DISCRIMINATION AND HARASSMENT PREVENTION
Section:
No:
Effective Date:
Revised:
Approved by:
Human Resources
7.30
March 1997
September 2000, February 2008, October 2008 (and renamed),
December 2011, October 2013
President
POLICY
Medicine Hat College is committed to a healthy, respectful, and harassment-free
environment for all members of the college community. This policy, along with the
College’s Discrimination and Harassment Prevention and Complaint Resolution
policy, is intended to prevent and deal with discrimination and harassment
efficiently and effectively. Medicine Hat College fosters a climate of respect and
will not tolerate discrimination or harassment of members of the college
community.
Definitions
Member of the college community: A member of the college community means
any employee, student, or any person who utilizes the services or facilities of
Medicine Hat College.
Complainant: Is a person who comes forward with a complaint that he or she
has experienced harassment or discrimination.
Respondent: Is a person who is alleged to be a harasser or responsible for
discrimination.
Prejudice: Prejudice is defined as an opinion or judgment, frequently
unfavourable, based on irrelevant considerations, inadequate knowledge or
inaccurate stereotyping.
Discrimination: Discrimination is defined as unjust practice or behavior, whether
intentional or not, based on race, religious belief, colour, gender, sexual
orientation, physical disability, mental disability, marital status, family status,
source of income, age, ancestry, or place of origin and which has negative
effect.
The Alberta Human Rights Act prohibits discrimination on the basis of the
above enumerated grounds. Complaints on these specific grounds may be
referred directly to Alberta Human Rights at any time by the complainant.
MEDICINE HAT COLLEGE
POLICY
DISCRIMINATION AND
HARASSMENT PREVENTION
No person acting on behalf of Medicine Hat College shall deny employment or
academic admission, discriminate in the terms and conditions of employment or
admissions, or refuse to continue to employ, educate or serve any person based
on a prohibited ground of discrimination.
No person acting on behalf of Medicine Hat College shall deny, or discriminate
against, any person or group of people with respect to accommodation services
or facilities customarily available to the public.
Note: a practice based on any of the above enumerated grounds,
even where its effect is negative, will not constitute discrimination if
the practice is a bona fide occupational requirement.
Harassment
Harassment is defined as the abusive, unfair, or demeaning treatment of
a person or group of persons which is known or ought reasonably to be
known as unwelcome.
In the context of the above definition, examples of harassment include:
a) verbal or physical abuse;
b) bullying, ridicule, threats, intimidation, or practical jokes that result
in awkwardness or embarrassment;
c) offensive signs or images; or
d) derogatory remarks, jokes, innuendo or taunts; or
e) objectionable and unwanted behaviour with no legitimate
educational or work related purpose, which:
(i) constitutes misuse of authority or abuse of an unequal
institutional power relationship;
(ii) implies that submission to or rejection of such conduct is
used explicitly or implicitly as a condition for employment or
education, or assessment decisions affecting the individual;
(iii) has the effect of interfering with an individual’s or group’s
work performance or educational experience; or
(iv) constitutes a clear pattern of mistreatment that is known, or
ought reasonably to be known, to be severe enough to have
the effect of creating an intimidating, humiliating, hostile or
offensive educational or work environment.
Sexual Harassment
Sexual harassment is any unwelcome behaviour of a sexual nature, such as
unwanted sexual advances, unwanted requests for sexual favours, and other
unwanted verbal or physical conduct or contact of a sexual nature.
Examples of sexual harassment include:
a) unwanted sexual solicitation, especially that of a repeated, persistent, or
abrasive nature;
b) sexually-oriented or gender-based remarks and/or behaviour directed
towards an individual or group that may be perceived by a reasonable
person to create a negative psychological and emotional environment for
work and/or study;
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c) remarks, jokes, or innuendos about sex or sexual orientation where the
speaker has been advised, or should otherwise be aware, that such
comments are offensive or demeaning or where they are by their nature
offensive or demeaning;
d) leering or other offensive or sexually suggestive or obscene gestures;
e) derogatory or degrading remarks used to describe or which are directed
toward employees of one sex or sexual orientation;
f) the display or distribution (either mechanically or through the use of
electronic media and e-mails) of sexually explicit or otherwise offensive
material (Note that an exception to this is where the material is used for
educational or academic purposes.);
g) refusing to work with people because of their sex or sexual orientation;
h) advances, invitations, or propositions of a sexual nature or repeated
invitation after previous requests have been refused;
i) persistent unwanted contact or attention after the end of a consensual
relationship;
j) any explicit or implicit advances, invitations or propositions of a sexual
nature which might, on reasonable grounds, be perceived as placing a
condition on a person’s employment, work assignment, compensation or
benefits or on any opportunity for training, promotion or career
development;
k) unwarranted inquiries or comments about a person’s personal life;
l) unwanted physical contact, including touching, patting, rubbing, pinching,
etc;
m) verbal abuse or threats of a sexual nature;
n) indecent exposure, stalking or sexual assault;
o) any implied or expressed promise of reward or threat of consequence for
complying or not complying with a sexually oriented request;
p) when submission to such conduct as set out above is made either explicitly
or implicitly a term of, or condition of, an individual’s employment or
education;
q) wh e n submission to, or rejection of, such conduct as set out above by an
individual affects that individual’s employment or education or individual’s
academic evaluation or performance review;
Discipline
The management and Board of Governors of Medicine Hat College reserve
the right to implement employee discipline. Under no circumstances will
reasonable discipline of an employee by his or her employer constitute
harassment.
Confidentiality
The College will make every effort to ensure that any complaint made pursuant to
this Policy is kept in confidence except as necessary to investigate and to
respond to any legal and/or administrative proceedings arising under this policy
or otherwise. Complainants and respondents are expected to maintain
confidentiality.
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Human Rights Advisor(s)
The President, on behalf of the College, shall designate a Human Rights Advisor,
or Human Rights Advisors, who shall report to the President or designate on
matters dealing with this policy. The Advisor(s) shall be selected on the basis of
appropriate qualifications, and accessibility. Advisors shall be appointed for a
term of three years, renewable. In addition, a contact person shall be designated
from Brooks Campus and shall report to the Advisor on the main campus who
will then handle the complaint.
Human Rights Advisory Committee
The Human Rights Advisory Committee is an advisory committee to the
President on matters related to human rights, exclusive of individual complaints
and is chaired by an executive member of MHC. Its purpose is:
To promote human rights within the college community;
To develop and implement initiatives that provide awareness, education
and information about human rights to the college community;
To monitor the policy and procedures on Discrimination, Harassment and
Sexual Harassment and to recommend changes where appropriate; and
To provide an annual report on the Committee’s activities to the President.
Discrimination and Harassment Prevention and Complaint Resolution
See Medicine Hat College’s Discrimination and Harassment Prevention and
Complaint Resolution policy (attached) for more information on how complaints of
harassment or discrimination are resolved.
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DISCRIMINATION AND
HARASSMENT PREVENTION
DISCRIMINATION AND HARASSMENT PREVENTION AND COMPLAINT
RESOLUTION (written in context with Policy 7.30 above)
Medicine Hat College Policy 7.30 – “Discrimination and Harassment Prevention” –
sets out in general terms what is meant by harassment and discrimination. This
Policy sets out the procedures and interventions developed by the College to deal
with allegations and situations of discrimination and harassment and to prevent
them from occurring.
Behaviours need not be intentional in order to be considered discriminatory or
harassing. Medicine Hat College is committed to a healthy, respectful, and
harassment-free environment for all members of the college community.
Notwithstanding this policy and the Discrimination and Harassment Prevention
policy, complainants and respondents shall maintain their rights to take any action
available to them either through collective agreements, courts of law, or the Alberta
Human Rights Commission.
1. Education
It is the goal of Medicine Hat College to educate all members of the college
community about the nature and impact of discrimination and harassment, and
about the processes of resolving problems/complaints. This will include
presentations, awareness campaigns, and the preparation and campus-wide
distribution of brochures and posters outlining the policy and procedures.
2. Interventions
The College has adopted four approaches for resolving the concerns of a
member of the college community who believes he/she may have been
subject to discrimination or harassment: direct, informal, formal and external
approaches. In all cases the rights of the alleged victim and the rights of the
alleged perpetrator must be respected and reputation preserved until a
decision has been reached by an authorized third party in accordance with the
policies and procedures.
2.1 Direct approach
Request that the Behaviour Cease
Any member of the college community who believes that she or he has
been subjected to harassment or discrimination is encouraged to make a
direct request of the individual(s) concerned that the behaviour(s) cease. It
is recognized that power imbalance, intimidation, and other factors may
make this approach inappropriate or unwise and that an individual may
need assistance in resolving his or her specific concern.
Request Assistance
A member of the college community may request assistance from a Human
Rights Advisor, counsellor, student association representative, faculty
association or union representative, , supervisor, manager, dean or
director.
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Consult with the Human Rights Advisor
Any person, who is unsure of how he or she should respond, whether or not
he or she should make a formal complaint, or if the conduct or behaviour
constitutes harassment or discrimination under the policy, should request a
confidential consultation with a Human Rights Advisor. This consultation
should take place promptly after the incident giving rise to the complaint so
as to facilitate a timely resolution.
The Human Rights Advisor will review the concern, assist the person to
identify appropriate ways of responding to the situation, review the
procedures, provide information on any alternative complaint procedures
available, and advise that the complainant must be prepared to be
identified to the respondent by name in any informal or formal resolution of
the complaint. Consultation with a Human Rights Advisor does not commit
the individual to filing a complaint. However, the Human Rights Advisors
have an obligation to inform the President or designate with or without the
consent of the complainant where appropriate. The College retains the
right to pursue an investigation if warranted.
2.2 Informal Resolution
The objective of the informal stage of resolution is for the complainant to
meet with the Human Rights Advisor to confirm a discriminatory or
harassing behaviour has occurred, and if so, to find an acceptable
resolution. As per the Discrimination and Harassment Prevention policy,
the college will make every effort to ensure all information is kept
confidential.
The Human Rights Advisor shall:
1. Inform the complainant of the policies and procedures;
2. Advise the individual whether there appears to be grounds to proceed
within the terms of the College policy on discrimination and harassment;
3. Discuss methods of resolution available; and
4. Advise the complainant of avenues of redress available within and
outside the college.
If the complainant wishes to proceed with the complaint internally, he or she
shall provide the Advisor with a written description of the alleged
harassment or discrimination, including dates, times, locations, others
present, what occurred, and the complainant’s response to the incident.
The written complaint must be made within 6 months of the incident, or
most recent of a series of incidents of harassment or discrimination.
Investigation
Once a written complaint is received by the Human Rights Advisor, an
investigation will be undertaken as soon as possible and all necessary
steps taken to resolve the problem. If a complaint is filed through the
Student Association, the Faculty Association or AUPE as a grievance, a
meeting will be held with the association or union representative before and
after the investigation.
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HARASSMENT PREVENTION
Within 15 working days of receipt of the written complaint, the Advisor shall:
1. Attempt to interview the respondent as well as individuals who may be
able to provide relevant information to determine if the allegation
appears to have merit or not,
2. Attempt to inform the respondent of the policy and procedures on
discrimination and harassment; and
3. Attempt to discuss the nature of the complaint with the respondent.
The respondent shall have the opportunity to provide a written response to
the complaint. If the respondent chooses to submit a written response, the
Human Rights Advisor shall set reasonable timelines for submission of the
response.
If the respondent has authority over the complainant, the Advisor may
request that the President appoint a third party to evaluate and/or supervise
the complainant’s work until the complaint has been resolved.
Mediation
Either party may request mediation as part of the informal resolution
process, but it will be arranged only with the consent of both parties. The
mediator, who may be the Human Rights Advisor or another member of the
College community or an external third party mediator, shall not have
punitive power. The mediator shall seek resolution of problems by mutual
agreement of the complainant and respondent.
Both the mediator and the format of the mediation process must be
acceptable to both parties. It is expected that both complainant and
respondent shall cooperate with the mediation process. Failure to do so
may result in the case being referred to the
Formal Resolution process.
Withdrawal of Complaint
The complainant may, at any time during the informal procedure, withdraw
the complaint. Such a request must be put in writing. The College may
pursue an investigation with or without the consent of the complainant
where appropriate. The respondent will be notified accordingly.
Summary Dismissal of Complaint
If, in the opinion of the Human Rights Advisor, the complaint is frivolous,
vindictive or vexatious, the Human Rights Advisor may submit a written
recommendation to the President that the complaint be summarily
dismissed, along with reasons for the recommendation. The President or
designate retains the discretion to implement the summary dismissal and, if
necessary, to provide a remedy to the respondent and/or take disciplinary
action against the complainant.
Written Request for Formal Resolution
If either party or the Human Rights Advisor is not satisfied with the informal
resolution he or she may submit a written request for formal resolution to
the President or designate of the College, or pursue the avenues of redress
available outside of the College.
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2.3 Formal Resolution
The formal resolution stage can begin when:
1. After ten days the respondent does not reply to requests of the Human
Rights
Advisor for an interview; or
2. if any attempt is made by the respondent to intimidate, manipulate, or
retaliate against the complainant; or
3. the outcome of the informal resolution did not satisfy both parties; or
4. at the recommendation of the Human Rights Advisor.
If the respondent has yet to file a written response to the complaint, he or
she will be allowed a second opportunity to do so upon submission by
either party or the Human Rights Advisor of a written request for formal
resolution.
Upon submission of a written request for formal resolution, the Human
Rights Advisor shall forward a copy of the complaint and any response filed
by the respondent to the President or designate, along with the request if it
was submitted to the Human Rights Advisor. The other party shall
immediately be informed of the request and the details of the complaint.
The President or designate shall appoint a Discrimination/Harassment
Review Committee as per the policy.
Discrimination/Harassment Review Committee
See Section 4.5 below for more information regarding the Committee. The
complainant and respondent shall be notified of the Committee
composition. Within 5 working days either party may challenge, for
reasonable apprehension of bias, any individual’s membership on the
Committee by advising the President or designate in writing.
The Discrimination/Harassment Review Committee shall be provided with
copies of:
the complaint;
any response(s);
the request for formal resolution;
the Discrimination and Harassment Prevention policy; and
the Discrimination and Harassment Prevention Procedures and
Complaint Resolution policies.
The Committee may call upon the Human Rights Advisor as a resource
person.
The Committee shall:
a) Request and consider information from both parties which might
enable them to find witnesses or other supporting evidence;
b) Investigate the allegations;
c) interview parties to the complaint and witnesses as required; and
d) Report its findings and recommendations to the President or
designate within sixty (60) days of completing its investigation.
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The Committee is free to develop appropriate practices and procedures to
investigate and conduct interviews properly and confidentially. Both parties
must be informed of their right to be accompanied by a representative. If a
union or professional association is present at this stage, it shall be without
prejudice to any subsequent grievance or action taken under the terms of
the relevant collective agreement or contract.
Resolution by the President Within 20 days of receipt of the
Discrimination/Harassment Review Committee’s report and
recommendations, the President shall dispose of the complaint and in doing
so may do any of the following:
impose an appropriate sanction;
provide remedy for the complainant; or
exonerate the respondent.
The appropriate criterion for a decision in this process is ‘proof on a
balance of probabilities’, meaning the standard of greater likelihood, the
standard in civil litigation. If it is concluded that the allegation has merit,
considerations affecting administrative action should include:
-
the severity of the behaviour;
whether the behaviour was intentional or unintentional;
whether the offense is an isolated incident or involves repeated
acts; and
mitigating or aggravating circumstances affecting any party.
The range of remedies may include, but are not limited to:
written or oral apology;
reassessment of academic work (e.g. examination or essay); or
transfer out of a particular class or work area.
The President might also order, depending on the seriousness of the
offense and the respondent’s relationship with the College, sanctions
against the respondent which include, but are not limited to:
ceasing to have any contact with the other party;
dismissal;
expulsion;
suspension;
mandatory sensitivity training or counseling; and/or
reprimand.
Where a complaint is found to be justified, the College will attempt to make
reasonable efforts to protect the complainant or anyone providing
information from any subsequent harassment, discrimination, or reprisal
which might arise as a result of the complaint.
Where the complaint is found to be frivolous, vindictive, or vexatious, the
President may provide a remedy for the respondent and/or may take
appropriate disciplinary action against the complainant.
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The President will inform the respondent and the complainant of the
decision of the Discrimination/Harassment Review Committee and confirm
in writing any remedial action or changes that may be required to prevent
future complaints.
Complainant’s Rights Throughout the Resolution Process
a) To file a complaint and have it dealt with in a timely fashion, without
fear of reprisal;
b) to have a person of the complainant’s choice accompany him/her
during the process;
c) to make sure that no record of the complaint is placed on the
complainant’s student or personnel file, as long as it was made in
good faith and was not frivolous, vindictive or vexatious;
d) to be informed about the process and progress of the complaint;
e) to be informed of the type of corrective measures that will result from
the complaint; and
f) to receive fair treatment.
Respondent’s Rights Throughout the Resolution Process
a) To be informed of the filed complaint;
b) to be given a written statement of the official allegations, and to
respond to them;
c) to have a person of the respondent’s choice accompany him/her
during the process;
d) to be informed that the process could result in a record on a student
or personnel file;
e) to be informed about the process and progress of the complaint; and
f) to receive fair treatment.
Confidentiality
The College will make every effort to ensure that any complaint made
pursuant to this Policy is kept in confidence except as necessary to
investigate and to respond to any legal and/or administrative proceedings
arising under this policy or otherwise. Complainants and respondents are
expected to maintain confidentiality.
Conflict of Interest
Should the nature of a complaint place any of the Administrators
responsible for acting under these procedures in a conflict of interest, a
member of the Executive team who has no involvement in the situation will
be responsible for identifying an alternative Administrator.
When the respondent is a Dean, Director, Manager or College Executive,
the complaint will normally be referred to an external investigator who shall
fulfill all the responsibilities of the Human Rights Advisor. The external
investigator will be selected by the President or designate preferably from a
list of investigators who are members of the Canadian Association for the
Prevention of Discrimination and Harassment in Higher Education
(CAPDHHE).
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The external investigator’s report shall include an opinion on whether
harassment or discrimination occurred and may include recommendations
for resolving the complaint. This report will be submitted to the President or
designate (or the Board of Governors should the complaint involve the
President) for resolution and right of appeal would be to the Board of
Governors.
2.4 External Resolutions
A complainant also has the right to contact the Alberta Human Rights
Commission to file a complaint of discrimination based on the prohibited
grounds defined under the Alberta Human Rights Act. In the case of
alleged harassment, a complainant also has the right to take legal action or,
if circumstances warrant, a charge may be filed with the police.
In the event that the complainant decides to pursue the complaint through
the Alberta Human Rights Commission, he or she shall advise the Human
Rights Advisor. No further action shall be taken by Medicine Hat College
on the complaint, pending the findings of the Alberta Human Rights
Commission.
In the event that the complainant decides to pursue legal civil action
through the courts, or to file charges with the police, he or she shall advise
the Human Rights Advisor. No further action shall be taken by Medicine
Hat College on the complaint, pending the outcome of court action.
3. Appeals
Any disciplinary action taken as a result of harassment or discrimination or
a complaint alleging harassment or discrimination may be subject to
grievance under the relevant collective agreement or appealed to the
President. Employees covered by a collective agreement are able to use
the grievance procedures outlined in the respective agreement. All others
are able to appeal to the President. If an employee proceeds under the
grievance procedure outlined in the applicable collective agreement, an
appeal to the President is not allowed.
Appeals to the President or designate shall occur within fifteen working days
of the decision being communicated to the individual and be in writing. Any
decision by the President respecting an appeal under this procedure will be
final.
4. Roles and Responsibilities
4.1 Responsibility of Members of the College Community
It is the responsibility of every member of the College Community to
behave respectfully, and contribute towards a healthy, discrimination-free
and harassment-free environment.
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4.2 Responsibility of Students
It is the responsibility of every student within the college to behave
respectfully and contribute towards a healthy, discrimination-free and
harassment-free environment.
4.3 Responsibility of Management
It is the responsibility of every person within this college who supervises
one or more person(s) to take timely and appropriate action to report
incidents of discrimination and harassment of any type to the Human Rights
Advisor, whether brought to their attention or personally observed. Under
no circumstances should a legitimate complaint be dismissed or
downplayed nor should the complainant be told to deal with it personally.
4.4 Responsibilities of the Human Rights Advisors
The responsibilities of the Human Rights Advisor include:
1. Handling initial complaints in discrimination and harassment cases;
2. Coordinating the collection of data on complaints and their
disposition;
3. Coordinating investigation procedures as appropriate on complaints;
4. Providing mediation between complainant and respondent, if
appropriate;
5. When requested, providing a recommendation to the President or
designate, or Discrimination/Harassment Review Committee on the
disposition of a complaint;
6. Promoting awareness and understanding of the issues outlined in
this policy to all members of the College community;
7. Developing and implementing an educational program that
addresses the prevention of discrimination and harassment;
8. Collaborating with administrative, student, faculty and support staff
leaders in endeavouring to maintain an environment free from all
forms of discrimination and harassment;
9. Reviewing the implementation of this policy and suggesting changes;
10. Maintaining membership with the Canadian Association for the
Prevention of Discrimination and Harassment in Higher Education
(CAPDHHE);
11. Pursuing professional development to continue to enhance skills in
investigation and in the promotion of human rights and harassment
prevention; and
12. Maintaining appropriate documentation of complaints, investigations
and outcomes.
13. In the case where a new Human Rights Advisor is appointed, all
related files must be transferred to the new incumbent(s).
Documentation Regarding Complaints
Written records regarding complaints and investigations shall be kept in a
secured
area, approved by the President or designate, and may be used for
statistical purposes only, with the following exceptions:
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In the case of repeated infringements by a respondent or
complainant, the President or designate, and – in cases of formal
resolution, the Discrimination/Harassment Review Committee – shall
be given a written report on the previous cases involving the
respondent. Such report will contain the dates, the general nature of
the complaint(s) and any resolution; or,
By court order.
If the investigation fails to find evidence to support the complaint, there will
be no documentation concerning the complaint placed in the file of the
respondent. If the incident is found to be justified it will be documented in
the respondent’s file. No documentation will be placed on the
complainant’s file where the complaint is filed in good faith and not found to
be frivolous, vindictive or vexatious, whether the complaint is upheld or not.
If no further complaints against a respondent are received within 3 years,
the documentation concerning the complaint will be destroyed.
4.5 Roles and Responsibilities of the Discrimination and
Harassment Review Committee
Accountability
The Discrimination/Harassment Review Committee is accountable to and
must submit a report to the President following the hearing process in
formal resolution cases.
Frequency of Meetings
The Discrimination/Harassment Review Committee is appointed to deal
with specific situations and will meet as often as necessary to review
evidence, establish recommendations, and write its report.
Membership
The Discrimination/Harassment Review Committee is chaired by the
President or designate and its membership shall be comprised as follows:
a) A balanced, but not necessarily equal, number of male and female
members;
b) One representative from each of the constituencies of faculty,
support staff, administration, and the student body;
c) Optional representation from the Board of Governors; and
d) Additional representation at the discretion of the President or
designate.
4.6 Roles and Responsibilities of the Human Rights Advisory
Committee
Purpose
The purpose of the Human Rights Advisory Committee is outlined in the
Discrimination and Harassment Prevention Policy.
Accountability
The Human Rights Committee is advisory to the President or designate.
Frequency of Meetings
Approximately four times a year.
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Membership
The committee shall be comprised of the following representatives:
Vice President, Medicine Hat College or designate
Director, Human Resources
Human Rights Advisors (1)
Students Association (1)
Student (1)
Faculty (1)
AUPE support staff (1)
Student Services (1)
International Education (1)
Brooks Campus (1)
Members at large (up to 4)