Respectful Workplace (Anti-Harassment and Anti-Discrimination) Policy

Policy Number: CS-1317-2012

Policy Title: Respectful Workplace (Anti-Harassment and Anti-Discrimination) Policy

Policy Owner: Chief Human Resources Officer (CHRO)

Effective Date: February 1, 2012

Last Revised: February 29, 2024

1. Purpose

Mohawk College (the “College”) is committed to ensuring a respectful and safe working and learning environment that recognizes the dignity and worth of all employees and students and in which all individuals are treated with respect. As a college community, we strive to be respectful and inclusive in all our interactions, practices, and processes. We make every effort to preserve the sense of dignity and belonging of all our diverse members, knowing that this is integral to our collective work experience and well-being.

The College is committed to provide a learning environment free from all forms of harassment, discrimination and disrespectful behavior. The College will enforce the rights and responsibilities of the Human Rights Code (“Code”) and the workplace harassment provisions of the Occupational Health & Safety Act (“OHSA”).

The College recognizes its responsibility under the OHSA to prevent and respond to any workplace harassment affecting or concerning its employees. The College is committed to preventing, identifying and correcting conduct that would result or has resulted in workplace harassment or discrimination.

The Respective Workplace (Anti-Harassment and Anti-Discrimination) Policy (the “Policy”) is consistent with the Human Rights Code and the OHSA and should be read in conjunction with the applicable collective agreement provisions.

The purpose of this policy is to:

Develop and maintain a work and learning culture that is grounded in equity and inclusion which does not tolerate any forms of discrimination and/or harassment;
Communicate employees’ rights, responsibilities and types of conduct that are covered by the Policy;
Provide supportive resources, including training and coaching, to foster a respectful work and learning environment;
Outline the procedures for responding to allegations of discrimination and harassment. The procedures aim to provide people with multiple options for resolving harassment and discrimination concerns, including a complaint and investigation process and alternative resolution options.

Employees are personally responsible for their behaviour and conduct at all times and the College equally expects every employee to conduct themselves at work, whether in person or online, in a way which supports the College’s commitment to a safe and respectful working and learning environment.

2. Application and Scope

Ensuring the College is free of discrimination and harassment is a shared responsibility therefore this Policy applies to all employees (union and non-union) and volunteers, regardless of work mediums, in that it reinforces that all employees and volunteers are entitled to be free from harassment and discrimination by other employees and volunteers; and it also prohibits all harassment and discrimination by employees and volunteers towards students.

This Policy also applies to all students in that they are prohibited from harassing and discriminating against employees and volunteers. Students at Mohawk College are governed by the Student Human Rights Policy, however, in circumstances where students have a dual role as an employee and a student (e.g., CSEP students, co-op students, interns, placement students), the student employee is governed by both the Respectful Workplace Policy and Student Human Rights Policy. The student will adhere to the policy according to the circumstances of their role.

This Policy applies to all harassment and discrimination occurring on campus; off campus at college related events; in the course of work assignments or placements off campus; and, during work-related travel. It applies to harassment by employees who communicate harm indirectly and directly by means of computers, mobile phones and other electronic devices. This includes social media websites, apps, emails, texts and voice messages during and outside business hours. It may also apply if harassment and discrimination occur outside the workplace but have a direct link to, and/or an adverse effect on, employee relationships in the workplace.

3. Definitions

“Abuse of Authority” involves an individual using undue authority or power related to their position with the intention of compromising an employee’s job performance and adversely affecting their career.

“Bullying” may include acts or verbal comments that could psychologically hurt or isolate an individual in the Workplace. Bullying usually involves repeated incidents of a pattern of behaviour which intimidates, degrades, humiliates and ultimately undermines the self-confidence of an individual. It is generally repetitive, although a single serious incident of such behaviour may constitute bullying if it has a lasting harmful effect.

“Complainant” is the person who brings a complaint forward under this Policy because the person was the target of or a witness to harassment or discrimination.

“Cyberbullying” Cyberbullying is a form of harassment. Borrowing from the definition in the Intimate Images and Cyber-protection Act of Nova Scotia, cyberbullying is “an electronic communication, direct or indirect, that causes or is likely to cause harm to another individual’s health or well-being where the person responsible for the communication maliciously intended to cause harm to another individual’s health or well-being or was reckless with regard to the risk of harm to another individuals’ health or well-being.

“Discrimination” is any form of unequal treatment, whether intentional or not, that is based on the “Protected Grounds” under Code. In general, workplace discrimination includes but is not limited to any act, rule, standard or practice that intentionally or unintentionally causes a type of disadvantage prohibited by the provisions of the Ontario Human Rights Code.

Systemic (Indirect) Discrimination is the use or application of a requirement, either in policy or in practice, that has a negative impact on an identified group on the basis of a prohibited ground. Systemic discrimination occurs when policies or practices by their very nature exclude, limit or restrict members of designated groups from employment or opportunities within employment.

Examples of discrimination may include, but are not limited to:

Refusal to work with, or differential treatment of a person on the basis of the prohibited grounds
Decisions of recruitment, promotion, pay increases or employment practices based in whole or in part on one or more of the prohibited grounds
Indirect actions and behaviours such as microaggressions.

“Employee” An employee, sometimes referred to as personnel or a worker, is a person employed for wages or salary at the College. An employee is a person who performs work or supplies services for monetary compensation. Employees include part-time, contract, sessional, partial-load, and full-time Academic, Administrative, Support employees, contractors, consultants, and all other personnel who are conducting work for and/or representing Mohawk College.

Other people who may be considered an employee include:

A secondary school student who performs work or supplies services without pay. They work as part of a work experience program authorized by the school board that manages the school in which the student is enrolled.
A person who performs work or supplies services for no monetary compensation under a program approved by a college of applied arts and technology, a university, a private career college or other post- secondary institution.
Other persons approved to perform work or supply services to the college for no monetary compensation.

“Investigator” is a Manager of Human Resources or designate or any third-party investigator who may be retained to conduct investigations under this Policy. The College reserves the right to retain an external third party to investigation allegations against Senior Management, Human Resources staff or other employees depending on the situation.

“Manager” is the individual to which an employee directly reports, and includes supervisors as defined by the OHSA.

“Microaggressions and Microinsults” Microaggressions and microinsults are forms of discrimination and harassment. Microaggressions are statements, actions, or behaviours regarded as indirect, subtle, intentional or unintentional discrimination against members of a marginalized groups such as 2SLGBTQIA+. Disrespecting, expressing insensitivity and diminishing a person's racial culture or identity is referred to as microinsults. It is important to note that although micro is used as part of these terminologies, they are not small, but have a harmful and negative impact on marginalized people over time.

“Poisoned Work Environment” is an environment that can arise from hostile, unwelcoming, insulting or degrading comments or actions being made in the workplace, regardless of who the comments or actions are being directed towards as assessed by a reasonable, objective observer.

For example: Being subjected to offensive jokes about members of a Protected Group.

"Power Imbalance” is a situation where one party is able to dominate decision-making or otherwise asserts power in ways that disadvantages other parties or are not in the best interest towards achieving a constructive, respectful relationship.

“Prohibited Grounds” are a collection of possible statuses that a person has, or a group they identify as belonging to, that are protected under the Human Rights Code from discrimination and harassment in employment, services, goods, facilities, and housing. An individual can identify as belonging to more than one protected ground or group. The protected grounds are:

Race
Ancestry
Place of origin
Colour
Ethnic origin
Citizenship,
Creed
Sex (includes pregnancy and breastfeeding)
Sexual orientation
Gender identity
Gender expression
Age
Record of offences
Marital status
Family status
Disability

“Respondent” Sometimes referred to as the alleged offender, the respondent is the person named by the complainant who is alleged to have engaged in harassment or discrimination under this Policy.

“Support Person” A support person is an individual that accompanies a complainant, respondent or witness to investigation meetings. Their purpose is to provide emotional support. They may take notes on behalf of the person they accompany. They are not permitted to question or make comments during the proceedings. Possible types of support persons include, but are long limited to interpreters, individuals that assist people with disabilities, elders or knowledge keepers, union representatives, friends, and relatives. Support persons are commonly not legal advisors or lawyers, and should not be anyone who has a potential or real conflict of interest with the situation. The direct manager, members of the HR team, or senior leadership may need to be engaged if questions about the appropriateness of a specific support person are identified/raised.

“Trivial, Frivolous or Malicious Complaints” are those with no merit. Malicious complaints are those which are made in bad faith with the intent to harm the Respondent.

“Work Mediums” refers to a broad range of communication or work actions taken to accomplish assigned work, including behaviours both in person, and on any information technology (IT) platforms owned or leased by the College. This includes e-mail, chat, web postings, social media, electronic presentations, virtual meetings and text messaging.

“Workplace” is any location where any employee is carrying out any work-related function. The meaning of workplace may also be extended if harassment and discrimination occur outside the workplace but has an adverse effect on employee relationships in the workplace. This may include work-related social functions, training and conferences, during work-related travel, at restaurants, hotels or meeting facilities being used for business purposes, during telephone, e-mail or other communications.

“Workplace Harassment” is defined in the OSHA as

(a) a course of vexatious comment or conduct that is known or ought reasonably to be known to be unwelcome; or

(b) workplace sexual harassment.

Harassment can also result from a serious single comment or action, and it does not matter whether the harasser was intending to harm or annoy the other person. Workplace harassment can involve unwelcome words or actions that are known or should be known to be offensive, embarrassing, humiliating, or demeaning to an employee or group of employees in a workplace. It can also include behavior that intimidates, isolates, or discriminates against the targeted individual(s).
Examples of workplace harassment may include, but are not limited to:

Examples of this type of harassment include: Making remarks, jokes or innuendos that demean, ridicule, intimidate or offend;
Displaying or circulating offensive pictures or materials in print or electronic form;
Bullying;
Making repeated offensive or intimidating phone calls or emails;
Gossiping or spreading rumors;
Belittling an employee’s opinions; and/or
Making false or unfounded complaints against someone.

In addition to contravening this Policy, workplace harassment may violate the Human Rights Code, where the course of comment or conduct is linked with a Prohibited Ground under the Human Rights Code.

Examples of discriminatory harassment may include, but are not limited to:

Unwelcome remarks, jokes, innuendos, or taunting that disparage or ridicule a person's membership in one of the protected grounds
Practical jokes of a racial or religious nature which cause awkwardness or embarrassment
Displaying or electronically transmitting racist pictures, jokes or other offensive material
Condescending or paternalistic behaviour which undermines self-respect based on a person's membership in one of the protected grounds
Offensive gestures based on a person's membership in one of the protected grounds
Refusing to converse or work with an employee because of their race or ethnic background, or for any other protected ground under the Ontario Human Rights Code
Imitating a person's accent, speech or mannerism.

Harassment does not include:

Reasonable action taken by the College or a manager relating to the management and direction of employees or the workplace even if there are unpleasant consequences for the employee.

Examples include:

Appropriate direction, delegation or discipline administered under the course of supervision.
Job assessment and evaluation
Workplace inspections
Requesting medical documents in support of an absence from work or accommodation
Disciplinary action
Normal workplace conflict that may occur between individuals or difference of opinion or minor disagreements between employees.

Differences of opinion or minor disagreements between employees, so long as opinions and disagreements do not infringe upon any of the protected grounds stated in the Human Rights Code;

“Workplace Sexual Harassment” is defined in the Occupational Health and Safety Act as:

(a) engaging in a course of vexatious comment or conduct against an employee 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 employee, or

(c) taking or threatening a reprisal against an employee who has rejected a sexual solicitation or advance made by a person in a position to confer, grant or deny a benefit or advancement to the employee.

Examples include but are not limited to:

unwanted remarks, jokes, innuendoes or taunting about a person’s body, attire, gender, gender identity, gender expression, or sexual orientation;
unwanted physical contact of a sexual nature such as touching, kissing, patting, hugging, or pinching;
advances that are unwelcome or ought reasonably to be known to be unwelcome, including unwanted touching, flirtation, propositions, requests for sexual favour or other verbal or physical conduct of a sexual nature.
unwelcome inquiries or comments about a person’s sex life or sexual preference;
leering, whistling, or other sexually suggestive or insulting acts or sounds;
posting or displaying (including electronic publication of) offensive materials of a sexual nature;
unsolicited sexual advances or demands for sexual favours;
inappropriate jokes of a sexual nature; and/or,
sexual assault (also an offence under the Criminal Code).

“Workplace Violence” includes but is not limited to:

a) the use of physical force against or by a worker that causes or could cause physical injury including but not limited to, physical acts such as punching, hitting, kicking, pushing, damaging property or throwing objects;

b) the attempted use of physical force against or by a worker that could have caused physical injury; and

c) an action or statement (or series of actions or statements) reasonably believed to be a threat of physical harm or as a threat to safety or security in the workplace.

Examples of workplace violence can include, but is not limited to:

Physically threatening behavior such as shaking a fist at someone, destroying property, throwing objects
Verbal or written threats to physically attack a worker
Leaving threatening notes or sending threatening emails
Wielding a weapon at work
Engaging in stalking behaviour of any employee
Physically aggressive behaviours including hitting, shoving, standing excessively close to someone in an aggressive manner, pushing, kicking, throwing an object at someone, physically restraining someone or any other form of physical or sexual assault

Violence that occurs outside the normal workplace but which has an impact on the working environment, including working relationships, may also be considered violence in the workplace.

Acronyms and Short Forms

2SLGBTQIA+: Two-Spirit, Lesbian, Gay, Bisexual, Transgender, Queer, Questioning, Intersex, Androgynous and Asexual and other ways people identify their sexuality.

CEDIO: Chief Equity, Diversity Inclusion Officer

CSEP: Campus Student Employment Program

CHRO: Chief Human Resources Officer

The Code: The Human Rights Code

EFAP: Employee and Family Assistance Program

HR: Human Resources

HRSP: Human Resources Strategic Partner

IT: Information Technology

OHSA: The Occupational Health & Safety Act

SRRO: Student Rights and Responsibility Office

4. Principles

At Mohawk College, our values guide our actions and decisions, define our culture of innovation, and emphasize our focus on students, employees and the 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, transparency and base our decisions on data evidence.

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 (CHRO) is responsible for monitoring the effectiveness of this Policy and Appendix A - Procedures.

The CHRO will ensure that employees are provided with appropriate information and instruction on the content of this Policy and Appendix A – Procedures.

6. Roles and Responsibilities

6.1 The College is Responsible:

To take reasonable, preventative measures to protect employees and others in the Workplace from workplace discrimination, harassment and violence
To ensure that all employees are trained in this Policy
To post this Policy in a conspicuous place in the workplace
To ensure that this Policy is communicated to contractors and other persons who attend Workplaces
To establish a process for reporting and responding to incidents of workplace discrimination, harassment and violence
To ensure the process for reporting and responding to incidents of workplace discrimination, harassment and violence is communicated, maintained and followed
To ensure that this policy is reviewed at least annually

6.2 All Employees (including Managers) are responsible for:

To comply with this Policy at all times and refrain from engaging in any behaviour that constitutes workplace discrimination, harassment or violence;
Treating others with respect in the workplace and working together in a professional and respectful manner regardless if in person or online;
Reporting harassment and discrimination to the individual’s immediate manager (or that individual’s manager if the immediate manager is the person being complained about) or, Human Resources in accordance with Appendix A – Respectful Workplace, Harassment and Discrimination Complaint Procedures;
Cooperating and participating with a harassment or discrimination inquiry or investigation in good faith and respecting the privacy of others involved and the confidentiality related to the inquiry or investigation process;
Attend training and information sessions provided by and/or required by the College to reduce incidents of harassment and discrimination.

6.3 All Employees (including Managers) can expect:

A harassment and discrimination free workplace;
That reported harassment and discrimination will be investigated in a confidential, timely and effective manner, and should allegations be substantiated, that appropriate action will be taken in a timely manner;
To be treated in accordance with this Policy and Appendix A – Procedures;
To be protected from retaliation for reporting harassment and discrimination or for participating in an inquiry or investigation.

6.4 Managers are responsible for:

Ensuring that no employees are subjected to harassment or discrimination in the workplace;
Fostering a harassment and discrimination-free work environment and setting an example about appropriate workplace behaviour;
To communicate and review this Policy with the employees they supervise or manage;
To adequately train employees on the Policy, ensuring they are familiar with their roles and responsibilities in preventing discrimination, harassment and violence, and the process for reporting concerns, as well as the procedures for investigation and following up on such incidents;
To encourage employees to report complaints or incidents of workplace discrimination, harassment and violence;
Dealing with harassment and discrimination situations immediately and with sensitivity upon becoming aware of them, whether or not a harassment or discrimination complaint has been made.
Dealing with situations of cyberbullying immediately and with sensitivity upon becoming aware of them, whether or not a cyberbullying complaint has been made;
To respond to all complaints or incidents of workplace discrimination, harassment and violence in a professional manner appropriate in the circumstances;
To promptly report all complaints or incidents of workplace discrimination, harassment and violence in a professional manner appropriate in the circumstances;
Taking appropriate action during a harassment or discrimination inquiry or investigation. Though the parties are expected to cooperate with the investigation, if they do not, the manager is still responsible for completing the resolution process;
Ensuring the entire harassment or discrimination resolution process is dealt with in a sensitive and confidential manner in accordance with this Policy and Appendix A – Respectful Workplace, Harassment and Discrimination Complaint Procedures.

7. Policy Revision

As required by the Occupational Health and Safety Act, Mohawk College will review this Policy annually and will post the policy in a conspicuous place in the workplace. The Joint Health and Safety Committee members will also review this Policy and provide recommendations that will aim to enhance its content.

7.1. Revision Date

February 2025

7.2. Responsibility

This policy will be reviewed annually.

The CHRO will review this Policy and Appendix A – Harassment and Discrimination Complaints Procedures annually or earlier if necessary.

The CHRO will do so in consultation with the College’s Health and Safety Committee for those provisions relating to the OHSA.

8. Attachments

Appendix A – Harassment & Discrimination Complaints Procedure
Attachment 1 – Formal Complaint Form

9. Specific Links

Appendix A - Harassment & Discrimination Complaints Procedure

1. Overview

The Chief Human Resources Officer (“CHRO”) is responsible for providing support and subject matter expertise related to this Policy.

Any individual may seek confidential advise or assistance from the Human Resource Manager or designate on how to deal with a situation of discrimination or harassment and how to make a complaint if necessary.

The following Procedures support the College’s Respectful Workplace Policy for Employees and set out the options available and the processes to be followed in the event that an incident or complaint of harassment or discrimination comes to, or is brought to, the attention of the College.

2. Risk Assessment

The College shall be responsible for assessing the risk of violence in the workplace that may arise from the nature of the workplace, type of work and conditions of work, taking into account circumstances that would be common to similar workplaces as well as circumstances specific to the workplace. The assessments will be reviewed at least annually to determine if a reassessment is required.

The members of the Joint Health & Safety Committee will receive copies of the completed assessment to ensure employees are aware of potential violence risks and to assist in identifying further risks.

Where a risk is identified, the nature and extent of the risk, as well as any precautions and procedures to eliminate or minimize the risk, will be conveyed to all impacted workers. In addition, the College will take all reasonable steps to eliminate or minimize the risk to the extent possible. Reasonable steps to eliminate or minimize the risk may include such things as training, reviewing and/or revising this Policy, conducting additional assessments or safety reviews, implementing additional policies and/or procedures and/or implementing safety plans.

3. What do I do if I am being harassed or discriminated against or if I witness or reasonably suspect harassment or discrimination of a student or employee?

Harassment and discrimination negatively affects everyone. If you believe you are being subjected to harassment or discrimination, you have witnessed discrimination or harassment, or you reasonably suspect that a student or employee is being harassed or discriminated against, you are encouraged to do the following:

a. Informal Resolution Approaches

This is a voluntary step. If you feel safe to do so, it is your right to inform the offender that the behaviour is unwelcome by verbal or written communication to stop the behaviour. In many cases, when the offender is aware their conduct is unwelcome and will not be tolerated, they stop and the conflict is resolved. Bystanders are also encouraged to speak up and ask an offender to stop.

Some of the things you can say that might stop the behaviour include;

I don't want you to do/say that
Please stop doing or saying that
It makes me uncomfortable when you do/say that
I don't find it funny when you do/say that

b. Document the Conduct

Write or record the offensive conduct as soon as you are able. In your notes, try to answer the following questions:

When did it happen, i.e., time and date?
Who was the person conducting the behaviour, i.e., the offender?
Were their witnesses? If so, who?
What was said and done by the offender?
Did you say and do anything to the offender? If so, what?
What was the offender’s response?
How did this situation impact you?
Did you tell anyone about your experience? If yes, who and when?
By recording the offense, you are remembering as much details about the situation. This will help you when you later report the conduct.

Know that there are support services available through the College and the community. For example, counselling support for employees may be accessed through the EFAP. Speak to you HRSP or SSRO for more information.

4. Who is expected to report an incident or make a complaint?

Where an employee, student or volunteer requires immediate assistance because workplace violence is occurring or is likely to occur, employees should call 905-575-2003 if at College campuses (other than IAHS), or, 905-522-4135 if at the IAHS campus, or, if necessary, 911.

Any College employee, student or volunteer who:

Feels that their rights under the Policy have been violated;
Witness harassment or discrimination of an employee or student; or,
Reasonably suspects that an employee or student is being or has been harassed or discriminated against contrary to this Policy,

Is expected to report the incident or make a complaint under the Policy, in accordance with this Procedure if the individual was unable to speak to the offender, or speaking to the offender was unsuccessful.

5. Where do I report an incident or make a complaint of harassment or discrimination?

If you are a student making a report or complaint, contact the Student Rights & Responsibilities Office (SRRO) who will also contact the Human Resources Strategic Partner (HRSP) if the report/complaint is against an employee.

If you are an employee intern or volunteer making a report or complaint contact your manager and/or HRSP who will also contact the Student Rights & Responsibilities Office if the report/complaint is against a student.

If the alleged Respondent is the manager or supervisor of the individual, the incident or complaint may be reported directly to the Human Resources Manager or designate. However, if a complaint is regarding the conduct of senior management, or staff are uncomfortable or unable to report it internally, the complaint may be reported to an outside party such as the Ministry of Labour.

If an incident of workplace harassment or violence involves a Respondent who is not an employee of the College, a member of the Senior Management team or the Human Resources department will report the incident to that person's employer and/or such other person as the College determines is appropriate in the circumstances.

Nothing in this Policy prevents or discourages an employee from filing an application with the Human Rights Tribunal of Ontario on a matter related to the Ontario Human Rights Code. An employee also retains the right to exercise any other legal avenues that may be available, including filing a grievance if the employee is a member of the bargaining unit.

If you are a contractor or volunteer making a report or complaint contact HRSP who will also contact the Student Rights & Responsibilities Office if the report/complaint is against a student

If the person that you are directed to contact above is the offender, instead contact that individual’s manager.

6. What will happen when I report an incident or make a formal complaint of harassment or discrimination?

Reporting an incident of harassment or discrimination will launch the processes outlined below, beginning with the complaint intake and assessment. A Formal Complaint signifies that the person is requesting a formal investigation into their complaint. The College will nevertheless discuss Informal Resolutions options with the person making the request, if appropriate. A Formal Complaint Form must be completed in writing and submitted to the HRSP or the Student Rights & Responsibilities Officer, and must include the following:

Name(s) of the Complainant(s) and contact information
Name of the alleged Respondent(s), position and contact information (if known)
Names of the witness(es) (if any) or other person(s) with relevant information to provide about the incident (if any) and contact information (if known)
Details of what happened including date(s), time(s), frequency and location(s) of the alleged incident(s)
1. Any supporting documents the employee who complains of harassment may have in his/her possession that are relevant to the complaint
2. List any documents a witness, another person or the alleged harasser may have in their possession that are relevant to the complaint.

You may find the Complaint Form in Appendix B.

The College, through either the Student Rights & Responsibilities Office or the Human Resources Department will conduct an investigation that is appropriate in the circumstances into reported incidents and complaints of harassment or discrimination.

6.1 Complaint Intake and Assessment

In each case, a Complaint Intake and Assessment process will:

Provide the individual making the complaint with a copy of the Policy and Procedures and respond to inquiries;
Obtain the summary account from the person who brought the matter to the attention of the Human Resources Department and/or the Student Rights & Responsibilities Office including any attempts to resolve the matter;
Determine whether the concern raised is covered by the Policy and, if it does not, advise the person of other ways to resolve the situation, if any;
Get a report from of the person who claimed to be harassed or discriminated against if it is someone other than the person who reported the incident or complained;
Compare the claims and reported conduct against the definitions and principles within the policy to assess whether the allegations, if found to be true, would actually be a breach of the policy;
- Such assessment will be conducted by the identified investigator, and will be reviewed by either the CHRO for respondents that are employees and by the Dean of Students for respondents that are students;
Where the allegations, if found to be true, would not constitute a breach of policy, the individual who brought the complaint will be informed and may be directed, where appropriate, towards another course of action to have their concerns addressed. This would end the current procedure;
Where the allegations, if found to be true, would constitute a breach of policy, the next steps within this procedure would be followed.

6.2 Preliminary Investigation

All Complaints or incidents of workplace harassment, discrimination and/or violence will be promptly and fairly investigated as reasonable in the circumstances. The Human Resources Manager or designate may appoint a person or persons, including external third party investigators where necessary, to investigate a Complaint under this procedure (the “Investigator”).

Every effort will be made to protect the privacy of the individuals involved in an investigation and to ensure that the Complainant(s) and Respondent(s) are treated fairly and respectfully. Information about the alleged incident or complaint of workplace harassment or discrimination, including identifying information about any individuals involved, will not be disclosed unless the disclosure is necessary for the purposes of investigating or taking corrective action with respect to the incident or complaint, or is otherwise required by law.

Where the assessment above requires the current procedure to continue (due to an assessment that the allegations, if true, would violate the policy), the following steps will be taken:

Inform the respondent of the allegations, provide them with a copy of the Policy and Procedures, respond to their questions about the process, and immediately obtain their account;
Obtain the respondent’s report of situation, including any attempts to resolve the matter;
The College may suggest an Informal Resolution process when appropriate, and based on the circumstances of the complaint. HR or the SRRO has the option to discuss the potential informal resolution opportunities with the parties. They may ask for the parties' voluntary participation in an informal process after the choices have been explained and offered.
Where appropriate, depending on the circumstances of the complaint, investigate the viability of an informal process by discussing the Informal Resolution opportunities with the parties, explaining and offering these options and seeking their voluntary participation in an informal process. Unless the particular facts of the matter dictate otherwise, the College encourages Informal Resolution processes, recognizing that more formal processes are adversarial and can compromise working and learning relationships in ways that may not serve the individual who is alleged to have been harassed or discriminated against.
Where an informal resolution is not possible, or not appropriate, a Formal Investigation process will begin.

6.3 Informal Resolution

Informal Resolution processes are used, where appropriate, to resolve concerns and complaints in order to move the working and academic relationships forward constructively. They are not engaged in for the purpose of assessing blame or seeking punitive actions against an alleged offender.

Available Informal Resolution processes include:

Management Intervention – where a Manager, HRSP or the SRRO representative speaks on your behalf to the person you believe is harassing or discriminating against you with the goal of resolving the issue;

Mediation –a neutral person, agreeable to both parties, meets with you and the person you identified as harassing or discriminating against you and assists in arriving at a resolution to the conflict;
Training – in some circumstances training can be provided to individuals or the relevant work or academic unit including the person who initiated the complaint and the alleged offender. Some training opportunities are sensitivity awareness, cyberbullying awareness, leadership development or group harassment/discrimination awareness training. Training is not used as an alternative to disciplinary actions if warranted.

The Human Resources Department and Student Rights & Responsibilities Office are committed to explaining these options in more detail so that you can request the option which will provide the quickest and most effective resolution of your complaint. The College nevertheless maintains the right to determine the appropriate process to resolve the complaint.

Any informal resolution must be completed within three months of its initiation.

The results of the Informal Resolution process will be provided to the parties in writing.

6.4 Formal Investigation

In some cases, the College may determine that the matter is not appropriate for informal resolution, or that the matter is too severe to be dealt with informally, and may require a formal investigation. A Formal Investigation will be undertaken if the Informal Resolution process is unsuccessful or the CHRO and/or Dean of Students determines that a Formal Investigation is appropriate.

7. What is a formal investigation and how will it be conducted?

A Formal Investigation involves a neutral individual investigating your Formal Complaint for the purpose of determining whether harassment or discrimination has occurred.

The College may commence an investigation into any circumstances which it believes may constitute a violation of this Policy, notwithstanding that a Complaint has not been made by an employee or other person. Employees, volunteers and students must fully cooperate with any investigation.

A Formal Investigation will be undertaken generally as follows:

A Human Resources staff member, in the case of an employee respondent, or a member of the Student Rights & Responsibilities Office, in the case of a student respondent, will conduct the investigation or, in appropriate circumstances, appoint a qualified investigator external to the College.
The investigation will include separate interviews with the complainant, respondent, and any witnesses with relevant information.
The investigation will be undertaken and completed in a neutral, thorough, and timely manner.
The investigator will make findings of fact by determining what was more likely than not to have taken place and; and will further assess whether or not these constituted harassment or discrimination.
The investigator will prepare a written report of his or her findings of fact, assessments and conclusions, and forward the report to the CHRO in the case of a complaint against an employee, or the Dean of Students in the case of a complaint against a student. The written report is a confidential document for the CHRO or Dean of Students that will not be shared with either the complainant or the respondent.
The CHRO will decide the appropriate action in respect of an employee and the Dean of Students will determine the appropriate action in respect of students. The complainant and the respondent will be advised of the outcome, including any corrective action(s), in person and in writing in accordance with the College’s legal obligations.
Where a complaint is substantiated, a written record of the outcome of the investigation, including corrective action, will be retained on file in the Human Resources Department and/or the Student Rights & Responsibilities Office as per College record retention policies.
Where a complaint is not proven, no record of the complaint will be retained in the respondent’s personnel file or student file, but the investigation file will be retained separately in the Human Resources Department and/or Student’s Rights and Responsibilities Office as per College record retention policies.
During the course of a formal investigation the College will take reasonable interim measures to ensure the safety and wellbeing of the employees and students involved and the integrity of the investigation process.
Information about an incident or complaint of harassment will be kept confidential unless disclosure is necessary for investigation or taking correcting action, or it otherwise required by law.

8. What if someone accuses me or makes a complaint against me?

If an employee, student or volunteer approaches you directly and asks you that you stop engaging in conduct that they find harassing or discriminatory, or tells you that they feel harassed by you, listen carefully, reflect and think before you respond. If you wish, you may tell the person that you would like some time to reflect on their statement and will respond later within a reasonable time frame. You can respond directly to the member or seek out a member of management, the Human Resources team, or the union for assistance.

If a student, employee or volunteer brings a formal or informal complaint against you, you can be assured of the following:

You will be advised of the allegations if such allegations would constitute a breach of the Policy
You will be treated according to this Policy and the allegations considered objectively
You will have a full opportunity to present your side of the story
You will be expected to co-operate fully and in good faith in the investigation process
Upon completion of the investigation, you will be advised of the outcome in person and also in writing
You will be offered support services as appropriate.

9. Do I have to participate in an investigation or other processes under this policy?

You are required to participate in an investigation under this Policy. The College expects that every employee and student will cooperate and participate fully in good faith in any investigation under this policy that he or she is requested to participate in. Processes related to these matters are held to a high standard of confidentiality, and so are all those who are required to participate in these processes. Participation in mediation is voluntary.

10. Am I able to have someone attend an investigation with me?

Yes. Complainants, respondents and witnesses who are unionized may attend an investigation interview with a union representative as a support person. The union representative is expected to maintain confidentiality in respect of the complaint and the investigation.

Complainants, respondents and witnesses who are students or who are non-unionized may attend an investigation interview with an individual as a support person with the agreement of the investigator who will have the right to assess the appropriateness of the chosen support person in order to protect the integrity of the investigation.

If the investigator determines that it would be a conflict of interest or otherwise negatively impact the integrity of the investigation for the chosen support person to participate, the investigator retains the right to require the individual to select a different support person.

External legal counsel are not permitted to participate in an investigation or informal resolution process.

11. Do I have to continue to deal with the respondent during resolution or an investigation?

Interim measures may be taken depending on the complaint and if safety and wellbeing are a concern. Measures may include:

Separating the parties
No contact between the parties
If there is an allegation of cyberbullying, it is important to remove, delete, or block messages from being sent electronically about either party.

12. Do I have the right to withdraw my report or complaint?

Yes. A person who has reported an incident or made a complaint of harassment or discrimination may withdraw the complaint at any stage in the process. The College, however, may be continue to address the issue identified in the complaint and/or report. This is important to alleviate a poisonous work and learning environment and to respect their legal responsibilities.

13. Will the complaint, response, content of the investigation and report remain confidential and private?

It is expected that all parties involved in a harassment or discrimination report or complaint will respect the privacy and confidentiality of all other parties involved. It is imperative to limit discussions to those who need to know in order to protect the integrity of the process.

Disclosure of information is only necessary for the purpose of investigating or taking corrective action regarding the incident or complaint, or if it is otherwise required by law. This may include identifying information about the individuals involved.

Confidentiality does not mean anonymity. The respondent will be informed of the identity of the individual who made the allegations in both the informal and formal stages of resolution. In addition, it is often necessary for the identity of the complainant to be identified to third parties for the successful completion of an investigation.

If the College determines that the safety of an individual or the community is at risk, the procedures outlined in this policy, including confidentiality, may be set aside.

14. What if the complaint is determined to be unfounded?

If the complaint is not proven, this will be communicated clearly to the complainant and respondent. There will be no negative consequences against any party to a legitimately submitted complaint and no record of the complaint will appear in any of the employee’s personnel file or student’s records. If, however, the complaint is found to be frivolous, vexatious or made in bad faith, appropriate disciplinary action up to and including termination from employment may be taken.

14.1 No Reprisal

This Policy prohibits reprisals against employees, acting in good faith, who report or provide information regarding a complaint or incident of workplace discrimination, harassment or violence.

Employees who engage in reprisals or threats of reprisals may be disciplined up to and including dismissal from employment.

Reprisal includes:

Any act of retaliation that occurs because a person has complained of or provided information about an incident of workplace discrimination, harassment or violence
Intentionally pressuring a person to ignore or not report an incident of workplace discrimination, harassment or violence; and
Intentionally pressuring a person to lie or provide less than full cooperation with an investigation of a complaint or incident of workplace discrimination, harassment or violence

15. What if I’m not satisfied by the outcome of my complaint or the way it is being handled?

The provisions of this Policy in no way affect the right of any person to exercise his or her rights under the Occupational Health and Safety Act or the Ontario Human Rights Code, within the time limits specified by the applicable legislation.

Any person who feels that their human rights have been violated in the workplace, or any complainant who is not satisfied with the outcome of their complaint and/or the investigation, may at any time file a complaint directly with the Ontario Human Rights Tribunal. If the complaint involves workplace violence or harassment and an employee feels that the College is not complying with their requirements under the Occupational Health and Safety Act, employees can contact the Ministry of Labour, Training and Skills to file a complaint. Unionized employees also have the right to file a grievance.

16. What is the timeframe for making a complaint?

It is important that reports and complaints are made as soon as possible so that the problem does not escalate or happen again. The longer the period of time between an incident and reporting of the incident, the greater the chance that:

Witnesses may be unavailable
Witnesses will not recall the events and/or
The respondent can assert that the delay has hindered their ability to adequately respond to the complaint.

A complaint must be filed within one year of the incident being reported. This time limit may be extended at the College’s discretion in the event of extenuating circumstances.

17. Administration

17.1 Costs

The College shall be responsible for the costs of the administration of this Policy and Procedures including the costs of any mediation or investigation services.

17.2 Document Retention

Subject to the provisions of the Freedom of Information and Protection of Privacy Act, records pertaining to an Informal Resolution or Formal Complaint will be held in strict confidence in files separate from any academic or personnel information. Only records of reprimand or discipline will be placed in an individual’s student or personnel file for the duration stipulated in the Records Retention Policy. In the event of multiple or subsequent allegations, reference may be made to previous complaint files and informal resolutions.

18. Outcomes

Harassment and discrimination at the College is not tolerated.
The College treats all allegations and complaints of harassment or discrimination seriously, whether they are made informally or formally. The College will act on all allegations and complaints in accordance with Appendix A – Harassment and Discrimination Complaints Procedure to ensure that they are resolved fairly.
Employees who are found to have harassed or discriminated against another individual, who have created a poisoned environment, or managers who do not act properly to end harassment or discrimination may be subject to disciplinary action up to and including termination.
In addition, employees and/or managers who do not take appropriate action to end harassment or discrimination (including the responsibilities included in Section 5 below), or who interfere with investigations into allegations of harassment or discrimination may also be subject to disciplinary action up to and including termination. This includes any employee who:

fails to take reasonable steps to stop harassment or discrimination that they have directly witnessed, and/or fails to report such incidents to a manager or Human Resources (HR);
interferes with the resolution of a harassment or discrimination complaint;
retaliates against an individual for making a harassment or discrimination complaint or participating in the complaint resolution process;
breaches the confidentiality of a harassment or discrimination inquiry or investigation; or,
makes an unfounded harassment or discrimination complaint in bad faith.

5. Students who are found to have harassed or discriminated against an employee or volunteer, or who have created a poisoned environment for an employee or volunteer are subject to disciplinary action up to and including expulsion pursuant to the Student Human Rights Policy.

Any employee is free to pursue harassment or discrimination complaints at the Human Rights Tribunal of Ontario at any time. Employees may also access their respective collective agreement, or Terms and Conditions of Employment for Administrative Employees.
In order to protect the integrity of the process for resolving complaints and to ensure fairness for all participants, all parties to a harassment or discrimination complaint are expected to respect the privacy and confidentiality of all other parties involved and to limit the discussion of a harassment or discrimination complaint to those that need to know.
The College will strive to maintain confidentiality in its handling of any incident or complaint of harassment or discrimination. Information obtained about an incident or complaint of harassment or discrimination, including identifying information about any individuals involved will not be disclosed unless the disclosure is necessary for the purposes of investigating or taking corrective action with respect to the incident or complaint, or is otherwise required by law.
Measures taken following an investigation are intended to be corrective and preventative in nature.