Creative Minds Early Learning Society is certified by the Private Training Institutions Branch (PTIB). Certified institutions must comply with regulatory requirements, including the requirement to have a Sexual Misconduct policy. For more information about PTIB, go to www.privatetraininginstitutions.gov.bc.ca.

Creative Minds Early Learning Society is committed to the prevention of and appropriate response to sexual misconduct. Sexual misconduct refers to a spectrum of non-consensual sexual contact and behaviour including the following:

• sexual assault;
• sexual exploitation;
• sexual harassment;
• stalking;
• indecent exposure;
• voyeurism;
• the distribution of a sexually explicit photograph or video of a person to one or more persons other than the person in the photograph or video without the consent of the person in the photograph or video and with the intent to distress the person in the photograph or video;
• the attempt to commit an act of sexual misconduct; and
• the threat to commit an act of sexual misconduct

A Complaint of sexual misconduct is different from a Report of sexual misconduct. A person may choose to disclose or complain of sexual misconduct without making a formal report.  A Report is a formal notification of an incident of sexual misconduct to someone at the institution accompanied by a request for action.

A student making a Complaint will be provided with resolution options and, if appropriate, accommodation, and will not be required or pressured to make a Report

If a student feels that s/he is being subjected to sexual misconduct  he or she may immediately inform the harasser that the conduct is unwelcome and needs to stop. If the inappropriate conduct does not cease or if the student is unable to or is uncomfortable with addressing the alleged harasser directly he or she should make a complaint in writing and send it directly to Renata Aebi, SEA.   

5351 Camosun Street, Vancouver, B.C. V6N2C4
Or 
Kate McCabe, Program Director in her absence or if the SEA is named in the complaint to creativemindsels@gmail.com

It is helpful, but not required to provide the date, time and nature of the harassment and the names of any witnesses. It is also prudent to describe the impact on the students ability to carry out student responsibilities.  Citing what the complainant has done to try to stop misconduct is also helpful. 

Any processes undertaken pursuant to this policy will be based on the principles of administrative fairness. The SEA (or the designate) will deal expeditiously as soon as they have knowledge of an alleged  sexual misconduct whether or not there has been a written or formal complaint.  All parties involved will be treated with dignity and respect. All information related to a Complaint or Report is confidential and will not be shared without the written consent of the parties, subject to the following exceptions:

• If an individual is at imminent risk of severe or life-threatening self-harm.
• If an individual is at imminent risk of harming another.
• There are reasonable grounds to believe that others in the institutional community may be at significant risk of harm based on the information provided.
• Where reporting is required by law.
• Where it is necessary to ensure procedural fairness in an investigation or other response to a Complaint or Report

The SEA or designate will:

• Take all complaints or concerns of alleged or possible sexual misconduct seriously no matter how minor or who is involved.
• Take appropriate action to prevent retaliation or to prevent such conduct from recurring during or after any investigation of complaints or reports.

The SEA or designate will, within 24 hours of receiving the complaint:

• Ensure that both the individual filing the complaint and the accused individual are aware of the seriousness of sexual harassment complaint and/or report.
• Explain the policy and investigation procedures to all parties
• Notify the police if criminal activities are alleged
• Arrange for an investigation and preparation of a report concerning the alleged complaint

The SEA or designate will, within 72 hours of receiving the complaint:

• Explore informal means of resolving sexual harassment complaints 
• Submit a written report summarizing the results of the investigation
• Notify the complainant and respondent of the corrective actions to be taken, if any.

All complaints involving the senior management will be handled by members of the Board of Directors.

If the investigation results in the finding that the policy has been violated the mandatory discipline is a written reprimand.  The reprimand for very serious and repeated violations of the policy is termination of employment.  Persons who violate this policy may be subject to civil damages or criminal penalties.