Policy and Regulation 5.06.07 – Discrimination, Harassment, and Violence Policy Approved: 2010.04.26
POLICY The Board of Trustees believes that all staff and students of the District have the right to work and learn in a safe environment and to be treated with equality, dignity, and respect. To achieve this goal, the Board of Trustees directs that the Superintendent of Schools shall: 1. Develop strategies to educate all staff and students regarding their rights and obligations with respect to behaviour; 2. Investigate and appropriately respond to all alleged violations. 3. Implement formal and informal complaint resolution mechanisms with respect to incidents of alleged discrimination, harassment, and violence. In keeping with its legal and social responsibilities, the Board of Trustees will treat complaints of discrimination, harassment, or violence as serious matters. DEFINITION Discrimination means making a distinction between certain individuals or groups based on a prohibited ground. The Canadian Human Rights Act and The Alberta Human Rights, Citizenship and Multiculturalism Act protect individuals from discrimination that is related to their race, national or ethnic origin, colour, religion, age, sex, sexual orientation, marital status, family status, disability, conviction for which a pardon has been granted, and source of income. Harassment means any behaviour that demeans, humiliates, or embarrasses a person, and that a reasonable person should have known would be unwelcome. Sexual harassment includes offensive or humiliating behaviour that is related to a person's sex, as well as behaviour of a sexual nature that creates an intimidating, hostile, or "poisoned" environment, or that could reasonably be thought to put sexual conditions on a person's job or employment opportunities. Some examples of harassment include: • unwelcome remarks, slurs, jokes, taunts, or suggestions about a person's body, clothing, race, national or ethnic origin, colour, religion, age, sex, marital status, family status, physical or mental disability, sexual orientation, or other personal characteristics; • displays of offensive or derogatory material; • written or verbal abuse or threats, including those communicated by electronic means; • practical jokes that embarrass or insult someone; • unwelcome sexual remarks, leering (suggestive staring) or other offensive gestures; • unwelcome physical contact, such as patting, touching, pinching, hitting; • abuse of authority that undermines someone's performance or threatens her or his career; • vandalism of personal property; and • physical or sexual assault. Section 5 Subsection 5.06
- Personnel and Employee Relations - General Personnel and Employee Relations Policies
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Policy 5.06.07 – Discrimination, Harassment, and Violence Violence means the threatened, attempted, or actual conduct of a person that causes or is likely to cause physical injury. REGULATION 1. No employee or other individual shall commit acts of violence or harassment, or engage in behavior which constitutes discrimination, as identified in The Canadian Human Rights Act and The Alberta Human Rights, Citizenship and Multiculturalism Act, against an employee, student, or member of the public. 2. Employees and other individuals should take reasonable steps to protect themselves from violence or to prevent themselves from being vulnerable to violence. A physical response to violence is only acceptable for immediate defense of person and shall not extend beyond protection and disengagement. 3. Any individual subjected to violence, discrimination or harassment has a responsibility to make it clear to the person whose behaviour is offensive, to an individual in a position of authority, or to both, that the behaviour is unacceptable. 4. Any individual in a position of authority who receives a complaint is responsible for ensuring that the complaint is addressed, including notification to the individual who has been accused. 5. If a complaint is deemed to be valid, appropriate disciplinary action shall be taken. This action may include verbal and written warnings, a transfer, a suspension, a demotion, termination of employment, or for students, expulsion. 6. Staff and students shall not knowingly and/or willfully submit complaints based on untrue or unfounded allegations. 7. Discrimination, harassment, or acts of violence which occur outside the workplace but which have repercussions in the work environment that adversely affect employee or student relationships are also subject to this policy and regulation. 8. District procedures shall incorporate formal and informal complaint resolution mechanisms. 9. Confidentiality shall be respected to the extent possible. Absolute confidentiality cannot be guaranteed due to the requirement for investigation if the District’s formal procedure is elected, and due to possible requirements to produce records or give evidence in other proceedings. 10. Staff and students shall have access to information regarding complaint resolution mechanisms. 11. Notwithstanding the foregoing regulations, the District recognizes the complexity of human relationships and interactions. This policy is not intended to intrude upon or eliminate mutually acceptable camaraderie and joking which regularly occurs in the working/learning environment. 12. No staff member or student in the Red Deer Public School District shall take retaliatory action with the intent of dissuading an individual from, or punishing an individual for, participating in the complaint resolution process (ie complainant, witnesses, respondent, investigator). Sanctions may be imposed for retaliation.
Section 5 Subsection 5.06
- Personnel and Employee Relations - General Personnel and Employee Relations Policies
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Policy 5.06.07 – Discrimination, Harassment, and Violence REFERENCE Canadian Human Rights Act (Department of Justice Canada, 2008 and all subsequent revisions) Alberta Human Rights, Citizenship and Multiculturalism Act (Government of Alberta, 2008 and all subsequent revisions) Occupational Health and Safety Code (Alberta Human Resources and Employment, 2006 and all subsequent revisions)
Section 5 Subsection 5.06
- Personnel and Employee Relations - General Personnel and Employee Relations Policies
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