Policies

Purpose

This policy shall provide a process for identifying and dealing with sexual harassment, discrimination, and violence within Professional Transport Driver Training School. Professional Transport Driver Training School has adopted a zero-tolerance policy and any person(s) found to have sexually harassed, discriminated, or displayed any form of violence shall face disciplinary action, up to and including dismissal from the program.

Scope

This policy shall apply to all students, instructors, and administrators and shall be readily available. Policy shall be part of the orientation package to students, posted on Professional Transport Driver Training School’s website, and posted in the classroom. This policy shall also be emailed to each student. Every effort will be made to ensure that the policy will be available or translated to students who may have disabilities and/or language barriers.

Legislation

The Private Vocational Institutions Act

13.1(1) In accordance with this section, a registrant must adopt and implement a policy that:

a) raises awareness of sexual violence, including sexual violence through the use of social media or other forms of digital communication;

b) addresses issues related to consent in respect to persons engaging in sexual activities;

c) includes provisions respecting the prevention and reporting of incidents of sexual violence;

d) addresses training on the issues of sexual violence; and

e) establishes complaint procedures and response protocols for incidents of sexual violence.

Workplace Safety and Health – Regulation 217/2006 Part 10

10.1(1) an employer must:

a) develop and implement a written policy to prevent harassment in the workplace; and

b) ensure that workers comply with the harassment prevention policy

Workplace Safety and Health – Regulation 217/2006 Part 11

11.1(2) when a risk of violence in the workplace is identified, an employer must:

a) develop and implement a violence prevention policy in consultation with the workplace safety and health committee

b) train employees on the violence prevention procedure

c) ensure that employees comply with the violence prevention procedure

Definitions

Abusive Conduct: includes any violent or threatening physical or verbal outburst or abuse, sarcastic or derogatory comments or actions which undermine, demean, belittle, or humiliate an individual or his/her ability or intelligence, yelling, screaming, swearing, or similar behavior aimed at or having the effect of bullying, intimidating, frightening, coercing, or offending those at which it is directed.

Complainant: an individual or individuals bringing forward a complaint

Consent: means the voluntary agreement of the person(s) to engage in the sexual activity in question. Without limiting the foregoing, no consent is obtained where:

a) The person submits or does not resist by reason of the application of force to the person or to someone other than the person;

b) The person submits or does not resist by reason of threats or fear of the application of force to the person or to someone other than the person;

c) The person submits or does not resist by reason of fraud or blackmail;

d) The person submits or does not resist by reason of the exercise of authority;

e) The agreement is expressed by the words or conduct of someone other than the person;

f) The person is incapable of consenting to the activity due to age, consumption of drugs or alcohol, or due to some other mental or physical incapacity;

g) The accused induces the person to engage in the activity by abusing a position of trust, power or authority;

h) The person expresses by words or conduct, a lack of agreement to engage in the activity; or

i) The person, having consented to engage in sexual activity, expresses, by words or conduct, a lack of agreement to continue to engage in the activity.

Harassment: means any objectionable conduct, comment or display, directed at a person, made on the basis of race, creed, religion, color, sex, sexual orientation, marital status, family status, disability, physical size, or weight, age, nationality, ancestry or place of origin and creates a risk to the health of the person. In addition, harassment is any behavior that degrades, demeans, humiliates, or embarrasses a person and that a reasonable person should have known would be unwelcomed. It also includes severe conduct that adversely affects a person's physiological or physical well-being. Sexual harassment can include but is not limited to unwelcome physical contact including patting, pinching, stroking, kissing, hugging, fondling or inappropriate touching, physical violence including sexual assault, sexual comments, stories or/and jokes, sexual advances, repeated and unwanted social invitations for dates or physical intimacy, sending sexually explicit messages by phone, text, email, or social media or/and display of sexually explicit or suggestive material.

The normal exercise of instruction and management responsibilities including coaching, performance reviews, work evaluation and disciplinary action do not constitute harassment.

Offender: Person who commits an act of abusive conduct, harassment, or violence including sexual.

Strike: a weapon coming in contact with a target – arms, fists, feet, knife (cutlery), gun, pens, screwdrivers, etc.

Violence: is an act or continuum of behaviors that jeopardizes one’s physical and psychological well-being. It is a threat or perceived threat to one’s life and/or risk to one’s safety, health, or integrity. It is an act of verbal, psychological, sexual, and/or physical abuse.

Violence includes but is not limited to:

• Physical acts
• Sexual assault
• Any threat, behavior, or action which is interpreted to carry the potential to harm or endanger the safety of others
• Result in an act of aggression
• Destruction or damage to property, theft, vandalism
• Disruptive behavior that is not appropriate to the work environment
• Oral or written statements, swearing, rumors
• Harassing email messages
• Harassing telephone calls
• Gestures and expressions or behaviors such as stalking, pranks
• Bomb threats
• Suspicious mail or packages

Responsibilities

Instructors (including administration)

a) Instructors shall ensure as reasonably practicable, that no student or employee be subject to harassment or violence including sexual.

b) Provide adequate training, direction, and instructions to students on this policy and what constitutes sexual harassment/violence. If required, shall take additional training to be able to provide the appropriate training to students. Professional Transport Driver Training School shall make this readily available to their instructors.

c) Conduct risk assessments.

d) Shall receive all complaints of sexual harassment/violence, threats, acts of violence or discrimination and respond promptly in conducting the investigation and implementing corrective action.

e) Take all reasonable and practical measures to protect student(s), acting in good faith, who report sexual violence or act as a witness, from reprisal or further sexual violence.

f) Cannot discourage or discipline student(s) from exercising their right to further pursue their complaint/concern under the Criminal Code of Canada or Manitoba Human Rights Commission.

g) Shall ensure that all student(s) or employees involved or may be involved in harassment, discrimination, threat of sexual violence, or act of sexual violence are properly and promptly informed.

h) Shall ensure that complaints of sexual violence, violence, or harassment remain confidential to protect the privacy of all individuals.

Students

a) Shall maintain a safe and respectful work environment for themselves and others.

b) Shall not engage in or ignore threatening, intimidating, or other disruptive behaviors.

c) Report immediately any incident the student(s) is subjected to, witnesses, or has knowledge of sexual harassment, violence, or has reason to believe that sexual harassment or violence may occur.

d) One student per training session shall volunteer or be appointed to participate in the committee. Part of their responsibilities will be to review this policy. The student may be asked to receive concerns, and complaints from fellow students. The student shall be chosen at the beginning of each training session.

Consent – Sexual

Consent is central to sexual assault. For consent, an individual must actively and willingly give consent to sexual activity – sexual activity without consent is sexual assault. People do not fully understand consent and feel that the line between consensual sexual acts and sexual assault can be unclear, which is particularly true when an acquaintance, friend, or partner is the offender.

Consenting to one time or an instance of sexual activity does not mean that consent is given to any other sexual activity or instance. No one consents to being sexually assaulted.

Where consent does not exist (lack of agreement) a person can express a lack of agreement verbally or through conduct (such as physically resisting advances). A person can, after initially giving consent to engage in sex; revoke consent at any time by expressing a lack of agreement to continue engaging in sexual activity.

Consent

• Is never assumed or implied
• Is not silence or the absence of “no”
• Cannot be given if the victim is impaired by alcohol or drugs or is unconscious
• Can never be obtained through threats or coercion
• Can be revoked at any time
• Cannot be obtained if the offender abuses a position of trust, power, or authority

Prevention

Professional Transport Driver Training School shall take every reasonable step to prevent sexual violence from occurring.

• Each student on the first day of school shall be given an orientation which will include the review of this policy. It shall include how sexual violence can be perpetrated through social media and digital media. Mid-point during the course and prior to practical training, the instructor will discuss the prevention of sexual violence
• Instructors will ensure that students receive the expectations of Professional Transport Driver Training School management. They shall establish a sexual violence prevention committee that is representative of the full scope of the policy.
• A victim may choose to confide in anyone about an act of sexual violence so therefore all students shall receive basic information regarding how to provide a compassionate and reassuring response within one week of starting the program
• Committee members shall be trained on how to respond to complaints/disclosures in an understanding manner and what their specific roles are. As well, what their specific roles and responsibilities are (different positions will get different training). This training will be conducted upon the formation of the committee and will be done one time during a training session
• A committee will be established and shall consist of an Instructor, Administrator, and Student. At least one person shall be a female. They shall meet at a minimum once per training session.
• The committee should consider the most vulnerable populations at Professional Transport Driver Training School and ensure that this policy is sensitive to their needs (Indigenous women, newcomer women, and women from ethno-cultural communities, individuals within the LGBT2SQ+ community, and international students).
• Committee members shall treat all reports of sexual violence with respect and sensitivity. Supportive reports shall be:
• Conducted without judgment and accepting the disclosure as true
• Communicate that sexual violence is never the responsibility of the victim
• Help the survivor identify and/or access services including emergency medical care
• Respect the survivor’s right to choose the services they feel are most appropriate and to decide whether to contact police
• Recognize that disclosing can be traumatic and a survivor’s ability to recall the events may be limited
• Respect the survivor’s choices as to what and how they disclose about their experience
• Make every effort to respect confidentiality and anonymity

It is important to recognize that the committee or person receiving the complaint could be beyond their comfort level or expertise. It is important to be supportive while also referring survivors to the right person who can provide help.

Procedure

It is vital that individuals coming forward with a complaint or disclosure know they are in control of the process and are not compelled or restricted from pursuing the issue through law enforcement at any time. The following procedures (below) for complaints or disclosures are available and a victim can choose any option or combination at any point in time.

Step 1

a) A student who believes that they are being subjected to abusive conduct, harassment, or violence must tell the offender that the behavior is not welcome or appropriate and to stop.

b) The student resolves the situation. No report.

Step 2 – Reporting

a) If the student is unable to deal with the offender or is not comfortable, or the abusive conduct, harassment, or violence including sexual violence does not stop, they must speak with their Instructor or Student Committee Member.

b) The victim/survivor may choose to make a police statement which would generally be followed by a criminal investigation. Victims/survivors can call the police or go to the nearest police station.

c) Professional Transport Driver Training School can and will provide support for individuals who decide to file a police report.

d) Should medical assistance be required, or the victim/survivor attends a hospital or medical center for medical attention regarding a possible injury, pregnancy, and/or sexually transmitted infections, forensic examinations to collect any forensic samples can be performed while the victim/survivor decides whether or not to report to police.

e) Reports of abusive conduct, harassment, violence, or sexual violence may be brought forward through third parties who have knowledge or have witnessed the incident (i.e.: Instructor, fellow student).

f) The report shall provide:

i. Information about the victim

ii. Information about the alleged offender

iii. Details about the incident

iv. Other relevant information (possible contributing factors, relevant events which preceded the incident, suggested preventative or remedial actions).

Step 3 – Confirmation and Verification of Complaint

a) The specifics and particulars of the complaint will be verified in consultation with the committee and the individual(s) raising the allegation.

Step 4 – Investigation

a) An investigation will be conducted to determine the facts and circumstances surrounding the complaint. This could include but is not limited to interviews, collection and review of any documentation or other items that may have evidentiary value.

Step 5 – Analysis, Recommendations and Closure

a) Once all appropriate facts and evidence have been gathered, a detailed and thorough analysis and evaluation will be conducted to determine the merit and circumstances relating to the complaint.

b) When the analysis is completed, a report will be generated. The report will include findings and recommendations to ensure the matter is appropriately addressed.

c) Professional Transport Driver Training School will determine what actions are to be taken to adequately address any findings. Once the corrective actions are taken the student(s) or employee(s) will be advised of the closure of the matter. If required, Professional Transport Driver Training School shall report the findings to the authorities including but not limited to: the police (Winnipeg Police Service, Brandon Police Service, or the Royal Canadian Mounted Police), government agencies, medical professionals (Health Sciences Centre at (204) 787-3167), and/or support services (Klinic Sexual Assault Crisis Program).

Reprisals

This procedure prohibits reprisal against individuals, acting in good faith, who report incidents of abusive conduct, sexual harassment, violence including sexual violence, or act as witnesses. Administration will take all reasonable and practical measures to prevent reprisals, threats, or further violence. Reprisal is defined as any act of retaliation, either direct or indirect such as through social media.

Consequences

a) Abusive conduct, harassment, or violence including sexual violence is a serious offence. Any individual(s) found to have perpetrated an act of violence or harassment may be subjected to disciplinary action up to and including dismissal (employees) or expulsion (students).

b) Student(s) or employee(s) who are interviewed as part of any investigation conducted shall treat all information discussed or disclosed in a confidential manner. Any student(s) or employee(s) who breach this confidentiality may be subjected to disciplinary action.

c) Student(s) or employee(s) who harass another person(s) may be subjected to one or more of the following, depending on the severity:

i. Written reprimand

ii. Suspension

iii. Dismissal/Expulsion

d) If the investigation does not find evidence to support the complaint, there will be no documentation in the files. The investigation report will remain within Administration.

Reporting

The activities of this policy and the results of those activities shall be included on our website which shall include but are not limited to:

• Raise awareness and contribute to the prevention of sexual violence.
• Track and report on the results of activities being undertaken such as how many instructors/students have attended information sessions or attended further training.

Procedure Review

This procedure shall be reviewed every four (4) years, or earlier as required. In the event of a complaint, once the investigation has been completed, Professional Transport Driver Training School shall review this policy.