Sexual Violence & Harassment Policy

This policy applies to all students and members of A Spa For You Inc. – Esthetic Academy community including directors, employees, students, contractors, and suppliers of services, individuals who are directly connected to any Academy initiatives, including volunteers, and visitors.

Esthetic Academy is committed to maintaining a safe learning and working environment.  Sexual assault, violence, and harassment are unacceptable and will not be tolerated.  We implement guidelines to ensure our working environment, as well as a study environment is free of discrimination, violence, and harassment.  Esthetic Academy is committed to providing its students with an educational environment free from Sexual violence and always will treat its students and staff who report incidents of sexual violence with the utmost respect and dignity.

Definitions:  

“Respondent” defined as a person who is accused of engaging in sexual violence   and “Complainant” defined as a person making the allegations

“Sexual Violence” means any sexual act or act targeting a person’s sexuality, gender identity or gender  expression, whether the act is physical or psychological in nature, that is committed, threatened or attempted against a person without the person’s consent, and includes sexual assault, sexual harassment, stalking, indecent exposure, voyeurism and sexual exploitation.

Every Vocational Enrolment Contract made between A Spa For You Inc.  Esthetic Academy and it’s students shall contain a copy of the Sexual Violence & Harassment Policy.  All management, staff, directors, shareholders, contractors, instructors, and students will be provided with a copy of the Sexual Violence & Harassment Policy, as well as be trained about the policy and its processes of reporting, investigating and responding to complaints of sexual violence involving students.  The training will be provided by a Human Resource Specialist or a Sexual Violence Consultant.

The Sexual Violence and Harassment Policy will be printed, a copy will be placed on the bulletin board in the main classroom, as well will published on our website.

The Administrator Erika Maki (807) 475-6977 will be the contact person for reporting any incidents or complaints of sexual violence or harassment.   Upon receipt of a complaint written or verbal – a decision to investigate or not will be made within 24 hours.  As we are a small campus, Edward Maki, Director will be notified as an investigation begins.

The confidentiality and privacy of all persons involved will be respected and observed, to the extent which it is possible.  Information will ONLY be shared when requested and required by authorities, or if the Esthetic Academy believes an individual is at immediate risk of self-harm, or harming another person both at our facility or the broader community.  The Complainant can choose to have someone present with them for support.

All information gathered as a result of complaint or report will be only available to those who need to know for purposes of an investigation, or for implementing safety measures and any other circumstances that may arise from any given case; and ensuring the documentation is kept in a separate file from that of the Complainant, student, or Respondent.  These documents will be secured on site, in a locked cabinet. 

We recognize that reporting an incident may be difficult.  The Academy recognizes the right of the Complainant not to report an incident or make a complaint about sexual violence or harassment or not request an investigation and not to participate in any investigation that may occur.

The Esthetic Academy shall collect and be prepared to provide upon request by the Superintendent as required under Subsection 32.1 (8), (9), (10) and (11) of Schedule 5 of the Private Career Colleges Act, 2005 as amended.

In certain circumstances A Spa For You Inc. Esthetic Academy may be required by law or its internal policies to initiate an internal investigation, and/or inform the police without the Complainant’s consent if we believe the safety of our members, students or the broader community are at risk.

The Academy will request the input of students when this policy is reviewed or amended.  This input will be documented and kept on file.  The next amendment will occur September 2018

 

Support Services Available in the Community for students who are affected by Sexual Violence

 

Emergency Medical Assistance 911

Sexual Abuse Centre Thunder Bay (24 Hour Crisis Line) 344-4502

Faye Peterson House 345-4550

Thunder Bay Regional Health Science Centre

(Sexual assault treatment center) 684-6751

Beendigen Crisis Line (Aboriginal) 346-4357

Catholic Family Development Centre 345-7323

Northwestern Ontario Women’s Centre 345-7802

 

Reporting an incident & Academy Response:

 

If a person wishes to report, we recommend prompt reporting of all incidents where there is reason to believe that an incident may have occurred.  Prompt reporting (verbal or in writing) will assist us to take immediate and appropriate action.   

All reported incidents of sexual violence and harassment would be investigated in a manner that ensures due process to everyone involved, to the best of our abilities.    Esthetic Academy will accommodate the needs of our students affected by sexual violence or harassment.  Students seeking accommodation should contact Erika Maki, Administrator.  

Esthetic Academy will assist students who have experienced sexual violence in obtaining counselling and medical care and provide them with information about sexual violence services available in our community.  A student is not required to provide a formal complaint in order to access supports and services.     

Students have the right to report, and it is contrary to our Policy to retaliate, engage in reprisals or threat to retaliate against an individual for pursuing their rights or for participating or cooperating in an investigation.  Such conduct will be subject to discipline up to an including expulsion or termination of employment.

Esthetic Academy shall also ensure students who, in good faith, report an incident of, or make a complaint about, sexual violence, they will not be subject to discipline or sanctions for violations of the Esthetic Academy’s policies relating to drug or alcohol use at the time the alleged sexual violence occurred.

 

Investigating reports of Sexual Violence & Harassment

 

Any student of Esthetic Academy may file a report of an incident or a complaint to Erika Maki, Administrator in writing or verbally.  

Once a report is received or a complaint of alleged sexual violence being made, Erika Maki will respond promptly and determine whether an investigation should proceed and if the Complainant wishes to participate in an investigation.

A record of the internal investigation will be completed and kept on file for future reference for all potential proceedings.  The documents will be kept in a secured cabinet.

Any student of Esthetic Academy files complaint, either in written form or verbally, will not be asked irrelevant questions during the investigation process by Esthetic Academy’s staff or investigators, including irrelevant questions relating to the student’s sexual expression or past sexual history.

If the incident falls under the jurisdiction of the Criminal Code of Canada - the Thunder Bay Police will be called.

The Esthetic Academy will determine other measures which need to take place such as removal of the Respondent, or placing the course study on a Leave.

To ensure elements of fairness the Complainant and the Respondent will be advised that they may ask another person to be present throughout the investigation:

Interviewing the Complainant to ensure a complete understanding of the allegation and gathering additional information will occur, information such as date and time of the incident, the persons involved, the names of witnesses and a complete description of what has occurred. 

Contacting the Respondent of the complaint against them and interviewing in order to obtain details of the allegations and giving the Respondent an opportunity to respond to those allegations and to provide any witnesses they may feel are pertinent to the investigation. 

Interviewing all persons who may have knowledge of the incident and document all identified witnesses;

Provide updates to the Complainant and the Respondent about the status of the investigation.

 

Following the investigation The Administrator will:

Review all the evidence collected

Determine whether a sexual violence has occurred, 

Determine what disciplinary action, if any, should be taken 

 

Interim Measures will be implemented:

 

If determined that a sexual violence has occurred, immediate disciplinary action will be taken:

Probation or Termination of Employment of instructors or staff 

A leave or expulsion of a student

The placement of certain restrictions on the Respondent’s ability to access certain premises or facilities and/or

Other actions that may be appropriate in the circumstances

 

Appeal:

Should the Complainant or the Respondent not agree with the decision resulting from the investigation, he/she may appeal the decision to Erika Maki in writing advising of the person’s intent to appeal the decision.

 

The sexual violence policy will prevail over the Expulsion policy should the two policies conflict.