WORKING DOCUMENT
YORK REGION DISTRICT SCHOOL BOARD
Policy and Procedure #240.0, Respectful Workplace and
Learning Environment
The Respectful Workplace and Learning Environment policy and procedure outline the belief that all
persons are entitled to work and learn in an environment that promotes human rights and equity of
opportunity and is free from discrimination and harassment.
Who has responsibilities?
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Board of Trustees
Director of Education
Associate Directors and Coordinating Superintendents
Human Resource Services
Superintendents, Principals, Managers and Supervisors
All Staff members
All parties of a human rights complaint
Relationship to Board priorities?
This policy and procedure supports the promotion of well-being through safe, caring and supportive schools
and workplaces.
In addition, it directly supports positive experience by students and staff members with respect to equity
and inclusivity in schools and workplaces.
Respectful Workplace and Learning Environment
1.
WORKING DOCUMENT
Board Policy #240.0
Respectful Workplace and
Learning Environment
The York Region District School Board believes that each person has the right to learn and/or work in an
environment that is free from discrimination and harassment and protects, promotes and supports human
rights. All members of the Board community are expected to maintain the highest level of professionalism
and respect at all times.
The Board is committed to meeting its obligation under the Canadian Charter of Rights and Freedoms, the
Ontario Human Rights Code and the Occupational Health and Safety Act. The Board is dedicated to
providing welcoming, respectful, safe, caring and inclusive schools and workplaces where human rights
are respected and the dignity and worth of every individual is recognized. Discrimination and harassment
will not be tolerated.
The Board is committed to addressing such complaints in a fair, equitable, collaborative and timely manner.
Application
This policy applies to all members of the York Region District School Board community including, but not
limited to, students, staff members, trustees and community members who access and/or use Board
property, facilities and/or services.
This policy and its related procedure addresses any and all forms of Ontario Human Rights Code related
harassment and discrimination or non-code related harassment. It includes harassment and discrimination
that occurs on or off Board property that is found to have an effect on the Board’s facilities, services, learning
and/or working environment as related to the protected social areas or that which is determined to be noncode based.
Discrimination and harassment can be based on any one or a combination of prohibited grounds in one or
more of the social areas. The Board will review and address competing human rights situations and/or
claims in accordance to Board Policy and Procedure and with reference to the Ontario Human Rights
Commission’s Policy on Competing Human Rights.
Complaints will only be investigated under one Board policy or procedure recognizing that complaints may
fall within the scope of various policies and procedures.
Retaliation against an individual for filing a complaint, being named in a complaint or participating in an
investigation is strictly prohibited. If this occurs, it may result in disciplinary action in accordance with
applicable Board policies and procedures.
If it is determined that a complaint has been filed in bad faith, the investigation may be discontinued and
disciplinary action may occur in accordance with applicable Board policies and procedures.
Respectful Workplace and Learning Environment
2.
Legislative Context
Accessibility for Ontarians with Disability Act
Canadian Charter of Rights and Freedoms
Education Act
Teaching Profession Act
Occupational Health and Safety Act
Ontario Human Rights Code
Responsibilities
The Board of Trustees is responsible for:
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supporting a working and learning environment that is respectful of human rights and free of
discrimination and harassment;
reviewing the Respectful Workplace and Learning Environment policy in accordance with the priorities
in the Trustees’ Multi-Year Plan and the approved policy review cycle; and
understanding and communicating with members of the community the Board’s commitment to the
Respectful Workplace and Learning Environment policy, where applicable.
The Director of Education is responsible for:
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implementing and operationalizing the Respectful Workplace and Learning Environment policy.
The Associate Directors, Coordinating Superintendents and Superintendents are responsible for:
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supporting and providing direction in the application of the Respectful Workplace and Learning
Environment policy and related procedure;
reviewing the complaint to determine the appropriate investigation process as outlined in the Respectful
Workplace and Learning Environment policy and procedure, when required; and
designating an internal staff member or third party investigator to conduct a human rights or competing
human rights investigation, as appropriate.
Human Resource Services is responsible for:
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providing consultative services to superintendents, principals, managers and supervisors in managing
human rights complaints, where applicable;
in conjunction with the appropriate Associate Director, Coordinating Superintendent, Superintendent or
designate, determining, where applicable, if the complaint is best handled under the Respectful
Workplace and Learning Environment policy or if it is better addressed through another Board policy,
procedure or process;
working with the appropriate Associate Director, Coordinating Superintendent, Superintendent or
designate to determine which process shall be undertaken to address a complaint if it is determined
that the complaint does not constitute discrimination or harassment as defined under the Ontario
Human Rights Code or the Respectful Workplace and Learning Environment policy; and
conducting, assisting or providing support for investigations of complaints and mediating resolutions,
where applicable.
Respectful Workplace and Learning Environment
3.
Associate Directors, Coordinating Superintendents, Superintendents, Principals, Managers and
Supervisors are responsible for:
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supporting an environment free from harassment and discrimination;
implementing the Respectful Workplace and Learning Environment policy and related procedure;
communicating and reviewing the Respectful Workplace and Learning Environment policy and related
procedure with the staff members they supervise or manage;
supporting the understanding and application of the Respectful Workplace and Learning Environment
policy and related procedures;
proactively responding to alleged or suspected situations and concerns of discrimination and
harassment;
supporting and managing a local level resolution where concerns arise or complaints are filed, when
applicable;
participating in a Ministry of Labour Visit and/or Investigation related to workplace harassment
investigations, as required;
ensuring that respectful workplace complaints are addressed in a consistent, impartial and timely
manner;
notifying their immediate supervisor and Human Resource Services of any complaint filed under this
policy;
conducting investigations and mediating resolutions, where applicable;
upon conclusion of an investigation, forwarding all documentation to the appropriate department for
retention; and
implementing recommendations identified in the outcome of respectful workplace investigations, where
applicable.
All staff, students, trustees and community members of the York Region District School Board are
responsible for:
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creating and maintaining an inclusive learning and working environment that is free from harassment
and discrimination and respectful of human rights;
being aware of their rights and responsibilities under the Respectful Workplace and Learning
Environment policy and related procedure;
discussing and/or reporting alleged or suspected harassment, discrimination and human rights
situations and concerns with a superintendent, principal, manager or supervisor, where appropriate;
understanding and adhering to the human rights complaint process as outlined in the Respectful
Workplace and Learning Environment procedure;
where appropriate, discussing concerns with the other party/parties prior to filing a formal complaint in
an effort to address and resolve concerns at the earliest possible stage;
participating in a Ministry of Labour Visit and/or Investigation related to workplace harassment, as
required;
being aware of and sensitive to issues of discrimination and harassment and taking proactive steps to
ensure the human rights of all individuals are respected and maintained;
demonstrating professional and respectful behaviour;
cultivating and maintaining inclusive learning and working Environment and services; and
conducting themselves in an appropriate and respectful manner that meets all applicable codes of
ethics, codes of conduct and standards of practice of the Board.
Any participant involved in a complaint covered by this policy is responsible for:
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being aware of their rights and responsibilities under the Respectful Workplace and Learning
Environment policy and related procedure;
cooperatively participating in investigations of respectful workplace complaints;
ensuring information about the complaint, investigation and outcome remains confidential;
Respectful Workplace and Learning Environment
4.
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being aware that, where applicable, investigators may be required to disclose information about the
investigation, and as required by law;
participating in a Ministry of Labour Visit and/or Investigation related to workplace harassment, as
required; and
understanding that any form of reprisal is prohibited.
Definitions
Community Members
Community members include, but are not limited to, committee members, contractors, parents/guardians,
permit holders, vendors, volunteers, visitors, service providers, community partners and all other persons
who are invited to or who work on Board property.
Competing Human Rights
Competing Human Rights situations exist when parties to a dispute claim that the enjoyment of an
individual’s or group of individual’s human rights and freedoms, as protected by law, would interfere with
another’s rights and freedoms. In such instances, legally protected rights must be present in both claims
and at least one of the claims must connect to human rights law.
Complainant
Any person or persons who file(s) a human rights complaint under the Respectful Workplace and Learning
Environment policy.
Discrimination
Discrimination is differential treatment, based upon a prohibited ground, which adversely impacts a person
or group of persons. Discrimination may occur directly or indirectly.
Harassment
Harassment is the act of engaging in a course of vexatious comments or conduct that is known or ought to
be known to be unwelcome, unwanted, offensive, intimidating, hostile or inappropriate and includes sexual
harassment. While often a pattern of comments or conduct, in limited circumstances, a singular incident
may be recognized as harassment, depending on the nature of the comment or conduct.
Harassing conduct includes, but is not limited to:
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epithets, remarks, jokes or innuendos;
showing or circulating offensive pictures, graffiti or materials, whether in print form or using e-mail
or other electronic means;
singling out an individual for humiliating or demeaning “teasing” or jokes; and
comments ridiculing an individual because of characteristics, dress, etc.
Code-Related Harassment
Code related harassment is based on any prohibited ground(s) identified in the Ontario Human Rights Code
Respectful Workplace and Learning Environment
5.
Non-Code Related Harassment
Non-code related harassment is not based on any of the prohibited grounds under the Ontario Human
Rights Code.
Respectful Workplace and Learning Environment Complaint
A Respectful Workplace and Learning Environment complaint is a complaint made, pursuant to the
processes outlined in the Respectful Workplace and Learning Environment procedure alleging an
individual, group of individuals or organization acted contrary to the Respectful Workplace and Learning
Environment policy.
Sexual Harassment
Sexual harassment, for the purpose of this policy, is considered code-related harassment and is defined as
follows:
(a)
engaging in a course of vexatious comment or conduct against a worker in a workplace because of
sex, sexual orientation, gender identity or gender expression, where the course of comment or
conduct is known or ought reasonably to be known to be unwelcome, or
(b)
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.
Investigators
Individuals who are designated as responsible for conducting an investigation and making a determination
associated with complaints filed under the Board’s Respectful Workplace and Learning Environment policy.
Participants in a Respectful Workplace and Learning Environment Investigation
Participants in an investigation may include:
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complainant(s),
respondent(s),
witness(es), and
investigator(s).
Prohibited Grounds
Under the Ontario Human Rights Code, prohibited grounds are:
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age,
ancestry,
colour,
race,
citizenship,
ethnic origin,
place of origin,
creed,
disability,
family status,
marital status (including single status),
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gender identity, gender expression,
receipt of public assistance (housing only),
record of offences (employment only),
sex (including pregnancy and breast feeding), and
sexual orientation.
Protected Social Areas
In accordance with the Ontario Human Rights Code, there are five social areas which include:
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contracts,
employment,
vocational associations,
housing accommodations, and
goods, services and facilities.
Representative
For unionized staff members, a representative is a union or federation executive member, from the
bargaining unit to which the employee belongs.
For non-union staff members, a representative is a person from an association to which the employee
belongs or a representative of the staff member’s choosing that is acceptable to the Board.
A complainant, respondent or witness has the option of having their identified representative, acceptable
to the Board, accompany them at a respectful workplace and learning environment investigative meeting.
Reprisal
Reprisal is the negative treatment or suggestion of negative treatment of an individual because of his/her
involvement in a human rights complaint, investigation, or resolution process.
Respondent
Depending on the nature of the complaint, a respondent may be any person named in a human rights
complaint who is alleged to have breached the Respectful Workplace and Learning Environment policy.
Witness
A witness is a person who may have information about a matter into which the Board is conducting an
investigation under the Respectful Workplace and Learning Environment policy.
Department
Director’s Office
Human Resource Services
Respectful Workplace and Learning Environment
7.
Related Policies
Appropriate Use of Technology
Violence Prevention and Intervention
Equity and Inclusivity
Supporting Community Concerns
Accessibility
Recruitment and Promotion of Staff
Health and Safety
Professional Misconduct and Progressive Discipline
Caring and Safe Schools
Conflict of Interest
Healthy Schools and Workplaces
History
Approved: 1993
Working Document: January 2005, November 2013, December 2015, November 2016
Revised: 1998, 2002, 2006, 2012, June 2014, November 2016
Current Status: Working Document
It is the expectation of the York Region District School Board that all employees, students and persons invited
to or visiting Board property; or partaking/volunteering in Board or school-sponsored events and activities will
respect the policies and procedures of the Board. The term “parents” refers to both biological/adoptive parents
and guardians in all Board policies and procedures.
Respectful Workplace and Learning Environment
8.
WORKING DOCUMENT
Board Procedure #240.0
Respectful Workplace and
Learning Environment
This procedure outlines the steps that will be taken to address complaints that are deemed to meet the
threshold of discrimination and/or harassment identified by the Respectful Workplace and Learning
Environment policy.
This procedure addresses complaints filed by a student, staff member, trustee or community member
against a student, staff member, trustee, community member or the Board.
Application of Procedure
All complaints should be reported within one year of the most recent alleged contravention of the Respectful
Workplace and Learning Environment policy. In the event a complaint is reported after one year, the
complainant must identify in writing the reasons for the delay in filing the complaint, for consideration.
Behaviour of a violent nature including physical and/or sexual assault must be formally reported and
investigated in accordance with the emergency response measures outlined in Policy and
Procedure #250.0, Violence Prevention and Intervention as follows:
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summon immediate assistance, if available,
in the case of an extreme or imminent threat of physical harm to yourself or any person, or when
immediate assistance in unavailable, call 9-1-1 to receive police support; and
refer to the emergency preparedness guide if necessary.
Concerns related to accommodation for the provision of services under the Accessibility for Ontarians with
Disabilities Act (AODA) should initially be reported under the Accessibility policy and procedure for
resolution prior to further consideration of investigation under this policy and procedure.
Complaints of workplace sexual harassment is classified as code related harassment.
Not all incidents of workplace conflict constitute harassment or discrimination as defined in the policy.
Interpersonal conflict and the normal exercise of supervisory responsibilities, including training, direction,
instruction, counseling, discipline and performance appraisal do not, in and of themselves, constitute
harassment. In circumstances where a determination has been made that the complainant’s submission
does not fall under the scope of the Respectful Workplace and Learning Environment policy and procedure,
the complainant will be advised in writing.
All staff members must cooperate in Ministry of Labour visits and/or investigations related to workplace
harassment investigations, as required.
Investigators may be required to disclose information about an investigation and as required by law.
The Board will assess anonymous complaints to determine if an investigation can or will be undertaken.
Respectful Workplace and Learning Environment
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Definitions
Anonymous Complaints
An anonymous complaint is a complaint filed without identifying a complainant and/or respondent.
Standard of Proof
The standard of proof to be applied in a Respectful Workplace and Learning Environment investigation is
the balance of probabilities. This means that on the evidence and information provided, the occurrence of
the event was more likely than not.
Complaint Resolution Processes
Early/Site-Based Staff Complaint Resolution Process
Parties to a complaint are encouraged to try to resolve concerns at the earliest possible stage. Early/sitebased resolution gives parties an opportunity to resolve a dispute in a collaborative, positive, pro-active and
respectful manner, without unnecessary escalation.
Any individual who believes that he/she has been harassed or discriminated against may choose, if he or
she feels comfortable, to:
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try to resolve the issue by directly approaching the person(s) involved, stating clearly that the
behaviour or actions are objectionable and must be stopped; and/or
if after approaching the person(s) involved, the behaviour does not stop or the behaviour escalates,
or if the individual does not wish to address the person(s) involved directly, he/she may contact his/her
principal, manager or supervisor who will ensure the concerns are addressed in a manner that is
appropriate in the circumstances. Where the person involved is the supervisor or principal contact
the designated Human Resource Services staff, superintendent, Coordinating Superintendent
responsible for Human Resources, or union representative for assistance in advising the other person
that their behavior is unwelcome, advice, and/or possible next steps.
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Where an early/site-based resolution has been reached, principals, supervisors or managers will continue
to monitor the situation and conduct subsequent meetings as necessary to ensure resolution is maintained
and that no further conduct contrary to the Respectful Workplace and Learning Environment Policy occurs.
Mediation is another option for site-based resolution. It is a voluntary process involving an individual acting
as a facilitator in direct communication with the parties involved with the complaint. It is an opportunity to
resolve disputes in a mutually respectful manner. By agreement of the parties, mediation can take place at
any time in the process.
Formal Staff Complaint Investigation Process
Any individual who believes that he/she has been harassed or discriminated against, and who, where
possible, has attempted to resolve the matter locally, may file a formal complaint under the Respectful
Workplace and Learning Environments procedure as outlined in Sections A-K. A formal complaint must:
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be in writing and signed (if support is required in reducing the complaint to writing accommodation
support should be requested through the principal, manager or supervisor);
specify the name(s) of the person(s) alleged to have demonstrated behavior(s) of a discriminating
and/or harassing nature;
specify the particulars of the behavior(s) believed to be discriminating and/or harassing in nature,
including the time, date and context of the alleged behavior(s);
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specify the names of individuals who may have been witness to the alleged conduct;
where appropriate, indicate the steps taken by the complainant to attempt to resolve the matter,
before filing a formal complaint; and
be submitted to the appropriate supervisory staff.
Potential Outcomes of a Respectful Workplace and Learning Environment Investigation
The following actions may be taken subsequent to an investigation and findings:
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counseling for one or both parties;
strategies to restore a positive working and learning environment, including, but not limited to, a
joint meeting of complainant(s) and respondent(s) to determine future operating norms;
training for one or both parties;
workshops;
restorative approaches;
disciplinary action in accordance with applicable Board policies and procedures; and/or
any other appropriate action.
A. A staff member who reports Code Related Harassment and/or Discrimination by another staff
member
Any staff member who believes he or she has been harassed or discriminated against by another staff
member may file a complaint directly to their principal, manager or supervisor.
Following receipt of a formal written complaint by a staff member against another staff member, the
superintendent, principal, manager or supervisor will notify the Coordinating Superintendent
responsible for Human Resources or designate of receipt of a formal complaint, provide a copy of the
report and engage in the following process, with support by Human Resource Services.
The complaint will be investigated and a decision made by their principal, manager or supervisor as
detailed under this section.
1. Provide written notification of receipt of the formal complaint to the complainant.
2. Provide written notification of the complaint to the person(s) named in the complaint (the
respondent(s) along with a copy of the written complaint. The notification should be provided to the
respondent within five business days of receipt.
3. Advise the respondent(s) of their right to provide a written response within five business days.
4. Notify both the complainant and the respondent(s) of the right to representation. Each person
involved in a complaint has the right to be accompanied by one representative during the meeting.
5. Notify all participants of the confidentiality requirements.
6. Determine who is to be interviewed as part of the investigation and conduct the investigation,
including collecting and reviewing any relevant documents pertaining to the investigation.
7. Meet separately with the complainant and the respondent(s). Every effort will be made to schedule
these meetings within five business days of receiving the respondent’s reply. This timeline may be
extended up to an additional five business days or at another mutually accepted time.
8. The investigator determines with whom meetings will be required to determine who has information
relevant to the complaint.
Respectful Workplace and Learning Environment
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9. At any time during the investigation, a joint meeting with the respondent and complainant may be
arranged in an attempt to facilitate a mutually acceptable solution. Such a meeting will only take
place where both parties are in agreement. Should one of the parties not wish a joint meeting to
take place, such a meeting will not be arranged.
10. Communicate the outcome of the investigation to the complainant and respondent(s) in writing
including whether or not it has been determined that there was a breach of the Respectful
Workplace and Learning Environment policy and if corrective action has been taken or is to be
taken, if applicable. Disciplinary consequences are not to be included in this communication.
11. Provide a copy of all documentation, including but not limited to, the complaint, outcome of the
investigation and resolution, including, but not limited to, disciplinary action, to Human Resource
Services. Human Resource Services shall retain the complaint, outcome of the investigation and
resolution for a period of no less than three years.
12. Any record of disciplinary action will be communicated and retained in accordance with
Professional Misconduct and Progressive Discipline policy, procedure and guideline.
B. A staff member who reports Code Related Harassment and/or Discrimination by his/her
supervisor
1. Any staff member who believes he/she has been harassed or discriminated against by his/her
supervisor may file a complaint directly to the person to whom the supervisor reports or the
applicable superintendent, coordinating superintendent or associate director responsible for the
school or department.
2. The complaint must be investigated by the person to whom the supervisor reports or another staff
member as assigned by the applicable superintendent, coordinating superintendent or associated
director responsible for the school or department.
3. Refer to Steps 1 – 12 as detailed under Section A.
C. A staff member who reports Non-Code Related Harassment by another staff member or their
supervisor
Any staff member who believes that they have been harassed by another staff member or by their
supervisor may submit a written complaint as detailed under the Formal Complaint Investigation
Process.
The complaint must be submitted to the supervisor, or in cases where the complaint is against a
supervisor, to the person to whom the supervisor reports. Once submitted, the complaint will be
assessed to determine if the allegations meet the definition of non-code related harassment as
determined by the Board.
If the complaint does not meet the definition of non-code related harassment it will not be investigated
under the Respectful Workplace and Learning Environment policy and the complainant(s) will be
notified of next steps where applicable.
Where an investigation is to be undertaken, the principal, manager or supervisor, or other designated
party, will be complete the following steps, where applicable:
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review the complaint;
identify the respondent(s), witnesses and any other applicable parties;
commence an investigation process and gather evidence;
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use all evidence obtained from the investigation including information gathered from identified
parties including, but not limited to, complainant(s), respondent(s), witnesses and any other
applicable parties, and/or any other relevant documents, to determine whether there has been
behaviour or conduct that would constitute non-code related harassment;
communicate the outcome of the investigation as follows;
● if the findings of the investigation indicate a breach,
● advise the complainant(s) and respondent(s) of the decision, in writing, including if
corrective action has been or is to be taken, if applicable; however, disciplinary
consequences are not to be included in this communication,
● support any required outcomes if applicable,
● ensure any disciplinary consequences are issued where applicable, and
● any record of disciplinary action will be communicated and retained in accordance with
Policy and Procedure #578.0, Professional Misconduct and Progressive Discipline,
● if the findings of the investigation indicate there has not been a breach, notify the
complainant(s) and respondent(s) in writing, and
● provide a copy of all documentation, including but not limited to, the complaint, outcome of the
investigation and resolution, including, but not limited to, disciplinary action, to Human
Resource Services. Human Resource Services shall retain the complaint, outcome of the
investigation and resolution for a period of no less than three years.
D. A student or staff member who reports Code Related Harassment and/or Discrimination or
Non-Code Related Harassment by a community member
1. A student or staff member who believes they has been harassed or discriminated against by a
community member may file a complaint directly with the principal of the school, supervisor of the
program or department, or appropriate superintendent.
2. The procedure for investigating such a complaint will follow due process and attempt to find an
appropriate and mutually agreeable solution.
3. Failing a mutually agreeable solution, the person leading the investigation will consult with the
appropriate Board staff to determine what resolution is possible under the Education Act and
applicable regulations, within Board policies and/or civil or criminal statutes.
4. Should the complaint against the community member be upheld, the individual(s) against whom
the complaint is made could be excluded from Board property, have their contract with the Board
terminated, and/or be subject to civil or criminal procedures.
5. Where the complainant is a staff member, communicate the outcome of the investigation in writing
including whether or not it has been determined that there was a breach of the Respectful
Workplace and Learning Environment policy and if corrective action has been taken or is to be
taken, if applicable. Disciplinary consequences are not to be included in this communication.
E. A student, parent/guardian or advocate of a student or community member who reports Code
Related Harassment and Discrimination and Non-Code Related Harassment by a staff member
or the Board
1. All complaints by a student, parent(s)/guardian(s) or advocate of a student against a staff member
of the Board must be immediately reported to the school principal.
2. If the complaint is against the school principal or vice-principal, the complaint must be made to the
superintendent of schools.
3. Verbal complaints must be followed by a written description of the situation. Students unable to
write out a complaint may use the assistance of an adult third party.
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4. The principal or the superintendent of schools will immediately inform the parent(s)/guardian(s) of
the student(s) that a complaint has been made, where applicable. Contact with parents/guardians
is not required for students who are 18 years or older unless the student so requests or agrees.
5. The principal or the superintendent of schools will provide the respondent(s) with a copy of the
written complaint within two business days of the complaint being made.
6. The superintendent of schools in conjunction with the Associate Director(s) and Coordinating
Superintendent responsible for Human Resources will designate a person to investigate.
7. The person investigating the complaint must hold a meeting with the persons involved within five
business days of receiving the complaint by the respondent or at a mutually agreeable time.
8. The person investigating the complaint will interview witnesses of the described events in a timely
manner. Written and signed witness statements are desirable.
9. Further meetings with the parties may be arranged with a view to reaching a mutually acceptable
solution. Joint meetings of the parties may be held if agreed to and desired by all parties.
10. If attempts to resolve the situation do not result in a mutually acceptable solution, the person
investigating the complaint will submit, to the superintendent of schools, within two business days;
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the written complaint,
a summary report of the action taken to date, and
confirmation that a meeting was called to attempt to reach a mutually acceptable solution.
11. In the case of a complaint against a principal or vice-principal, the superintendent of schools will
submit a copy of the written complaint, summary report of the action taken to date and notification
to the Coordinating Superintendent responsible for Human Resources.
12. The next step meeting must take place within 10 business days of the notification or at a time
mutually agreeable to the parties.
13. The resolution to the complaint will be communicated in writing to the parties within five business
days after the conclusion of the meeting. The Associate Directors and Coordinating Superintendent
responsible for Human Resources or designate, must be consulted when recommending
disciplinary action against a staff member to ensure system consistency.
14. The resolution to the complaint will be retained in the appropriate files for a period of at least three
years.
Appeal Process/Final Review of Decision (Applicable to Sections A through E only)
1.
Either party may make an appeal to the Director of Education.
2.
An appeal must be submitted in writing within 10 business days of receiving the decision of the person
investigating.
3.
The Director of Education may designate the appeal to another senior staff member or an external
third party, if deemed appropriate.
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4.
The Director of Education or designate will review the original decision and within 15 business days
will, in writing;
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affirm the original decision, or
amend the decision.
Note: An appeal is not meant to duplicate the investigation process that was undertaken. A person
who requests an appeal must have appropriate grounds such as:
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the investigator did not follow the process;
there is new evidence that was not known at the time of the investigation;
witnesses that could corroborate a complaint or response or provide key information,
were not interviewed; and/or
there is new evidence that could change the assessment of the credibility of one or more
of the persons interviewed.
F. Student(s) or staff member(s) who reports Code Related Harassment and/or Discrimination and
Non-Code Related Harassment by a student
1. A student or staff member who believes they have been harassed by a student(s) must have their
complaint reported immediately to the principal of the school or program/department where the
harassment took place.
2. The principal will immediately inform the parent(s)/guardian(s) of the student(s) that a complaint
has been made. Contact with parents/guardians is not required for students who are 18 years or
older unless the student so requests or agrees.
3. The principal or other appropriate senior staff member will hold discussions with the affected parties
and attempt to resolve the incident/complaint within five business days, where appropriate. Staff
members have the right to be represented at all times by their union, federation or professional
association representative.
4. Appropriate action will be taken in accordance with Procedure #668.7, Code of Student Conduct,
the school’s code of conduct and all relevant policies and procedures.
5. Procedural assistance may be provided by the superintendent or the Associate Director and
Coordinating Superintendent responsible for Human Resources.
6. If a resolution cannot be found at the school level, the superintendent will attempt to work with the
parties to resolve the situation.
7. Any student found to be responsible for an act of harassment is subject to disciplinary action as
outlined in Policy #668.0, Caring and Safe Schools and its related procedures.
8. A record of the incident and the resolution will be kept in the student’s Ontario Student Record
(OSR) file for a period of at least one year.
9. Where the complainant is a staff member, communicate the outcome of the investigation in writing
including whether or not it has been determined that there was a breach of the Respectful
Workplace and Learning Environment policy and if corrective action has been taken/is to be taken,
if applicable. Disciplinary consequences are not to be included in this communication.
Respectful Workplace and Learning Environment
15.
G. A community member or community members who reports Code Related Harassment and
Discrimination and Non-Code Related Harassment by a student
1. A community member who believes they have been discriminated or harassed by a student must
report their complaint immediately to the principal of the school or program/department where the
harassment or discrimination took place.
2. The principal will immediately inform the parent(s)/guardian(s) of the student(s) that a complaint
has been made. Contact with parents/guardians is not required for students who are 18 years or
older unless the student so requests or agrees.
3. The principal or other appropriate senior staff member will investigate the complaint in a timely
manner.
4. Appropriate action will be taken in accordance with the Code of Student Conduct procedure, the
school’s code of conduct and all relevant policies and procedures.
5. Procedural assistance may be provided by the superintendent or the Associate Director and
Coordinating Superintendent responsible for Human Resources.
6. Any student found to be responsible for an act of harassment or discrimination is subject to
disciplinary action as outlined in Policy #668.0, Caring and Safe Schools and its related procedures.
7. Upon conclusion of an investigation, retain all documentation in accordance with the Board’s
document retention guidelines.
H. Student(s), staff member(s) or community member(s) who reports Code Related Harassment
and Discrimination and Non-Code Related Harassment by a trustee
1. Student(s), staff member(s) or community member(s) who believe they have been discriminated
against or harassed by a trustee should report the incident/complaint to the following individuals,
where applicable.
●
●
●
Staff members should report the incident to their superintendent.
Students should report the incident to the school principal who shall report the incident to the
superintendent of schools.
Community members should report the incident to the principal, manager or supervisor who
shall report the incident to the appropriate superintendent.
2. The superintendent shall bring the complaint forward to the Director of Education or designate and
the Manager of Board and Trustee Services, or designate, who will:
●
●
report the incident/complaint to the Chair of the Board; and
make every reasonable effort to ensure the safety of the student(s), staff member(s) or
community member(s).
3. An incident involving the Chair of the Board should be reported to the Director of Education or
designate who will bring the matter to the Board of Trustees.
4. The investigation of such a complaint will be conducted with due process.
Respectful Workplace and Learning Environment
16.
5. Where the complainant is a staff member, communicate the outcome of the investigation in writing
including whether or not it has been determined that there was a breach of the Respectful
Workplace and Learning Environment policy and if corrective action has been taken or is to be
taken, if applicable. Disciplinary consequences are not to be included in this communication.
I.
A trustee who reports Code Related Harassment or Discrimination and Non-Code Related
Harassment by staff member(s), student(s) or community member(s)
1. A trustee who believes he/she has been discriminated against or harassed by a staff member,
student or community member shall report the incident/complaint to the Director of Education or
designate.
2. The investigation of such a complaint will be conducted with due process by the Director of
Education or designate.
J. A community member or community members who reports Code Related Harassment and
Discrimination and Non-Code Related Harassment by a community member(s)
Where a community member believes that they have been discriminated against or harassed by a
community member and where this action has arisen out of their role or responsibility as it relates to a
school, program or department within the Board and/or service provided to the Board, they must report
their complaint immediately to the principal or manager/supervisor of the program or department where
the harassment or discrimination is alleged to have taken place.
1. The principal or other appropriate senior staff member will investigate the complaint in a timely
manner and where required take the appropriate action in accordance with Board policies and
procedures.
2. Procedural assistance may be provided by the Coordinating Superintendent responsible for Human
Resources or designate.
K. Any member of the York Region District School Board community who reports Code Related
Systemic Discrimination against the Board
Where an individual feels that the operation of a Board policy, procedure, process or practice is
discriminatory under the Ontario Human Rights Code, the complaint should be submitted to the
Associate Director or Coordinating Superintendent responsible for the policy, procedure, process or
practice to which the complaint applies.
The following information should be contained in the written submission;
●
●
●
●
●
the reason for the complaint,
details about the nature of the complaint,
any person(s) who may have additional information about the complaint,
indicate any steps taken, if any, by the complainant(s) to attempt to resolve the matter before the
formal complaint was filed, and
evidence to support the complaint, where applicable.
Respectful Workplace and Learning Environment
17.
A complaint that falls within the scope of the Respectful Workplace and Learning Environment policy
will be investigated and a decision made by the appropriate Board authorized representative as outlined
below.
1. Notify the complainant, in writing, that they have received the formal complaint and that it will be
investigated.
2. Notify all parties involved in the investigation of the confidentiality requirements.
3. Identify the respondent(s), witnesses and any other applicable parties.
4. Gather evidence deemed necessary to the investigation, including, but not limited to, requesting all
pertinent information from parties associated with the complaint.
5. Report findings of the investigation to the Coordinating Superintendent responsible for Human
Resources or designate who will consider, confirm or amend the final decision or require a new
investigation be initiated.
6. Communicate the outcome of the investigation to the complainant and the respondent. If the
findings of the investigation indicate a breach of the Respectful Workplace and Learning
Environment policy, the communication will include the following;
●
●
●
advise the complainant(s) of the outcome of the investigation,
issue a written response outlining the outcome of the investigation and where applicable any
appropriate required action(s), to the respondent or delegate, and
advise the appropriate staff member(s) responsible for the implementation of the
recommendations, where applicable.
7. Provide a copy of all documentation including, but not limited to, the complaint, outcome of the
investigation and resolution to the appropriate Associate Director or Coordinating Superintendent,
or designate, where applicable, who shall retain the complaint and the findings of the investigation
for a period of no less than three years.
Note:
If the complaint does not meet the definition of discrimination and/or harassment, it will not be
investigated under the Respectful Workplace and Learning Environment policy and the
complainant(s) will be notified of next steps where applicable.
Respectful Workplace and Learning Environment
18.
Related Procedures
Appropriate Use of Technology
Violence Prevention and Intervention
Equity and Inclusivity
Supporting Community Concerns
Accessibility
Recruitment and Promotion of Staff
Health and Safety
Professional Misconduct and Progressive Discipline
Caring and Safe Schools
Conflict of Interest
Healthy Schools and Workplaces
History
Approved: 2006
Working Document: January 2005, November 2013, December 2015, April 2016, November 2016
Revised: 2012, November 2016
Current Status: Working Document
It is the expectation of the York Region District School Board that all employees, students and persons invited
to or visiting Board property; or partaking/volunteering in Board or school-sponsored events and activities will
respect the policies and procedures of the Board. The term “parents” refers to both biological/adoptive parents
and guardians in all Board policies and procedures.
Respectful Workplace and Learning Environment
19.