlling shareholders), their employees and contractors (including but not limited to instructors), and students upon
becoming aware of an incident or complaint.
6. PCCs to provide or make available training on their sexual violence policy to individuals who manage or direct the affairs of the PCC (including but not limited to owners, directors, partners, and controlling shareholders), their employees and contractors (including but not limited to instructors), and students which must include training on the process for responding to and addressing incidents and complaints of sexual violence involving students.
7. PCCs to publish their policy on their websites, or in the event that a PCC does not maintain a website, to post its policy in a conspicuous location at each of its campuses.
8. PCCs to appropriately accommodate the needs of students affected by sexual violence. PCCs would not be permitted to charge fees for providing supports and services to students, for accommodating students, or for referring students to supports or services off-campus (i.e. in the broader community).
9. The sexual violence policy to prevail over a PCC's expulsion policy if the two policies conflict.
Contact Address:
Joe Zapotochny
Ministry of Training, Colleges and Universities
77 Wellesley Street West
Box 977
Toronto, ON M7A 1N3
Ministry of Training, Colleges and Universities
77 Wellesley Street West
Box 977
Toronto, ON M7A 1N3
Effective Date:
January 1, 2017
Decision:
Approved