Administrative Procedure 138: Positive Workplace Environment - Preventing Workplace Harassment & Discrimination

Legal References

Related References

1. Purpose & Scope

2. Definitions

3. Accountability

3.1 Supervisory Officers

3.2 Principals/Site Supervisors

3.3 Employees

3.4 Individuals of the Board Community

3.5 Superintendent of Education (Human Resource Services)

3.6 Director of Education

3.7 Environmental Health and Safety Advisor/Human Resource Services Administrator

4. Informal Resolution Procedure

1. 1. Describing the alleged inappropriate behaviour, stating it is not acceptable and requesting a commitment that the behaviour will stop; or
   2. Informing the individual of this administrative procedure and/or providing a copy of this procedure, and requesting a commitment that the behaviour will stop.

5. Reporting Procedure

1. 1. Name(s) of the complainant(s) and contact information
   2. Name of the respondent(s), position and contact information (if known)
   3. 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)
   4. Details of what happened including date(s), frequency and location(s) of the alleged incident(s)
   5. Any supporting documents the worker who complains of harassment or discrimination may have in their possession that are relevant to the complaint
   6. List any documents a witness, another person or the respondent(s) may have in their possession that are relevant to the complaint.

• • • Principal/Supervisor
    • Union/Federation/Non-union Representative
    • Joint Health and Safety Committee Member
    • If the respondent is the individual’s immediate supervisor, then the individual should report the incident to the Superintendent of Education (Human Resource Services)
    • If the respondent is a Supervisory Officer, the individual should report the incident to the Director of Education
    • If the respondent is the Director, board chair or trustee, an external person qualified to conduct a workplace harassment or discrimination investigations will be retained by the superintendent of education (Human Resource Services).

6. Formal Resolution Procedure

• • • Take appropriate measures to ensure the safety of the complainant;
    • Notify the complainant(s), the respondent(s), and the witness(s) they are entitled to support and assistance throughout the process;
    • Interview separately the complainant(s), the respondent(s), and any witness(s); if the complainants, respondents or witnesses are not Avon Maitland District School Board employees, all reasonable efforts must be taken to conduct interviews;
    • Collect and review any relevant documents;
    • Prepare a written report summarizing the steps taken during the investigation, the complaint, the allegations of the worker claiming harassment, the response from the alleged harasser, the evidence of any witnesses and the evidence gathered. The report must set out findings of fact;
    • Determine whether there was harassment or discrimination behaviour contrary to this procedure and, if so, determine the appropriate disciplinary and/or other measures warranted to maintain a positive working and learning environment;
    • Provide a written summary of the results of the investigation and any corrective action to the complainant(s), and to the respondent(s) when the investigation is completed; and
    • Take appropriate actions to resolve the situation.

7. Privacy & Confidentiality

8. Review of Decision

• • • the investigators fail to comply with these procedures; and/or
    • new evidence becomes known after the final decision.

9. Freedom of Reprisal

10. Records

• • • • a copy of the incident/complaint details;
      • a record of the investigation including notes;
      • a copy of any witness statements, if taken;
      • a copy of the investigation report, if any;
      • a copy of the results of the investigation that were provided to the complainant(s) and respondent(s); and
      • a copy of any interim measures or corrective action taken to address the incident/complaint.

11. Training

12. Communication

Review

Appendix A - Positive Workplace Environment Statement

1. engaging in a course of vexatious comment or conduct against a person in the workplace that is known or ought reasonably to be known to be unwelcome, or
2. engaging in a course of vexatious comment or conduct against a person in the 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
3. 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 worker and the person knows or ought reasonably to know that the solicitation or advance is unwelcome.
4. any action or behaviour that results in unfair, unfavourable or adverse treatment against a person in a workplace based on prohibited grounds under the Human Rights Code, including race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sex, sexual orientation, age, record of offences, marital status, family status, and disability.