Complaints of Sexual Violence

Filing a Complaint of Sexual Violence

A report, which anyone can make, is possible only if it concerns sexual violence* against a student who attends an educational institution.

*”The concept of sexual violence refers to any form of violence committed through sexual practices or by targeting sexuality, including sexual assault. It also refers to any other misconduct, including that relating to sexual and gender diversity, in such forms as unwanted direct or indirect gestures, comments, behaviours or attitudes with sexual connotations, including by a technological means.” For further information about acts of sexual violence, see the Government of Québec page on the forms of violence.

Reports are fast-tracked. The information that could serve to identify the person who makes the report is kept confidential, unless the person’s consent has been given. If required by law, the Regional Student Ombudsman discloses the person’s identity to the Director of Youth Protection. Regional Student Ombudsmen may also, on their own initiative, process cases of sexual violence.

Protection against reprisal
The Act respecting the National Student Ombudsman protects against reprisal people who, in good faith, make a report or file a complaint, cooperate in the processing of a report or complaint or accompany a person who makes a report or files a complaint.

It is also prohibited to threaten to retaliate against a person to dissuade him or her from filing a complaint or making a report.

The following are presumed to be reprisal measures against students or their parents:

• Depriving them of rights
• Treating them differently
• Suspending or expelling the student

For the staff members of an educational institution who make a report or cooperate in the examination of a complaint or report, the following are presumed to be reprisal measures:

• Their demotion
• Their suspension
• Termination of their employment
• Their transfer
• Disciplinary sanctions or other measures that adversely affect their employment or working conditions.

Fines for a natural person who retaliates or threatens to retaliate range from $2,000 to $20,000. Fines can vary from $10,000 to $250,000 for legal persons.