Policy Statement
Students, employees and the Board of Directors have the right to be treated fairly and with respect, and to work and learn in an environment free of all forms of harassment. To this end, Carlton Trail College has worked with its Occupational Health and Safety Committee to create a process and procedures that are consistent across all Saskatchewan Colleges and are contained in full under Procedure 3.12.
Commitment
Every employee is entitled to a harassment free workplace. The College is committed to ensuring a harassment free workplace where everyone is treated with dignity and respect. The College and the Union are committed to the joint development of proactive programs to eliminate all forms of harassment.
Definition of Harassment
In accordance with the Occupational Health and Safety Act & Regulations, and the Human Rights Code, the College-SGEU Collective Agreement defines harassment as follows:
Harassment means any unwanted or unwelcome action by any person against another whether it be verbal, written or physical and which:
Saskatchewan’s Occupational Health and Safety Act definition of harassment was amended effective October 1, 2007, as follows:
“Harassment” means any inappropriate conduct, comment, display, action, or gesture by a person:
(1) that either:
(A) is based on race, creed, religion, colour, sex, sexual orientation, marital status, family status, disability, physical size or weight, age, nationality, ancestry or place of origin; or
(B) subject to subsections (3) and (4), adversely affects the worker’s psychological or physical well-being and that the person knows or ought reasonably to know would cause a worker to be humiliated or intimidated; and
(2) that constitutes a threat to the health or safety of the worker;
The Act further articulates that:
(3) To constitute harassment for the purposes of paragraph (1)(l)(i)(B):
(a) repeated conduct, comments, displays, actions or gestures must be established; or
(b) a single, serious occurrence of conduct, or a single, serious comment, display, action or gesture, that has a lasting, harmful effect on the worker must be established.
(4) For the purposes of paragraph (1)(l)(i)(B), harassment does not include any reasonable action that is taken by an employer, or a manager or supervisor employed or engaged by an employer, relating to the management and direction of the employer’s workers or the place of employment.
Some examples of harassment include:
This harassment policy does not extend or apply to:
Harassment can exist even where there is no intention to harass or offend another. Everyone must take responsibility to ensure his or her conduct or display is not offensive to another.
Employer’s Commitment
The College, its managers and supervisors will take all complaints of harassment seriously and is committed to implementing this policy and to ensuring it is an effective means to prevent and stop harassment and create a productive and respectful workplace.
This commitment includes:
Employees’ Duty
All employees and students of the College shall:
Complaint Procedure
Formal or informal harassment complaints can be made to the supervisor, out-of-scope manager, Human Resources, Union Official or President and CEO.
This policy sets out three types of complaint procedures that may be used. They are procedures that apply where:
No alleged harasser named – informal resolution sought
Step 1
An individual reports an incident or concern to the supervisor or anyone designated to receive harassment complaints.
Step 2
The person receiving the complaint:
Step 3
The manager takes action appropriate and necessary to address the complaint. Such action may include:
The manager informs the complainant of the action that will be taken to address the complaint or concern. Note: Following this action, where the complainant indicates that the harassment has not ended, the manager counsels the complainant to pursue an alternate resolution process, including a formal investigation.
Confidentiality
The College, or anyone acting on behalf of the College, should not disclose the complainant’s name or other identifying information to any person. In certain circumstances the complainant may agree to release identifying information in order to implement the harassment policy, the resolution process or the final resolution itself.
Alleged harasser named – informal resolution or mediation sought
Step 1
An individual reports an incident or concern to their supervisor or anyone designated to receive harassment complaints. The complaint should be recorded in writing.
Where an informal resolution is sought, the complainant should indicate the type of resolution and resolution process s/he is seeking.
Examples include: an apology, supervisory counseling, a facilitated meeting with the alleged harasser, workshop or training sessions and mediation.
Step 2
The person receiving the complaint:
Step 3
Where there is agreement on the resolution or resolution process to be used, the out-of-scope manager facilitates the agreed upon resolution or resolution process.
Step 4
The complainant is informed that s/he may move to the formal complaint procedure:
Step 5
Where the complainant and alleged harasser agree to a resolution, the out-of-scope manager/VP follows up with the complainant to ensure the agreed resolution was effective in stopping and preventing further harassment.
Where the complainant indicates that the harassment has not ended, the manager counsels the complainant to pursue an alternate resolution process, including a formal investigation.
Confidentiality
The College, or anyone acting on behalf of the College, should not disclose either the complainant’s or alleged harasser’s name or other identifying information to any person. In certain circumstances the complainant and alleged harasser may agree to release identifying information in order to implement the harassment policy, the resolution process or the final resolution itself.
Alleged harasser named – investigation required
Step 1
An individual reports an incident or concern to their supervisor or anyone designated to receive harassment complaints. The complaint should be in writing, be dated and contain the following information:
Step 2
The person receiving the complaint:
Step 3
The person receiving the complaint, the manager and Human Resource manager review the complaint and determine:
Step 4
Where an investigation is required, the College appoints an investigator or team of investigators, in consultation with the Union.
The investigator(s) will:
Where the complainant or the alleged harasser objects to the appointment of an investigator, on the basis of bias or conflict of interest, the College, in consultation with the union, will appoint another investigator.
Step 5
The investigator(s) conducts an investigation in accordance with the following guidelines:
This does not mean that either party is entitled to see or receive copies of the complete statements. Both are entitled, however, to see or receive an adequate summary of the evidence to make a full answer and defense.
Step 6
Once the investigation is complete, the investigator(s) will prepare a written report setting out:
The investigator’s report will be delivered to the out-of-scope manager, the complainant, the alleged harasser and union representative(s). The report is marked as confidential and delivered with the notation that it should be kept in confidence unless disclosure is required by law or is necessary to implement corrective action or other legal remedies.
Step 7
The College:
Step 8
The College, after the corrective action has been taken, follows up with the complainant to ensure that the corrective action was effective in stopping and preventing harassment. If the complainant indicates that harassment has not ended, or that s/he has suffered reprisal as a result of making the complaint, the College should take additional or alternative corrective action to resolve the complaint.
Disclosure of Investigation Documents
All documents and statements obtained during the course of the investigation, including the names and copies of witness statements, should not be disclosed to any person unless required by law.
Confidentiality
The College or anyone acting on behalf of the company should not disclose the name of the complainant or the alleged harasser, as well as any information that may identify the complainant or alleged harasser. The disclosure of such information may be necessary, however, to conduct the investigation, implement corrective action, or pursue other legal remedies.
Taking Action to Stop and Prevent Harassment
In taking action to stop harassment and prevent its reoccurrence, the College will be guided by the following considerations and options.
Individual Awareness and Counseling
Individuals may not be aware of the effects of their behavior. In many cases, speaking to the person in private about the inappropriate behavior will be enough to resolve a situation.
In some instances, it may be most effective and less disruptive to working relationships if the complainant informs the offending individual that s/he finds certain conduct offensive. In other instances, it may be more effective for a supervisor to speak with the offending person. At other times, a meeting between the complainant and alleged harasser facilitated by the supervisor may be appropriate.
Complainants should not be encouraged to confront the alleged harasser if:
Facilitated Problem Solving
If a complainant feels harassed and is unable to approach the other person or speaking to the person does not improve the situation, an employee may discuss the problem with the supervisor, manager, steward, Occupational Health Committee member or Human Resources. These individuals can help assess options, develop an action plan for resolution and implement the plan. They can help identify and access a facilitator who may assist the complainant and the respondent to work out an acceptable resolution and they can also be responsible for following up to ensure that the problem has been resolved.
Staff Awareness and Counseling
Standards of behavior change over the years. Some individuals or groups may not be aware that behavior, which was acceptable to their co-workers in the past, is not acceptable anymore. A staff awareness session may be helpful to correct problems based on lack of awareness. Relevant videos, lectures and facilitated group discussions may increase awareness of behaviors that are unacceptable and the reasons for the changes.
Interim Action
A manager may have grounds to believe that a complainant will be exposed to continued harassment or reprisal while waiting for the investigation or resolution process to occur. If so, the manager should take action to protect the employee from continued harassment or reprisal. Any interim action should respect the alleged harasser’s rights based on the Collective Agreement. Considering these rights, the action may include:
Mediation
Mediation offers both parties the opportunity to develop an understanding of the problem and resolve the complaint before or during the formal investigation process. The mediator facilitates separate discussions or joint meetings between the complainant and the respondent, for the purpose of resolving the complaint.
Mediation may take place at any point in the resolution process as long as both parties agree to participate in mediation. Where the complainant and alleged harasser agree to participate in mediation, the College shall arrange for a person, who is trained and independent, to act as mediator.
Corrective Action
If it is determined that harassment has occurred the College shall determine what appropriate restorative action is to be taken. The offending party may be subject to disciplinary action as part of the restorative process that is applied.
The College will communicate to the complainant(s) and respondent(s) the details of the restorative action plan and its implementation. Where disciplinary action is applied as part of the restorative plan, the College will, on a confidential basis, inform the complainant(s) of the discipline imposed on the respondent(s), the rationale for imposing discipline and the relevant considerations taken into account. If it is determined that disciplinary action will not be imposed as part of the restorative plan, that decision will also be communicated and explained to the complainant(s).
On a case-by-case basis, the College may determine that for a restorative action plan to be successful, it may need to include communicating information about the disciplinary action to other employees.
Third Party Harassers
Students, clients, contractors or other people invited to the workplace might engage or participate in the harassment of a College employee. The College may have limited ability to investigate or control their conduct. However, the College shall take reasonably practicable action to stop or reduce the risk to its employees of being harassed by third parties. This action may include:
Where a student or client has been asked to stop abusing or harassing an employee and does not, employees are authorized to:
Any such action should be immediately reported to the out-of-scope manager.
Bad Faith Complaints
Complaints should be undertaken with great care because they may result in pain and damage to the respondent’s reputation and disruptions in the workplace. Complaints made in bad faith and without factual basis may constitute defamation and may be actionable by the respondent. Such complaints may result in disciplinary action.