SEXUAL VIOLENCE POLICY 

Purpose/Rationale:

VEGA Language Academy is committed to the elimination of sexual harassment and sexual violence throughout its diverse learning community. In addition, VEGA Language Academy is committed to supporting those who have been affected by sexual harassment and sexual violence.

All members of the Academy community have a right to study in an environment that is free from any form of sexual assault and sexual violence. This policy and related procedures set out the manner in which the Academy addresses sexual harassment and sexual violence. The Academy has a process of investigation that protects the rights of both the complainant and the respondent/s.

Policy:

All forms of sexual violence are unacceptable and will not be tolerated at VEGA Language Academy. VEGA Language Academy is committed to challenging and preventing sexual assault and sexual violence. The Academy is committed to creating a safe learning environment for everyone in the Academy community. This policy aims to encourage individuals who have been affected by or witnessed incidents of sexual assault and sexual violence to make a report to the Academy. All reported incidents of sexual assault and sexual violence will be investigated in a manner that ensures due process.

VEGA Language Academy recognizes that sexual harassment and sexual violence can occur between individuals regardless of sex, sexual orientation, gender, and gender identity or relationship status as defined in the Ontario Human Rights Code (Code) and the Ontario Occupational Health and Safety Act (OHSA). The Academy also recognizes that individuals who are affected by sexual assault and sexual violence may experience emotional, academic, employment and/or other difficulties.

Scope:

This policy applies to all members of the VEGA Language Academy community including: all teachers, students, staff, vendors, and visitors.

Whereas, anyone can be the target or perpetrator of sexual harassment and sexual violence, VEGA Language Academy recognizes that: 

• Women and girls, including Trans women and girls, indigenous women, racialized women, women with disabilities, young and senior women are much more likely to be the targets and survivors of sexual harassment and sexual violence; 
• The impact of sexual harassment and sexual violence is experienced differently by different survivors based on their identities and lived experiences; and, 
• Males are also targets and survivors of sexual violence.

Sexual violence: 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. Sexual violence is about power and control, not about sexual desire.

Sexual harassment: Sexual harassment is a form of sexual violence prohibited by the Ontario Human Rights Code. Sexual harassment is defined as a course of vexatious comment or conduct based on an individual’s sex and/or gender that is known or ought to be known as unwelcome. Under Ontario’s Occupational Health and Safety Act (OHSA), workplace harassment has been expanded to include sexual harassment.

VEGA Language Academy is committed to:

1.1 Assisting those who have been affected by sexual harassment and sexual violence by providing choices, including detailed information and support, such as provision of and/or referral to counselling and medical care, information about legal options, and appropriate academic and other accommodation;

1.2 Ensuring those who disclose that they have been sexually assaulted are treated with dignity and respect and are supported throughout the process of disclosure, investigation and institutional response;

1.3 Addressing harmful attitudes and behaviors that blame the person who has experienced and/or is affected by sexual harassment and sexual violence;

1.4 Treating individuals who disclose sexual harassment and sexual violence with compassion, recognizing that their sense of control over their physical and sexual integrity is compromised through no fault of their own;

1.5 Ensuring that on-campus internal investigation procedures are available in the case of sexual harassment and sexual violence;

1.6 Engaging in appropriate procedures for investigation and adjudication of a complaint that are in accordance with Academy policies, standards and applicable collective agreements to ensure fairness and due process;

1.7 Ensuring coordination and confidential communication among the various departments who are most likely to be involved in the response to sexual harassment and sexual violence on campus;

1.8 Engaging in education and prevention activities in the Academy community including on how to respond to the disclosure of sexual harassment and sexual violence;

1.9 Providing information to the Academy community about VEGA Language Academy’s sexual harassment and sexual violence policies and protocol;

1.10 Enabling the creation of a campus environment in which sexual harassment and sexual violence is not tolerated;

1.11 Monitoring and updating our policies and protocols to ensure that they remain effective and in line with other existing policies.

Disclosures and Incident Reporting of Sexual Harassment and Sexual Violence

2.1 Responses to disclosures of sexual harassment and sexual violence will be non-judgmental, supportive, empathetic and with unconditional regard and respect.

2.2 Individuals who have experienced or been affected by sexual harassment and sexual violence are encouraged to come forward to report as soon as they are able to do so and via the route they feel most comfortable with. Students can report incidents of sexual harassment and sexual violence to the Office of Student Services at the [email protected].

2.3 Members of the Academy community, including faculty, employees and contractors, have a duty of care to immediately report all incidents and suspected incidents of sexual harassment and sexual violence.

2.4 Students are strongly encouraged to report incidents of sexual harassment and sexual violence, but do not need to report such incidents to obtain support, services or accommodations from the Academy. The Academy takes seriously the failure to report and/or to take action when it affects the safety of people.

Complaint and Investigation Process 

3.1 Complaint Investigation

A complaint of sexual harassment and sexual violence can be filed under this policy by any member of the Academy. The Academy has established procedures related to investigating and making decisions about formal complaints. For further information regarding responsibilities for intake, investigation, and decision making regarding sexual harassment and sexual violence, refer to the following applicable procedure:

Student Sexual Harassment and Sexual Violence Procedure

Where a complaint of sexual assault or sexual violence has been reported to the Academy, the Academy will exercise care to protect and respect the rights of both the complainant and the respondent. Except as otherwise stated in this policy or the relevant procedure, the Academy provides those whose rights, privileges or interests may be affected by a decision with notice of the decision to be made, disclosure of facts relevant to the decision and an opportunity to be heard. The Academy may decide how it meets these obligations in different circumstances and will do so with a view to providing a fair process, making a sound decision and preserving the dignity of survivors. The Academy has the right to withhold disclosure early on in its process to obtain a person’s independent recollection of events.

A report of sexual harassment and sexual violence may also be referred to the police, or to other community resources at the complainant’s request, where the persons involved are not members of the Academy community or where otherwise appropriate.

3.2 Right to Withdraw a Complaint

A complainant has the right to withdraw a complaint at any stage of the process. The Academy understands that individuals who have experienced or been affected by sexual harassment and sexual violence may wish to control if and how their experience will be dealt with by the police and/or the Academy. In most circumstances, the person will retain this control. A person who has experienced sexual harassment and sexual violence may choose not to request an investigation and has the right not to participate in any investigation that may occur. However, if the Academy believes that the safety of other members of the Academy community is at risk, the Academy may be required to initiate or continue an internal investigation and/or inform the police of the need for a criminal investigation, even when the survivor has exercised their right to withdraw a complaint. The confidentiality and anonymity of the person(s) affected will be prioritized in these circumstances.

3.3 Protection from Reprisals, Retaliation or Threats

It is contrary to this policy for anyone to retaliate, engage in reprisals or threaten to retaliate against a complainant or other individual(s) for:

• having pursued rights under this policy, the Ontario Human Rights Code, the Occupational Health and Safety Act, and/or under the Criminal Code of Canada; 
• having participated or cooperated in an investigation under this policy or the Ontario Human Rights Code, and/or the Occupational Health and Safety Act; and/or, 
• having been associated with someone who has pursued rights under this policy, the Ontario Human Rights Code, and/or the Occupational Health and Safety Act.

Confidentiality

Confidentiality is important to those who have disclosed incidents of sexual harassment and sexual violence. The confidentiality of all persons involved in a report of sexual harassment and sexual violence will be strictly observed, and the Academy will restrict routine access to information to individuals with a need for such access and will respect the confidentiality of all persons, including the complainant, respondent, and witnesses.

Outcomes

The Academy will determine what happened and whether it constitutes sexual harassment and sexual violence based on its investigation and hearing as appropriate. If the Academy finds there has been misconduct, it will determine the appropriate penalty. Students may face discipline, up to and including expulsion. The Academy will inform the complainant and respondent of the results of its investigation as per the applicable procedure.

STUDENT CODE OF CONDUCT

Academic Honesty

Academic honesty is of the upmost importance at VEGA Language Academy. The Academy is committed to providing top quality language instruction. This quality can only be upheld through integrity in partnership with all parties: the institute, the teachers and the students. Quality and integrity must be shared and accepted in order to uphold these very principles. Thus, academic honesty requires cooperation. It is not only an expectation, but a requirement of the Academy, that all students at VEGA Language Academy will conduct themselves in highest regard academically.

Definition of Academic Honesty

• The integrity of an individual or group to use their own ideas, thoughts, tests, projects and presentations. It is an academic practice that VEGA Language Academy highly regards, practices and strives to instill in the students throughout their instruction.

Definition of Malpractice

• Any action of an individual or group that leads to the disadvantage, inequality or unfair treatment of another student or another group of students. Includes, but is not limited to:

Plagiarism:

Plagiarism is the act of using another person’s work—whether it is written, spoken, or a graphical image—and not accrediting the rightful author of the work. Many international students are not aware this is considered similar to the act of stealing. This includes using just one un-cited sentence from a book, publication notes, undisclosed Internet sources, a friend, or having someone independently correct one’s punctuation, spelling, or sentence fragments. A mark of zero is automatic for cases in which plagiarism is proven.

This is particularly important in our academic programs: for example, our ESL program includes a writing class in which a minimum of three pieces of writing are expected. The proper publishing guidelines will be taught and/or reviewed before the research essay due dates.

Cheating:

All forms of dishonest gain during any formal or informal examination or assessment, or in other academic settings, will be considered cheating. Activities of cheating include but are not limited to bringing of unauthorized items into examinations, copying from others during examinations, falsifying official institute documents, or impersonating another or having another impersonate you during examinations. All forms of cheating will be punished with an automatic mark of zero.

Procedure for Processing Incidents against Academic Honesty

In the event an individual is suspected of malpractice against the Academic Honesty policy, a staff member or teacher will be assigned to investigate the situation. The following evidence must be collected in order to open an investigation:

• A statement must be collected and recorded from the individual that raised awareness of the incident or posed the complaint.
• The item which is suspected of being used or is in question of malpractice should be collected.

The staff or teacher tasked with the investigation process is to conduct an interview with the individual suspected of malpractice.

Based on this interview, the staff or teacher is to make a decision and if needed, the appropriate penalty. All assignments, projects, examinations, and assessments determined to be in malpractice will automatically receive a mark of zero.

Code of Behaviour

Everyone shares responsibility for ensuring the success of VEGA Language Academy Code of Behaviour. The general expectations are outlined below:

Students

• Treat everyone with courtesy, respect, and dignity.
• Learn the rules.
• Accept and follow the rules and regulations of the school.
• Complete assigned work.
• Act in a safe manner.
• Accept responsibility for their actions.
• Use acceptable strategies to resolve conflict. If necessary, students will be taught appropriate alternatives to resolving conflict.
• Promptly respond to the instructions of supervising staff.

Staff

• Treat everyone with courtesy, respect, and dignity.
• Ensure that students are aware of the policies and expectations of VEGA Language Academy.
• Design strategies that focus on and acknowledge positive behaviors.
• Ensure that they address inappropriate behaviors.
• Maintain consistent approaches and expectations to behaviour.
• Teach students alternatives to negative behaviours.

Process for Dealing with Inappropriate Behaviour

Staff will be responsible for identifying and addressing inappropriate behaviour in a conflict situation.

• Staff will intervene and issue instructions designed to terminate the conflict.
• Students are responsible for responding immediately to those instructions.
• Staff will determine a time and location to provide an opportunity for appropriate resolution of the conflict.

Cancellation and Refund Policy

1) If VEGA Language Academy (VLA) receives tuition from the student, or a person on behalf of the student, VLA will refund the student, or the person who paid on behalf of the student, VLA refund the fees that was paid in relation to the program in which the student is enrolled if:

(a) VLA receives a notice of withdrawal from the student no later than seven days after the effective contract date and before the contract start date; or

(b) the student, or the student’s parent or legal guardian, signs the student enrolment contract seven days or less before the contract start date and VLA receives a notice of withdrawal from the student between the date the student, or the student’s parent or legal guardian, signed the student enrolment contract and the contract start date.

2) VLA will refund the tuition for the program and all related fees paid by the student or a person on behalf of the student enrolled in the program if the student is enrolled in the program without having met the admission requirements and did not misrepresent his or her knowledge or skills when applying for admission.

3) The refund to which a student is entitled is calculated on the total tuition fees due under the contract. Where total tuition fees have not yet been collected, VLA is not responsible for refunding more than has been collected to date and a student may be required to make up for monies due under the contract.

4) If an international student misuses or misrepresents himself/herself to VLA.

5) If VLA receives a notice of withdrawal from a student:

(a) more than seven days after the effective contract date and

1. at least 30 days before the contract start date, VLA may retain up to 10% of the tuition due under the student enrolment contract, to a maximum of $1,000.
2. less than 30 days before the contract start date, VLA may retain up to 20% of the tuition due under the student enrolment contract, to a maximum of $1,200.

(b) after the contract start date

1. and up to and including the date on which 10% of the hours of instruction have been provided, VLA may retain up to 30% of the unused tuition due under the student enrolment contract.
2. and after the date on which more than 10% but before the date on which 30% of the hours of instruction have been provided, VLA may retain up to 50% of the unused tuition due under the student enrolment contract.

iii. If a student withdraws or is dismissed after 30% of the period of instruction specified in the contract has elapsed, no refund is required.

(c) A withdrawal letter shall be provided to VLA along with the supporting documents, which includes and not limited to the letter of acceptance of another institution, proof of purchased return ticket to the home country, or medical note.

6) VLA will not refund the following fees paid in relation to the program in which the student is enrolled:

(a) administrative fees,

(b) application/registration fee,

(c) assessment fees,

(d) fees charged for textbooks or other course materials, including equipment and uniforms, and any other fees prescribed by the Private Training Act.

6.1. Fees charged for course materials paid for but not received will be refunded by VLA if the student provides a notice of withdrawal to VLA or VLA provides a notice of dismissal to the student.

7) Refunds owed to students must be paid within 30 days of VLA receiving written notification of withdrawal and all required supporting documentation, or within 30 days of an institution’s written notice of dismissal.

8) If an international student delivers a copy of a refusal of a study permit to VLA sections 1(a), 1(b), 5, 6, and 7 of this policy apply as if the copy of the refusal was a notice of withdrawal, unless

(a) the international student requests an additional letter of acceptance for the same program that was the subject of the refusal of a study permit.

9) Where a student of VLA is entitled to a refund under this policy but has paid a reseller of VLA directly, the student must exhaust all recourse with the reseller in order to receive same, prior to seeking the refund from VLA directly. VLA will make best efforts to cooperate in order to fulfil its obligations under this refund policy.