Ontario introduces legislation to address post-secondary staff and faculty sexual misconduct

Ontario has introduced the Strengthening Post-secondary Institutions and Students Act that, if passed, would provide measures for postsecondary institutions to address faculty and staff sexual misconduct toward students on campus.

The government says legislation would amend the Ministry of Training, Colleges and Universities Act and the Private Career Colleges Act to help protect students in cases of faculty and staff sexual misconduct, but also allow the institutions to better address complaints when they arise.

In particular, the amendments would:

• Strengthen the tools available to institutions to address instances of faculty or staff sexual misconduct against students (i.e., deeming sexual abuse of a student to be just cause for dismissal and preventing the rehiring of employees found to have committed sexual abuse of a student)
• Prevent the use of non-disclosure agreements to address instances where an employee leaves an institution to be employed at another institution and their prior wrongdoing remains a secret
• Require institutions to have employee sexual misconduct policies in place that provide rules for behaviour between faculty, staff and students as well as disciplinary measures for faculty and staff who break these rules

“All students deserve to learn in a safe and supportive learning environment,” said Jill Dunlop, Minister of Colleges and Universities, in a statement. “From day one, we have been clear: this government has zero-tolerance for sexual assault, harassment, or any other forms of violence or misconduct. That’s why we are taking action to better protect students from sexual violence and misconduct on and off-campus.”