Workplace Violence Policy & Procedures

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

Policy Statement

Toronto Montessori School (“TMS” or “the School”) community includes teachers, coaches, administrators and other professionals, as well as students and parents/guardians from all walks of life. Everyone in this community is entitled to a safe and respectful school/workplace, free of violence or the fear of violence. All members of the TMS community are expected to follow safe work practices, to comply with legislative safety requirements and to take an active role in protecting the health and safety of others.

Purpose

In accordance with the Occupational Health and Safety Act, the following details the School’s policy on workplace violence, including the rights and obligations of each member of the school community. The objectives of the Policy are to: ● demonstrate and promote the commitment of TMS to protect the dignity and rights of its employees; ● alert and educate employees to the fact that violence is prohibited under the laws of Canada; ● confirm that TMS cannot condone behaviour that is likely to undermine the safety, security or productivity of any of its employees; ● demonstrate TMS’ commitment to protect employees from workplace violence; ● address violence from all possible sources (supervisors, employees, the public, domestic partners, students and parents); and

TMS Commitment

The School is committed to providing a workplace that promotes professionalism and ethical behaviour. It therefore requires all persons to exercise behaviour that facilitates the creation of a working environment that is conducive to the achievement of excellence and the development of one’s potential. Workplace violence constitutes unprofessional behaviour which undermines the maintenance of a professional workplace and will not be tolerated. TMS will take every precaution reasonable in the circumstances to protect workers. This includes protecting workers from the hazard of workplace violence. TMS encourages the reporting of all incidents of workplace violence, regardless of who the offender may be.

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 Trustees.

Definitions

1. Workplace Violence:

(a) The exercise of physical force by a person against a worker in a workplace that causes or could cause physical injury to the worker. (b) An attempt to exercise physical force against a worker in a workplace that could cause physical injury to the worker. (c) A statement or behaviour that is reasonable for the worker to interpret as a threat to exercise physical force or cause injury to the worker.

2. The Workplace

The definition of the workplace is not limited to the campus of the School, but extends to school excursions and field trips, off-site meetings, receptions, employee functions and any other school-related events. Any incident of violence or threats of violence 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 violence.

Existence of Workplace Violence

Examples of workplace violence include, but are not limited to: ● Actual and attempted acts of physical violence, including actions such as hitting, punching, slapping, or kicking or sexual assault; ● Threats of physical violence or intimidation; ● Other acts of physical aggression, such as the deliberate destruction of, or damage to, property, especially where such actions are meant to intimidate one or more individuals.

All forms of workplace violence, on the part of the employees, students, parents / guardians of students or visitors, are prohibited at the School. If employees witness any such act of workplace violence, or are aware of a situation that may result in workplace violence, they should report to the office as soon as possible.

Roles & Responsibilities

It is the policy of TMS to promote a productive work environment and not to tolerate any incidents of workplace violence or threats of violence. All staff are expected to: ● Treat everyone in the workplace with dignity and in a manner that is respectful and free of violence, threats, or intimidation. ● Make changes to their own behaviour where they become aware that there is a potential for such behaviour to harm, intimidate, or threaten. ● Refuse to condone violent behaviour from others, regardless of whether that behaviour is perpetrated by 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 violence. ● Support others who are the targets of workplace violence. ● Cooperate fully with any and all workplace violence investigations. ● Preserve evidence related to instances of alleged workplace violence, documenting dates, times and the names of any witnesses – especially those details that would help prove that any alleged incidents did or did not occur, or that such events did or did not constitute violence.

Responsibilities

Supervisor

● A supervisor will advise an employee of the existence of any potential or actual danger to health or safety of the employee of which the supervisor is aware, including personal information, related to a risk of workplace violence from a person with a history of violence behaviour if, a. the employee can be expected to encounter that person in the course of his or her work; and b. the risk of workplace violence is likely to expose the employee to physical injury. ● A supervisor will not disclose more personal information than is reasonably necessary to protect the employee from physical injury. ● A supervisor will advise an employee of the existence of any actual or potential danger to the health and safety of the employee of which the supervisor is aware. ● A supervisor will take every precaution reasonable in the circumstances to protect employees.

Duties of Employees

Employees are also responsible for creating a safe environment in the workplace. Should an employee be aware of, or become aware of a problem that could result in violence or threats of violence within the workplace, he/she is responsible for reporting that problem to the office immediately. Regardless if an event is witnessed or if there is just a concern of a potential of violence, reports must be made as soon as possible, if not immediately. A report can either be written or verbal in nature.

Duties of Students

Students will comply with their responsibilities under relevant School policies and procedures. A student will advise the appropriate Academic Head of any incident of violence or risk of violence of which he or she is aware. A student may report unsafe conditions in the learning environment or the existence of any hazard the student is aware of to the appropriate Academic Head. In the event of an incident of harassment, violence or bullying, a student will utilize the School’s Student School’s Code of Conduct

Workplace Violence Prevention Program

The School recognizes that there is always the potential for workplace violence to occur. The goal of the workplace violence program is to minimize that potential. To meet this goal, the School has developed a number of policies and procedures which are outlined below.

1. Workplace Violence Risk Assessment

TMS will conduct a workplace violence risk assessment and will reassess the risks of workplace violence as to ensure that this Policy and the supporting program are implemented, maintained, and continue to protect employees from workplace violence. The assessment will be done by members of the School’s Occupational Health & Safety Committee in cooperation with the Head of School or Chief Administration Officer. The risk assessment is an annual review of the School’s safety policies that assess the risks of workplace violence that may arise from the nature of the workplace, the type of work or the conditions of work. When conducting a risk assessment, factors such as the circumstances of our particular workplace, as well as similar workplaces, in addition to any other factors prescribed by law, will be taken into account.

Based on the results of the risk assessment, which will be shared in writing with the School’s Occupational Health & Safety Committee, the School will develop measures and procedures to control identified risks that are likely to expose an employee to workplace violence or threats of violence.

2. Annual Training for Staff

Each school year, all staff will be required to review this Policy. This review will take place in the professional development days immediately preceding the school year. Other safety procedures including fire drills, evacuations procedures and lockdown procedures will also be reviewed at this time. Throughout the school year, additional training may be scheduled as necessary. In addition, all teachers are provided with copies of this Policy in their teacher’s reference binder. The School will provide employees with information and instruction that is appropriate for employees on the contents of this Policy, the School’s Workplace Violence Program, any other prescribed information or instruction

Workplace Violence Reporting and Procedures

Established Safety & Security Procedures

To protect the safety of staff and students, TMS has a number of safety and security procedures in place, including the following: ● Each classroom has direct PA communication with the office; ● All visitors must sign in and out at each campus and are required to wear a visitor tag; ● Opening and closing staff always work in pairs ● There are security cameras at all entrances and main hallways ● During early morning and late evening hours, classes are grouped near the main entrance, and side entrances are locked.

Measures and procedures that TMS may implement to protect staff from workplace violence include: ● Contacting the police; ● Encouraging employees to work and travel in groups; ● Rescheduling work hours to avoid working late nights or very early mornings; ● Training employees in conflict resolution and mediation strategies; ● Developing a safety plan of an individual employee; ● Separation of certain individuals in the workplace; ● Monitoring a person’s behaviour in the workplace; and/or ● Reporting the violent incident or risk of violence and undertaking an investigation.

Persons with History of Violence

The TMS community includes people from all walks of life. From time to time, TMS may discover that certain persons within this community have a history of violent behaviour. TMS will evaluate the circumstances of a person’s history of violent behaviour. Factors to consider include: ● Was the history of violence associated with the workplace or work?

● Was the history of violence directed at a particular worker or workers in general? ● How long ago did the incident(s) of violence occur? ● What measures and procedures are in place in the existing workplace violence program?

Supervisory and managerial personnel of the School will ensure that the relevant employees have been provided with sufficient information, which may include personal information related to a risk of workplace violence, if: (a) the employee can be expected to encounter that person in the course of his or her work; and (b) the risk of workplace violence is likely to expose the employee to physical injury. The supervisor will not disclose more personal information than is necessary to protect any employee from physical injury. In addition, and depending upon the nature of the situation, additional steps may be taken by TMS with the goal of minimizing any risk of workplace violence to an employee. For example, if TMS discovers that a parent has a known history of violent behaviour, TMS may require that teachers do not meet alone with the parent, and that a second person must be present at all parent-teacher meetings.

Domestic Violence

Anyone can become a victim of domestic violence. It can consist of a pattern of ongoing abuse or one single isolated incident. When domestic violence occurs, there may be a possibility that it may carry over into the workplace. One of the goals of the School’s Workplace Violence Prevention Program is to minimize the risk of domestic violence entering the workplace. If TMS becomes aware that domestic violence is likely to expose an employee to physical injury while at work, it is prepared to work with the employee to put in place reasonable precautions for the protection of the employee, while still respecting the employee’s right to privacy. Examples of reasonable precautions may include shortening or changing the work hours of an employee affected by domestic violence, setting up a code word to be used on the PA system in case of an emergency, informing the employee’s co-workers to be aware of the problem, or other precautions as may be dictated by the situation. Employees who are victims of domestic violence themselves, or employees who become aware that a co-worker is a victim of domestic violence and fear that it may carry over into the workplace, are requested to speak to their Department Head, Head of School or Chief Administration Officer.

Reporting & Investigative Procedures

Employees who witness, are aware of, or have cause to be concerned about workplace violence should report their observations/concerns to the School as soon as possible. The School will treat any complaint of violence as a serious matter, and will respond in a timely manner. The following section details how the employees should report, and how the school will respond. TMS is committed to maintaining the privacy and confidentiality of an individual concerned in an incident of workplace violence, wherever possible. However, employees should note that reports cannot be filed anonymously. Information may be disclosed in the course of an investigation where

necessary for the purposes of the investigation, to ensure procedural fairness and/or for the protection of staff. Further, information may be disclosed where otherwise required by law. In Case of Emergency: Employees are expected to follow the steps below: (1) Dial 911 (2) Call the office to report the nature of the emergency and ask for assistance (3) Follow the School’s Emergency Procedures If the situation is not an emergency, employees should report to the office as soon as reasonably possible given the circumstances. Reports can be either verbal or written, and should be directed to the Head of School. All incidences of workplace violence must be reported to the Head of School, Department Head or Chief Administration Officer, even if it is believed that the problem has been resolved.

Records

All correspondence and other documents generated under these procedures must be marked “PRIVATE AND CONFIDENTIAL” and be stored in a locked and secure file in the Human Resources Department.

Reprisals

This policy prohibits reprisals against individuals, acting in good faith, who report incidents of workplace violence, or who act as witnesses. Reprisal is defined as any act of retaliation, either direct or indirect. The School will take all reasonable and practical measures to prevent reprisals, threats of reprisals, or further violence.

Investigations

All complaints of workplace violence will be taken seriously by the TMS Senior Leadership Team. Where appropriate, complaints may be dealt with informally. If it is determined that a formal investigation is required, it will be conducted by the TMS Senior Leadership Team. The purpose of an investigation is to gather information and interview the complainant and the respondent, as well as any witnesses. All relevant information will be gathered, including dates, times and details of any alleged incidents. 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 he 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 is the balance of probabilities.

Disciplinary / Corrective Action

Once it is determined that workplace violence 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 found to have violated this Policy are 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 victim.

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.

Reprisal and False/Unsubstantiated Complaints

No disciplinary action or reprisal will 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 of does not amount to violence or a threat of violence. 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.

Posting of the Policy

This Policy will be posted at a conspicuous place in the workplace. TMS will review the Policy with respect to workplace violence as often as necessary, but at least annually.