Sexual Misconduct Policy

1. Sexual Misconduct Policy

Cloud Nine College does not tolerate any form of sexual misconduct and is committed to providing its students with an educational environment free from sexual misconduct and strives to prevent it and respond effectively and in a timely manner when incidents do occur.

Cloud Nine College has implemented a Sexual Misconduct Policy, which defines sexual misconduct and outlines the College’s approach to training, reporting, investigative and disciplinary responses to complaints made by students concerning incidents that occur on campus and involve students.

The individual accused of engaging in sexual Misconduct will be referred to as the “Respondent” and the individual making the allegation as the “Complainant”.

2. Definition of Sexual Misconduct

Sexual misconduct refers to a spectrum of non-consensual sexual contact and behaviour including the following:

• sexual assault

• sexual exploitation

• sexual harassment

• stalking

• indecent exposure

• voyeurism

• The distribution of a sexually explicit photograph or video of a person to one or more individuals, without the consent of the person depicted and with the intent to cause distress

• the attempt to commit an act of sexual misconduct

• the threat to commit an act of sexual misconduct

3. Training, Scope and Application

Cloud Nine College shall include a copy of the Sexual Misconduct Policy in every contract made between College and its students. Additionally, the College will provide a copy of the Sexual Misconduct. Policy to College management, instructors, staff, other employees and contractors, and ensure they are trained on the policy and its processes of reporting, investigating, and responding to complaints of sexual misconduct involving its students.

The Sexual Misconduct Policy will be published on its website and posted at the College campus.

All College management, instructors, staff, other employees and contractors of Cloud Nine College are required to report incidents or complaints of sexual misconduct to the College Administration and College President upon becoming aware of them.

Students who have been affected by sexual misconduct, or those needing information about support services, should contact the College administration officer.

A Complaint of sexual misconduct is different than a Report of sexual misconduct. A person may choose to disclose or make a complaint of sexual misconduct without making a formal report.  A Report is a formal notification of an incident of sexual misconduct to someone at the institution, accompanied by a request for action.

A student making a Complaint will be provided with resolution options and, if appropriate, will not be required or pressured to make a formal Report.

4. The process for making a Complaint about sexual misconduct involving a student is as follows:

Any student of Cloud Nine College may file a Complaint of an incident via email to the College administration at admin@cncvan.com or alternatively to the Operation Manager/Academic Director – at operation@cncvan.com.

5. The process for making a Report of sexual misconduct involving a student is as follows:

Any student of Cloud Nine College may file a Report of sexual misconduct or an incident via email to the College administration at admin@cncvan.com or alternatively to the Operation Manager/Academic Director – at operation@cncvan.com and/or the College President – Zarah de Vera at zarah@cncvan.com.

6. Responding to a Complaint and Report of Sexual Misconduct:

The process for responding to a Complaint or Report of sexual misconduct involving a student is as follows:

The institution will acknowledge receipt of the Complaint and Report within three school days and will:

(i) Determine whether an investigation should proceed and if the Complainant wishes to participate in the investigation;

(ii) Determine who should conduct the investigation having regard to the seriousness of the allegation and the parties involved;

(iii) Determine whether the incident should be referred immediately to the police.

• In such cases, or where civil proceedings are commenced in respect of allegations of sexual Misconduct, Cloud Nine College may conduct its own independent investigation and make its own determination in accordance with its own policies and procedures.

(iv) Determine what interim measures ought to be put in place pending the investigation process such as removal of the Respondent or seeking alternate methods of providing necessary course studies.

7. Investigating Reports of Sexual Misconduct

• The Complainant and the Respondent will be advised that they may ask another person to be present throughout the investigation;
• The Complainant will be interviewed to ensure a complete understanding of the allegation and to gather additional information that may not have been included in the written complaint, such as the date and time of the incident, the persons involved, the names of any person who witnessed the incident and a complete description of what occurred;
• The Respondent will be interviewed and informed of the complaint, provided details of the allegations and provided an opportunity to respond to the allegations, including providing any witnesses the Respondent feels are essential to the investigation;
• Any person involved or who has, or may have, knowledge of the incident and any identified witnesses will be interviewed;
• Reasonable updates to the Complainant and the Respondent about the status of the investigation will be provided; and
• Following the investigation, the Operation Manager and the President will:
  • Review all of the evidence collected during the investigation;
  • Determine whether sexual Misconduct occurred; and if so
  • Determine what disciplinary action, if any, should be taken as set out in Section 8 below.

8. Disciplinary Measures

If it is determined by Cloud Nine College that the Respondent did engage in sexual misconduct, immediate disciplinary or corrective action will be taken. This may include:

• Disciplinary action up to and including termination of employment of instructors or staff.
• Expulsion of a student.
• Imposing restrictions on the Respondent’s access to certain premises or facilities.
• Any other actions deemed appropriate given the circumstances.
  

9. Appeal

If the Complainant or the Respondent not agree with the decision resulting from the investigation, they may appeal the decision by submitting a letter within three School days, indicating their intent to appeal. Any processes undertaken under this policy will be guided by the principles of administrative fairness, ensuring that all parties involved are treated with dignity and respect.

10. Making False Statements

It is a violation of this Sexual Misconduct Policy for anyone to knowingly make a false complaint of sexual Misconduct or to provide false information regarding a complaint.

Individuals who violate this Sexual Misconduct Policy are subject to disciplinary and/or corrective action, up to and including termination of employment for instructors or staff, or expulsion for students.

11. Retaliation

Cloud Nine College will not tolerate any retaliation, directly or indirectly, nor threats of retaliation against anyone who Discloses, Reports, or participates in a process that responds to a Report.

Individuals who violate the Sexual Misconduct Policy are subject to disciplinary and/or corrective action, up to and including termination of employment of instructors or staff or expulsion of a student.

12. Confidentiality and Information Sharing

All information related to a Sexual Misconduct Complaint or Report is confidential and will not be shared without the written consent of the parties, subject to the following exceptions:

• If an individual is at imminent risk of severe or life-threatening self-harm.
• If an individual is at imminent risk of harming another.
• There are reasonable grounds to believe that others in the institutional community may be at significant risk of harm based on the information provided.
• Where reporting is required by law.
• Where it is necessary to ensure procedural fairness in an investigation or other response to a Complaint or Report. 

13. Review

Cloud Nine College shall review its Sexual Misconduct Policy 3 years after it is first  implemented and amend it where appropriate. This date is September 1^st, 2021.

This institution is certified by the Private Training Institutions Branch (PTIB). Certified institutions must comply with regulatory requirements, including the requirement to have a Sexual Misconduct policy. For more information about PTIB, go to www.privatetraininginstitutions.gov.bc.ca.