Employee Code of Conduct Policy

Policy Number: CS-1321-2024

Policy Title: Employee Code of Conduct Policy

Policy Owner: Chief Human Resources Officer

Effective Date: June 24, 2024

Last Revised: June 24, 2024

On the this page:

Purpose
Application and Scope
Definitions
Principles
Accountability and Compliance
Roles and Responsibilities
Rules
Policy Revision Date
Attachments
Specific Links

1. Purpose

As a college community, we strive to be fair and inclusive in all our interactions, practices, and processes. Mohawk College (the “College”) is committed to upholding College members’ sense of belonging, knowing this is integral to our collective working experience and well-being.

The purpose of this Employee Code of Conduct Policy (hereinafter referred to as “The Code”) is to:

Emphasize the College’s values as the basis for all we do and how we appropriately interact with others.
Outline the foundational professional conduct standards and expectations for all Mohawk College employees.
Provide everyone who learns and works at the College with an inclusive, welcoming, and supportive environment.
Articulate the College’s commitment to maintaining a safe and healthy work environment which fosters learning, development, and dignity; and
Ensure Mohawk College remains a trusted public institution, community partner, and educational destination for students, employees, and community members.

2. Application and Scope

The Code applies to all Mohawk College employees at all times, in all settings, and through all mediums. As public representatives of the College, all employees are expected to adhere to The Code while performing work, while representing the College at external events, at work related social events, or in forums which they can be linked as an employee of the College. The Code’s application also extends to behaviour on any information technology (IT) platforms owned or leased by the College. Additionally, employees may be subject to discipline for engaging in misconduct outside of the workplace, depending on the circumstances. Members of the Mohawk College community, as defined by this document, are also governed under The Code.

The Code works in conjunction with relevant legislation and does not exclude or replace the rights and obligations of any individual under provincial or federal law.

Students studying at Mohawk College are governed by the Student Behaviour Policy. In circumstances where students are both an employee and a student (e.g., CSEP students, co-op students, interns, placement students), The Code supercedes the Student Behaviour Policy in the employment context.

The Code does not apply to Mohawk College’s Board of Governors members, who can refer to the Governor’s Code of Conduct. The Code also does not govern Mohawk Foundation Board of Directors, who can refer to the Director’s Code of Conduct.

The Code serves as an umbrella policy providing guidance and foundational principles to issues and procedures found in all Mohawk College corporate policies. It is important to note that, as appropriate, issues or complaints will be reviewed centrally and be redirected/managed under the appropriate policy.

This Code was developed to help employees maintain a collegial workplace. It offers direction regarding how employees should treat each other with respect, regardless of background, position or status within the organization. It also provides guidance for appropriate decision-making. The Code, however, is not intended to be a comprehensive list covering all possible behaviours or situations. It also doesn't replace any other Mohawk College policy, applicable law, or collective agreement. If you have a question, or you are looking for guidance on The Code, ask your manager or contact your Human Resources Strategic Partner.

Other policies exist that provide additional guidance on specific issues (see Specific Links section at the end of this document).

3. Definitions

“Actual conflict of interest” refers to an employee, the employee’s family member or a person with whom the employee has a close personal relationship, has a private or personal interest that influences the employee in the exercise of their College duties and responsibilities.

“Conduct” means a way or standard of personal behavior especially as based on ethical principles.

“Conflict” is a physical or verbal struggle or disagreement between people.

“Employee(s)” include part-time, contract, sessional, partial-load, and full-time Academic, Administrative, and Support employees, contractors, consultants, volunteers, and all other personnel who are conducting work for and/or representing Mohawk College. In circumstances where students have a dual relationship as an employee and a student (e.g., CSEP students, co-op students, interns, placement students), The Code supersedes the student behavior policy in the employment context.

“Members of the Mohawk College community” means Employees, volunteers, consultants, and Contractors.

“Microaggression” is a statement, action, or incident regarded as an instance of indirect, subtle, or unintentional discrimination against members of a marginalized group, examples Indigenous peoples, Black and racialized persons, women, persons with disabilities and persons who identify as 2SLGBTQIA+ which stands for Two-Spirit, lesbian, gay, bisexual, transgender, queer and/or questioning, intersex and asexual, and all other manners in which an individual may identify on the gender identity spectrum.

“Perceived conflict of interest” exists when a reasonably well-informed individual could properly have a reasonable belief that an employee will be influenced in the performance of their duties by considerations relating to the employee’s, the employee’s family member or a person with whom the employee has a close personal relationship, private or personal interests.

“Personal Relationships” in the context of The Code refers to relationships where one party evaluates the work or has influence over the success of the other party, which may give, even if just through perception, undue access/advantage to one party or restrict opportunities for others.

“Professional” means consistently achieving high standards, both visible to and out of the public’s sight, regardless of our role or profession.

“Settings” refers to work conducted on-site and off-site, including hybrid work locations, campuses or properties owned or leased by the College. Employees are also expected to adhere to The Code while representing the College at external events.

“Work Mediums or Mediums of Work” include behaviour on any information technology (IT) platforms owned or leased by the College. This includes e-mail, chat, web postings, electronic presentations, virtual meetings, and text messaging.

4. Principles

At Mohawk College, our mission is to educate and prepare highly skilled graduates for success and contribution to the community, Canada, and the world. Our values are the foundation for The Code, which is designed to promote ethical decision-making and behaviours.

Our values guide our actions and decisions, define our innovation culture, and focus on students, employees, and community. Our values are:

We are student focused. We support and resource our employees to provide excellent student services.

We are committed to excellence. We strive to consistently define and demonstrate exemplar practices, such as communication through universal learning standards, inclusive language, and clear conflict resolution methods.

We engage with our community. We are responsive to, and collaborative with, the various communities we serve.

We are inclusive. We strive to attract, support and retain employees with talents that are reflective of our communities, i.e., employees of various cultural backgrounds, locations, spiritual beliefs, sexual and gender identities, ages, familial relationships, abilities, classes and intersectionalities.

We are accountable. We act with integrity.

5. Accountability and Compliance

5.1 Accountability Framework

This policy has been approved by the Senior Leadership Team.

5.2 Compliance

The Chief Human Resources Officer is responsible to ensure that the information within The Code is applied and that all actions comply with relevant legislation, policies, collective agreements, and terms and conditions of employment. All employees are required to complete training as identified.

5.3 Non-compliance implications

An employee who demonstrates behaviour that does not comply or is inconsistent with the standards of professionalism contained in this document may be subject to disciplinary action.

Employees who fail to comply with the principles and responsibilities outlined in The Code may be subject to disciplinary action, up to and including termination of employment.

6. Roles and Responsibilities

Mohawk College is committed to remaining a trusted public institution, community partner, and educational destination for students, employees, and community members to learn, work, and thrive. We believe we all have a role to play to ensure that the College is an equitable and safe place.

In many cases, the issue of whether our conduct is appropriate depends on the context. In a diverse organization like the College, we must also consider the cultural differences that influence our behaviours and how these behaviours may be interpreted. We must also remember all members of the College community have a right to freedom of speech and expression, in accordance with the College’s policy statement on Upholding Free Speech. The Code describes the expected conduct of all members of the College community, including when we exercise our academic freedom.

All employees are expected to treat each other with dignity, respect, and consideration. Our respect is not related to whether we agree with the perspectives of others. We must respect the right of others to make their views known. We also strive to manage conflict with others in ways that are respectful rather than adversarial. It is our collective responsibility to educate ourselves and be mindful of our communication and actions to avoid microaggressions and other similar and harmful impacts of our behaviour.

6.1 Employees Role

All employees will:

Stay informed of and adhere to College policies and procedures.
Enjoy the rights and freedoms recognized by law, collective agreements, and The Code.
Experience barrier-free, bias-free, and impartial processes.
Work in a safe and respectful work environment that is inclusive, welcoming, and supportive for all.
To disclose concerns without fear of retaliation or reprisal.

6.2 College Role

The College will:

Address concerns that violate the law, a collective agreement, and/or College policies.
Uphold an environment that is respectful, safe, and conducive to working and learning for all students, employees, and visitors.
Expect all employees to follow all policies of the College, including those governed and/or implemented by legislation.

The College has the responsibility to:

Ensure that Equity, Diversity & Inclusion (EDI) and Indigenous people's knowledge and experiences are adequately considered when addressing individual complaints and proceeding throughout the complaint process.
Ensure The Code’s information is known and accessible to employees and the Mohawk Community where necessary
Provide employees and managers with access to training and education about policies and procedures. Provide ongoing support strategies and resources.
Foster a safe, healthy and supportive environment, by responding consistently and equitably to complaints or requests for assistance.
Support Managers with implementing The Code, and all other College policies and procedures including providing support, coaching and disciplinary action up to and including terminations.
Maintain an environment that is respectful, safe, and conducive to working and learning for all students, employees, clients, colleagues and the public.

6.3 Managers' Responsibilities

All managers will:

Ensure that employees understand the College’s values and expectations regarding conduct during the course of their employment with the College.
Support an environment that is respectful, safe, and conducive to working and learning for all students, employees, and visitors.
Ensure policies and procedures are consistently applied.
Provide guidance for employees to best follow all policies of the College, including those required by legislation.
Listen to employees’ concerns and give proper consideration to how they seek to address them in coordination with the Union where appropriate and where applicable.
Assist employees in identifying the appropriate policy for raising an issue.
Assist employees with the support and resources required to resolve conduct issues.

6.4 Human Resources (HR) Responsibilities:

Human resources will:

Provide all new employees with a copy of The Code to review and sign, acknowledging that they have read the document as part of their orientation.
Provide employees and managers with timely support and resources.
Provide advice, guidance and education to managers when Code issues arise.

7. Rules

7.1 Standards of Performance

No employee’s conduct shall impede or interfere with other employees carrying out their duties. All employees have the responsibility to:

Uphold the College Vision, Mission, and Values.
Conduct themselves in accordance with The Code at all times.
Be aware of and comply with all Mohawk College policies that are relevant to their position and job responsibilities, as well as review revised policies in a timely manner.
Be aware of and comply with any legislation and/or regulation that is related to their job duties, including those of any province and/or country in which they are representing the College.
Provide exceptional customer service to students, clients, colleagues, and the public.
Take reasonable steps to protect confidential information and disclose confidential information only in accordance with College policies or as required by law.
Meet job expectations without impeding others from performing their own duties or studies.
Participate in the relevant performance evaluation processes.
Not act in any manner that is illegal, harmful, or threatening to others or that is disruptive, abusive, intimidating, or that vandalizes College property.
Not publicly disparage or discredit the College, co-workers, or the management team, which may, in turn, harm the reputation of the College or detrimentally impact enrolment.
Not claim to speak or act on behalf of the College, unless you have been authorized to do so, or to imply a connection between their personal comments or opinions and the College.

7.2 Professional Standards

All employees will:

Act and present oneself in an appropriate manner that can withstand close public scrutiny, conducting themselves in a way that reflects positively on the College. Employees must also ensure that their off-duty conduct does not place the reputation of the college at risk.
Remain transparent and accountable and demonstrate ethics and integrity at all times.
Act with integrity giving due credit to the contribution of others.
Maintain professional skills and knowledge and keep up-to-date in respective areas of expertise.
Make decisions in the best interest of the College, without bias, using diligence and good judgement
Maintain an environment that is respectful and where appropriate behaviour is followed, expected, valued, and promoted.
Professionally address concerns that may violate laws, collective agreements, and/or College policies.
Behave in ways that promote and maintain a safe and secure work environment.
Respect the dignity, uniqueness, and diversity of the Mohawk College community and treat others with respect in the workplace.
Be honest, respectful, courteous, and supportive to all persons, whether they are students, members of the public, or other employees.
Respect the environment by managing and caring for College resources in a publicly defensible and environmentally prudent way.
Report, in good faith, any real or perceived unethical conduct or violations of policies, procedures and legislature.
Seek guidance from ones Manager or the Human Resources Department if questions or concerns arise that may pertain to this policy.
Not use information and communication technologies (business or personal), including email, messaging, and social networking sites in a way that is intended or has the potential to harm a college community member or the reputation of the College.

7.3 Personal Relationships

There is an inherent imbalance of power between employees and students at educational institutions. This creates the potential for conflicts of interest, exploitation, favouritism, and bias to exist and/or the perception of these to exist. As such, relationships that go beyond the professional interactions between employees and students may undermine the real or perceived integrity of any supervision, support or evaluation provided by employees.

For the purposes of this section, “Personal Relationships” are defined as: Relationships where one party evaluates the work or has influence over the success of the other party, which may give, even if just through perception, undue access/advantage to one party or restrict opportunities for others.

The following terms apply to all employees:

Any act of sexual misconduct or sexual violence is strictly prohibited, this includes:
1. Physical sexual relations with a student, touching of a sexual nature or behaviour or remarks of a sexual nature where:
  1. The act constitutes an offence under the Criminal Code; or
  2. The act infringes the right of the student under the Human Rights Code to be free from a sexual solicitation or advance, and to be free from reprisal or threat of reprisal for the rejection of sexual solicitation or advance.
2. If a complaint is filed against an employee, the College will proceed to handle the complaint under the terms outlined in the College’s Sexual Assault and Sexualized Violence Policy.
3. Employees in a position of influence, or perceived influence, over a student’s marks, academic interests, access to education, or other matters shall not become involved in a business or personal relationship (which includes a romantic and/or sexual relationship) with that student for the duration of the professional relationship or evaluative role. In all dealings with students, employees shall ensure that their own behaviour is consistent with all aspects of The Code.
4. Employees will maintain professional relationships with current students at all times, both in and out of the classroom. Employees will not solicit, encourage or engage in an inappropriate written, verbal or physical relationship with a student.
5. Employees must disclose a sexual relationship or personal relationship where the employee is in a position of influence to the Chief Human Resources Officer.
6. Employees must also disclose to the college any personal relationships with a current or prospective employee which may give rise to an actual or perceived conflict of interest.
7. Employees will utilize good judgement in avoiding or dealing with conflicts of interest in accordance with the College Conflict of Interest policy and procedure.
8. Employees who become involved in a situation where a personal relationship is a source of actual or perceived conflict of interest must withdraw from the situation giving rise to the conflict.

7.4 Appropriate Use of Social Media/Learning Management Systems

All members of the Mohawk community are responsible for ensuring that anything they post to social media sites or Mohawk’s learning management system is appropriate, respectful, accurate and in compliance with the expectations outlined in The Code, the Social Media Guidelines, the Acceptable Use of Technology policy/procedure/practice and other college policies.