Regulation - LGIC
Consultation regarding proposed amendment to O. Reg. 131/16 (Sexual Violence at Colleges and Universities)
Regulation Number(s):
O. Reg. 131/16
Instrument Type:
Regulation - LGIC
Bill or Act:
Ministry of Training, Colleges and Universities Act
Summary of Decision:
The amendment to O. Reg. 131/16 under the Ministry of Training, Colleges and Universities Act has been approved and was filed on September 16, 2021.
The amendment will come into effect on March 1, 2022.
The amendment will come into effect on March 1, 2022.
Analysis of Regulatory Impact:
This regulatory amendment is expected to result in some administrative and compliance costs to publicly assisted colleges and universities associated with updating their sexual violence policies, training and awareness materials to reflect the new requirements.
Further Information:
O. Reg. 131/16
Proposal Number:
21-MCU001
Posting Date:
January 27, 2021
Summary of Proposal:
Ontario Regulation 131/16 came into force in January 2017. The Regulation supports the requirements outlined in Section 17 of the Ministry of Training, Colleges and Universities Act, 1990 (MTCU Act or Act), setting out requirements respecting the content of sexual violence policies at publicly-assisted colleges and universities.
Ontario Regulation 131/16 establishes a common standard and minimum requirement for college and university sexual violence policies, while also providing publicly-assisted postsecondary education institutions with the flexibility to meet the unique needs of their community (students, staff and faculty) and the physical layout of their campuses.
The Ministry of Colleges and Universities is proposing that the following two requirements be added to the regulation, that if approved, would be reflected in publicly-assisted college and university sexual violence policies:
- A complainant acting in good faith, who discloses or reports sexual
violence, would not be subject to actions for violations of the institution's
policies related to drug and alcohol use at the time the alleged sexual
violence took place.
- During the institution's investigative process, students who share their
experience of sexual violence through disclosing, accessing support,
and/or reporting to the institution, would not be asked irrelevant questions
by the institution's staff or investigators. Examples of such irrelevant
questions would include those relating to past sexual history or sexual
expression.
The proposed inclusion of these new requirements is intended to strengthen publicly-assisted college and university sexual violence policies and to help ensure that the institutions respond appropriately to students affected by sexual violence.
Ontario Regulation 131/16 establishes a common standard and minimum requirement for college and university sexual violence policies, while also providing publicly-assisted postsecondary education institutions with the flexibility to meet the unique needs of their community (students, staff and faculty) and the physical layout of their campuses.
The Ministry of Colleges and Universities is proposing that the following two requirements be added to the regulation, that if approved, would be reflected in publicly-assisted college and university sexual violence policies:
- A complainant acting in good faith, who discloses or reports sexual
violence, would not be subject to actions for violations of the institution's
policies related to drug and alcohol use at the time the alleged sexual
violence took place.
- During the institution's investigative process, students who share their
experience of sexual violence through disclosing, accessing support,
and/or reporting to the institution, would not be asked irrelevant questions
by the institution's staff or investigators. Examples of such irrelevant
questions would include those relating to past sexual history or sexual
expression.
The proposed inclusion of these new requirements is intended to strengthen publicly-assisted college and university sexual violence policies and to help ensure that the institutions respond appropriately to students affected by sexual violence.
Contact Address:
Postsecondary Education Division
Postsecondary Accountability Branch
315 Front Street, 16th Floor
Toronto ON M5V 3A4
Postsecondary Accountability Branch
315 Front Street, 16th Floor
Toronto ON M5V 3A4
Effective Date:
March 1, 2022
Decision:
Approved