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ONTARIO HUMAN RIGHTS CODE: PREVENTION AND · PDF file Ontario College of Speech Language Pathologists and Audiologists Act ... Employee Assistance Program Policy HR-4005 and Procedure

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  • TRILLIUM LAKELANDS DISTRICT SCHOOL BOARD

    ADMINISTRATIVE PROCEDURE Approval Date

    2014 Replacing

    All previous procedures Review Date

    2019 Page

    1 of 17

    Contact Person/Department

    Human Resources Administrator

    Identification

    HR-4011

    ONTARIO HUMAN RIGHTS CODE: PREVENTION AND RESOLUTION OF EMPLOYEE DISCRIMINATION AND HARASSMENT

    1.0 PURPOSE Trillium Lakelands District School Board is committed to providing a non-discriminatory

    and harassment free working environment in which all persons are treated with respect and dignity.

    Discrimination and harassment, under the Ontario Human Rights Code, is based on legislated prohibited grounds related to race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sex, sexual orientation, gender identity, gender expression, age, record of offences, marital status, family status or disability, and will not be tolerated. Harassment and/or discrimination in any aspect of employment is strictly prohibited.

    This procedure is intended to prevent discrimination and harassment through greater responsiveness to their deleterious effects and to ensure that human rights complaints are dealt with quickly and effectively through consistently applied policy and procedures. Nothing in this procedure denies or limits access to other avenues of redress such as an application to the Ontario Human Rights Tribunal. This procedure applies to all employees of the Board, wherever a work-related function is performed

    2.0 REFERENCES AND RELATED DOCUMENTS 2.1 Relevant sections of Education and Employment Statutes and Regulations of

    Ontario include:

    a) Ontario Human Rights Code b) Toby’s Act (Right to be Free from Discrimination and Harassment Because

    of Gender Identity or Gender Expression) 2012 c) Occupational Health and Safety Act (Violence and Harassment in the

    Workplace), 2010 (amended) Section 32.01 – 32.07 d) Education Act: Section 301: Safe Schools Act: Section 283-CEO; Section

    264 – Duties of a Teacher; Section 265 – Duties of a Principal e) Ontario Schools Code of Conduct f) Municipal Freedom of Information and Protection of Privacy Act

  • EMPLOYEE DISCRIMINATION AND HARASSMENT PREVENTION AND RESOLUTION 2 HR-4011

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    TRILLIUM LAKELANDS DISTRICT SCHOOL BOARD

    g) Criminal Code of Canada h) The following Acts and Regulations:

     Ontario College of Teachers Act and Regulations

     Ontario College of Social Work and Social Service Work Act and Regulations

     Ontario College of Speech Language Pathologists and Audiologists Act and Regulations

     Ontario College of Psychologists Act and Regulations

     Teaching Profession Act

     Ontario College of Early Childhood Educators 2.2 Related Board Policies and Procedures are:

    a) Code of Conduct Policy OP-6020 and Procedure OP-6021 b) Ontario’s Occupational Health and Safety Act: Prevention and Resolution of

    Workplace Harassment Policy HR-4030 and Procedure HR-4031 c) Progressive Discipline Procedure HR-4535 d) Appropriate Use of Information/Communication Technology and Technology

    Services BU-3035 and Procedure BU-3036 e) Volunteer Helpers in School Policy ES-5000 and Procedure ES-5001 f) Ontario’s Occupational Health and Safety Act: Prevention and Resolution of

    Violence in the Workplace Policy HR-4521 and Procedure HR-4522 g) School Councils Policy OP-6015 and Procedure OP-6016; h) Safe Schools: Physical Intervention Guidelines for Responding to Injurious

    and Self Injurious Behaviour of Students Policy OP-6550 and Procedure OP-6551

    i) Responding to Student Violence towards Staff Policy HR-4519 and Procedure HR-4520

    j) Board Emergency Preparedness Policy BD-2070 and Procedure BD-2071 k) Employee Assistance Program Policy HR-4005 and Procedure HR-4006 l) Health and Safety Policy BU-3050 m) Video Surveillance Policy OP-6025 and Procedure OP-6026

    2.3 Union/Federation Collective Agreements, Employee Terms of Employment and

    Personal Services Contracts. 3.0 TERMS AND DEFINITIONS 3.1 DISCRIMINATION IN EMPLOYMENT Every person has a right to equal treatment with respect to employment without

    discrimination because of race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sex, sexual orientation, gender identity, gender expression, age, record of offences, marital status, family status or disability. .

  • EMPLOYEE DISCRIMINATION AND HARASSMENT PREVENTION AND RESOLUTION 3 HR-4011

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    TRILLIUM LAKELANDS DISTRICT SCHOOL BOARD

    3.2 HARASSMENT IN EMPLOYMENT Every person who is an employee has a right to freedom from harassment in the

    workplace by the employer or agent of the employer or by any other employee because of 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.

    3.3 SEXUAL HARASSMENT IN THE WORKPLACE

    Every person who is an employee has a right to freedom from harassment in the workplace by the employer or agent of the employer or by any other employee because of sex, sexual orientation, gender identity or gender expression.

    3.4 WORKING AND LEARNING ENVIRONMENT The working and learning environment is any place where employees, students

    and other users perform work or work-related duties or functions. Schools and school-related activities, such as extracurricular activities and excursions, comprise this environment, as do Board offices and facilities. Conferences and training sessions fall within the ambit of this policy, as does the Board’s courier system, fax, e-mail, phones and mailboxes.

    3.5 BALANCE OF PROBABILITIES The Balance of Probabilities is a standard of proof, based upon the weighing of

    evidence to determine the most appropriate judgment. It is often distinguished from another standard of proof, “beyond a reasonable doubt”, used in the criminal justice system.

    3.6 STANDARD OF PROOF A Standard of Proof is used to make judgments in legal proceedings. For

    purposes of this Procedure, a civil standard of proof will be used; that is, proof on the balance of probabilities.

    This standard will be objective. It will not be sufficient for a complainant to prove

    that s/he found the alleged conduct unwelcome. The complainant must demonstrate that the conduct itself was harassment/discrimination, based on an objective assessment of that conduct (i.e. would another reasonable person, in the same situation, find the conduct to be harassment/discrimination?).

    3.7 THRESHOLD ASSESSMENT A threshold assessment is an initial evaluation conducted by the Human

    Resources Administrator (or designate), which is used to determine whether an incident is covered by this policy/procedure and, if so, whether it is sufficient to warrant formal investigation.

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    TRILLIUM LAKELANDS DISTRICT SCHOOL BOARD

    3.8 EMPLOYEE Employee under this procedure refers to any employee of Trillium Lakelands

    District School Board. 3.9 COMPLAINANT Complainant under this procedure refers to any employee who believes that

    s/he is being harassed or discriminated against. 3.10 RESPONDENT Respondent under this procedure refers to any employee who is accused of the

    harassing or the discriminatory behaviour. 3.11 OTHER USERS The words “other users” include all persons, who are neither students nor

    employees, while on Board premises or attending Board or school programs/functions at other premises or in a business/social community relationship with the Board.

    3.12 DELEGATION An individual or group with a designated speaker may be a delegation to the

    Board. Please refer to Trillium Lakelands District School Board’s Procedural By-law #16, available through the Director’s Office. 4.0 ADMINISTRATIVE PROCEDURE 4.1 GENERAL

    Because every person has the right to work in a workplace environment which promotes equal opportunities and prohibits discriminatory practices, the Board will not tolerate discrimination or harassment and will take all reasonable steps to prevent it and, where it has occurred, to respond decisively and effectively.

    4.1.1 APPLICATION

    a) This Procedure applies to employees of Trillium Lakelands District School Board only.

    b) If an employee has a complaint against another user, the employee may contact the appropriate manager/supervisor who shall investigate.

    c) If another user has a complaint against an employee, the other user may contact the appropriate manager/supervisor, who may follow the procedures set out in the Progressive Discipline Procedure HR-4535, if applicable.

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