HARASSMENT POLICY
NON-DISCRIMINATION POLICY STATEMENT The Ontario College of Art & Design is committed to providing a study and work milieu that is free of discrimination. Harassment is a serious form of discrimination that violates human rights, dignity and integrity, and that can poison the work/study environment. The Ontario Human Rights Code specifically prohibits discrimination on the grounds of race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sex, sexual orientation, age, record of offences, marital status, family status, and handicap. Behaviour constituting harassment is considered incompatible with the standard of conduct of a member of the Ontario College of Art & Design Community: student, Teaching Faculty or staff. Sanctions will apply for those in breach of the university's Harassment Policy, including a range of responses from disciplinary action, up to and including dismissal in cases involving employees, and expulsion in cases involving students.
Education Prevention is the most effective tool the university can use to eliminate harassment. OCAD is committed to promoting widespread understanding about what constitutes discrimination and harassment and why, in its many forms, it is so harmful to its victims and dysfunctional to the university. Increased awareness of and sensitivity to the issue of harassment at OCAD is one of the main goals of this policy.
Academic Freedom This policy is not intended to inhibit academic freedom, but all Teaching Faculty in exercising this freedom shall respect the human rights, dignity, and integrity of their colleagues and students within our academic and learning environment.
Existing Contracts This policy must be interpreted and applied within the existing contracts between the University and its employees. It is the intention of the University that negotiations shall
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be undertaken, when possible and appropriate, with each of these contracts so as to bring the provisions of each contract in line with the intent of this policy.
Right of Representation Complainants and respondents may appoint agents or representatives to be present at any interview or proceeding.
Right to Testify No one who testifies in a harassment complaint can be penalized for providing evidence.
Separation of Respondent and Complainant If it is deemed necessary and appropriate, the Director, Student Services or the Director, Human Resources may intervene in the complaint process to discontinue contact between the complainant and the respondent during the period of consideration. It must be understood that, given the size of our institution, separation of the complainant and respondent may not always be possible.
Extension of Time Time periods set in the process described in the Harassment Procedures may be extended in exceptional circumstances.
Vexatious Complaint A complaint is deemed to be vexatious if it is deliberately and maliciously invented in order to damage the reputation of the respondent. This concept is not to be confused with a complaint made in good faith, that is found to be without merit.
Jurisdiction of the University Any incident involving members of the OCAD Community and having study or work repercussions may be properly considered harassment whether or not it occurs on campus or during normally defined working hours.
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Confidentiality All University management representatives and their support staff who are privy to information, or in possession of documentation pertaining to matters/incidents in the course of dealing with a harassment complaint, shall hold such in strict confidence. This shall include refraining from discussions or releasing information in any form, beyond that outlined in this policy, in the Harassment Procedures or as required by law. Confidentiality is guaranteed in the harassment policy process; anonymity is not. It is a fundamental principle of law that with an allegation of harassment, the name of the complainant be released to the respondent and to the investigator. Both the complainant and respondent may choose to seek advice or support by discussing the complaint with friends, family and associates. We do encourage them to consider whether widespread discussion of the complaint will interfere with a just resolution to the complaint.
DEFINITIONS Harassment Harassment is a course of vexatious comment or conduct based on a prohibited ground of discrimination that is known or ought reasonably to be known to be unwelcome. For the purpose of this policy, harassment at OCAD is defined more specifically as one or a series of unwanted, unsolicited remarks, behaviours or communications in any form, directed toward an individual or members of an identifiable group because of a prohibited ground of discrimination, which has the intent or effect of: a) creating an intimidating, hostile, or offensive psychological or emotional climate for work or study; and/or b) undermining work/academic performance; and/or c) preventing or impairing full and equal enjoyment of employment/educational services, benefits, and/or opportunities. In determining whether particular forms of conduct are harassment, consideration is given to the totality of the circumstances.
Sexual Harassment Sexual harassment may also consist of: a) generalized sexist remarks or behaviour;
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b) inappropriate and offensive sexual advances; c) solicitation of sexual activity or other sex-related behaviour by promise of rewards; d) coercion of sexual activity by threat of punishment.
Sexual Assault Sexual Assault is a crime as defined in the Criminal Code of Canada.
Gender/Sexual Orientation Harassment Gender/Sexual Orientation harassment may also consist of offensive comments and/or actions, and/or exclusion from that to which a person(s) would otherwise have a right or privilege, which demean and belittle an individual(s) and/or cause personal humiliation on the basis of gender and/or sexual orientation, but which may not be sexually motivated.
Racial/Ethnic Harassment Racial/Ethnic harassment may also consist of offensive comments and/or actions and/or exclusion from that to which a person(s) would otherwise have a right or privilege, which demean and belittle an individual(s) and/or cause personal humiliation on the basis of race, creed, colour, place of origin, citizenship and/or ancestry, but which may not be sexually motivated.
Disability Harassment Disability harassment may also consist of offensive comments and/or actions and/or exclusion from that to which a person(s) would otherwise have a right or privilege, which demean and belittle an individual(s) and/or cause personal humiliation on the basis of disability, but which may not be sexually motivated.
DOCUMENTATION The Director, Student Services is responsible for the maintenance of records of all formal and informal harassment complaints concerning students. As part of the sanctions process for a formal complaint that is found to be with merit, the President may require that a record of the harassment be kept in the employee's file in Human Resources, or the student's file in the Office of the Registrar.
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Complaint Process:
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Initial Contact
Any member of the OCAD community who wishes to discuss harassment or make a formal complaint should seek the counsel of one of the initial contacts: Director, Student Services or the Director, Human Resources. If the complainant requires particular experience or qualities from the counsellor, which are not available from the initial contacts, an alternate shall be provided.
II Formal Complaint An individual(s), Teaching Faculty, staff or student, who chooses the formal complaint procedure should communicate the complaint in writing to the President. This written complaint must normally be submitted within a year of the alleged incident(s), although this time criterion may be waived if special circumstances exist. The President is required to respond promptly to any formal complaint that has been filed. Upon the receipt of a written complaint, the President or a designate must within 15 working days: i) seek the counsel of the Director, Student Services or the Director, Human Resources; ii) obtain all relevant details from the complainant, record them, and forward a copy to the Director, Student Services if the complainant is a student, or the Director, Human Resources if s/he is a Teaching Faculty or staff member; iii) inform the respondent of the allegation(s) and provide her/him with a copy of the written complaint, and obtain, record and review the respondent's position in the matter. Whenever possible, every effort will be made by the Director, Student Services or the Director, Human Resources to separate the complainant and respondent during a harassment investigation, given the limitations posed by the size of the institution. Upon completion of the investigation, the President in consultation with the investigator will choose one of the following options: i) dismissal of allegations on the grounds of insufficient evidence; ii) acceptance of the allegations and a proposal of a remedy and/or penalty for the respondent. The following are some of the sanctions available to the President:
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i) directive to respondent to cease and desist the behaviour with the failure to do so leading to further penalty; ii) a program of education and/or counselling for the respondent; iii) restriction of access to a physical area of the university; iv) suspension for a set time (without pay for staff or Teaching Faculty); v) dismissal or expulsion. The President shall have the discretion to determine the type and extent of these or other sanctions. The sanction will be communicated to the complainant and the respondent. The following are some the remedies available to the President: i) ii) iii) iv)
restore lost status or loss of opportunity to the complainant; provide academic or other accommodations; provide a written apology to complainant; initiate program of education in the community to address the area of the complaint.
Any person who is found to have made a frivolous or vexatious complaint shall be subject to a remedy and/or sanction to be determined by the President. The subsequent report will be sent to the Director, Student Services or the Director, Human Resources. In addition, the remedy and/or penalty shall be communicated to the complainant and respondent.
III Grievance Procedure Following the conclusion of the Formal Complaint Procedure, the complainant or respondent may follow their respective grievance procedures: Teaching Faculty to the Ontario College of Art & Design Faculty Association (OCADFA); staff to the Ontario Public Service Employees Union (OPSEU) and students to OCAD Board of Governors. In the case of a student wishing to grieve a decision regarding a harassment case, the Chair of Board of Governors shall appoint an ad hoc committee consisting of: • • •
one faculty member from the Board of Governors; one student member of the Board of Governors; and one External Member of the Board of Governors.
None of these individuals should have been involved in the case up to that point. If an administrative manager or excluded staff member wishes to grieve a decision, the Chair of the Board of Governors shall appoint an appropriate body to investigate the case.
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IV Institutional Response to Harassment As an institution, it is the responsibility of the university to ensure that any incidence of harassment is dealt with as quickly and as effectively as possible. Senior management who are charged with responsibility under the harassment policy procedures, namely the Director, Student Services and Director, Human Resources are required to respond promptly to violations of the university's harassment policy that come to their attention, whether or not a complaint has been lodged. The President or designate has the authority to make informal inquiries into alleged incident of harassment, even if no formal complaint has been lodged. All Deans, Assistant Deans, Programs Chairs and Administrative Managers are required to report any alleged incident of harassment of which they are aware to the Director, Student Services or the Director, Human Resources. At no time should they deal with such incidents without consulting the Director, Student Services or the Director, Human Resources.
V External Agencies A person who believes s/he has been the victim of harassment has access to remedies at law such as bringing a complaint to the Human Rights Commission. Nothing in this policy limits the rights of any person to seek these avenues of redress.
Approved by Council: May 11, 1992 Revised: August, 1996 Updated: 1998 and 2004
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