HARASSMENT AND DISCRIMINATION
1.01 All members of the CCNM community are expected to be sensitive to and respectful of, other members of the community and those with whom they come in contact while representing CCNM. Harassment and discrimination will not be tolerated at CCNM.
2.01 This policy applies to all employees of CCNM, all contractors providing services within CCNM premises, students, patients and members of the public.
3.01 "Discrimination" refers to action or behaviour that results in the unfavourable, adverse or preferential treatment related to the following prohibited grounds: race, color, ancestry, place of birth, national origin, citizenship, creed, religious or political affiliation or belief, sex, sexual orientation, physical attributes, family relationship, age, physical or mental illness or disability or place of residence.
"Harassment" means engaging in a course of vexatious comment or conduct against an individual -- a comment or conduct that is known or ought reasonably to be known to be unwelcome. Workplace harassment can involve unwelcome words or actions that are known or should be known to be offensive, embarrassing, humiliating or demeaning to an individual or group. It can also include behaviour that intimidates, isolates or discriminates against the targeted individual(s).
"Workplace sexual harassment" means engaging in a course of vexatious comment or conduct against a worker 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 or unwelcome of a sexual nature including, but not limited to: sexual assault, verbal abuse or threats of a sexual nature; unwelcome and repeated sexual invitations, dates, flirtations or requests; and/or unwelcome innuendo or taunting about a person’s body, physical appearance, sexual orientation, gender identity or gender expression.
"Bullying" means repeated unreasonable and inappropriate actions and practices that are directed to one or more individuals, which are unwanted by the victim, which may be done deliberately or unconsciously, but do cause humiliation, offence and distress, and that may interfere with job performance, and/or cause an unpleasant working and learning environment.
4.01 Managers/Supervisors are obliged by law to prevent or discourage harassment and other forms of human rights infringements as well as to respond to complaints. This means that on becoming aware that harassment may be occurring, anyone in a management position is required to deal with the situation in consultation with the Human Resources Department.
The Human Resources Department is responsible for communicating this policy to all employees as well as ensuring that complaints are responded to immediately in the prescribed manner.
The Workplace Joint Health and Safety Committee will be consulted in order to develop and maintain a program to implement this policy in the workplace.
The Executive Committee will review this policy annually.
Reasonable action or conduct by an employee, contractor or supervisor that is part of his or her normal work function would not normally be considered workplace harassment. This is the case even if there are sometimes unpleasant consequences for an individual. Examples could include changes in work assignments, scheduling, job assessment and evaluation, workplace inspections, implementation of dress codes and disciplinary action. Differences of opinion or minor disagreements between co-workers would also not generally be considered workplace harassment.
5.01 Employees, contractors, students or patients who believe they are being subjected to harassment, discrimination, bullying or become aware of such conduct being directed at someone else, are to immediately notify the Executive Director, Human Resources or the College’s Legal Counsel.
5.02 All reported incidents will be investigated under the following guidelines:
- All complaints will be kept confidential to the fullest extent possible, and will be disclosed to such individuals necessary to permit the proper investigation and response to the complaint. No one will be involved in the investigation or response except those with a need to know.
- Anyone who is found to have violated the harassment and discrimination policy is subject to corrective action up to and including immediate discharge. Corrective action will depend on the severity of the offense. Action will be taken to prevent an offense from being repeated.
- Retaliation will not be permitted against anyone who makes a complaint or who cooperates in an investigation.
5.03 If a complaint is made, Human Resources will carry out the following procedure:
- Meet with the complainant to ascertain the concerns.
- Impress upon the complainant and the alleged harasser that the information provided will be treated in a strictly confidential manner and disclosure will be limited to that required to investigate and work towards resolution. Sensitive information such as identifying information of the individuals involved will not be disclosed unless necessary to the investigation, corrective action, or as required by law.
- Keep records of all meetings and document all contacts associated with each complaint.
- Prepare a statement of complaint including all relevant dates, events, names of witnesses and other relevant information.
- Meet with the witnesses identified and permit the witnesses to read the notes taken by the investigator and permit them to indicate whether they agree with them or not.
- Meet with the person who is being accused of infringement of rights, to provide him/her with an opportunity to respond.
- A written report setting out the results of the investigation will be provided to the complainant and the alleged harasser and corrective action taken.
5.04 Please note that in addition to reporting harassment, discrimination or bullying, individuals have a legal obligation to report to the Children's Aid Society when he or she believes on reasonable grounds that a child is or may be in need of protection.