SEXUAL MISCONDUCT POLICY
SCHEDULE 2
ONTARIO CAREER COLLEGES ACT, 2005
We at MLC College of Business Technology and Healthcare under The Ontario Career Colleges Act, 2005 have amended by adding the following section:
Sexual misconduct by employees32.0.1 (1) In this section,
"sexual misconduct" means, in relation to a student enrolled at MLC College of Business Technology and Healthcare,
(a) physical sexual relations with the student, touching of a sexual nature of the student or behaviour or remarks of a sexual nature toward the student by an employee of the MLC College of Business Technology and Healthcare where,
(i) the act constitutes an offence under the Criminal Code (Canada),
(ii) the act infringes the right of the student under clause 7 (3) (a) of the Human Rights Code to be free from a sexual solicitation or advance, or
(iii) the act constitutes sexual misconduct as defined in the MLC College of Business Technology and Healthcare’s employee sexual misconduct policy or contravenes the policy or any other policy, rule or other requirement of the MLC College of Business Technology and Healthcare respecting sexual relations between employees and students, or
(b) any conduct by an employee of MLC College of Business Technology and Healthcare that infringes the right of the student under clause 7 (3) (b) of the Human Rights Code to be free from a reprisal or threat of reprisal for the rejection of a sexual solicitation or advance. (“inconduite sexuelle”)
(2) If an employee of a MLC College of Business Technology and Healthcare commits an act of sexual misconduct toward a student enrolled at MLC College of Business Technology and Healthcare, MLC College of Business Technology and Healthcare may discharge or discipline the employee for that act, and
(a) the discharge or disciplinary measure is deemed to be for just cause for all purposes;
(b) the employee is not entitled to notice of termination or termination pay or any other compensation or restitution as a result of the discharge or disciplinary measure; and
(c) despite subsection 48 (17) of the Labour Relations Act, 1995, and despite any provision of a collective agreement or employment contract specifying a penalty for the infraction, no arbitrator, arbitration board or other adjudicator shall substitute any other penalty for the discharge or disciplinary measure imposed by MLC College of Business Technology and Healthcare.
(3) If an employee of MLC College of Business Technology and Healthcare commits an act of sexual misconduct toward a student enrolled at MLC College of Business Technology and Healthcare and MLC College of Business Technology and Healthcare discharges the employee for that act or the employee resigns from their employment, MLC College of Business Technology and Healthcare will not subsequently re-employ the employee.
Same(4) If MLC College of Business Technology and Healthcare determines that it has re-employed an individual contrary to subsection (3 MLC College of Business Technology and Healthcare will discharge the employee, and clauses (2) (a) to (c) shall apply to the discharge.
Agreement(5) Subject to subsection (6), an agreement between MLC College of Business Technology and Healthcare and any person, including a collective agreement or an agreement settling existing or contemplated litigation, that is entered into on or after the day section 1 of Schedule 2 to the Strengthening Post-secondary Institutions and Students Act, 2022 comes into force, shall not contain any term that, directly or indirectly, prohibits MLC College of Business Technology and Healthcare or any person related to MLC College of Business Technology and Healthcare from disclosing that an allegation or complaint has been made that an employee of MLC College of Business Technology and Healthcare committed an act of sexual misconduct toward a student of the MLC College of Business Technology and Healthcare, and any such term that is included in an agreement is void.
Exception(6) MLC College of Business Technology and Healthcare may enter into an agreement that contains a term described in subsection (5) if the student requests that MLC College of Business Technology and Healthcare do so, provided that,
(a) the student has had a reasonable opportunity to receive independent legal advice;
(b) there have been no undue attempts to influence the student with respect to the request;
(c) the agreement includes an opportunity for the student to decide to waive their own confidentiality in the future and the process for doing so; and
(d) the agreement is of a set and limited duration.
(7) Subsections (2) to (6) apply despite any contrary term in an employment contract or collective agreement, or any contrary rule or principle of common law or equity.
Employee sexual misconduct policy(8) It is a condition of every registration that MLC College of Business Technology and Healthcare have an employee sexual misconduct policy that includes, at a minimum,
(a) MLC College of Business Technology and Healthcare rules with respect to sexual behaviour that involves employees and students enrolled at MLC College of Business Technology and Healthcare; and
(b) examples of disciplinary measures that may be imposed on employees who contravene the policy.
(9) The employee sexual misconduct policy referred to in subsection (8) may specify acts that constitute sexual misconduct for the purposes of the definition of “sexual misconduct”.
Same(10) The employee sexual misconduct policy referred to in subsection (8) may be included as part of another policy, including as part of the sexual violence policy required under subsection 32.1 (2).
2 Clause 32.1 (2) (a) of the Act is repealed and the following substituted:
(a) subject to subsection 32.0.1 (9), specifically and solely addresses sexual violence involving students enrolled at MLC College of Business Technology and Healthcare;
3 This Schedule comes into force on the later of July 1, 2023 and the day the Strengthening Post-secondary Institutions and Students Act, 2022 receives Royal Assent.