Harassment and Discrimination

POLICY TYPE:	Administrative
POLICY TITLE:	Harassment and Discrimination
POLICY #:	ADMIN - 202
RESPONSIBILITY:	Vice President, Human Resources
POLICY APPROVED BY:	Durham College Leadership Team
EFFECTIVE DATE:	April 2008
REVISED:
REVIEW DATE:	April 2011

Introduction

Any form of harassment and discrimination is incompatible with Durham College's values, in particular: respect for the individual.

Durham College recognizes that the best way to respond to harassment is through a proactive and preventative strategy in which all reasonable steps are taken to ensure that harassment and discrimination do not occur in the first place; and if they do occur, that appropriate action is taken to minimize the negative effects that such behaviour has on all staff, students, board members, contractors and visitors.

Purpose

To provide a mechanism to receive and resolve harassment and discrimination complaints within the jurisdiction and control of Durham College.

Definitions

"Harassment": One, or a series of, vexatious, comment(s) or conduct related to one or more of the prohibited grounds of the Ontario Human Rights Code that is known or might reasonably be known to be unwelcome/unwanted, offensive, intimidating, hostile or inappropriate.

Examples include gestures, remarks, jokes, taunting, innuendo, display of offensive materials, offensive graffiti, threats, verbal or physical assault, imposition of academic penalties, hazing, stalking, shunning or exclusion related to the prohibited grounds of the Ontario Human Rights Code.

"Sexual Harassment": One, or a series of, comment(s) or conduct of gender-related or sexual nature that is known or might reasonably be known to be unwelcome/unwanted, offensive, intimidating, hostile, or inappropriate. In order to constitute sexual harassment, the conduct complained of must detrimentally affect the complainant's work/study environment by creating a hostile atmosphere in which the victim is made to feel inferior, inadequate, or offended.

Examples include gestures, remarks, jokes, slurs, taunting, innuendo, threats, physical, verbal or sexual assault, unwanted physical contact, invitations, leering, the display of sexually offensive material, solicitation, demands, penalties related to sexual orientation, marital, or family status; unwanted attention, implied or express promise of reward or benefit in return for sexual favours, implied or express threat or act of reprisal if sexual favours are not given, sexual assault.

"Discrimination": Action(s) or behaviour(s) that results in unfavourable or adverse treatment or preferential treatment as related to the Ontario Human Rights Code prohibited grounds of discrimination.

Examples include any differential treatment. Common examples are refusal to provide goods, services or facilities, exclusion from employment or employment benefits, refusal to work with, teach, or study with someone, failure to provide reasonable physical access and accommodation.

"Systematic Harassment/Discrimination": Policies, practices, procedures, actions or inaction, that appear neutral, but have an adverse impact associated with one of the prohibited grounds.

Example is exam schedules that conflict with important religious events.

"Negative Environment": One or a series of, comment or conduct that creates a negative environment for individuals or groups and relate to the prohibited grounds of the Ontario Human Rights Code. The comment or conduct must be of a significant nature or degree and have the effect of "poisoning" the work/study environment. A complainant does not have to be a direct target to be adversely affected by a negative environment. It includes conduct or comment that creates and maintains an offensive, hostile, or intimidating climate for work/study.

Examples include exposure to graffiti, signs, cartoons, remarks, and exclusion, adverse treatment related to one or more of the prohibited grounds.

"Time Frame": Refers to working days.

Policy Statements

Durham College recognizes the dignity and worth of every member of Durham College's community and provides for equal rights and opportunities, free of discrimination and harassment. To this end, the college adopts the policy of zero tolerance, a policy which establishes that harassment and discrimination are never acceptable and must not be tolerated.

Each member of the Durham College community is aware of, and shares, the responsibility for creating and maintaining a working/learning environment free from discrimination, as defined by the Human Rights Code of Ontario. This includes sexual harassment, discrimination, harassment or intimidation based on race, ancestry, place of origin, colour, ethnic origin (including language, dialect or accent), creed, sex, sexual orientation, disability, marital status, family status, citizenship, age, and receipt of public assistance, record of provincial offences or pardoned federal offences.

Durham College values practices which foster equitable treatment among all members of the college community. Members are responsible for their actions at all college-related activities, both on and off campus. As such, the college has procedures in place to address inequities and to protect the rights of all parties. This policy does not preclude the right of every person to seek assistance from the Ontario Human Rights Commission.

The policy, within the college work/study environment, applies to:

• All students
• Academic staff
• Non-academic staff
• Members of the Board of Governors
• Members of standing and ad hoc committees established by the college
• Members of societies, associations, or business partners which have a direct relationship or are under the authority of the college
• Contractors such as those undertaking construction, provision of service or research
• Visitors and guests who have no ongoing connection to the institution, but are on campus

Roles and Responsibilities

Human Rights Advisors: Director, Student Rights and Responsibilities
Vice-President, Student Affairs
Director, Benefits and Human Rights
Vice-President, Human Resources

Where:

Non-compliance Implications

The financial implications are potential legal and/or settlement costs.

Each organization is required to have an internal policy and procedure to resolve complaints arising from the Human Rights Code. This policy ensures that our staff and clients have a mechanism to deal with their complaints.

Related Procedures

Harassment and Discrimination Procedure
Related Policies and Directives

The Ontario Human Rights Code states that every person has a right to freedom from discrimination on the grounds of: race, ancestry, place of origin, colour, ethnic origin, citizenship, creed (religion), sex, sexual orientation, handicap (physical or mental disability), age, marital status, family status, the receipt of public assistance, record of offences. There are some exceptions in the Code. Section 23 of the Code, provides an exception in specific circumstances. In some instances persons can be dealt with differently within an employment situation and/or learning environment without violating the Code. An exception is a bona fide employment requirement and applied only in extraordinary circumstances as approved by the Human Rights Commission.

Also, not all the grounds of discrimination are forbidden in every area.