Administrative Procedure 138: Positive Workplace Environment - Preventing Workplace Harassment and Discrimination
Legal References
Occupational Health & Safety Act; Code of Practice to Address Workplace Harassment Under Ontario’s Occupational Health and Safety Act; Canadian Charter of Rights and Freedoms; Criminal Code of Canada; Ontario Human Rights Code; Municipal Freedom of Information and Protection of Privacy Act
Related References
Administrative Procedure (AP) 142 Religious Accommodation; AP175 Accidents, Incidents and Occupational Illnesses; AP351 Code of Conduct; AP352 Progressive Discipline and Promoting Positive Student Behaviour; AP353 Student Suspension; AP354 Student Expulsion; AP357 Violence Threat and Risk Assessment; AP 378 Reporting and Responding to Racist and Hate-Based/Biased Incidents impacting or involving Students of AMDSB; AP404 Violence Prevention in the Workplace; AP405 Allegations Against Employees and Volunteers; AP410 Environmental Health and Safety; Form 138A Workplace Harassment Investigation Report
1. Purpose & Scope
The Director of Education has authorized the development and implementation of this administrative procedure to ensure:
1.1 All employees and individuals within the board community, including volunteers, parents, contractors, permit holders, or other organization representatives who work on or are invited onto board premises, are treated with dignity and respect, free from workplace harassment, sexual harassment or discrimination in a positive working and learning environment.
1.2 All individuals are made aware of the board’s intent to support a positive working and learning environment and to advise individuals of the procedures of the responding to, reporting of, and resolution of incidents of workplace harassment, sexual harassment and discrimination.
1.3 Any incident/complaint of workplace harassment, sexual harassment or discrimination that might occur is dealt with promptly, and a careful and impartial review of the circumstances is conducted.
1.4 All individuals involved in an incident/complaint of workplace harassment, sexual harassment or discrimination are supported through the resolution process and confidentiality is maintained, whenever possible.
1.5 Appropriate resolution and any corrective actions are taken to support a positive working and learning environment.
1.6 This administrative procedure does not include measures and procedures regarding harassment and discrimination involving students, which can be found in Administrative Procedure 352 Promoting Positive Student Behaviour.
1.7 This administrative procedure does not include measures and procedures regarding harassment or discrimination complaints involving members of the Board of Trustees. Refer to Conduct of Members of Schools Board under the Education Act.
1.8 This administrative procedure does not apply to reasonable actions taken by an employer, principal/supervisor relating to the management and direction of workers or the workplace and/or coaching that includes counselling, performance appraisal, and the implementation of disciplinary actions.
1.9 Nothing in this procedure denies or limits access to other avenues of resolution available under the law or through the filing of a grievance or through progressive discipline. In such a case, application of this process may cease until the parties and their respective representatives have met with human resource services or the appropriate representative to determine which dispute resolution process will proceed and which one(s) will be stayed pending completion of the chosen process.
1.8 This administrative procedure does not apply to reasonable actions taken by an employer, principal/supervisor relating to the management and direction of workers or the workplace and/or coaching that includes counselling, performance appraisal, and the implementation of disciplinary actions.
1.9 Nothing in this procedure denies or limits access to other avenues of resolution available under the law or through the filing of a grievance or through progressive discipline. In such a case, application of this process may cease until the parties and their respective representatives have met with human resource services or the appropriate representative to determine which dispute resolution process will proceed and which one(s) will be stayed pending completion of the chosen process.
2.0 Definitions
2.1 Working and Learning Environment: all work and learning activities that occur while on board premises, or while engaging in board-sanctioned activities or social events.
2.2 Workplace Harassment: engaging in a course of vexatious comment or conduct against a worker in a workplace, including virtually through the use of information and communications technology, that is known, or ought reasonably to be known to be unwelcome, whether based on prohibited grounds enumerated in the Ontario Human Rights Code or not.
2.3 Sexual Harassment: engaging in a course of vexatious comment or conduct against a worker in a workplace, including virtually through the use of information and communications technology, 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 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. NOTE: Throughout the rest of this document, the term “harassment” will refer to workplace harassment or sexual harassment.
2.4 Discrimination: any action or behaviour that results in unfair, unfavourable or adverse treatment based on one or more of the prohibited grounds.
2.5 Prohibited Grounds: in accordance with the Ontario Human Rights Code are: age, ancestry, colour, race, citizenship, ethnic origin, place of origin, creed, disability, family status, marital status, gender identity, gender expression, receipt of public assistance, record of offences, sex, sexual orientation.
2.6 Reprisal: an act of retaliation against a person for invoking this procedure or participating in the process under this procedure.
2.7 Complainant: an employee or individual of the board community who believes that they are being harassed or discriminated against.
2.8 Respondent: an employee or individual of the board community who is accused of harassing or discriminatory behaviour.
3.0 Responsibilities
3.1 Supervisory Officers
3.1.1 Overall accountability to promote positive working and learning environments within their region by ensuring individuals are treated with dignity and respect, free from harassment and discrimination.
3.1.2 Overall accountability to ensure this administrative procedure is implemented within their region and adhered to by all principals/supervisors, employees and individuals within the board community.
3.1.3 Approve resources to provide awareness, training and support to promote a positive working and learning environment, as well as resources to investigate and resolve the incident of workplace harassment or discrimination.
3.1.4 Respond to and report workplace harassment and discrimination incidents or complaints involving principals/supervisors.
3.1.5 Participate in investigations and implement corrective actions as required.
3.1.6 Maintain confidentiality of all incidents and only disclose information as required.
3.1.2 Overall accountability to ensure this administrative procedure is implemented within their region and adhered to by all principals/supervisors, employees and individuals within the board community.
3.1.3 Approve resources to provide awareness, training and support to promote a positive working and learning environment, as well as resources to investigate and resolve the incident of workplace harassment or discrimination.
3.1.4 Respond to and report workplace harassment and discrimination incidents or complaints involving principals/supervisors.
3.1.5 Participate in investigations and implement corrective actions as required.
3.1.6 Maintain confidentiality of all incidents and only disclose information as required.
3.2 Principals/Site Supervisors
3.2.1 Overall accountability to promote a positive working and learning environment in the workplace by ensuring individuals are treated with dignity and respect, free from harassment and discrimination.
3.2.2 Overall accountability to ensure this administrative procedure is implemented at the workplace and adhered to by all employees and individuals within the board community.
3.2.3 Ensure employees are trained on preventing and responding to workplace harassment or discrimination, and this administrative procedure.
3.2.4 Ensure the most current Positive Workplace Environment Statement is posted on the health and safety bulletin board (Appendix A).
3.2.5 Ensure the “Safe,Respectful, Inclusive Welcome” sign is posted in the main office or entrance (Appendix B).
3.2.6 Ensure individuals within the board community are aware of this procedure.
3.2.7 Promptly respond to and report workplace harassment and discrimination incidents or complaints.
3.2.8 Participate in the investigation and resolution process, as required. Implement corrective actions as required.
3.2.2 Overall accountability to ensure this administrative procedure is implemented at the workplace and adhered to by all employees and individuals within the board community.
3.2.3 Ensure employees are trained on preventing and responding to workplace harassment or discrimination, and this administrative procedure.
3.2.4 Ensure the most current Positive Workplace Environment Statement is posted on the health and safety bulletin board (Appendix A).
3.2.5 Ensure the “Safe,Respectful, Inclusive Welcome” sign is posted in the main office or entrance (Appendix B).
3.2.6 Ensure individuals within the board community are aware of this procedure.
3.2.7 Promptly respond to and report workplace harassment and discrimination incidents or complaints.
3.2.8 Participate in the investigation and resolution process, as required. Implement corrective actions as required.
3.2.9 Maintain confidentiality of all incidents and only disclose information as required.
3.3 Employees
3.3.1 Become aware of and sensitive to the damaging effects of discrimination and harassment.
3.3.2 Be positive role models and refrain from engaging in any discriminatory or harassing behaviour.
3.3.3 Respect the rights and differences of others, including their beliefs, ideas and opinions.
3.3.4 Treat one another with dignity and respect at all times.
3.3.5 Demonstrate honesty and integrity.
3.3.6 Respect the needs of others to work in an environment of learning and teaching.
3.3.7 Show proper care and regard for board property and for property of others.
3.3.8 Do not allow or condone discriminating or harassing behaviour, respond to or report incidents of harassment or discrimination promptly.
3.3.9 Participate in and complete any training provided and review and adhere to this procedure.
3.3.10 Maintain confidentiality of all incidents and only disclose information as required.
3.3.2 Be positive role models and refrain from engaging in any discriminatory or harassing behaviour.
3.3.3 Respect the rights and differences of others, including their beliefs, ideas and opinions.
3.3.4 Treat one another with dignity and respect at all times.
3.3.5 Demonstrate honesty and integrity.
3.3.6 Respect the needs of others to work in an environment of learning and teaching.
3.3.7 Show proper care and regard for board property and for property of others.
3.3.8 Do not allow or condone discriminating or harassing behaviour, respond to or report incidents of harassment or discrimination promptly.
3.3.9 Participate in and complete any training provided and review and adhere to this procedure.
3.3.10 Maintain confidentiality of all incidents and only disclose information as required.
3.4 Individuals of the Board Community
3.4.1 Become aware of and sensitive to the damaging effects of discrimination and harassment.
3.4.2 Be positive role models and refrain from engaging in any discriminatory or harassing behaviour.
3.4.3 Respect the rights and differences of others, including their beliefs, ideas and opinions.
3.4.4 Treat one another with dignity and respect at all times.
3.4.5 Demonstrate honesty and integrity.
3.4.6 Respect the needs of others to work in an environment of learning and teaching.
3.4.7 Show proper care and regard for board property and for property of others.
3.4.8 Do not allow or condone discriminating or harassing behaviour, respond to or report incidents of harassment or discrimination promptly.
3.4.9 Become familiar with and adhere to this procedure.
3.4.2 Be positive role models and refrain from engaging in any discriminatory or harassing behaviour.
3.4.3 Respect the rights and differences of others, including their beliefs, ideas and opinions.
3.4.4 Treat one another with dignity and respect at all times.
3.4.5 Demonstrate honesty and integrity.
3.4.6 Respect the needs of others to work in an environment of learning and teaching.
3.4.7 Show proper care and regard for board property and for property of others.
3.4.8 Do not allow or condone discriminating or harassing behaviour, respond to or report incidents of harassment or discrimination promptly.
3.4.9 Become familiar with and adhere to this procedure.
3.4.10 Maintain confidentiality of all incidents and only disclose information as required.
3.5 Superintendent of Education (Human Resource Services)
3.5.1 Ensure incidents/complaints of workplace discrimination or harassment are handled in accordance with this procedure.
3.5.2 Investigate incidents/complaints about a principal/supervisor, employee or individual within the board community, if the principal/supervisor is involved or as required. Investigations may be delegated to the Human Resource Services Senior Manager or Manager.
3.5.3 Ensure investigations are thorough and any corrective actions are implemented.
3.5.4 Provide training, coaching and support to the principal/supervisor who is involved in an investigation.
3.5.5 Obtain an external investigator to investigate incidents/complaints about the employer or the Director of Education.
3.5.6 Ensure records of investigation are stored in a secure area and access to records is controlled.
3.5.2 Investigate incidents/complaints about a principal/supervisor, employee or individual within the board community, if the principal/supervisor is involved or as required. Investigations may be delegated to the Human Resource Services Senior Manager or Manager.
3.5.3 Ensure investigations are thorough and any corrective actions are implemented.
3.5.4 Provide training, coaching and support to the principal/supervisor who is involved in an investigation.
3.5.5 Obtain an external investigator to investigate incidents/complaints about the employer or the Director of Education.
3.5.6 Ensure records of investigation are stored in a secure area and access to records is controlled.
3.6 Director of Education
3.6.1 Investigate and ensure incidents or complaints of workplace harassment and discrimination about supervisory officers are handled in accordance with this procedure.
3.6.2 Ensure investigations are thorough and any corrective actions are implemented.
3.6.2 Ensure investigations are thorough and any corrective actions are implemented.
3.7 Environmental Health and Safety Manager / Human Resource Services Manager
3.7.1 Maintain this administrative procedure.
3.7.2 Coordinate workplace harassment awareness training.
3.7.3 Provide communication resources to worksites.
3.7.4 Audit and communicate compliance with this administrative procedure.
3.7.2 Coordinate workplace harassment awareness training.
3.7.3 Provide communication resources to worksites.
3.7.4 Audit and communicate compliance with this administrative procedure.
4.0 Informal Resolution Procedure
All employees are required, and all other individuals within the board community are encouraged to respond to discriminatory or harassing behaviour. The informal resolution provides an opportunity for parties to resolve a dispute mutually in a respectful and timely manner.
The board encourages all parties involved to first attempt informal resolution as a means of resolving issues. At any time, however, an individual can formally report an incident of discriminatory or harassing behaviour, by-passing the informal resolution procedure.
4.1 An individual who believes they are being discriminated against or harassed (complainant) should respond to the individual alleged to have engaged in the discriminatory or harassing behaviour (respondent) when they feel safe to do so.
The complainant may respond by:
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- Describing the alleged inappropriate behaviour, stating it is not acceptable and requesting a commitment that the behaviour will stop; or
- Informing the individual of this administrative procedure and/or providing a copy of this procedure and requesting a commitment that the behaviour will stop.
4.2 Where disputes are resolved through the informal resolution procedure, no formal report is required. Each individual will be expected to protect the privacy of each individual involved.
4.3 At any time during the informal resolution procedure, the complainant and respondent may discontinue the informal resolution process.
4.4 If the individual(s) cannot bring about a resolution to the satisfaction of all involved through an informal resolution, the complainant must report the incident(s) to the principal/supervisor or Superintendent of Education (Human Resource Services).
5.0 Reporting Procedure
All employees are required, and all individuals within the board community are encouraged to report incidents of discriminatory or harassing behaviour as soon as possible following the discontinuation of the informal resolution procedure, whenever the parties cannot bring about a satisfactory resolution through the informal resolution procedure or when choosing to by-pass the informal resolution procedure.
5.1 All reports should be filed within 6 months of the most recent alleged harassment or discrimination. Reports filed outside this timeframe may be considered at the discretion of the Superintendent of Education (Human Resource Services).
5.2 A report may also be made by individuals who have witnessed workplace harassment or discrimination directly or have reasonable grounds to suspect it is occurring.
5.3 Incident/Complaint reports must be documented in writing, such as the Employee Hazard/Incident Report through eBase (Administrative Procedure 175), by the person reporting the incident or the person receiving a verbal report. The following information should be provided:
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- Name(s) of the complainant(s) and contact information;
- Name of the 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), frequency and location(s) of the alleged incident(s);
- Any supporting documents that the worker who complains of harassment or discrimination may have in their possession that are relevant to the complaint;
- List any documents a witness, another person, or the respondent(s) may have in their possession that are relevant to the complaint.
5.4 Anonymous reports will not be entertained in the formal resolution process under these procedures.
5.5 Incidents of harassment or discrimination may be reported to the following:
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- 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 employer or Director of Education, an external person qualified to conduct a workplace harassment or discrimination investigation will be retained by the Superintendent of Education (Human Resource Services).
5.6 If the complainant first contacts their union/federation/non-union/JHSC member for assistance in reporting the incident, the representative shall immediately contact the principal/supervisor or Superintendent of Education (Human Resource Services) or designate or Director of Education, when applicable, for further action.
5.7 If a principal/supervisor receives a verbal or written report of workplace harassment or discrimination, they will report the situation to the Superintendent of Education (Human Resource Services) or designate, to ensure the formal resolution procedure, investigation and resolution is conducted as appropriate in the circumstances.
5.8 Individuals may also be required to follow other reporting protocols, which may be required by law or in place under other agreements, such as the Teaching Profession Act, Criminal Code, or inter/intra-union procedures.
6.0 Formal Resolution Procedure
6.1 All formal reports/complaints shall be subject to an assessment to determine whether the alleged conduct would, if proven, meet the definition of workplace harassment, sexual harassment or discrimination within the meaning of this procedure. If it is determined that the allegations would not meet the definition of workplace harassment, sexual harassment or discrimination, the complainant and respondent will be so advised and no further action will be taken under this procedure.
6.2 If it is determined that the allegation meets the definition of workplace harassment, sexual harassment or discrimination, an investigation shall be initiated by the principal/supervisor, Superintendent of Education (Human Resource Services) or designate, or the Director of Education. The person conducting the investigation must not be directly involved in the incident/complaint and must not be under the control of the respondent.
6.3 The format for the investigation shall be at the discretion of the Superintendent of Education (Human Resource Services) or the Director of Education. If necessary, interim measures and corrective action(s) may be taken while the incident is being investigated.
6.4 If the investigation involves the employer or Director of Education, the external investigator and timing of the investigation will be mutually agreed to by the complainant and respondent. The format for the investigation shall be at the discretion of the external investigator.
6.5 Throughout the formal resolution procedure, all individuals, the complainant, the respondent, witness(es) will be offered appropriate assistance and support from a person of their choice, for example, principal/supervisor, colleague, or union/federation/non-union representative, where appropriate.
6.6 In a formal investigation, it is the responsibility of the principal/supervisor or Superintendent of Education (Human Resource Services) or Director of Education to:
6.6.1 Take appropriate measures to ensure the safety of the complainant;
6.6.2 Notify the complainant(s), the respondent(s), and the witness(s) they are entitled to support and assistance throughout the process;
6.6.3 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;
6.6.4 Collect and review any relevant documents;
6.6.5 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;
6.6.6 Determine whether there was harassment or discriminatory 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;
6.6.7 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
6.6.8 Take appropriate actions to resolve the situation.
6.6.2 Notify the complainant(s), the respondent(s), and the witness(s) they are entitled to support and assistance throughout the process;
6.6.3 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;
6.6.4 Collect and review any relevant documents;
6.6.5 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;
6.6.6 Determine whether there was harassment or discriminatory 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;
6.6.7 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
6.6.8 Take appropriate actions to resolve the situation.
6.7 If an external investigator conducts an investigation, they will be responsible for determining whether there was harassment or discriminatory behaviour contrary to this procedure; and, if so, recommend the appropriate disciplinary and/or other measures warranted to maintain a positive working and learning environment. The external investigator will also provide a written summary to the complainant(s) and to the respondent(s) of the results of the investigation and of any corrective action that has been taken or that will be taken or recommended as a result of the investigation.
6.8 The rights of the respondent must also be protected. Respondents have a right to know what approach to resolution is being considered and will be provided time to prepare a full and complete response to the allegations. If the respondent declines to participate in the formal investigation process, the investigation will proceed.
6.9 Where, through discussion with the parties involved, there is a finding of harassment or discrimination but a mutually acceptable solution is found, subject to the provisions of the Municipal Freedom of Information and Protection of Privacy Act, the concern and agreed-upon solution and any corrective actions will be recorded and retained.
6.10 Where there is a finding that harassment or discrimination has not occurred, no further action will be taken. If the complainant and/or respondent requires counselling appropriate steps shall be taken.
6.11 If it is determined that the allegations of discrimination or harassment were not made in good faith, disciplinary action may be considered.
7.0 Privacy & Confidentiality
7.1 It is the duty of all employees and individuals within the board community to respect the privacy and keep incidents/complaints of workplace harassment or discrimination confidential to the extent possible. Information obtained about an incident or complaint including identifying information about individuals involved shall not be disclosed unless disclosure is necessary to protect individuals, to investigate the incident/complaint, to take corrective action, to provide information to an outside agency that has the right to require information otherwise protected by the Municipal Freedom of Information and Protection of Privacy Act, or to provide information required by law.
7.2 While the investigation is ongoing, the complainant, respondent and any witnesses shall not discuss the incident/complaint or investigation with other individuals unless necessary to obtain advice about their rights.
8.0 Review of Decision
8.1 In the event a complainant or respondent to a formal resolution process has one or both of the specific concerns below, the request may be made to the Superintendent of Education (Human Resource Services) to convene a review. A reviewer will be appointed by the Superintendent of Education (Human Resource Services). The grounds for review are:
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- the investigators fail to comply with these procedures; and/or
- new evidence becomes known after the final decision.
8.2 The reviewer will report their findings to the Superintendent of Education (Human Resource Services), who will affirm or amend the final decision or require a new investigation.
9.0 Freedom of Reprisal
The right to freedom from harassment and discrimination includes the right to freedom from any reprisal or the threat of reprisal. Alleged reprisals shall be investigated as formal complaints and, if substantiated, are subject to the same consequences as complaints of workplace harassment or discrimination.
10.0 Records
10.1 All correspondence and other documents under these procedures are subject to the Municipal Freedom of Information and Protection of Privacy Act and must be marked “Private & Confidential”.
10.2 All correspondence and other documents generated under these procedures will be stored in a secure file in the Human Resource Services department. Records that will be kept include, but are not limited to:
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- 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.
10.3 The complainant(s) and respondent(s), if they are an Avon Maitland District School Board employee, will be informed in writing of the results of the investigation and any corrective action that has been taken, or that will be taken, as a result of the investigation.
10.4 For the purposes of the Occupational Health and Safety Act, records must be kept for at least one year from the conclusion of any investigation involving workplace discrimination or harassment.
11.0 Training
11.1 All employees will complete awareness training on workplace violence, harassment and sexual harassment. Training is valid for three (3) years.
11.2 All employees will be informed about this procedure upon hire and at least annually.
12.0 Communication
12.1 All employees and individuals within the board community will be made aware of this procedure by posting a signed copy of Appendix A - Positive Workplace Environment Statement on the health and safety bulletin board at every Avon Maitland District School Board worksite.
12.2 A “Safe, Respectful, Inclusive Welcome” sign will be posted in the main office or entrance of each AMDSB site.
12.3 Other methods of promoting a positive workplace environment and communicating this procedure may include, but are not limited to, school newsletters, meetings, memos, websites or social media, contract documents, etc.
12.4 This administrative procedure will be posted on the board’s website under School Board>Policies and Procedures, and in The Core under Director’s Office>Admin Procedures.
Review
The review and revision of this administrative procedure will be done at least annually or more often if there is a change in circumstances. The Director of Education will sign and date Appendix A – Positive Workplace Environment Statement at least annually.
The review and revision of this administrative procedure will be done at least annually or more often if there is a change in circumstances. The Director of Education will sign and date Appendix A – Positive Workplace Environment Statement at least annually.
Appendix A - Positive Workplace Environment Statement (please refer to pdf)
Appendix B - Safe, Respectful, Inclusive Welcome Sign (please refer to pdf)
Revised July 2025