Employee Sexual Misconduct Policy 

Akshar Academy is dedicated to maintaining a safe, respectful, and inclusive learning environment for all students. Sexual misconduct by employees against students violates professional ethics, student rights, and Ontario law.

This policy aims to:

• Prevent sexual misconduct.
• Establish clear rules for employee conduct.
• Define consequences for violations.
• Ensure compliance with the Ontario Career Colleges Act, 2005 and the Human Rights Code.
• Promote awareness, education, and support for students.

This policy applies to:

• All employees: faculty, instructors, administrators, staff (full-time, part-time, contractual, temporary, and volunteers).
• All students enrolled in any academic, professional, or extracurricular program conducted by Akshar Academy.

It covers conduct:

• On campus or at any college-affiliated location.
• Online in virtual classrooms, communications, or events.
• During off-campus academic activities such as internships, field trips, or conferences.

a) Sexual Misconduct

As per Section 32.0.1(1) of the Act, sexual misconduct includes:

• Sexual behaviour or remarks: Physical sexual relations with a student.
• Touching of a sexual nature.
• Behaviour, gestures, or remarks of a sexual nature toward a student, where:
  • The act constitutes a Criminal Code offence, or
  • The act infringes the student's right under clause 7(3)(a) of the Human Rights Code to be free from sexual solicitation or advance, or
  • The act contravenes this policy or any college rule regarding sexual conduct between employees and students.
• Reprisal or threats: Any retaliation or threat against a student who rejects a sexual advance.

b) Employee
Any person employed by Akshar Academy in any capacity, including academic, administrative, support, or volunteer roles.

c) Student
Any individual enrolled in a program, course, or activity at Akshar Academy.

Employees shall not:

• Engage in physical sexual relations with students.
• Touch students in a sexual manner.
• Make sexual comments, jokes, or advances toward students.
• Use academic or employment power to solicit sexual favours.
• Retaliate or threaten students for rejecting sexual advances.
• Engage in any conduct creating a hostile or sexually charged learning environment.

a) Reporting Channels
Students may report sexual misconduct:

• Directly to the Human Resources Department.
• To the Student Support Office.
• Through an anonymous online reporting portal (if available).
• Via a designated confidential advisor trained in trauma-informed response.

b) Confidentiality

• Reports will be handled confidentially, disclosing information only to those directly involved in the resolution process.
• No student will face retaliation for making a good-faith complaint.

c) Support Services
Students reporting sexual misconduct will be informed about:

• Counselling services.
• Academic accommodations (e.g., extensions, course changes).
• Legal resources if desired.

1. Acknowledgement of Complaint: Written confirmation to the complainant within 5 business days.
2. Initial Assessment: Determine if the complaint falls under this policy. If yes, initiate formal investigation; if no, direct to appropriate procedure.
3. Investigation: Conducted by a trained, impartial investigator. Both parties may provide evidence, witness statements, or documentation. Investigations to be completed within 30 business days where possible.
4. Outcome: Findings and decisions communicated in writing to both parties. Disciplinary action taken if misconduct is confirmed.

Under Section 32.0.1(2):

• Discharge or discipline for sexual misconduct is for just cause.
• No termination pays, notice, or compensation is owed.
• Arbitrators cannot reduce or change penalties imposed by the college.