HR22: Harassment and Discrimination

  • Policy #: HR22
  • Responsible Authority: Director, Labour Relations
  • Approval Authority: President's Executive Committee
  • Executive Sponsor: Vice President, Human Resources
  • Approval Date: 1995/10/10
  • Last Reviewed: 2012/05/16
  • Mandatory Revision Date: 2013/05/16
  • Downloadable Version: Harassment and Discrimination

PURPOSE

To promote a working environment that is free of harassment and discrimination and to provide a mechanism to receive and resolve harassment and discrimination complaints within the jurisdiction and control of Algonquin College.   

SCOPE

This policy applies both on and off campus, to all employees, contractors and volunteers in the pursuit of College duties or while engaged in College related activities.   

For this policy to apply to off campus activities, the employee must be located off campus as a result of his/her employment, or be engaging in College business, activities or social events.

The workplace harassment components of this policy apply only to employees of Algonquin College and, as such, applies without limitation to all employees, including supervisors, officers and directors, and to all activities that occur while on College premises or at other location(s) where the employee may be located as a result of their employment, or while they are engaging in College business, activities or social events.

DEFINITIONS

Word/Term

Definition

Harassment

Includes Workplace Harassment, Discriminatory Harassment and Sexual Harassment.

Discrimination

One or a series of action(s) or behaviour(s) related to one or more of the prohibited grounds, as defined by the Ontario Human Rights Code (“the Code”), that results in the unfavourable or adverse treatment which negatively affects or could negatively affect the employment status of an employee or the status of a student.

Discriminatory Harassment

One or a series of vexatious comment(s) or conduct related to one or more of the prohibited grounds that is known or ought reasonably to be known to be unwelcomed/unwanted, offensive, intimidating, derogatory or hostile.

Workplace Harassment

Engaging in a course of vexatious comment or conduct against a worker in a workplace that is known or ought reasonably to be known to be unwelcome.  Examples of workplace harassment include, but are not limited to:

  1. Unwelcome jokes, slurs, innuendoes or taunting;

  2. Behaviour or conduct which might reasonably be expected to cause harm, discomfort, offence or humiliation;

  3. Body language or gestures that are disrespectful;

  4. Inappropriate communication via electronic mail and/or attainment, display and distribution of improper information from the internet;

  5. Inappropriate, unwelcome touching, come-ons or sexual flirtation;

  6. Display of sexually offensive pictures or objects.


Workplace harassment may also relate to a prohibited ground as set out in the the Code, but it does not have to. 


Workplace harassment does not include:

  1. Performance management, coaching, feedback, performance appraisals, and performance improvement plans;

  2. Appropriate and justifiable disciplinary action;

  3. Providing fair and reasonable constructive feedback or evaluation;

  4. Assigning additional work;

  5. Voicing minor differences of opinion;

  6. Showing frustration or annoyance, where such behaviour is objectively justified and displayed in a respectful manner without any threat of violence, intimidation or other reprisals, and where it is shows only on an occasional basis.

Workplace

Any place where business or work-related activities are conducted.  It includes, but is not limited to, the physical work premises, work-related social functions, work assignments outside of Algonquin College’s work premises, work-related travel and work-related conferences or training sessions.

Sexual Harassment

Any unwelcome conduct, comment, gesture or contact of a sexual nature, whether on a one-time basis or a series of incidents, that might reasonably be expected to cause offence or humiliation or that might reasonably be perceived as placing a condition of a sexual nature on employment, on an opportunity for training or promotion, or on the receipt of services or a contract.

Negative Environment

Refers to one or a series of comments or conduct that creates a negative environment (i.e. an offensive or intimidating climate for individuals or groups and are related to the prohibited grounds. The comment or conduct must be of a significant nature or degree and have the effect of “poisoning” the work environment. A complainant does not have to be a direct target to be adversely affected by a negative environment. 

Complainant

Person who makes a complaint under this policy.

Respondent

Person who is named in a complaint as a person responsible for the alleged comment or behaviour contrary to this policy.

Employee

An individual in an employment relationship with Algonquin College.

Academic Administrator

Program Chair, Course Chair, Academic Manager or Dean.



POLICY

1.  Algonquin College is committed to fostering a climate in which all individuals are treated with respect and dignity and in which the human rights of its employees, contractors and volunteers are respected. Harassment and discrimination as defined above will not be tolerated by the College in its educational, employment or business dealings.  To that end:

1.1   Discriminatory harassment, sexual harassment and discrimination, including that which is prohibited by the Code and the Ontario Occupational Health and Safety Act, will not be tolerated.

1.2   Instances of harassment committed by or against an employee while the employee is engaged in College-related duties or activities is unacceptable and will not be tolerated. 

1.3   Every individual has the right to file a complaint of harassment or discrimination, participate or cooperate in an investigation, provide information relevant to the complaint or act in any role under this policy without fear of retaliation or reprisal.  The rights of both complainants and respondents will be safeguarded to the extent possible with respect to the hearing of complaints.

 1.4   The College recognizes its responsibility to deal quickly, fairly and effectively with complaints of harassment and discrimination should they arise.

 1.5   The College will take all reasonable steps to ensure awareness of this policy, and will be proactive in undertaking an education/prevention campaign in relation to its provisions. 

 1.6   Any person who believes they have been subject to discriminatory or sexual harassment or discrimination continues to have the right to make application to the Ontario Human Rights Tribunal.  In addition, every person retains his/her right to pursue other applicable legal avenues, such as through a collective agreement or the justice system, even when steps are being undertaken by the College. The College procedures will continue at the same time a person is exercising his/her rights outside of this policy.


2.  Responsibilities

2.1   Duties of College Community Members:

a.  Report promptly incidents of apparent harassment and/or discrimination of which they have knowledge to the immediate supervisor and/or to the Director of Labour Relations.

b.  Cooperate, when requested, in the investigation and/or resolution of complaints under this policy.

c.  Understand and comply with this policy and all related procedures.

d.  Participate in applicable education and training programs.

 2.2   Duties of Management:

a.  Act on observations or upon receiving reports alleging discrimination and/or harassment.

b.  Promote a working environment that is free of discrimination and harassment.

c.  Review all reported incidents of harassment and/or discrimination in a prompt, objective and sensitive manner.

d.  Ensure that all those of whom this policy applies to are aware of the existence of this policy and the issues it addresses.

3.  Prevention and Education  

3.1   The College will provide reasonable educational training opportunities that permit College staff to develop the skills and knowledge to handle and prevent problems of harassment and discrimination.

3.2   Managers and others in positions of authority within the College will be made aware of their responsibilities under this policy and under the Code and the Ontario Occupational Health and Safety Act in creating and maintaining an environment free from harassment and discrimination.  They will receive appropriate training on their responsibilities and the complaints resolution procedures under this policy.


COMPLAINT RESOLUTION PROCESS

 1.  GENERAL

1.1   Any employee who believes that he or she has been the subject of discriminatory/sexual harassment and/or discrimination and any employee who believes that they have been subjected to workplace harassment may lodge a complaint.

1.2   In general, the Complaints Resolution Process must be initiated no later than six (6) months from the date of the incident, barring exceptional circumstances and at the discretion of the College.

 1.3   A complainant may, at his or her discretion, decide to withdraw a complaint at any point in the complaints process.  In the event of a withdrawal, the College may, at its discretion, continue to investigate the complaint.  

1.4   The College reserves the right to address complaints of workplace harassment concurrently through the Workplace Violence Prevention (HS 03), at its sole discretion and as required and appropriate under the circumstances.  

 2.  Complaint Resolution Process

2.1   The College strongly recommends that, as a first step, provided the complainant is willing and able to do so, that they approach the respondent on an informal basis to identify the conduct of concern and explain to the respondent that it is unwelcome. The complainant should carefully record details of all incidents including the date and time of the incident, the nature of the incident, and the names of any individuals who may have been witnesses to the incident.

2.2 The complaint resolution process consists of four steps:

1.       Step One – Informal (optional)

In this step, the complainant and the respondent may meet to discuss the nature of the concern and suggest/discuss ways in which it might be resolved.   

 2.       Step Two – Mediation (optional)

In this step, either party may make a request to the Director, Labour Relations, that an external mediator be engaged to assist with the resolution of the complaint.  The mediator will meet with relevant parties to gather information and suggest/discuss ways in which the complaint might be resolved.  All discussions throughout mediation are privileged and confidential in the event a formal complaint is pursued.

 3.       Step Three – Formal Complaint

At this step, the complainant should prepare a detailed account of the incident(s).  The complainant should provide their complaint to their immediate supervisor or the Director Labour Relations.  Following investigation, the Director, Labour Relations may issue a final report either supporting or denying the claim, and specifying the appropriate remedy and/or sanctions.

 4.       Step Four – Formal Appeal Review

If either the complainant or the respondent is not satisfied with the decision rendered in Step 3 above, they may request a formal appeal, either verbally or in writing, within ten (10) days, and stating the reason for the appeal.  This request shall be made to the Vice President, Human Resources. 

3.  REMEDIES AND SANCTIONS

3.1  The College shall have complete discretion to impose remedies and sanctions as appropriate,  including disciplinary action up to and including dismissal for just cause, where:

  • Any member of the College community subjects another employee to harassment or discrimination, or otherwise violates this policy;

  • A complaint is found to be frivolous, vexatious or made in bad faith;

  • There is a reprisal or retaliatory measure against an employee who, in good faith, raises a complaint of harassment or discrimination within the meaning of this policy and/or cooperates in the investigation of a complaint.

4.  CONFIDENTIALITY

4.1   Information relating to a complaint will be kept confidential to the extent possible in order to respect the interests of the parties involved.  However, during the course of the investigation, information will be disclosed to the extent necessary to properly conduct the investigation and as may be required by this policy and the law.  In so doing, the College will ensure compliance with the Ontario Freedom of Information and Protection of Privacy Act (FIPPA).  Access by third parties to the report, or to any records collected or created during the course of the investigation will be in accordance with FIPPA, and the College will protect personal information contained in such records in the manner and to the extent required by FIPPA.

4.2   Employees are expected to fulfil their responsibility to other members of the College Community by assisting and cooperating with the investigation of complaints, including sharing information with administrators.

4.3   All records relating to a complaint must be stored in a secure manner.  Unwarranted breaches of confidentiality will result in disciplinary action.  Gossiping about an incident will not be tolerated.

5.  Students and Harassment/ Discrimination

 5.1   Students can make a complaint against a College employee, contractor or volunteer under this policy.  In these instances the present policy may be used in conjunction with Policy SA 03 Student Complaints, as deemed appropriate under the circumstances.

5.2   The College will address incidences of harassment/discrimination where students are named as respondents under Policy SA 07 Student Conduct or Policy SA 03 Student Complaints.

6.  Review of Policy

6.1   The College will review this Policy annually as required by legislation.

RELATED POLICIES
SA 03    Student Complaints
SA 07    Student Conduct
HS 03    Workplace Violence Prevention
HR 21    Staff-Student Personal Relationships
HR 18    Employee Code of Conduct

RELATED MATERIALS

Ontario Human Rights Code, R.S.O. 1990, c.H.19, as amended


Ontario Occupational Health and Safety Act

Freedom of Information and Protection of Privacy Act