Rights, Responsibilities & Supports During the SVP Complaint Resolution Process

• TMU students involved in a complaint resolution process have a right to support. You will be directed to the appropriate supports by Human Rights Services and/or Consent Comes First, the Office of Sexual Violence Support and Education. 
• Students who disclose/report sexual violence have support provided by Consent Comes First, the Office of Sexual Violence Support and Education. You can reach the office at osvse@torontomu.ca or 416-979-5000 ext. 3596.
• Students who have had allegations made against them (Respondents) have support coordinated by Student Care. You can reach them at studentcare@torontomu.ca or 416-979-5000 ext. 2741.
• All students can access support from the Centre for Student Development and Counselling. Their office is on the lower ground floor of Jorgenson Hall (JOR-07C) or you can call 416-979-5195.

• Toronto Metropolitan University is committed to ensuring an environment and culture of confidentiality where people feel safe to report and seek support for their concerns. 
• Complainants, Respondents and witnesses are expected to keep the details of any case confidential, outside of their circle of support, in order to ensure the integrity of the investigation and decision-making process.

Limits of confidentiality

However, there are limits or exceptions to confidentiality. Confidentiality cannot be maintained when:

• An individual is at risk of life-threatening self-harm.
• An individual is at risk of harming others.
• There is risk to the safety of the university and/or broader community.
• Disclosure is required by law:
  • for instance, under the Child and Family Services Act, reporting is legally required if an incident involves a child 16 or under;
  • to comply with the Occupational Health and Safety Act or Ontario Human Rights Code; 
  • evidence of the disclosed incident of sexual violence is available in the public realm (e.g. video shared publicly on social media, etc.). In these instances, the university may investigate an incident even though the survivor has chosen not to file a report or complaint; and/or
• Where it is necessary to  implement the complaint resolution process or  interim measures during the investigation and decision-making process. 

These above circumstances represent exceptions, not the rule, and are necessary to ensure the university is meeting its legal obligations under Bill 132.

Every member of the TMU community has a right to claim and enforce their rights under Sexual Violence Policy, to provide evidence, and to participate in a complaint resolution process under the Sexual Violence Policy without reprisal or threat of reprisal. 

All Complainants and Respondents will be informed of the university’s position regarding the seriousness of any allegations of reprisal against complainants, witnesses or others involved and what constitutes reprisal. Any claims of reprisal will also be investigated and responded to.

If someone discloses sexual violence to you, it’s okay not to have all of the answers. You don’t need to be an expert to support them. 

Rather, try to remember to use the BRAVE model that was established by Consent Comes First, the Office of Sexual Violence Support and Education:

• Begin by listening.
• Respect privacy.
• Ask what support looks like to them. 
• Validate.
• Empathize.

Toronto Metropolitan University is committed to combating sexual violence. Individuals are strongly encouraged, and in certain cases mandated (where there is a reporting relationship), to report incidents of sexual harassment or sexual violence they have become aware of so the university can take the appropriate steps to address the issue. You have two options for disclosing or reporting sexual violence:

• For disclosing: Consent Comes First, the Office of Sexual Violence Support and Education provides support. Contact Consent Comes First to inform them of what you have learned. Consent Comes First will always refer staff to Human Rights Services if they would like to make a complaint or better understand their options around investigations and alternative dispute resolution.
• For reporting: Human Rights Services is available to meet with you to discuss a report under the Sexual Violence Policy.

• Staff have access to support through Human Resources.
• Complainants can receive support from Consent Comes First, the Office of Sexual Violence Support and Education.

Unionized staff have a right to union representation.

• Toronto Metropolitan University is committed to ensuring an environment and culture of confidentiality where people feel safe to report and seek support for their concerns. 
• Complainants, Respondents and witnesses are expected to keep the details of any case confidential, outside of their circle of support, in order to ensure the integrity of the investigation and decision-making process.

Limits of confidentiality

However, there are limits or exceptions to confidentiality. Confidentiality cannot be maintained when:

• An individual is at risk of life-threatening self-harm.
• An individual is at risk of harming others.
• There is risk to the safety of the university and/or broader community.
• Disclosure is required by law:
  • for instance, under the Child and Family Services Act, reporting is legally required if an incident involves a child 16 or under;
  • to comply with the Occupational Health and Safety Act or the Ontario Human Rights Code; and/or
  • evidence of the disclosed incident of sexual violence is available in the public realm (e.g. video shared publicly on social media, etc.). In these instances, the university may investigate an incident even though the survivor has chosen not to file a report or complaint, and/or
• Where it is necessary to implement the complaint resolution process or interim measures during the investigation and decision-making process. 

These above circumstances represent exceptions, not the rule, and are necessary to ensure the university is meeting its legal obligations under Bill 132.

Every member of the TMU community has a right to claim and enforce their rights under Sexual Violence Policy, to provide evidence, and to participate in  a complaint resolution process under the Sexual Violence Policy without reprisal or threat of reprisal. 

All Complainants and Respondents will be informed of the university’s position regarding the seriousness of any allegations of reprisal against complainants, witnesses or others involved and what constitutes reprisal. Any claims of reprisal will also be investigated and responded to.

If someone discloses sexual violence to you, it’s okay not to have all of the answers. You don’t need to be an expert to support them. 

Rather, try to remember to use the BRAVE model that was established by Consent Comes First/Office of Sexual Violence Support and Education:

• Begin by listening.
• Respect privacy.
• Ask what support looks like to them. 
• Validate.
• Empathize.

Toronto Metropolitan University is committed to combating sexual violence. Individuals are strongly encouraged, and in certain cases mandated (where there is a reporting relationship), to report incidents of sexual harassment or sexual violence they have become aware of so the university can take the appropriate steps to address the issue. You have two options for disclosing or reporting sexual violence:

• For disclosing: Consent Comes First, the Office of Sexual Violence Support and Education provides support Contact Consent Comes First to inform them of what you have learned. Consent Comes First will always refer staff to Human Rights Services if they would like to make a complaint or better understand their options around investigations and alternative dispute resolution.
• For reporting:  Human Rights Services is available to meet with you to discuss a report under the Sexual Violence Policy.