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Harassment and discrimination

Preamble

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.

Definitions

Harassment:	One (1), 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 (1), 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.
Systemic 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. Human Rights Advisors Director, Student Rights and Responsibilities Vice-president, Student Affairs Director, Benefits and Human Rights Vice-president, Human Resources

Time frame

Refers to college days

Note: 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.

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

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

Where:

On campus;
Off campus;
College related social functions;
Work/academic assignments/placements;
During work/study related travel;
Telephone communication; or
Written/email communication

Purpose

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

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 (0) 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.

Financial implications

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

Legal, human rights and equity implications

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.

Complaint process
1. Complaints of harassment/discrimination
  1. Where a person believes that a violation of the college policy on harassment/discrimination has occurred, an individual may seek confidential advice from a Durham College human rights advisor. The human rights advisor will provide the complainant with information about the policy, as well as, possible options for resolving the matter and other means of support that may be deemed appropriate.
  2. A complainant proceeding with a formal complaint will complete a complaint form which will be directed to the director, Student Rights and Responsibilities and/or director, Benefits and Human Rights. Statements of complaint must include the grounds of the Human Rights Code that have been violated. Please see policy statement for list of grounds.
  3. Where two (2) or more complaints are filed bringing into question a practice or violation engaged in by the same person, or having facts in common, the complaints may be dealt with in the same proceeding.
  4. A person who is the subject of a complaint made under this procedure that has reason to believe that the complaint is vexatious, in bad faith, or itself a form of harassment, will have the right to file a complaint.
  5. A complaint must be filed within six (6) months of the circumstances giving rise to the complaint, unless the delay was incurred in good faith and no substantial prejudice will result to any person affected by the delay.
  6. If, in the event the Human Rights Advisor; vice-president, Human Resources, vice-president, Student Affairs or any other persons in positions described in the procedures are the respondents of a complaint, the president will appoint other persons as appropriate.
  7. If the president is the respondent of a complaint, the vice-president, Human Resources; will inform the Board of Governors; the Board of Governors will appoint other person(s) as appropriate.
Response
1. Responding to complaints of harassment/discrimination
  1. The director, Student Rights and Responsibilities and/or director, Benefits and Human Rights, will investigate a complaint specific to college policy, practice and/or procedure and endeavour to affect a resolution.
  2. The vice-president, Human Resources, vice-president, Student Affairs or designate, will investigate a formal complaint that involves a person(s).
  3. Information will be confidential unless the college is compelled to release information obtained through an investigation.
2. Policy, practice, procedure
  1. Where the formal complaint is specific to a college policy, practice and/or procedure the director, Student Rights and Responsibilities shall inform the related vice-president, in writing, within five (5) days, that a complaint has been received and shall forward a copy of any written documentation outlining the complaint. The related vice-president will have the responsibility to investigate and, where possible, determine an immediate resolution to situations in which college policies, practice and/or procedure violates this policy.
  2. The vice-president will have ten (10) days to respond in writing to the director, Student Rights and Responsibilities and/or director, Benefits and Human Rights and the complainant.
    
    Policy, practice, procedure - decision not to proceed with a complaint
  3. A complainant may, at his or her discretion, decide to withdraw a complaint at any point in the procedure.
  4. The director, Student Rights and Responsibilities and/or director, Benefits and Human Rights, shall advise a complainant where:
    1. The complaint is one that should more appropriately be dealt with through other college procedures or mechanisms, such as: the Student Rights and Responsibilities; Academic Policies and Procedures; Occupational Health and Safety; OPSEU Local 354, Local 353 and any other process that may be deemed appropriate;
    2. The subject matter of the complaint appears to be trivial, frivolous, vexatious or made in bad faith; or
    3. The complaint appears not to be within the jurisdiction of the college.
  5. When a complainant withdraws a complaint the college maintains the right to continue to proceed with the complaint.
3. Person(s)
  1. When the formal complaint involves a person(s) the vice-president, Human Resources, vice-president, Student Affairs or designate, shall inform the respondent(s), in writing, within five (5) days, that a complaint has been received and shall forward a copy of any written documentation outlining the complaint to the respondent(s), including the name of the complainant.
  2. The respondent(s) will have five (5) days to respond, in writing, to the vice-president of Human Resources, vice-president, Student Affairs, or designate.
    
    Person(s) - Decision not to proceed with a complaint
  3. A complainant may, at his or her discretion, decide to withdraw a complaint at any point in the procedure.
  4. The vice-president, Human Resources, vice-president, Student Affairs, or designate, shall advise a complainant where:
    - The complaint is one that should more appropriately be dealt with through other college procedures or mechanisms, such as: the Student Rights and Responsibilities; Academic Policies and Procedures; Occupational Health and Safety; OPSEU Local 354, Local 353 and any other process that may be deemed appropriate;
    - The subject matter of the complaint appears to be trivial, frivolous, vexatious or made in bad faith; or
    - The complaint appears not to be within the jurisdiction of the college.
  5. When a complainant withdraws a complaint the college maintains the right to continue to proceed with the complaint.
4. Decision to proceed with complaint
  1. If after the respondent(s) reply the complainant is not satisfied, the complainant will have ten (10) days to request, in writing, that the complaint to continue to mediation.
Resolution through mediation
In alleged contravention of the Harassment and Discrimination policy, the vice-president of Human Resources, vice-president, Student Affairs, or designate shall meet within ten (10) days with the parties involved and attempt to effect a settlement of the complaint through mediation.
1. In the course of mediation, the vice-president, Human Resources, vice-president, Student Affairs, or designate, shall act as follows:
  - Will counsel the party/parties to do anything that, in the opinion of the college, the party/ parties ought to do to achieve compliance with the policy, both in respect of the complaint and in respect of future practices;
  - May consult with external agencies such as the office of the Human Rights Commission for advice and assistance; and
  - May take other such action as deemed appropriate.
2. Where the parties to the complaint agree to the resolution, it shall be affected by the college and the complaint considered resolved.
3. If the complaint is not resolved through mediation, the complaint may proceed to the next stage.
4. The complainant or the respondent will inform the college, in writing, within five (5) days, requesting the complaint proceed to the next stage.
Resolution through investigation/fact finding
1. The college shall appoint, within ten (10) days of written notification to proceed, fact finders at the request of the complainant(s) or respondent(s).
2. At the same time, the complainant(s) and respondent(s) will be notified, in writing, of the formation of a fact finding committee and the composition of the fact finding committee.
3. Two (2) fact finders, who have been trained on proper investigation procedures, will be appointed by the college to:
  - Determine whether a violation of the college policy on harassment/discrimination has occurred; and
  - Determine who, if anyone has violated the policy.
4. The fact finders will have, for the purposes of their inquiry, all documents, statements, access to person(s) and other information or materials which the parties to the complaint wish to present. In addition, the fact finders may request further documents or materials which its members need in the course of their investigation, with respect to the complaint.
5. The fact finders' report shall go to the vice-president of Human Resources and/or vice-president, Student Affairs within thirty (30) days after the date of being appointed. Copies of the report will be forwarded to all parties involved.
6. A written response to the report will be given to the complainant and respondent(s) from the vice-president, Human Resources and/or vice-president, Student Affairs, or designate, within ten (10) days of receiving the report. If, in the event the resolution of the complaint requires disciplinary action, the complainant will be advised that under Freedom of Information they will not know the detail of any action, if taken.
Consequences of policy violation
Where it is found that a violation of the policy has occurred through the fact finding report, the college may take disciplinary action including, but not restricted to, the following:
1. Warning: A written notification that continuation or repetition of conduct found to be in violation of the college's policy on harassment/discrimination will be cause for further disciplinary action up to and including dismissal.
2. Disciplinary: A directive from the college which specifies certain directive behaviour with which the party(s) must comply, which may include counselling and/or sensitivity training. If the directive is disregarded, further action will be taken.
3. Suspension: A written notification of exclusion from attending work or class for a specific period of time. Suspension may include exclusion from a campus and property belonging to the college.
4. Dismissal: Termination of student, employee status, governor, contractor, subject to any grievance procedure or Student Rights and Responsibilities etc.
Confidentiality
1. Protection of individual privacy
  All aspects of an investigation (i.e. conversations, documents, identities of the parties) are protected by the Freedom of Information and Protection of Individual Privacy Act.
  
  Parties to a complaint will be advised to refrain from discussing the complaint with anyone else, except their designated representative. All parties will be informed of the consequences if there is a breech in confidentiality.
2. Records of complaints
  Contents of meetings, interviews, investigations, reports and recommendations and any other material related to the complaint will be collected and stored in a sealed envelope in numbered files, to ensure confidentiality and will be retained in Human Resources. The files will be cross-referenced to a list of names of complainant/respondent, date and file number. The file may be opened if a subsequent complaint is filed, or at the request of the Human Rights Commission or under subpoena.
Prevention and education
Human Resources and Student Services, in cooperation with the bargaining units, administrative staff and students will develop education/prevention initiatives that will include:
1. All current and new students, employees, and contractors to receive a copy of Harassment and Discrimination Policy and Procedures.
2. An opportunity for managers, supervisors, and others in authority to be informed of their responsibilities under the policy and the Code to create and maintain an environment free from harassment and discrimination, as well as be made aware of their rights. They will also be informed of the complaint procedures and various internal and external mechanisms available.
3. Posting the policy in public view to notify visitors and guests.
Reprisals
Individuals have the right to file a complaint of harassment and/or discrimination, and participate in an investigation by the college. Anyone who subjects an individual to reprisals will be subject to investigation by the vice-president, Human Resources, or designate, and may lead to disciplinary action.
Rights to seek resolution outside the college
This procedure is to ensure that the college, its staff, students, board members, contractors and visitors, comply with the college policy on harassment/discrimination. However, it does not preclude any individual from seeking other options available, such as the Ontario Human Rights Commission, the Ontario or federal courts and/or any other public agency and/or the collective agreement(s).
Counselling
All parties will be encouraged to obtain counselling; recognizing the serious impact that harassment and discrimination has on an individual's psychological well-being The college will assist in any way deemed reasonable at the request of either party.