Procedure 1.2.2 Workplace Harassment
1.0 General
These procedures provide a mechanism for dealing with complaints of harassment and objectionable behaviour occurring in the working and learning environment.
Nothing in these procedures denies or limits access to other avenues of redress available under Federal or Provincial law or through the filing of a grievance or through progressive discipline.
In such a case, this process shall cease until the parties and their respective representatives have met with a representative from Human Resources to determine which dispute resolution process will proceed and which one(s) will be held in abeyance pending completion of the chosen process.
2.0 Definitions
(a) engaging in a course of vexatious comment or conduct against a worker in a workplace because of sex, sexual orientation, gender identity or gender expression, where the course of comment or conduct is known or ought reasonably to be known to be unwelcome, or
(b) making a sexual solicitation or advance where the person making the solicitation or advance is in a position to confer, grant or deny a benefit or advancement to the worker and the person knows or ought reasonably to know that the solicitation or advance is unwelcome.
Workplace harassment can be directed at a teacher, principal, support staff or any other employee or officer acting on behalf of the Board.
Workplace harassment does not include decisions or actions related to an individual’s employment: including but not limited to, a decision to change duties, discipline the individual or terminate the individual’s employment. A reasonable action taken by an employer or supervisor relating to the management and direction of workers or the workplace is not workplace harassment.
Objectionable Behaviour: often, but not always, persistent, ongoing, vexatious conduct or communications in any form, of attitudes, beliefs or actions towards an individual in the workplace which might reasonably be known to be unwelcome. A single serious act or expression can constitute behaviour.
3.0 Application
This procedure applies to all members of the Board community, including but not limited to, trustees, students, employees, visitors such as parents and community members, volunteers, permit holders, contractors, and employees of other organizations who work on or are invited onto Board property.
All members of the Board community are accountable for complying with this procedure, and maintaining a harassment free environment.
All those who are covered by this Procedure have a right to report harassment or objectionable behaviour and are entitled to have access to the dispute resolution processes.
4.0 Duties and Responsibilities
Our educational community is a place that promotes responsibility, respect, civility and academic excellence in a safe learning and teaching environment. To ensure this, all persons in our learning/working environment will:
- respect differences in people, their ideas and opinions;
- treat one another with dignity and respect at all times, and especially when there is disagreement;
- respect the rights of others;
- show proper care and regard for Board property and for property of others;
- demonstrate honesty and integrity; and
- respect the need of others to work in an environment of learning and teaching.
The full rights and responsibilities of all parties are outlined in Appendix A.
A reasonable action taken by an employer or supervisor relating to the management and direction of workers or the workplace is not workplace harassment.
5.0 Informal Resolution Steps
Every attempt should be made to resolve matters through an informal resolution.
The first step is to inform the individual that their behaviour is unwelcome and must stop immediately. Many disputes can be resolved quickly and effectively using this approach.
Supervisory and managerial personnel may become aware of harassment in the working or learning environment in different ways. They may observe harassment or objectionable behaviour directly or receive a report from the individual affected. The Policy and Procedures regarding Workplace Harassment require that all those who are covered by the procedure report alleged occurrences immediately. Consequently, supervisory and managerial personnel may receive reports from third parties.\
It is important that supervisory and managerial personnel pay attention to symptoms arising out of possible harassment or objectionable behaviour such as reduced productivity, changes in behaviour, absenteeism, and requests for transfers or rumors. Without assistance, the targets may be embarrassed or reluctant to report a situation.
A speedy resolution of a complaint can prevent escalation and further negative consequences, while promoting restoration of a healthy learning and working environment.
Informal resolution is a procedure that provides an opportunity for parties to resolve a dispute mutually in a respectful manner. The Board encourages supervisory and managerial personnel, as well as union/federation representatives, to first attempt Informal Resolution as a means of resolving issues.
Supervisory or managerial personnel, as well as union/federation representatives may facilitate an informal resolution by:
- suggesting that the complainant confront the problem by making it clear to the individual alleged to have engaged in harassing behaviour that the behaviour is not acceptable and by obtaining a commitment that the behaviour will stop;
- (a) informing the individual of the complainant’s concern regarding the alleged harassing behaviour and the Board’s expectation for appropriate behaviour, (b) providing a copy of the Board’s Policy 1.2.1 and Procedures on Workplace Harassment and/or other relevant Board policies and procedures, and (c) obtaining a commitment that the behaviour will stop;
- following up with the complainant to ensure that the behaviour has stopped.
In cases where an informal plan of action is implemented, supervisory and managerial personnel shall follow up by monitoring the situation, holding, if necessary, subsequent meetings with the parties and taking further steps to ensure that the harassing behaviour has stopped.
Where disputes are resolved informally, there will be no formal reports about such disputes. Every effort will be made to protect the privacy of individuals.
For informal complaints, where the parties are members of a union, federation, association or the school community, a resolution facilitated by the appropriate representative(s) is recommended, if acceptable to the parties.
6.0 Initiating a Complaint
All those individuals who are included under section 3.0 Application have access to complaint procedures. Individuals who believe that they have been subjected to such conduct may report the harassment or objectionable behaviour.
In addition, those who have witnessed harassment or objectionable behaviour directly, or have reasonable grounds to suspect that it is occurring, may initiate a report.
Anonymous reports will not be entertained for dispute resolution under these Procedures.
Third party reported disclosures will only go forward (to the formal stage) with the victim’s consent.
Employee complainants should contact their appropriate supervisor, a colleague, union, federation or association representative.
Other user complainants should report the complaint or their need for assistance in reporting to the appropriate supervisory and managerial personnel at the Board. For assistance and representation throughout the complaint process refer to Section 6.1.
The rights of students to a respectful working and learning environment, free from harassment and objectionable behaviour, are dealt with under other appropriate policies, legislation or regulations including, but not limited to, Codes of Behaviour, Safe Schools Act (now Section XIII of the Education Act) and Professional Codes of Conduct. Students should contact their Vice Principal, Principal, or, where appropriate, their Superintendent of Schools, for clarification on the process to be followed.
Supervisory and managerial personnel who are contacted shall follow the procedures set out in section 7.0 – Formal Complaint Procedures and Investigations.
In the event the complaint involves a worker’s or other person’s supervisor, or a management member, the complainant can report the alleged occurrence to the Superintendent of Education with Human Resources responsibilities directly or contact their Health and Safety Worker Representative at their site to initiate the complaint.
If the Supervisor, Manager or Superintendent of Education with Human Resources responsibilities are implicated in the alleged complaint, the Health and Safety Worker Representative may contact the Board Health & Safety Coordinator, who will contact the Director of Education or a 3rd Party Independent Investigator to conduct the investigation.
Individuals who wish to file a formal complaint must complete and sign the Workplace Harassment - Formal Complaint Form (see Appendix B). If an employee requires assistance in completing the Formal Complaint Form, another individual such as a colleague, union, federation or association representative should make the complaint on the employee’s behalf.
All complaints must be investigated forthwith upon receipt of a written complaint form, and/or a verbal notification from a worker or to their supervisor.
Investigations of all formal complaints submitted will be undertaken by the Human Resources Department.
A delay in completing the report may be considered by consulting the principal or appropriate supervisor, subject to any extenuating circumstances. An alternate Investigation by a 3rd Party may be necessary if the report cannot be undertaken within a reasonable period of time.
A Third Party Independent Investigator may be a Principal, a Human Resource Professional or other Professional person, from within our board, or another board, or other outside Agency with no interest or conflict, with or in the outcome of the investigation, who would be deemed capable of conducting an impartial investigation and filing a report of the results.
The Results of the investigation will be delivered to the Board’s Human Resources Department to distribute applicable sections to the Complainant, Supervisor, Superintendent, Respondent as required for DSB Ontario North East investigations.
6.1 Assistance for Complainants, Respondents and Witnesses
Prior to initiating any complaint and throughout the complaint process, complainants have a right to assistance and support.
Individuals who are named as respondents in a complaint, as well as witnesses, also have a right to assistance and support throughout the complaint process.
The following people may provide support:
- parent/guardian/other caregiver
- trained resource person
- professional support staff
- union/federation/association representative
- employee or colleague
- translator/interpreter (if necessary)
If there is a determination on a balance of probabilities that a complaint has been filed in bad faith, the complaint process may discontinue and disciplinary action may occur.
Where allegations relate to discrimination on the basis of a ground prohibited by the Ontario Human Rights Code, they shall be addressed using the appropriate Board policy.
6.3 Confidentiality
It is the duty of the supervisory and managerial personnel to maintain confidentiality in the complaint process.
All complainants, respondents and other persons involved with the complaint processes under these Procedures will ensure that all matters remain confidential.
Witnesses should be informed that supervisory and managerial personnel, in obtaining a statement, will maintain said statement in confidence, subject to their ability to conduct a full and thorough investigation.
Notwithstanding the above, procedural fairness requires that the respondent to a complaint be apprised of the nature of the complaint and by whom it has been made so that they have an opportunity to speak to the charges.
The Board may be required to provide information obtained during an investigation to an outside agency that has the right to require information otherwise protected by the Municipal Freedom of Information and Protection of Privacy Act.
6.4 Reprisals
Reprisals against individuals because they have reported a complaint are strictly forbidden.
Alleged reprisals shall be investigated as formal complaints and, if substantiated, are subject to the same consequences as complaints of workplace harassment or objectionable behaviour.
7.0 Formal Complaint Procedures and Investigations
7.1 Threshold Assessments
All formal reports filed under this Policy shall be subject to an immediate threshold assessment to determine whether the alleged conduct would, if proven, meet the definition of workplace harassment.
If the Investigator, following this threshold assessment, determines that the report filed:
- would not, if true, meet the definition of harassment, objectionable behaviour, or workplace harassment; or
- does not provide sufficient details of the alleged behaviour (provided the complainant is given notice that insufficient details have been provided, and is given reasonable time to provide sufficient details); or,
- is vexatious, frivolous or trivial, has not been made in good faith or would, if investigated, constitute an abuse of the Policy;
then the complainant shall be so advised verbally, and no further action shall be taken under this Policy, but a record of the complaint and details will be maintained.
7.2 Respondents to a Complaint
Individuals who are named as respondents in a complaint have a right to know in a timely manner that they are the subject of a complaint, who the complainant is, what the allegations are and what approach to a resolution is being considered. In particular, a respondent has a right to know the specifics of an allegation, including times, dates and alleged conduct.
Respondents will be given a copy of the complaint and given ample/reasonable time to prepare a full and complete response to the allegations.
Employee respondents may wish to contact the appropriate supervisor, a colleague, union, federation or association representative.
Other user respondents may also want to contact other appropriate personnel; for example, an employee of another organization may want to seek assistance and support from within that organization.
For assistance and representation throughout the complaint process, refer to Section 6.1.
7.3 Formal Investigation, Resolution and Decisions
Formal complaints require an investigation of the complaint allegations. Investigators will most often be the supervisory staff of the complainant and/or respondent. Where the complainant and the respondent have different reporting structures, supervisory and managerial personnel involved will determine who the appropriate person is to take responsibility for the investigation.
In all cases, supervisory and managerial personnel have a duty to respond to and initiate action to resolve any alleged or suspected situations involving harassment forthwith.
In a formal investigation, supervisory or managerial personnel who conduct the investigation shall ensure that the following steps are taken, and documented as soon as possible:
- take appropriate measures to ensure the safety of the complainant;
- notify the complainant(s), the respondent(s) and witness(es) that they are entitled to support and assistance throughout the process;
- ensure that the respondent(s) have a copy of the complaint;
- interview the complainant(s) and/or the third party reporting the complaint;
- inform the respondent(s) of the allegations and provide an opportunity for response;
- interview the respondent(s);
- interview witness(es);
- come to conclusions about whether a specific incident did or did not occur based on a balance of probabilities; (the question of whether behaviour is objectionable will be assessed using objective standards)
- provide written summary of the findings and conclusions to the complainant and to the respondent and give them an opportunity to respond to same; and
- take appropriate action(s) to resolve the situation.
If the respondent declines to participate in the formal investigative process, the investigation shall proceed. The respondent should be encouraged to participate in the interest of a balanced and fair process.
7.4 Standard of Proof
The standard of proof to be applied is the balance of probabilities.
7.5 Outcomes in Formal Investigations
In the event a complaint is not substantiated, no further action will be taken, subject to the section on maintaining records. However, if there is a need to restore a positive learning or working environment or if the complainant and/or respondent require counselling, appropriate steps shall be taken to meet such needs.
The Investigator shall inform the complainant in writing of the decision to halt the investigation, immediately when this decision has been determined. Copies of this notice will be retained as per section 8.0.
Follow-up possibilities:
- counselling for the parties;
- application of strategies to restore a positive learning/working environment;
- mediation;
- specific training for the complainant or respondent;
- workshops for the staff and/or others) in the school/workplace regarding their rights and responsibilities (see Appendix A);
- permanent separation of respondent and complainant from each other;
- restorative measures.
Employee Respondents
The appropriate supervisor or manager shall impose discipline as appropriate and consistent with the circumstances. The principles of progressive discipline will be applied in dealing with disciplinary actions in accordance with the Progressive Discipline Procedure.
Other User Respondents
Actions must be determined as appropriate for the individual situation and may include such responses as a letter of disapproval and warning, a revoking of permits or contracts, an issuing of a trespass warning, or other remedies as provided by the common law and/or the appropriate legislation. The involvement of the appropriate Superintendent is recommended in these cases.
7.7 Mediated Resolution
Mediation involves an unbiased third party acting as a facilitator in direct communication between the parties who voluntarily agree to enter into this process. It is an opportunity to resolve disputes in a respectful manner. It provides the opportunity to generate a variety of options for resolution and contributes to restoring the working relationship between the parties.
Where there is already a formal complaint being investigated under these procedures, at any time during the investigation, the parties may agree to hold the investigation in abeyance and attempt to achieve a mediated resolution. Mediation will only occur if the employer agrees to use it as an option in resolving a particular dispute.
Mediation is appropriate when all parties agree that a mutually agreeable solution is achievable and desirable. The investigator will request approval to mediate.
Meetings required for mediation sessions shall be scheduled as soon as possible and, where practical, in a time and place convenient for the complainant, the respondent and the mediator.
When matters are resolved through mediation, the complainant and the respondent will sign a memorandum of agreement outlining the terms to which they have agreed. Supervisory and managerial personnel shall ensure that the terms that the parties have agreed to have been met.
Mediation is voluntary and the complainant or the respondent may choose to withdraw at any time.
7.8 Review of Decision
In the event a complainant or respondent to a formal complaint has one or both of the specific concerns listed below, a request may be made to the Director or designate to convene a Review within 10 business days of the Complainant and or Respondent receiving a report of the investigation. A Reviewer will be appointed by the Director or designate.
The grounds for review are:
No review of the final decision will be undertaken with regard to the claim that the conclusions drawn by the investigator(s) based on findings of fact were incorrect.
The Reviewer will report their findings to the Director or designate, who will affirm or amend the final decision, or require that a new investigation be undertaken.
8.0 Records Retention
All correspondence and other documents generated under these Procedures must, subject to the Municipal Freedom of Information and Protection of Privacy Act, be marked “PRIVATE AND CONFIDENTIAL” and be stored in a locked and secure file in the Human Resources office.
The employer will keep records of all complaints or incidents of workplace harassment including:
- a copy of the complaint or details about the incident;
- a record of the investigation including notes;
- a copy of witness statements, if taken;
- a copy of the investigation report, if any;
- a copy of the results of the investigation that were provided to the worker who reported workplace harassment and the alleged harasser; and
- a copy of any corrective action taken to address the complaint or incident of workplace harassment.
The documents associated with a workplace harassment complaint, incident and/or investigation must not be disclosed unless necessary to investigate an incident or complaint of workplace harassment, take corrective action or otherwise as required by law.
Records will be maintained of all reported harassment, from the conclusion of the investigations, regardless of outcomes.
9.0 Policy Management
The Workplace Harassment Policy shall be in written form and available on the Board website.
The Workplace Harassment Policy must be reviewed as often as is necessary, but at least annually. This review should be conducted by the Human Resource Manager and in consultation with the Health & Safety District Coordinating Committee.
10.0 Information and Instruction
The Board shall provide employees with information and instruction that is appropriate for the worker on the contents of the policy and program with respect to workplace harassment.
Training in Workplace Harassment Policy and Procedures should take place at the time of hire, during new worker inductions, and as frequently as required but at least at least annually.
Training should be face to face except for reviews annually which can be forwarded electronically, and a review record kept on the Board’s Training Website, Safety Hub or the Boards SDS System Records.
References
Occupational Health & Safety Act
Policy 2.1.6 – Student Code of Conduct
Policy 2.1.7 – Violence Prevention
Policy 2.1.10 – Police & School Protocol
Policy 2.1.23 – Managing Violent and Aggressive Student Behaviour
Policy 2.1.26 – Bullying Prevention
Appendices