SoVote

Decentralized Democracy

Ontario Assembly

43rd Parl. 1st Sess.
November 3, 2022 09:00AM
  • Nov/3/22 9:50:00 a.m.
  • Re: Bill 26 

I rise today with the honour to speak on behalf and in support of Bill 26, the Strengthening Post-secondary Institutions and Students Act, 2022. The Minister of Colleges and Universities continues her great work on behalf of Ontario students, and I’m pleased to contribute to her work today.

Our government is committed to ensuring students have access to a secure and safe learning environment. We’ve taken recent steps to strengthen supports for post-secondary students reporting sexual violence or harassment. We must also specifically address sexual misconduct by faculty and staff toward students. That is why we’re proposing legislative amendments that would require publicly assisted post-secondary institutions and private career colleges to have specific processes in place that address, and increase transparency of, faculty and staff sexual misconduct.

If passed, these changes would better protect students who experience faculty and staff sexual violence by:

—strengthening tools available to institutions in order to address instances of faculty or staff sexual misconduct against students; deeming sexual abuse of a student to be just cause for dismissal is one example;

—preventing 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; and

—requiring institutions to have codes of conduct regarding faculty and staff sexual misconduct.

As a parent, I am sure I’m not alone in this. We raise our children knowing that at some point they will leave the safety and security of the family home. We do our very best to prepare them and provide them with the skills and the tools for success and their safety, but we still must let them go.

We have recently seen a series of stories regarding sexual misconduct in publicly trusted institutions. Clearly, more must be done to protect the children of this province, and that’s why I’m speaking today in support of Bill 26.

Speaker, if you’ll indulge me this opportunity, I’d like to quote the minister on introduction of this important bill. The minister stated, “Our government believes that no one should have to worry about sexual violence or misconduct on or off campus. And from day one, we have been clear: this government has zero tolerance for sexual assault, harassment, or any other forms of violence or misconduct. All post-secondary institutions have a responsibility to provide a safe and supportive learning environment and are expected to do everything possible to address issues of sexual violence and misconduct on campuses. While our government has taken action to strengthen the policies that protect post-secondary students who report incidents of sexual violence or harassment on campus, we must also address acts committed by faculty and staff towards students.”

I know that the Minister of Colleges and Universities is passionate about this issue, as she too is a parent. As I said earlier, we as parents do our best to prepare our children for the rigours and risks of the real world. That’s why we are here today, to enhance the safety of our children and students in the post-secondary world.

That’s why last summer the minister held consultations with more than 100 stakeholders, including representatives from post-secondary institutions, labour and student groups, private career colleges, faculty associations and community organizations. Today, I am pleased to support the minister on the legislative amendments contained in Bill 26 that, if passed, would require publicly assisted colleges and universities and private career colleges to have specific processes in place that address and increase transparency of faculty and staff sexual misconduct on post-secondary campuses.

Again, the strengthened policies would allow institutions to:

—deem the sexual abuse of a student as just cause for dismissal;

—prevent the use of non-disclosure agreements to address cases where an employee leaves an institution to be employed at another institution and their prior wrongdoing remains a secret and unknown; and

—require institutions to have 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.

These changes would not only help protect students in cases of faculty and staff sexual misconduct, but also allow the institutions to better address complaints when they arise. The changes also build on the new regulatory amendments that our government introduced last fall to protect students from inappropriate questioning or disciplinary action when they report acts of sexual violence. All of us have a role to play in creating learning environments where students feel safe and supported, and with these legislative amendments we will ensure that all post-secondary students in Ontario can feel safe on campus.

The Strengthening Post-secondary Institutions and Students Act, 2022, if passed, would further protect students by providing measures for post-secondary institutions to address faculty and staff sexual misconduct towards students on campus. I can’t say it better than the minister, so I’ll once again share her powerful words upon her introduction of Bill 26, words I feel all of us in this great House can get behind and support.

The minister stated, “All students deserve to learn in a safe and supportive learning environment. 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’re taking action to better protect students from sexual violence and misconduct on and off campus.”

Additionally, I would like to point out that through Bill 26, if passed, our government is introducing legislative amendments so Ryerson University can legally change its name to Toronto Metropolitan University. The proposed change in name supports our government’s efforts to ensure Ontario has a post-secondary system that embraces diversity, inclusivity and promotes success for all learners, including Indigenous learners, so they can find rewarding careers. These legislative amendments contained within Bill 26, if passed, will help Toronto Metropolitan University begin a new chapter in its history and better reflects the current values and aspirations of the institution.

Bill 26, the Strengthening Post-secondary Institutions and Students Act, is about combining student safety and student protection as they go about their learning experience at Ontario’s 23 public universities, 24 colleges or 400-plus registered private career colleges.

Heading off to post-secondary school is a new-found freedom for many of our children. It’s an exciting time of their lives in a new environment, maybe a new community far from their home. This exciting time in our students’ and our children’s lives should serve as a safe and secure experience for learning. That’s why I’m speaking today on behalf of my colleague’s important bill. Any effort we can take to protect our children, our students, is something I can proudly stand in the House and support.

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  • Nov/3/22 10:00:00 a.m.
  • Re: Bill 26 

Far too many people, especially racialized women and non-binary, trans and gender-diverse folks, experience sexual harassment and sexual violence. It’s common and it’s a brutal feature of the university experience, but I would like to say it is also an everyday experience.

I want to talk a little bit about—I support the bill, I think it’s useful, but I don’t think it addresses some very key aspects of why sexual violence and other forms of violence, particularly against racialized or somehow lower-on-the-gender-hierarchy people, who are subject to violence.

I’m just going to give a little bit of a story. I know we don’t have a lot of time, so I’m skipping through what I have to say, but let me tell you how often this happens in graduate school, where there is close one-on-one contact and where a student is utterly dependent on the support of their advisers for their future careers and for their future lives. These relationships are of necessity close, and they’re relationships of power.

What is missing for me in this bill is an understanding that we’re actually dealing with relationships of power and a culture of entitlement. I want to tie this also to what the member from Kiiwetinoong had to say about the violence of colonization experienced by Indigenous peoples, because it’s a violence that’s borne out of entitlement, the entitlement to dominate somebody else.

If you look at court cases about where Indigenous women have been raped and killed, you’ll be horrified, because so often, right up until today, the perpetrators are never punished. Those women are understood to be deserving of what they got. Part of what is taking place is that the perpetrators are reinforcing their sense of entitlement as male, as white and having the entitlement to act out their superiority over somebody with less power.

Now we see this with gender-non-conforming people; you see it with women, with people deciding to teach them a lesson. So we’re not talking just about sexual interest, sexual tension. We’re talking about sexual acts as an acting-out of a relationship of power, of proving oneself to be higher up in that hierarchy of who counts and who’s entitled to be dominant.

What I see as being completely necessary is a very big education piece. We need to understand what is meant by consent. I would like to see this government accept the bill that brings consent to younger people, so that people are actually learning and thinking about this at a young age. But I would also like to see all of us make the connection between something like Bill 28, which assumes an entitlement to exploit the lowest-paid workers to death—“They’re mostly women and they’re low down on the hierarchy. Who cares if they don’t get a living wage?” There is a sense of entitlement, that it is okay to pay people nothing—hardly anything—and expect them to work themselves to death. I connect this to this culture of domination, this culture of entitlement that is also connected to sexual violence, and the acting out of putting yourself in a pecking order and having somebody you can look down on to prove your superiority.

I want to say that yes, this bill is important for students, but it’s only one piece, and it’s not really going to change the culture of universities. It’s going to add a punitive element—excellent; if some people start to realize that they have to be accountable, excellent—but it is not going to change the culture until we really dig deep and start to look at what the formation of Canada is. On what basis was a whole group of people dismissed, raped, slaughtered, pillaged, whatever, and a whole new population brought in to replace them? On what basis? What kind of thinking does that reflect? That is the thinking of entitlement and the entitlement to dominate others. That’s got to be part of what goes into any program—

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  • Nov/3/22 12:00:00 p.m.

Thank you to the member for such an important question. Our government has a zero-tolerance policy for any form of sexual violence or harassment. As a mother of three post-secondary-aged daughters, I know first-hand the feeling as a parent of wanting your kids to enjoy everything the post-secondary education journey has to offer, while still worrying about their safety and their well-being.

One of the first actions I took as Minister of Colleges and Universities was to participate in sector-wide consultations to determine how, as a sector, we could better address instances of sexual violence on campus. What we heard across the board is that we need to find ways to not only empower survivors but also deal with the issues surrounding the prevalence of power dynamics and secrecy in many instances of sexual violence.

If passed, Bill 26 will tackle just that. It will prevent any instances of sexual violence committed by a faculty or staff member from going unreported and prevent those who commit acts of sexual violence from moving from one institution to the next under the protection of non-disclosure agreements. I look forward—

In speaking with many of those faculty and staff members, the changes we are proposing in Bill 26 are long overdue and desperately needed in the sector. Specifically, these changes would give institutions stronger tools to address instances of faculty or staff sexual misconduct against students, prevent the use of non-disclosure agreements and further require institutions to have sexual misconduct policies in place.

Our government will always do what is necessary to keep the people of Ontario safe. As minister and mother, I encourage members of our faculty and staff across the post-secondary sector to stand with me and our government to make sure that students are safe on campuses.

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