Workplace Harassment Policy & Procedures

Company Name: Toronto Montessori School (TMS) Approver: Andrew Cross, Head of School Policy Title: Workplace Harassment Policy & Procedures Version: 1 Policy Owner: Vince Haines, CAO Last Review: September 30th 2021

Policy Statement

Toronto Montessori School (“TMS” or “the School”), in accordance with its values, the Ontario Human Rights Code, and the Occupational Health and Safety Act, prohibits any form of harassment or discrimination in the workplace. This policy applies to harassment and/or discrimination in any aspect of employment, including, but not limited to, recruitment, promotion, receipt of benefits, dismissal, layoff, performance evaluation, and working conditions. In addition, staff have an obligation to treat all students fairly and with respect. All staff and all students must be treated equally regardless of their race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sexual orientation, gender identity, gender expression, age, record of offences, marital status, family status or disability.

Purpose

Workplace discrimination and discrimination in the provision of education is unacceptable. It is the policy of the School to address incidents of harassment and discrimination with seriousness and sensitivity. An employee of the School found in violation of this policy may be disciplined up to and including termination of employment, depending upon the circumstances involved.

TMS Commitment

Violence, intimidation, harassment and bullying in any form will not be tolerated at TMS. TMS is committed to minimizing the potential of employee risk or exposure to workplace harassment. TMS is a place that promotes responsibility, respect, civility and academic excellence in a safe working and learning environment. All persons in its working and learning environment will: • respect differences in people, their ideas and opinions; • treat one another with dignity and respect at all times, and especially when there is disagreement; • respect the rights of others; • show proper care and regard for School property and for the property of others; and • demonstrate honesty and integrity.

Application

All persons working for TMS or carrying out the School’s business are covered by the policy. These include office staff, security staff and cleaning staff who are temporary, part-time, full-time and contract employees. This Policy also applies to members of the School’s Board of Directors and all committees and volunteers.

Definitions: 1. Workplace Harassment

(i) engaging in a course of vexatious comment or conduct against a worker in a workplace that is known or ought reasonably to be known to be unwelcome, or (ii) workplace sexual harassment

2. Workplace Sexual Harassment

(i) 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 (ii) 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;

3. The Workplace

The definition of the workplace is not limited to the campus of TMS, but extends to TMS excursions and field trips, off-site meetings, receptions, employee functions and any other TMS -sponsored events. Any incident of harassment occurring outside of the workplace but having repercussions in the work environment and adversely affecting any relationship (co-worker, employee/employer, employee/student) may also be defined as workplace harassment.

Existence of Workplace Harassment

Examples of workplace harassment include, but are not limited to: • Workplace bullying, which includes making rude, degrading or offensive remarks, discrediting a person, spreading rumours, ridiculing him or her, humiliating a person, calling into question their convictions or their private life, or shouting abuse. • Sexual or racial harassment, or harassing someone based on any ground prohibited by the Human Rights Code, including race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sexual orientation, gender identity, gender expression, age, record of offences, marital status, family status or disability. • Refusing to speak to or work with someone or treating that person differently because of their race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sexual orientation, gender identity, gender expression, age, record of offences, marital status, family status or disability. While harassment is usually based on an ongoing pattern of abuse, in some instances a single incident can be sufficiently serious to constitute harassment. A reasonable action taken by TMS relating to the management and direction of workers or the workplace is not workplace harassment.

Sexual Harassment

Sexual harassment of any kind in the workplace is unacceptable and is prohibited at TMS. Like other forms of harassment, sexual harassment is against the law, and all staff have a responsibility to conduct themselves accordingly. TMS discourages sexual or romantic relationships between its leadership/management staff and other staff, if such leadership/management staff member is in a position to influence or be reasonably perceived to influence human resources decisions impacting such other staff member. If such a relationship does exist, the senior management must be informed immediately by the parties involved.

Roles & Responsibilities

It is the policy of TMS to promote a productive work environment, and not to tolerate any incidents of workplace discrimination or harassment. All staff are expected to: • Treat everyone in the workplace with dignity and in a manner that is respectful and free of intimidation and harassment. • Make changes to their own behaviour where they become aware that there is a potential for such behaviour to harm, intimidate, threaten or cause offence to others. • Refuse to accept harassing behaviour from others, regardless of whether that behaviour originates from one’s supervisor or co-workers, or by students, parents/guardians, or a member of the public. • Intervene and/or report instances of inappropriate behaviour on the part of others which could amount to workplace harassment. • Be supportive of others who are victims of workplace harassment. • Cooperate fully with any and all workplace harassment investigations. • Preserve evidence related to instances of alleged harassment, documenting dates, times and the names of any witnesses – especially that which would help prove that any alleged incidents did not occur, or that such events did not constitute harassment.

The Board of Directors is responsible for providing the Head of School and school staff with the necessary resources to implement the Policy, and to consider the advice of the Head on future development and improvement of this Policy and encourage the development of parallel policies that will enhance the workplace and teaching environment. The Head of School is responsible for: • ensuring that all employees are provided with information about the nature of workplace harassment and sexual harassment and are informed about the Policy, their rights and responsibilities; • ensure that all complaints are being treated seriously; and • ensure that corrective measures are taken and disciplinary measures are imposed quickly and without undue delay when a complaint is substantiated.

Employees are responsible for creating a safe environment in the workplace. Should an employee be aware of, or become aware of a problem that could or does result in harassment or discrimination in the workplace, he/she is responsible for reporting that problem to the office immediately. Diligence on the part of the School and its staff will ensure that we are all safer. Regardless if an event is witnessed or if there is just a concern of potential harassment, reports must be made as soon as possible, if not immediately. A report can either be written or verbal in nature.

Treatment of Students

Students are entitled to be treated with respect and dignity and to learn in an environment that is free from physical and emotional abuse. As with the workplace, the Human Rights Code prohibits any teacher or other staff member from discriminating against any student on the basis of the grounds outlined in the workplace harassment provisions above. Employees will not enter into any relationship with a student of any age outside the scope of any school activities. A relationship may be defined as social, romantic or sexual in nature. Any employee who violates this policy may be subject to discharge from his or her employment without notice, and may face criminal charges as a result of any activities of a sexual nature with a student. For employee and student protection, all staff are prohibited from exchanging telephone numbers and/or personal email addresses or other personal online contact information with students. Employees should not associate with students or their families at non-school events, including through personal communications media.

Workplace Harassment Reporting and Procedures

Reporting Harassment and Discrimination

All employees must remain vigilant about harassment and discrimination. Any employees who are aware of, or have cause to be concerned about workplace harassment or discrimination should report such incidents to the Head of School or, if the Head of School is involved in the allegations of harassment, the report should be made to the Chief Administration Officer, or directly to the Chair of the Board. Reports can be made either verbally or in writing. Reports should be made as soon as reasonably possible given the circumstances of the incident. TMS will treat any report of harassment or discrimination as a serious matter, and will respond in a timely fashion. Where possible, complaints of workplace harassment will be dealt with informally. Otherwise a formal investigation may be initiated. TMS is committed to maintaining the privacy and confidentiality of an individual concerned in an incident of harassment or discrimination, wherever possible. However, employees should note that reports cannot be filed anonymously, and that in the course of an investigation a copy of the report may be made available to the relevant parties. As well, where appropriate, a copy of the report may be placed in the employee’s personnel file.

Complaints Process and Investigations

All complaints of workplace harassment will be taken seriously by administration, and will be investigated and dealt with in a fair and timely manner. Where appropriate, complaints may be dealt with informally, either by employees on their own or with the facilitation of the Chief Administration Officer. Informal resolution may be as simple as telling the offender to stop and that the behaviour, comment or action is not welcome and is against School policy. It is important to keep a record with details of the allegation, names of possible witnesses, how often, and when and where the alleged incident happened. At the informal stage, information is confidential unless otherwise authorized by the complainant. If it is determined that a formal investigation of a complaint of harassment is required, an appropriate investigation will be conducted by the Chief Administration Officer, unless it is deemed appropriate to use an independent third party. The Head of School and the Chief Administration Officer will make this determination. The purpose of an investigation is to gather information and interview both parties to the dispute, as well as any witnesses. All relevant information will be gathered, including dates, times and details of any alleged incidents. A formal complaint requires a detailed written report signed by the complainant to be provided to the Chief Administration Officer, or Head of School. In the event that the complaint pertains to the Chief Administration Officer, a detailed written report of the complaint may be submitted to the Head of School. At this point, all parties to the complaint, including the alleged harasser, will become aware of the details of the complaint. The respondent will have an opportunity to reply to the complaint and the investigative team will determine which facts are agreed to and which are in dispute. If a formal investigation is required, the investigative team will ensure that the following steps are taken as soon as possible: • Take appropriate measures to ensure the safety of the complainant; • Notify the complainant(s), the respondent(s) and witness(es) that they are entitled to assistance and counsel throughout this process; • Ensure that the respondent(s) have a copy of a complaint; • Interview the complainant(s) and/or third party reporting the complaint; • Inform the respondent(s) of the allegations and provide an opportunity for response; • Interview the respondent(s); • Interview the witness(es) • Come to conclusions about whether a specific incident did or did not occur based on the balance of probabilities; • Provide a written summary of the findings and conclusions to the complainant and to the respondent and give them an opportunity to respond to same; and • Take appropriate action(s) to resolve the situation.

Standard of Proof

The standard of proof to be applied in all investigations is the balance of probabilities.

Disciplinary / Corrective Action

If it is determined that workplace harassment has occurred, TMS will take such action as is required under the circumstances, having regard to a variety of factors including, but not limited to: • The seriousness of the complaint; • The impact on the complainant; • The persistence of the conduct complained of; • The respondent’s disciplinary record; • The degree of aggressiveness or any physical contact; • The wishes of the complainant; • The degree, if any, to which the respondent misled a person investigating the incident; and • The degree of a respondent’s willingness to cooperate and to change his or her behaviour. Any violation of this policy is considered a serious breach of School policy. Therefore, pending an investigation, school staff is subject to appropriate disciplinary measures up to and including the termination of their employment. TMS reserves the right to take action in the absence of a specific complaint, or where a complaint is initiated by a person other than the target of any harassing behaviours alleged in the complaint. The complainant (if an employee) and the respondent (if an employee) will be provided with written confirmation of any corrective action taken under this policy.

Confidentiality

The existence of complaints, both informal and formal, and any details pertaining to such complaints will be kept in confidence, except where disclosure of information is required to investigate the complaint, where such information is necessary for the respondent to defend against such allegations, or where the School is required by law to do so, for example, as part of an investigation conducted by a law enforcement agency.

False and Unsubstantiated Complaints

No disciplinary action or reprisal can be made against a complainant who acts in good faith and exercises his or her rights under this Policy and under the law, even if the complaint turns out to be false, impossible to verify or if the behaviour complained does not amount to harassment or discrimination. However, a false accusation made by a person who knows it to be false represents a contravention of this policy and would be subject to disciplinary action up to and including termination of employment.

Further Information

For additional information on workplace harassment and this policy, please contact the Chief Administration Officer. The workplace harassment policy will be posted at a conspicuous place in the workplace.