Procedure No.
Title
Approving Jurisdiction
Procedure Sponsor
Last Revised/Replaces
Effective Date
Signed by
A.3.1
Harassment, Discrimination, and Bullying Complaint
Procedures
Board of Governors
President
10.26.2000
04.04.2013
Board of Governors
DEFINITIONS
ACADEMIC FREEDOM: has the meaning set out in the College’s policy statement on Principles of
Academic Freedom.
ADVISORS: the Human Resources Department, Arbiter of Student Issues, 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: means Vancouver Community College.
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.
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COMPLAINANT: means a person who claims he/she has 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
(a) detrimentally affects people in the work and/or education environment; or
(b) 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
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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 his/her 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 Executive Director, Human Resources or his/her designate. In the
case of a complaint involving the Executive Director, Human Resources, the “Senior Administrator” shall
be the President or his/her designate. In the case of a complaint involving the President, the "Senior
Administrator" shall be the Chair of the College’s Board of Governors or his/her designate.
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
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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.
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
A. Early Resolution
Formal Resolution
B. Filing a Complaint
C. Responding to a Complaint
D. Interim Measures
E. Informal Resolution / Mediation
F. Investigation Decision
G. Records
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H. Timely Processing of Complaints
INFORMAL RESOLUTION
A. EARLY RESOLUTION
(1) Any College member with concerns about discriminatory, harassing or bullying behavior, is
strongly encouraged, to first speak with the Respondent, inform the Respondent of his/her
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.
(2) Complainants who are not comfortable speaking directly with the Respondent, should seek
advice from an appropriate Advisor.
(3) If the Complainant is not satisfied with the outcome of his/her discussion with the Respondent
or the issue is not resolved satisfactorily, the Complainant should seek advice from an
appropriate Advisor.
(4) 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.
(5) 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
B. FILING A COMPLAINT
(6) 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.
(7) The complaint must be filed with the office of the Senior Administrator.
(8) The Senior Administrator will ensure that the Complainant has a copy of the Policy and these
Procedures.
(9) 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.
(10)The Senior Administrator will review the complaint to determine whether the Complainant’s
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allegations, if proven, would fall within the scope of the Policy. The Senior Administrator may
decide to interview the Complainant to assist him/her in making this determination. If the
Senior Administrator determines that the complaint does not fall within the scope of the Policy,
he/she will:
a. immediately advise the Complainant in writing of the determination; and
b. 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.
(11)The Complainant may apply to the Senior Administrator to withdraw all or part of a complaint at
any stage of the process.
(12)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
(13)If the Senior Administrator determines that the Complainant’s allegations, if proven, would fall
within the scope of the Policy, the Senior Administrator will:
a.
b.
c.
d.
e.
f.
immediately notify the Respondent of the complaint;
provide the Respondent with particulars of the allegations contained in the complaint;
provide the Respondent with copies of the Policy and this Procedure;
invite the Respondent to respond to the complaint; and
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;
Advise the complainant of the availability of the complaint process through the BC
Human Rights Tribunal.
(14)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
(15)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.
(16)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
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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
(17)The Senior Administrator may seek to resolve the complaint informally, with the consent of the
Complainant and the Respondent.
(18)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.
(19)All communications between the parties during informal resolution meetings shall be without
prejudice and confidential.
(20)If an informal resolution acceptable to both the Complainant and the Respondent is reached,
the Senior Administrator may:
a. prepare a Record of Resolution for signing by both parties; and
b. provide assistance to facilitate the implementation of the terms set out in the Record of
Resolution.
F. INVESTIGATION
(21)If the informal resolution process does not result in an agreement, or if the Senior Administrator
determines in his/her sole discretion that it is not appropriate to seek an informal resolution,
the Senior Administrator may either:
a. order that the complaint proceed to a formal investigation; or
b. subject to any applicable collective agreement requirements, make a decision regarding
the complaint if the Senior Administrator determines in his/her sole discretion that it is
possible to do so based on the information contained in the complaint and the
response.
(22)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.
(23)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.
(24)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 he/she considers relevant. During the investigation, the investigator shall
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ensure that the Respondent is provided with a fair opportunity to respond to the Complainant’s
allegations.
(25)If the Complainant or the Respondent refuses to cooperate with the investigator, the
investigator may proceed with the investigation without that person’s input.
(26)After completion of the investigation, the investigator will prepare a report setting out:
a. the investigator’s findings of fact regarding the allegations contained in the complaint;
b. the investigator’s findings regarding credibility; and
c. any other information, findings or recommendations that are set out in the
investigator’s terms of reference.
(27)The investigator’s report will be delivered to the Senior Administrator.
(28)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
(29)The Senior Administrator will review the investigator’s report and make a decision regarding the
complaint.
(30)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:
a. dismiss the complaint; and
b. prepare a Record of Resolution which will be provided to the Complainant and the
Respondent.
(31)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:
a. obtain and review any previous Record(s) of Resolution involving the Respondent;
b. if the Respondent is an employee, review the Respondent’s personnel file;
c. if the Respondent is a student, review the Respondent’s student file and consult with
the Vice President Academic or her/his designate;
d. 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;
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e. make a decision regarding the remedy, if any, to be provided to the Complainant;
f. 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
g. take any other steps he/she considers appropriate in the circumstances.
(32)If an investigation concludes that a College member has made a bad faith complaint which is
frivolous, vexatious, or malicious in, he/she 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
(33)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
(34)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.
(35)Any person who interferes with or obstructs the timely investigation or disposition of a
complaint may be subject to disciplinary action.
RELATED POLICY
Refer to Human Rights Policy A.3.1
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Appendix No.
Title
Approving Jurisdiction
Procedure Sponsor
Last Revised/Replaces
Effective Date
Signed by
A.3.1.1
Examples of Harassment, Discrimination, and Bullying
Board of Governors
President
10.26.2000
04.04.2013
Board of Governors
Bullying includes but is not limited to the following behaviours:

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


persistently and excessively criticizing and scrutinizing the victim’s work without justification;
spreading malicious rumours;
belittling the victim’s opinions;
spying on or stalking the victim;
tampering with the victim’s desk, workspace or belongings;
excluding or ignoring the victim;
undermining or sabotaging the victim’s work by, say, setting unreasonable deadlines or
withholding key information;
engaging in physically abusive or aggressive behaviour such as pushing, hitting, spitting, finger
pointing or aggressively invading the victim’s personal space.
Discrimination includes but is not limited to the following behaviours, where the purpose or effect of the
behaviour discriminates against a person on a prohibited ground (see below):




Denying raises, benefits, promotions, leadership opportunities or performance evaluations;
Preventing any person from using College facilities or services;
Making determinations regarding a person's salary;
Instigating or allowing an environment that is unwelcoming or hostile.
on the basis of, or because of: age, ancestry, colour, criminal conviction that is unrelated to employment
or intended employment, ethnic origin, family status, sex (including gender identity and gender
expression) mental disability, physical disability, political beliefs, race, religion, and sexual orientation or
other possible grounds.
Harassment includes but is not limited to the following behaviours, where the purpose or effect of the
behaviour discriminates against a person on a prohibited ground (see below):
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





words, gestures, actions, jokes, or innuendoes, the natural consequence of which is to
humiliate, ridicule, insult or degrade;
threats, coercion, Bullying or intimidation;
actual or threatened physical assault;
displaying or circulating offensive pictures or other material;
persistent rudeness, taunting, patronizing or ostracizing;
deliberately ‘outing’ a gay, lesbian, bisexual, or transgender individual.
on the basis of, or because of: age, ancestry, colour, criminal conviction that is unrelated to employment
or intended employment, ethnic origin, family status, sex (including gender identity and gender
expression) mental disability, physical disability, political beliefs, race, religion, and sexual orientation or
other possible grounds.
Sexual harassment includes but is not limited to the following behaviours:









unwanted touching or physical contact;
unwelcome sexual flirtations, advances or propositions;
sexually suggestive, obscene or degrading comments or gestures;
offensive jokes or remarks of a sexual nature;
leering or staring;
displaying or circulating pictures or other material of a sexual nature (however, the legitimate
study, display, use or distribution of topics, material or art forms of a sexual nature that are
within appropriate academic norms is not sexual harassment);
unwelcome questions or remarks about a person’s sex life, gender, appearance, clothing, sexual
orientation, etc.;
express or implied promise of reward in return for complying with a sexually-oriented request;
reprisal, or express or implied threat of reprisal, for refusing to comply with a sexually-oriented
request.
Sexual orientation-based harassment or discrimination can include:












Intimidating or derogatory gestures;
Gay-bashing and other forms of physical or sexual violence, assault or threats of violence;
Negative or derogatory comments, innuendo, insults or slurs about gay, lesbian, bisexual, twospirited, transgender and/or queer persons;
Offensive nicknaming or name-calling;
Privileging of heterosexuality as everyone’s assumed orientation “unless known otherwise” ;
Silencing of talk about sexual diversity or treating topics of gay, lesbian, bisexual, two-spirited,
transgender and/or queer issues differently than other issues;
Forcing people to “come out” or stay “in the closet” against their wishes;
Linking homosexuality with pedophilia or child abuse;
Written threats or derogatory emails;
Homophobic graffiti or posters;
Assuming non-heterosexual persons “recruit” others to join their sexual orientation;
Negative stereotyping of particular groups based on their sexual orientation;
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


Assuming that sexual orientation is solely about sexual practice, is a “lifestyle choice” or is
an orientation less valid than heterosexuality;
Literature that promotes hatred towards persons based on their sexual orientation;
Assuming that all gay people have AIDS or are responsible for the spread of it.
Gender identity-based harassment or discrimination can include:

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

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Calling people names such as: she male, tranny, fag, dyke, drag queen / king
Taunting people by suggesting they don’t know what gender they are
Intimidating or derogatory gestures
Privileging of cisgendered experience
Assuming that cisgender experience is the norm
Outing people as transgender/transsexual
Written threats or derogatory emails
Negative stereotyping of trans people.
Assuming that a transsexual is not a “real” woman or man as people who are cisgender
Literature that promotes hatred toward people based on their gender identity
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