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.
EMPLOYEE DISCRIMINATION AND
HARASSMENT PREVENTION AND RESOLUTION 4 HR-4011
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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.
EMPLOYEE DISCRIMINATION AND
HARASSMENT PREVENTION AND RESOLUTION 5 HR-4011
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