Act

Faculty and Staff Sexual Misconduct Towards Students and Ryerson University Name Change

Regulation Number(s):
Instrument Type:
Act
Bill or Act:
Strengthening Post-secondary Institutions and Students Act, 2022
Summary of Proposal:
The Ministry of Colleges and Universities is proposing legislative amendments to the Ministry of Training, Colleges and Universities Act and the Private Career Colleges Act, 2005 that would require enhancements to institutional sexual violence policies at publicly-assisted colleges and universities and private career colleges, particularly with respect to faculty and staff sexual misconduct towards students by:
• Strengthening tools available to institutions in order to address instances of faculty or staff sexual misconduct against students (i.e., deeming sexual abuse of a student to be just cause for dismissal, preventing the rehiring of employees found to have committed sexual abuse of a student);
• Preventing the use of non-disclosure agreements to address instances where an employee leaves an institution to be employed at another institution and their prior wrong-doing remains a secret; and
• Requiring institutions to have codes of conduct regarding faculty and staff sexual misconduct.

The ministry is also proposing legislative amendments to the Ryerson University Act, 1977 and the University Foundations Act, 1992 that would change the name of Ryerson University to "Toronto Metropolitan University", change the size and composition of the university's senate to add the Deputy Provost and Vice-Provosts, and expand the number of elected members from 51 to 62 members.
Analysis of Regulatory Impact:
MCU is seeking to ensure that publicly assisted colleges and universities and private career colleges will have access to tools and resources to address instances of sexual misconduct by faculty or staff and greater transparency with respect to faculty and staff who are found to have committed sexual abuse of a student.

The proposed approach is intended to support all students at publicly assisted colleges and universities and private career colleges who experience sexual misconduct by a faculty or staff member. The proposed approach may foster greater reporting among vulnerable and/or underrepresented student populations.

The proposal will have no immediate cost impacts for business or trade in Ontario. Publicly assisted colleges and universities and private career colleges could incur new costs, directly or indirectly, in the future as a result of the new requirements. Organizations regularly create and update new operational policies as part of their ongoing business so the ministry expects implementation costs will be minimal.

The proposal to change the name of Ryerson University to Toronto Metropolitan University and expand the size and composition of the university's senate would not impose any new requirements and burdens on businesses (profit or not-for-profit) and/or the Broader Public Sector. However, businesses that have the words 'Ryerson University' referenced in their documents or business materials may consider it appropriate to make changes and could incur some related costs.
Further Information:
Proposal Number:
22-MCU003
Posting Date:
October 27, 2022
Comments Due Date:
November 30, 2022
Contact Address:
Ministry of Colleges and Universities
Postsecondary Education Division
315 Front Street West, 16th Floor
Toronto, ON M7A 0B8