Viewing: Prevention of Harassment, Discrimination, and Bullying

Last approved: Fri, 24 Nov 2023 01:58:38 GMT

Last edit: Fri, 24 Nov 2023 01:58:37 GMT

Policy Inactivation Date

Rationale

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Policy Type

Administrative

Policy Name

Prevention of Harassment, Discrimination, and Bullying

Policy Number

201

Effective Date - Policy

April 4, 2013

Effective Date - Procedures

April 4, 2013

Last Full Review Date

October 26, 2000

Next Scheduled Review Date

April 5, 2018

Approval Body

Board of Governors

Policy Sponsor

President

Review Body

Operations Council

Responsible Authority

People Services

Policy

Context and Purpose

Scope and Limits

Policy Principles

VCC believes in equitable treatment for individuals regardless of age, ancestry, colour, criminal conviction that is unrelated to employment or intended employment, ethnic origin, family status, gender, gender identity, gender expression, mental disability, physical disability, political beliefs, race, religion, and sexual orientation.
It is the responsibility of all College members to refrain from engaging in Harassment, Discrimination, and Bullying and to contribute to a positive environment.
It is the College’s policy that Discrimination, Harassment, and Bullying will not be tolerated. College members who violate this Policy may be subject to a range of corrective measures, up to and including expulsion or dismissal from the College.
This Policy will not be interpreted, administered, or applied to infringe on the academic freedom of students or employees. The frank discussion of controversial ideas, the pursuit and publication of controversial research, and the study and teaching of material with controversial content do not constitute Harassment, Discrimination, and Bullying, provided that such activities are conducted in a respectful and non-coercive manner.
Education and awareness are keys to understanding and eliminating Harassment, Discrimination, and Bullying. The College will offer educational and training programs designed to support the administration of this Policy and to ensure that all students and employees are aware of their responsibilities under the Human Rights Code and this Policy.
College members will be treated equitably under this Policy. All matters arising under this Policy will be dealt with in a fair, unbiased and timely manner.
The burden of proof is on the Complainant to prove the allegations on a balance of probabilities.
The filing of a complaint under this Policy is the right of every College member and may be exercised without fear of reprisal. However, complaints of Harassment, Discrimination, and Bullying are serious matters. Persons who are found to have made frivolous, vexatious, or malicious complaints of Discrimination or Harassment may be subject to disciplinary action, up to and including expulsion or dismissal from the College.
Retaliation against any person who is involved in a complaint of Harassment, Discrimination, and Bullying under this Policy will not be tolerated by the College and may result in disciplinary action, up to and including expulsion or dismissal from the College.
Handling complaints of Discrimination, Harassment, and Bullying requires the collection, use, and disclosure of sensitive personal information. Confidentiality is required so that those who may have experienced Discrimination or Harassment will feel free to come forward, and so that the reputations and interests of those accused are protected.
All members of the College community are required to maintain the confidentiality of any information they may receive during the course of the complaint process and/or investigation. Any student or employee who breaches confidentiality may be subject to disciplinary action, up to and including expulsion or dismissal from the College. Other members of the College community may be subject to sanctions, as appropriate.
Subject to disclosure which is required by law or is necessary in order to investigate or resolve a complaint, the College, in addressing alleged Discrimination, Harassment, and Bullying will make every effort to keep confidential any information pertaining to the complaint. Confidentiality, however, must be distinguished from anonymity. For a complaint to proceed the identity of the Complainant and the details of the complaint must be released to the Respondent and those involved in the investigation and disposition of the complaint. The Complainant must therefore be prepared to be identified.
All recorded personal information will be treated as "supplied in confidence" for the purposes of compliance with the BC Freedom of Information and Protection of Privacy Act and responding to access requests under that legislation.
This Policy is not to be interpreted, administered, or applied in such a way as to detract from the right and obligation of those in supervisory roles to manage and discipline employees and students in accordance with the College’s collective agreements, policies and procedures. The exercise in good faith of the College’s management rights for operational requirements, performance management or progressive discipline does not constitute Harassment.
If a complaint made under another College policy contains allegations of Discrimination, Harassment or Bullying, this Policy will apply to the handling and disposition of that complaint.
If a Complainant pursues a course of action outside this Policy in connection with a complaint of Harassment, Discrimination, or Bullying the Senior Administrator may, in their sole discretion, decide to place the process under this Policy in abeyance pending the conclusion of the other proceeding.
Contractors, their employees and agents, visitors to the College, and other third parties (collectively, “Third Parties”) are expected to conduct themselves in any College-related activity in a manner consistent with this Policy. Complaints raised by members of the College community against Third Parties, or by Third Parties against members of the College community, that allege Discrimination, Harassment, or Bullying in connection with a College-related activity will be dealt with by the College under this Policy.

Does this policy have procedures?

Yes

Procedures

All Procedures

Support for individuals with concerns or complaints related to Harassment, Discrimination, or Bullying is available from Advisors. Advisors will provide individuals with advice regarding: possible actions the College member might take to resolve the situation directly and remedies available; whether the behavior(s) in question fall within the definitions of Harassment, Discrimination, or Bullying; possible procedures and options available under alternative policies or process.

The best resolution to situations involving objectionable behavior is usually, early informal resolution between the parties involved.

The Procedures below have been organized under the following headings:

Informal Resolution

Early Resolution

Formal Resolution

Filing a Complaint
Responding to a Complaint
Interim Measures
Informal Resolution / Mediation
Investigation
Decision
Records
Timely Processing of Complaints

Informal Resolution

Early Resolution

Any College member with concerns about discriminatory, harassing or bullying behavior, is strongly encouraged, to first speak with the Respondent, inform the Respondent of their discomfort with the behaviour, and ask the Respondent to stop and/or take corrective or remedial action; often this is all that is required, for the objectionable behavior to cease.
Complainants who are not comfortable speaking directly with the Respondent, should seek advice from an appropriate Advisor.
If the Complainant is not satisfied with the outcome of the discussion with the Respondent or the issue is not resolved satisfactorily, the Complainant should seek advice from an appropriate Advisor.
If the Complainant matter is not resolved after advice from an Advisor has been sought, or under alternative polices, process(es) or the collective agreements of unionized the Complainant may continue to try and resolve informally or proceed to formal resolution.
An Advisor may be legally obligated to act on an issue identified by a Complainant, and move to Formal Resolution (refer to section B. 12).

Formal Resolution

Filing a Complaint

A complaint alleging Discrimination, Harassment, or Bullying must be made in writing, and must contain particulars of the alleged Discrimination, including the names of the Complainant and the Respondent, a detailed description of the relevant facts (including dates, times and places), the names of any witnesses, and the remedy the Complainant is requesting.
The complaint must be filed with the office of the Senior Administrator.
The Senior Administrator will ensure that the Complainant has a copy of the Policy and these Procedures.
Except in exceptional circumstances, a complaint must be filed within six (6) months of the alleged contravention. If a continuing contravention is alleged in a complaint, the complaint must be filed within six (6) months of the last alleged instance of the contravention.
The Senior Administrator will review the complaint to determine whether the Complainant’s allegations, if proven, would fall within the scope of the Policy. The Senior Administrator may decide to interview the Complainant to assist in making this determination. If the Senior Administrator determines that the complaint does not fall within the scope of the Policy, they will:
1. immediately advise the Complainant in writing of the determination; and
2. refer the Complainant, as appropriate, to other College policies that may address the matter, or to other services within or outside the College that may be able to provide assistance.
The Complainant may apply to the Senior Administrator to withdraw all or part of a complaint at any stage of the process.
The College’s legal responsibility to provide an environment free from Discrimination, Harassment, and Bullying may require the College to initiate and/or proceed with a complaint on its own initiative. In such cases, the Senior Administrator will decide whether or not to proceed under the Policy or under other applicable College policies and procedures.

C. Responding to a Complaint

If the Senior Administrator determines that the Complainant’s allegations, if proven, would fall within the scope of the Policy, the Senior Administrator will:
1. immediately notify the Respondent of the complaint;
2. provide the Respondent with particulars of the allegations contained in the complaint;
3. provide the Respondent with copies of the Policy and this Procedure;
4. invite the Respondent to respond to the complaint; and
5. in confidence, and on a need-to-know basis, advise the applicable supervisor(s) and/or other appropriate College personnel that a complaint has been made;
6. Advise the complainant of the availability of the complaint process through the BC Human Rights Tribunal.
If the Respondent wishes to respond to the Complaint, the response must be in writing, and must contain a detailed reply to the allegations in the complaint (including dates, times and places), and the names of any witnesses.

D. Interim Measures

Where the Senior Administrator considers it appropriate to do so, the Senior Administrator may put interim measures into place pending the disposition of the complaint. The Senior Administrator shall ensure that such measures are non-punitive in nature.
In particular if the Complainant is a student, the Senior Administrator shall ensure that the student’s continued learning is not impacted by the harassment, discrimination, or bullying or by the complaint procedure. If the Student’s learning is/will be impacted, the student may be referred to Counselling so that appropriate support is provided.

E. Informal Resolution / Mediation

The Senior Administrator may seek to resolve the complaint informally, with the consent of the Complainant and the Respondent.
The Senior Administrator may appoint an external mediator to assist in the informal resolution of the complaint, subject to and in compliance with any applicable collective agreement requirements.
All communications between the parties during informal resolution meetings shall be without prejudice and confidential.
If an informal resolution acceptable to both the Complainant and the Respondent is reached, the Senior Administrator may:
1. prepare a Record of Resolution for signing by both parties; and
2. provide assistance to facilitate the implementation of the terms set out in the Record of Resolution.

F. Investigation

If the informal resolution process does not result in an agreement, or if the Senior Administrator determines in their sole discretion that it is not appropriate to seek an informal resolution, the Senior Administrator may either:
1. order that the complaint proceed to a formal investigation; or
2. subject to any applicable collective agreement requirements, make a decision regarding the complaint if the Senior Administrator determines in their sole discretion that it is possible to do so based on the information contained in the complaint and the response.
If the Senior Administrator orders a formal investigation, the Senior Administrator shall make arrangements for the appointment of an external investigator, subject to and in compliance with any applicable collective agreement requirements.
The Senior Administrator will provide the investigator with terms of reference for the investigation, copies of the complaint and the response, and the timeline for completing the investigation and report.
The investigator will interview the Complainant, the Respondent, and any witnesses the investigator believes may have information relevant to the complaint. The investigator will review any documents considered to be relevant. During the investigation, the investigator shall ensure that the Respondent is provided with a fair opportunity to respond to the Complainant’s allegations.
If the Complainant or the Respondent refuses to cooperate with the investigator, the investigator may proceed with the investigation without that person’s input.
After completion of the investigation, the investigator will prepare a report setting out:
1. the investigator’s findings of fact regarding the allegations contained in the complaint;
2. the investigator’s findings regarding credibility; and
3. any other information, findings or recommendations that are set out in the investigator’s terms of reference.
The investigator’s report will be delivered to the Senior Administrator.
The investigator’s report will not normally be disclosed to the parties, unless the Senior Administrator decides disclosure is beneficial in the circumstances. The report shall be disclosed if required by applicable collective agreement provisions or by law.

G. Decision

The Senior Administrator will review the investigator’s report and make a decision regarding the complaint.
If the Senior Administrator determines that the Respondent has not engaged in Harassment, Discrimination, or Bullying or otherwise violated the Policy, the Senior Administrator will:
1. dismiss the complaint; and
2. prepare a Record of Resolution which will be provided to the Complainant and the Respondent.
If the Senior Administrator determines that the Respondent has engaged in Harassment, Discrimination, or Bullying or has otherwise violated the Policy, the Senior Administrator will:
1. obtain and review any previous Record(s) of Resolution involving the Respondent;
2. if the Respondent is an employee, review the Respondent’s personnel file;
3. if the Respondent is a student, review the Respondent’s student file and consult with the Vice President Academic & Research or her/his designate;
4. make a decision regarding the sanction or penalty, if any, to be imposed on the Respondent, provided that if any sanction or penalty requires approval by the President, the Senior Administrator shall make a recommendation to the President who shall then make the decision;
5. make a decision regarding the remedy, if any, to be provided to the Complainant;
6. prepare a Record of Resolution which will be provided to the Complainant and the Respondent (edited as necessary to protect confidentiality), and filed in the Respondent's personnel or student file; and
7. take any other steps considered to be appropriate in the circumstances.
If an investigation concludes that a College member has made a bad faith complaint which is frivolous, vexatious, or malicious in, that College member will be dealt with in accordance with College policies, VCC’s Human Resource practices and/or the terms of the applicable collective agreement.

H. Records

All written reports and records issued under these Procedures will be considered confidential, except as otherwise provided by the Policy or as required by applicable collective agreements or by law. Files will be retained for a minimum of one (1) year, per section 31 FOIPPA.

I. Timely Processing of Complaints

Complaints filed under the Policy will be processed by the College as expeditiously as possible.
The College expects all participants to cooperate in the timely disposition of complaints.
Any person who interferes with or obstructs the timely investigation or disposition of a complaint may be subject to disciplinary action.

References and Resources

Definitions

Term	Description
Academic Freedom	has the meaning set out in the College’s policy statement on Principles of Academic Freedom.
Advisors	the Human Resources Department, College Ombudsperson, and representatives of the VCC Faculty Association or CUPE who receive concerns and allegations of Harassment, Discrimination or Bullying.
Bad Faith Complaint	is one in which a Complainant makes allegations of Harassment, Discrimination or Bullying knowing them to be false or submits a complaint for a purely malicious or vindictive purpose.
Bisexual	generally used to describe people who are romantically and/or sexually attracted to people of more than one sex or gender.
Bullying	is deliberate conduct or comment which a reasonable person would consider to be objectionable, directed towards a specific person, which serves no legitimate work or learning purpose and has the effect of creating an intimidating, humiliating, hostile or offensive work or learning environment, and is not based upon one of the grounds set out in the Human Rights Code. Bullying will normally be repeated, continuous or persistent behaviour, although a single incident, if sufficiently egregious, will constitute Bullying. Examples are provided in Appendix A.
College-Related Activity	means any activity at any location that is engaged in by the College or by persons acting under the College’s control. All activities on the College’s campuses are College-related unless they conducted under the control of a person, organization, association or group that is separate from the College.
Complainant	means a person who claims to have been harassed, discriminated against, or bullied in connection with a College-related activity.
Complaint	means a complaint alleging Harassment, Discrimination, or Bullying in connection with a College-related activity.
Discrimination	means any treatment or action (verbal or behavioural), covert or overt, intentional or unintentional, that has the purpose or effect of singling out an individual or group for differential treatment on a prohibited ground, and that has no bona fide and reasonable justification. Examples are provided in Appendix A.
Gay	a man who is romantically and sexually attracted to other men. It is sometimes used to refer to the general gay, lesbian, bi-sexual, transgender, queer (GLBTQ) community, but most often refers to just gay men.
Gender Identity	a person’s gender identity is the way in which they define and act on their gender. Gender expression is how they express their gender. An individual may be cisgender.
Cisgender	a person’s own sense of gender is congruent with their genitalia and other gender markers such as hormones. They may be transsexual or transgender.
Gender Identity Discrimination	Discrimination because of gender identity is any action based on a person’s sex or gender, intentional or not, that imposes burdens on a person or group and not on others, or that withholds or limits access to benefits available to other members of society. This can be obvious or subtle. Discrimination can also happen on a bigger, systemic level, such as when a rule or policy may appear to be neutral, but is not designed in an inclusive way.
Harassment	conduct or comments which ought reasonably to be known to be objectionable or unwelcome and serves no legitimate work and/or education related purpose and which detrimentally affects people in the work and/or education environment; or has adverse job-related and/or education-related consequences and is based upon one of the grounds outlined in the BC Human Rights Code. Examples are provided in Appendix A.
Heterosexual	created around the same time as ‘homosexual’ to describe individuals who are sexually attracted to the opposite sex/gender.
Homosexual	a scientific term invented in the 1800’s to refer to individuals who are sexually attracted to their own sex/gender.
Lesbian	a woman who is romantically and sexually attracted to other women.
Prohibited Ground	means the grounds of prohibited Discrimination identified in the BC Human Rights Code; age, ancestry, colour, criminal conviction that is unrelated to employment or intended employment, ethnic origin, family status, gender, mental disability, physical disability, political beliefs, race, religion, and sexual orientation.
Queer	the term queer has a history of being used as a derogatory name for members of the GLBTQ community and those whose sexual orientation is perceived as such, although some people use this word in a positive way to refer to the community. Sensitivity should be used with this term, as there are still many negative connotations with its use.
Record of Resolution	means in the case of an informal resolution, the resolution report signed by both the Complainant and the Respondent; or in the case of a finding by the responsible Senior Administrator regarding a complaint, the written report of their determination in the matter including a summary of the findings of fact and the discipline imposed, if any.
Reprisals or Retaliation	is Discrimination, Harassment or Bullying of an individual for invoking this Policy and for participating or cooperating in an investigation under this Policy or for associating with someone who has invoked this Policy or participated in the Policy’s procedures.
Respondent	means a person against whom an allegation of Harassment, Discrimination, or Bullying is made in connection with a College-related activity.
Senior Administrator	means the Vice President, People & Culture, or delegate. In the case of a complaint involving the Vice President, People & Culture, the “Senior Administrator” shall be the President or delegate. In the case of a complaint involving the President, the "Senior Administrator" shall be the Chair of the College’s Board of Governors or delegate.
Sex & Gender	sex refers to the biological sex of a person. Gender refers to their societal appearance, mannerisms, and roles.
Sexual Harassment	means conduct of a sexual nature by a person who knows or ought reasonably to know that such behaviour is unwanted or unwelcome, and which: - leads to or implies employment or academic consequences for the person harassed; or - interferes with a person’s participation in a College-related activity; or - creates an intimidating, hostile or offensive working or educational environment. Examples of behaviors within this category are provided in Appendix A.
Sexual Orientation	is a personal characteristic that covers the range of human sexuality from gay and lesbian, to bisexual, transgender and heterosexual orientations.
Sexual Orientation Harassment or Discrimination	involves unfair, differential treatment of individuals and groups based not on individual merit but on assumptions and stereotypes about their (real or perceived) sexual orientation. Examples of behaviors, conduct and practices within this category are provided in Appendix A
Straight	a slang word used to refer to the heterosexual members of our community.
Students and Employees	means all employees of the College, including administration, faculty and staff and all students enrolled in any College course or program.
Systemic Harassment or Discrimination	includes policies, practices, procedures, actions or inactions that appear neutral, but have an adverse impact associated with one of the prohibited grounds. These actions may include, but are not limited to, stereotypical portrayal of groups/individuals in materials, attendance policies that do not accommodate religious responsibilities, height and/or weight restrictions in course selection criteria and/or job postings that are not bona fide qualifications.
Transgender	an umbrella term used to refer to people who transcend the traditional concept of gender. Many feel as though they are neither a man nor a woman specifically, and many feel as though their biological sex (male, female, etc.) and their socialized gender (man, woman, etc.) do not match up. Some opt to change/reassign their sex through hormones and/or surgery and some change their outward appearance, or gender expression, through clothing, hairstyles, mannerisms, etc.
Transsexual	a subgroup of transgender people whose gender identity, sense of their own gender, contradicts gender markers, such as genitalia. Some, but not all, transsexuals take hormones, and/or have sex reassignment surgery to bring their body into line with their gender identity.
Two-Spirit	used by some First Nations to describe people in their culture who are gay, lesbian, bisexual or transgender.

Related VCC Policies

VCC Policies	Policy Number
Freedom of Information and Protection of Privacy	501
Sexual Violence and Misconduct	210
Standards of Employee Conduct & Conflict of Interest	202
Student Non-Academic Conduct	324
Students with Disabilities	327
Violence Prevention	211

Related Resources

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