Human Resources

Policy: Respectful Learning & Working Environment - Policy is under review

EFFECTIVE DATE:

January 25, 2000 (replaces Policy Number S-7 Sexual Harassment Policy dated February 25, 1991)

AUTHORITY:

THE BOARD OF REGENTS

PURPOSE:

The purpose of this policy is to establish clearly a methodology for educating and training University employees and students with regard to discrimination and/or harassment, as well as a methodology for addressing any concerns or complaints regarding this issue.

SCOPE:

This policy and the procedures outlined herein apply to all employees and students at The University of Winnipeg.

RESPONSIBILITY:

The President is responsible for the communication, administration, and interpretation of this policy.

PREAMBLE:

The University of Winnipeg affirms the values of equal opportunity, equity, social justice, and mutual respect. The University:

i) continues to be committed to academic freedom and freedom of thought, inquiry, and expression among its members;
ii) functions in the context of a richly diverse society;
iii) recognizes that the attainment of excellence is furthered by the contributions made by persons reflecting this rich diversity;
iv) has a duty to act in a manner consistent with existing legislation and its own policies related to human rights;
v) through education, attempts to prevent behaviour which violates human rights on the basis of ethnicity or national origin, age, sex or gender, sexual orientation, marital or family status, source of income, disability, religious/political beliefs, ancestry (including colour and perceived race);
vi) has a duty to investigate and remedy any such violation whether it occurs on University property or in conjunction with University-related activities;
vii) continues to develop responsible programs and initiatives to prevent and eliminate discrimination, including systemic discrimination;
viii) supports the concepts of pay equity, employment equity and reasonable accommodation for those with special needs;

These basic principles promote and sustain healthy relations among members of the University community. The University and all members of the University community share the responsibility of establishing and maintaining a climate of respect and appreciation for the differences within this community. The University also acts in a fiduciary capacity in relation to its students, and in particular to those students who are minors. This responsibility is to protect fundamental human rights and ensure equitable treatment of individuals or members of a group.

The following policy and procedures are not construed as removing any statutory rights or obligations or any existing rights or obligations arising out of any existing collective agreement.

Discrimination and Harassment Prohibited:

Freedom from discrimination and harassment is a fundamental right of all members of the University community. The University of Winnipeg prohibits any form of discrimination or harassment whether it occurs on University property or in conjunction with University-related activities. Discrimination or harassment may be physical or psychological in nature. Many instances of harassment will involve patterns of conduct which extend over a period of time. However, a single incident of particularly offensive conduct could constitute harassment or discrimination.

Definitions:

1 In this policy:

(a) “Administrator” means the President and the appropriate Senior Administrator;
(i) in the case of a complaint involving a Vice-President, the President of the University;
(ii) in the case of a complaint involving the President of the University, the Officers of the Board of Regents;

(b) “Harassment Officer” means the individual appointed by the President to act as the Harassment Officer responsible for dispute inquiries and resolution in accordance with section 5(1) of the policy;

(c) “Discrimination” has the meaning set out in section 2 of this policy;

(d) “Final Investigative Report” means the report of investigation submitted by the Harassment Officer to the Senior University Administrator including the covenants, if any, of the respondent and the complainant;

(e) “Harassment” means sexual harassment, personal harassment, racial harassment, or reprisal, as defined in section 3 of this policy;

(f) “Member” means member of the President’s Advisory Committee on Human Rights;

(g) “PACHR” means the President’s Advisory Committee on Human Rights appointed pursuant to section 7 of this policy;

(h) “Preliminary Investigative Report” is the written report prepared by the Harassment Officer at the completion of an investigation;

(i) “Record of Determination” means the written report of the responsible Administrator setting out his or her determination regarding a complaint of discrimination or harassment including a summary of the findings of fact, together with the discipline imposed, if applicable;

(j) “Record of Settlement” means a memorandum in writing from the Harassment Officer setting out the terms of the informal resolution of a complaint of discrimination or harassment;

(k) “University” means The University of Winnipeg;

(l) “University community” means students, academic staff, support staff, administrators and the members of the Board of Regents of the University and anyone doing business with the University;

(m) “Working days” means Monday through Friday but excluding holidays.

Discrimination:

2(1) In this policy “discrimination” means:

(a) differential treatment of an individual on the basis of the individual’s actual or presumed membership in or association with some class or group of persons rather than on the basis of personal merit; or

(b) differential treatment of an individual or group on the basis of any characteristic referred to in 2(2) below; or

(c) differential treatment of an individual or group on the basis of the individual’s or group’s actual or presumed association with another individual or group whose identity or membership is determined by any characteristic referred to in 2(2); or

(d) failure to make reasonable accommodation for the special needs of any individual or group, if those special needs are based on any characteristics referred to in 2(2); or

(e) harassment or a course of abusive and unwelcome conduct or comment undertaken or made on the basis of any characteristic referred to in 2(2).

2(2) The applicable characteristics for the purpose of 2(1)(b), (c), (d) and (e) are:

(a) ancestry, including colour and perceived race;
(b) nationality or national origin;
(c) ethnic background or origin;
(d) religion or creed, or religious belief, religious association or religious activity;
(e) age;
(f) sex including pregnancy, the possibility of pregnancy or circumstances related to pregnancy;
(g) gender determined characteristics or circumstances other than those included in clause (f);
(h) sexual orientation;
(i) marital or family income;
(j) source of income;
(k) physical or mental disability or related characteristics or circumstances, including use of a guide dog or other animal assistant, a wheelchair, or any other remedial appliance or device;
(l) political belief, political association, or political activity.

2(3) For the purposes of this policy, discrimination includes any act or omission that results in discrimination within the meaning of section 2(1), regardless of the form that the act or omission takes and regardless of whether the person responsible for the act or omission intended to discriminate.

2(4) No member of the University community shall discriminate with respect to any service, use of facilities, program or privilege available to the public or to a section of the public, unless bona fide and reasonable cause exists for the discrimination;

2(5) No member of the University community shall discriminate with respect to any aspect of employment unless the discrimination is based on bona fide and reasonable requirements or qualifications for the employment.

Types of Harassment:

3(1) For the purposes of this policy “sexual harassment” means:
(a) unwanted sexual attention of a persistent or abusive nature made by a person who knows or ought reasonably to know that such attention is unwanted; or
(b) implied or expressed promise of reward for complying with a sexually-oriented request; or
(c) actual reprisal or an implied or expressed threat of reprisal for refusal to comply with a sexually-oriented request; or
(d) actual denial of opportunity or an implied or expressed threat of denial of opportunity for refusal to comply with a sexually-oriented request; or
(e) sexually-oriented behaviour including behaviour which has the purpose or effect of creating an intimidating or hostile learning or working environment.

3(2) For the purposes of this policy “personal harassment” means: repeated, non-constructive, intentional and offensive comments or actions designed to offend, abuse or humiliate a person, when such conduct has the purpose or effect of substantially or unreasonably interfering with an individual’s performance, or which create an intimidating, hostile or offensive learning or working environment.

3(3) For the purposes of this policy “racial harassment” means: unwelcome, inappropriate, demeaning or otherwise offensive behaviour directed at a person or group of persons, which is based on race, colour, nationality or ethnic origin; or any racial comments or behaviour which create an uncomfortable or threatening learning or working environment.

3(4) For the purposes of this policy, “reprisal” means: any punitive or retaliatory behaviour taken against a complainant, a respondent or a witness, which arise out of a complaint under this policy, and which is designed to offend, humiliate, intimidate or isolate such person or to prevent a full, fair and impartial investigation into a complaint. Retaliatory behaviour may include public disclosure of the complaint, the Record of Settlement, the Preliminary Investigative Report, the Final Investigative Report or the Record of Determination.

Affirmative Action:

4 Notwithstanding any other provision of this policy, it is not discrimination, or a contravention of this policy:

(a) to make reasonable accommodation for the special needs of an individual or group, if those special needs are based upon any characteristic referred to in subsection 2(2); or
(b) to plan, promote or adopt an affirmative action program that has, as its purpose, the amelioration of conditions of disadvantaged individuals or groups, including those who are disadvantaged because of any characteristic referred to in subsection 2(2).

Harassment Officer Responsible for Dispute Inquiries and Resolution:

5(1) The President, on the advice of PACHR, shall appoint an individual to act as the Harassment Officer;

5(2) Where the Harassment Officer, or either of the parties, believes it would be an actual or perceived conflict of interest for the Harassment Officer to conduct the investigation and/or informal resolution of the complaint, the President will review the matter and, where appropriate, appoint an Acting Harassment Officer.

Role of the Harassment Officer Responsible for Dispute Inquiries and Resolution:

6(1) The Harassment Officer shall report directly to the President.

6(2) The Harassment Officer shall:

(a) be responsible for the implementation of the policy;
(b) not act as an advocate for any group or individual in relation to this policy;
(c) be an advocate for the elimination and prevention of discrimination or harassment;
(d) where appropriate, refer complainants and respondents to suitable services to provide counselling, advice or support on a confidential basis. Such services may include the Employee Assistance Program, the Student Counselling Services, Student Academic Advising, Special Needs, or other support services within or outside the University;
(e) function as a referral person to the Human Relations Support Service Coordinator(s), when appropriate;
(f) act as a registrar of complaints and concerns;
(g) engage in or provide support for alternate dispute resolution as appropriate, e.g., conciliation, mediation, conflict resolution;
(h) act as investigator of complaints and concerns;
(i) maintain confidential case files and pertinent statistics on all matters of alleged discrimination or harassment referred to the Harassment Officer. Such files shall not be accessible to anyone other than the Harassment Officer, except through direction of the President of the University and subject to certain powers of production and search and seizure which are vested in various legal authorities and the courts;
(j) report annually to the Board of Regents and to the University community through the President on matters relating to discrimination and harassment including, without names or other identification, the disposition of cases pursuant to this policy;
(k) act as education officer to PACHR;
(l) assist PACHR in providing the University community with information about the issue of discrimination and harassment and its prevention;
(m) ensure that the University community is aware of this policy; and
(n) consult with representatives of the University community on the issues of discrimination and harassment.

6(3) The Harassment Officer, with the input of PACHR, shall prepare a report for the President every two (2) years which shall:

(a) contain an assessment and evaluation of the procedures set forth in this policy;
(b) be distributed to the constituencies represented on PACHR.

President’s Advisory Committee on Human Rights:

7(1) PACHR shall be composed of:

(a) two (2) members of academic staff chosen by and from the academic staff;
(b) two (2) members of support staff chosen by and from the support staff;
(c) two (2) members appointed by the President;
(d) two (2) students appointed by the UWSA;
(e) the Harassment Officer (who shall be a non-voting member).

7(2) PACHR shall be gender-balanced in each constituency noted in subsection 1. Whenever possible, committee members should reflect the diverse cultural, linguistic and racial realities within the University community.

7(3) Members shall serve a term of two years commencing September 1 of each year. Initially, one of the members of each constituency shall be elected for a term of one year and one member of each constituency shall be elected for a term of two years. Thereafter, all members shall be elected for a two year term. Members are eligible to serve more than one term.

7(4) One of the members chosen by the President shall be designated to convene the first meeting.

7(5) The chair shall be elected each year by the members of the Committee.

7(6) The Committee shall formulate its own rules of procedure and policy guidelines, consistent with this policy, and shall communicate these to the President.

7(7) PACHR shall assist the Harassment Officer in the development and delivery of an ongoing education program and shall recommend an annual budget for the program.

7(8) PACHR shall prepare an annual report to the Board through the President focussing on educational programs designed to eliminate discrimination and harassment.

Complaint Procedure:

8(1) The Harassment Officer will receive inquiries and complaints.

8(2) The Harassment Officer shall advise those persons who have submitted such inquiries or complaints of the policy and its procedures.

8(3) The Harassment Officer shall determine whether or not such inquiries or complaints are within the scope of the policy, and shall advise those persons who have submitted such inquiries or complaints of this determination.

8(4) Complaints shall be made in writing and shall be submitted within one year of the date of the last alleged incident of discrimination or harassment.

8(5) The complaint shall contain details of the alleged discrimination or harassment, including the name of the respondent, particulars of the incident(s), and, where possible, the date, time, and place of the incident(s), together with the names of any witnesses.

8(6) Upon receipt of the written complaint, the Harassment Officer shall:

(a) inform the respondent in writing forthwith of the allegation(s);
(b) provide the respondent with a copy of the written complaint;
(c) in confidence advise the immediate supervisor and the responsible Administrator that a complaint has been made;
(d) inform the complainant and the respondent of the services offered through the Human Relations Support Services Co-ordinator, and/or other appropriate assistance in accessing the services.

Complaints on Behalf of Another Person:

9(1) Any member of the University community may ma:ke a complaint in writing to the Harassment Officer on behalf of another, within one (1) year of the date of the last alleged incident of discrimination or harassment.

9(2) The complaint shall contain the same details required under subsection 10(2).

9(3) When the complaint is made on behalf of another, the Harassment Officer shall determine whether there is sufficient cause to proceed to a formal investigation.

Informal Resolution:

10(1) Where appropriate, the Harassment Officer shall endeavour to seek an informal resolution of the complaint or concern. Formal resolution may take the form of mediation, conciliation, or counselling of one or both parties or similar activities.

10(2) If an informal resolution acceptable to both the complainant and the respondent is reached, the Harassment Officer shall prepare a Record of Settlement to be given to both parties.

10(3) A copy of the Record of Settlement shall be placed in the Harassment Officer’s file.

10(4) The Harassment Officer shall assist in bringing about whatever administrative or other action is needed to implement the informal resolution.

10(5) A copy of the Record of Settlement shall be reviewed by the Administrator, who shall consider whether the Record of Settlement contains an admission of harassment or discrimination and, if so, whether to place a notice to that effect on the respondent’s employment or student file.

Investigation:

11(1) If the complaint is not resolved informally, the Harassment Officer shall commence an investigation. The Harassment Officer shall have the authority to inquire of anyone who may have information pertinent to the complaint.

11(2) A Preliminary Investigative Report shall be made available to the complainant and respondent for comment within twenty-five (25) working days of the receipt of the complaint.

11(3) If the Preliminary Investigative Report is not complete within the time required in subsection (2), the Harassment Officer shall issue an interim report explaining the reason for the delay and shall in any event issue a Preliminary Investigative Report not later than seventy-five (75) working days after the receipt of the complaint.

11(4) The complainant and the respondent shall have ten (10) working days to respond in writing to the Preliminary Investigative Report.

11(5) A final report which shall include the Preliminary Investigative Report, the comments of the respondent, if any, the comments of the complainant, if any, and the further comments of the Harassment Officer (hereinafter collectively referred to as the “Final Investigative Report”) shall forthwith be submitted by the officer to the responsible Administrator. The complainant and the respondent shall receive a copy of the Final Investigative Report and shall have 10 working days to make any further written submissions to the Administrator.

11(6) Based on the Final Investigative Report, the Administrator shall decide whether there is sufficient information in order to determine whether the respondent has discriminated against or harassed the complainant.

11(7) If necessary, the Administrator may request further investigation, and/or an additional report, which shall be treated in the same manner as the original report.

Determination:

12(1) As soon as the Administrator has all the necessary or available information, he or she shall decide whether it is possible to make a determination. Where it is possible, he or she shall determine whether the respondent has discriminated against or harassed the complainant.

12(2) If the Administrator determines that the respondent has discriminated against or harassed the complainant, he or she shall:

(a) request and be provided with any previous Record of Determination or notification of informal resolution which has been placed on the respondent’s employment or student file;
(b) consult with the Harassment Officer or the Director of Human Resources, where appropriate;
(c) impose appropriate discipline on the respondent;
(d) prepare a Record of Determination which shall be placed in the respondent’s employment or student file.

12(3) If the Administrator determines that the respondent has not discriminated against or harassed the complainant, he or she shall:

(a) dismiss the complaint;
(b) determine whether the complaint was made frivolously or maliciously i.e., where the complainant knowingly made untrue allegations.
(c) prepare a Record of Determination which shall be provided to the complainant and the respondent; and

12(4) If the Administrator determines that the complaint was malicious, he or she shall:

(a) impose appropriate discipline on the complainant;
(b) place in the complainant’s employment or student file a copy of the complaint, together with a Record of Determination noting that the complaint was made maliciously.

Appeals:

13 Any determination made or discipline imposed pursuant to section 12 may be appealed as follows:

(a) in the case of an employee who is a member of a bargaining unit, the matter may be grieved in accordance with the procedure set out in the appropriate collective agreement;
(b) in the case of an employee who is not a member of a bargaining unit, the matter may be appealed in accordance with existing policies or procedures appropriate to that individual;
(c) in the case of a student, the matter may be appealed in accordance with the appeals processes of the University as specified in the University Calendar.

Temporary Removal:

14 Where appropriate, the Harassment Officer shall make arrangements through the appropriate Administrator for:

(a) the work and/or examinations, if any, of the complainant and/or the respondent to be evaluated by a third party whose interests are not at stake;
(b) the complainant and/or the respondent to be removed from the environment of the alleged discrimination or harassment.

General:

15 (1) Confidentiality of the complaint procedure is important in creating and maintaining an environment in which harassment and discrimination can be eliminated. To foster this end, confidentiality shall be maintained by the complainant and the respondent. The obligation to maintain confidentiality does not prohibit any party to a complaint from obtaining advice or counsel or from speaking to any union/association representative who is investigating the matter.

15 (2) It is also recognized that a person who believes herself or himself to be the victim of discrimination or harassment has a number of remedies which are not within the jurisdiction of the University including:

(a) laying an information with the police in cases involving sexual assault;
(b) commencing a civil action for damages;
(c) filing a complaint with the Manitoba Human Rights Commission; or
(d) in cases involving individuals under the age of eighteen (18), reporting the matter to Child and Family Services.

15 (3) Nothing in this policy limits the rights of any person to use the avenues of redress listed in subsection (1).

Records:

16(1) All records shall be kept confidential except as otherwise provided by the policy or as required by law.

16(2) Copies of the written complaint and all other material shall be maintained only by the Harassment Officer except as otherwise provided in this policy.

Statistical Records and Reports:

17(1) The Harassment Officer shall keep a statistical record of complaints which shall include:

(a) the nature of the complaint;
(b) the date of the complaint;
(c) the status of the complainant and the respondent (i.e., male, female, student, staff, etc.);
(d) if resolved formally, the nature of the resolution;
(e) the finding of the Administrator;
(f) where applicable, the nature of the discipline imposed.

17(2) The statistical records shall be summarized in the Harassment Officer’s annual report but shall not be reported so as to identify the parties involved.

17(3) The statistical records shall be analysed in order to determine if there are incidents of a similar nature so as to constitute evidence of systemic prohibited conduct or a hostile learning or working environment. Should such a pattern be identified, the Harassment Officer shall report it, and may recommend a process, a method for its implementation, and a method for measuring the effectiveness of its impact.

Amendment(s):

18 The Harassment Officer in conjunction with the committee shall have the responsibility to review the policy every two years and make recommendations to the President on any suggested changes.

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