Harassment

Canadian Centre for Men and Families

CCMF POLICY/PROCEDURE: DISCRIMINATION, HARASSMENT, AND VIOLENCE

 

Date of issue: March 22, 2023

Issued/Developed by: Maxwell Radway

Board of Directors Approval Date: March 16, 2023

 

THE POLICY

SCOPE AND APPLICATION:

This policy prohibits discrimination, harassment and violence within the purview of occupational health and safety legislation and based on the grounds established by human rights legislation in the province within which an employee, contractor, and/or volunteer performs work, labour and/or services for CCMF. Nothing in this policy limits CCMF’s obligations established by statute in a province within which CCMF operates.

This policy applies to all employees, contractors and/or volunteers of CCMF across Canada, at every level of the organization and to every aspect of the workplace environment and employment relationship, including recruitment, selection, promotion, transfers, training, salaries, benefits and termination. It also covers rates of pay, overtime, hours of work, holidays, shift work, discipline and performance evaluations.

This policy also applies to events that occur outside of the physical workplace such as during business trips or company parties.

It is unacceptable for members of CCMF to engage in harassment or discrimination when dealing with clients, or with others they have professional dealings with, such as suppliers or service providers.

PURPOSE:

CCMF is committed to providing an environment free of discrimination and harassment, where all individuals are treated with respect and dignity, can contribute fully and have equal opportunities.

Every person has the right to be free from harassment and discrimination. Harassment and discrimination will not be tolerated, condoned or ignored at CCMF. If a claim of harassment or discrimination is proven, disciplinary measures will be applied, up to and including termination of the employee, contractor, and/or volunteer.

All persons present in CCMF are expected to uphold and abide by this policy, by refraining from any form of harassment or discrimination, and by cooperating fully in any investigation of a harassment or discrimination complaint.

Managers and supervisors have the additional responsibility to act immediately on observations or allegations of harassment or discrimination. Managers and supervisors are responsible for creating and maintaining a harassment- and discrimination-free organization, and should address potential problems before they become serious.

CCMF is committed to a comprehensive strategy to address harassment and discrimination, including providing training and education to make sure everyone knows their rights and responsibilities, regularly monitoring organizational systems for barriers relating to protected grounds, providing an effective and fair complaints procedure and promoting appropriate standards of conduct at all times.

PROHIBITED BEHAVIOURS

Discrimination: means any form of unequal treatment based on a ground protected by human rights legislation within the province within which an employee, contractor, and/or volunteer  of CCMF is working, whether imposing extra burdens or denying benefits. Discrimination may take obvious forms, or it may happen in very subtle ways. Even if there are many factors affecting a decision or action, if discrimination is one factor, that is a violation of this policy.

Harassment: means engaging in a course of vexatious comment or conduct against another person that is known or ought reasonably to be known to be unwelcome. It can involve words or actions that are known or should be known to be offensive, embarrassing, humiliating, demeaning or unwelcome, based on a ground of discrimination identified by this policy. Harassment can occur based on any of the grounds of discrimination. 

Sexual harassment: means: 

1. 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 
2. 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.

Workplace violence: means:

1. the exercise of physical force by a person against a worker, in a workplace, that causes or could cause physical injury to the worker, 
2. an attempt to exercise physical force against a worker, in a workplace, that could cause physical injury to the worker, 
3. a statement or behaviour that it is reasonable for a worker to interpret as a threat to exercise physical force against the worker, in a workplace, that could cause physical injury to the worker.

Examples of harassment include:

• Epithets, remarks, jokes or innuendos related to a person’s race, gender identity, gender expression, sex, disability, sexual orientation, creed, age, or any other ground
• Posting or circulating offensive pictures, graffiti or materials, whether in print form or via e-mail or other electronic means
• Singling out a person for humiliating or demeaning “teasing” or jokes because they are a member of a Code-protected group
• Comments ridiculing a person because of characteristics that are related to a ground of discrimination. For example, this could include comments about a person’s dress, speech or other practices that may be related to their sex, race, gender identity or creed.

Examples of sexual harassment include: 

• Gender-related comments about a person’s physical characteristics or mannerisms
• Condescension based on gender which a person feels undermines his or her self respect or position of responsibility
• Unwelcome physical contact
• Suggestive or offensive remarks or innuendoes about members of a specific gender
• Propositions of physical intimacy
• Gender-related verbal abuse, threats or taunting
• Leering or inappropriate staring
• Bragging about sexual prowess or questions or discussions about sexual activities
• Offensive jokes or comments of a sexual nature about an  employee, contractor, volunteer, and/or client
• Rough and vulgar humour or language related to gender
• Display of sexually offensive pictures, graffiti or other materials including through electronic means
• Demands for dates or sexual favours.

Sexual Solicitation: this policy prohibits sexual solicitations or advances by any person who is in a position to grant or deny a benefit to the recipient of the solicitation or advance. This includes managers and supervisors, as well as co-workers where one person is in a position to grant or deny a benefit to the other. Reprisals for rejecting such advances or solicitations are also not allowed.

Poisoned environment: a poisoned environment is created by comments or conduct (including comments or conduct that are condoned or allowed to continue when brought to the attention of management) that create a discriminatory work environment. The comments or conduct need not be directed at a specific person, and may be from any person, regardless of position or status. A single comment or action, if sufficiently serious, may create a poisoned environment.

Domestic Violence: If CCMF becomes aware, or ought reasonably to be aware, that domestic violence that would likely expose a worker to physical injury may occur in the workplace, CCMF will take every precaution reasonable in the circumstances for the protection of the worker.

Duty to Accommodate: All  employees, contractors, and/or volunteers of CCMF are entitled to reasonable accommodations to the point of undue hardship, to the extent required by the human rights legislation in the province within which they are performing work for CCMF.

NOTE ON LEGISLATED STANDARDS: Harassment and violence also encompass any behaviour falling within the definition of violence or harassment provided by any legislation within the province within which an employee, contractor, and/or volunteer is working, including relevant human rights and occupational health and safety legislation.

 

VERSION: POLICY: V1: Approved: March 16, 2023

THE PROCEDURE

NOTE ON IMMEDIATE DANGER:

Should any individual be in danger of immediate violence or non-trivial physical harm, or is in need of immediate medical assistance, please contact local emergency services by dialing 911.

PURPOSE

This document sets out an internal process for investigating complaints of discrimination, harassment (including workplace sexual harassment) and violence, effectively, and resolving them in a fair and objective manner. 

A complaint resolution process is only one component of a proactive approach to eliminating discrimination, harassment and violence in the workplace and to resolving complaints internally.

APPOINTING AN INVESTIGATOR  

The person who receives the complaint and who conducts the subsequent investigation will be at least as senior as the complainant and the respondent and should not be an alleged witness to any of the events complained of. 

TIMEFRAME

In most cases, the timeframe for completing the investigation will be 30 days and a conclusion will be issued within 30 days of the completion of the investigation. However, this may not be possible in all circumstances and is not guaranteed.

NO REPRISALS

No retaliatory action will be taken against any  employee, contractor, and/or volunteer who initiates a complaint in good faith or who participates in an investigation of a complaint in accordance with company procedures.

CONTENT OF THE COMPLAINT

The initiating complaint must record all relevant facts clearly and in sufficient detail, including:

• Specific conduct complained of;
• Names and positions of the complainant and the respondent;
• Time and place the incident is alleged to have occurred;
• Accounts of previous similar incidents involving either or both parties; 
• Names of any witnesses or other individuals who might be able to substantiate the complaint (for example, confidants and medical attendees)

For this purpose, the complaint form attached as Appendix “A” should be used.

STEPS TO BE TAKEN IN THE INVESTIGATION PROCESS

Initial Meeting with the Complainant is Conducted

An initial meeting with the complainant allows the complainant to provide additional information about their complaint and for CCMF to ensure that the complainant understands the investigation process and knows that they are protected from reprisal in relation to their complaint.

Relevant Witnesses and Documents are Identified

Using information from the complaint form and the initial meeting with the complainant, CCMF will identify relevant witnesses and documents. Any relevant documents may be helpful to review prior to interviewing any witnesses identified.

Relevant Witnesses are Interviewed

The investigator will next interview the witnesses identified as having relevant information and will keep notes on the content of the interview. At the end of the interview, the investigator will confirm the details provided by the interviewee and have them sign the notes taken during the interview.

Evidence is Analyzed and Evaluated

The investigator will then analyze and evaluate the evidence, including whether the evidence is direct or indirect and whether it is consistent with other evidence that has been received in the course of the investigation. The investigator’s job is to analyse the evidence, based on relevance and credibility, without placing considerable weight upon how the interviewee sounded or looked.

The Conclusion is Communicated to the Complainant and Respondent

A discrimination or harassment allegation must be proven on a “balance of probabilities.” This assessment is made based on the analysis and evaluation of the evidence received during the investigation.

Once a determination has been made, the conclusion will be presented individually to the complainant and the respondent and they will be given an opportunity to provide any comments they have on the investigation and the conclusions made.

Corrective Action is Taken When Applicable

CCMF will take corrective action, up to and including termination of  employee, contractor, and/or volunteer, in the event the investigator concludes that the respondent engaged in discrimination, harassment and/or violence.

NOTE: INTERVIEWEE REQUEST FOR LEGAL COUNSEL

Interviewees, including the complainant and the respondent, are not entitled to attend any interviews with legal counsel. The interviewee may not have anyone attend an interview with them unless specifically preapproved in writing by CCMF. The investigator may elect to attend any interview with other individuals serving as witnesses to the interview.

 

VERSION: PROCEDURE: V1: Approved: March 16, 2023

APPENDIX A: COMPLAINT FORM

Please Read the Following Carefully

• Answer all questions as fully as possible.
• Confidentiality will be maintained as much as possible during the investigation.  However, in the interest of fairness to all persons involved and to allow for the greatest degree of effectiveness in conducting the investigation, information may be disclosed.

 

1. Your Name: __________________________________________________________

 

     Department: _____________________ Position:     ______________________

 

2. Name(s) and position(s) of the person(s) you feel is/are discriminating against or harassing you:  

____________________________________________

____________________________________________

 

3. Nature of the behaviour you are complaining about (e.g. verbal, written, physical, monetary):

____________________________________________

 

1. Date(s) and approximate time(s) on which the behaviour you are complaining about occurred:

____________________________________________

____________________________________________

 

1. In your opinion, is the behaviour you are complaining about related to any of the following grounds: race, ancestry, place of origin, colour, ethnic origin, citizenship, creed/religion, sex, gender expression, gender identity, sexual orientation, age, record of offenses, marital status, family status or disability?        

 

Yes _____            No _____

 

If “Yes”, which grounds are involved?  (You may list more than one.)

_________________________________________________________________________

 

If “No”, why do you think the behaviour you are complaining about is occurring? 

____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

 

1. Have you spoken to the person about his/her actions?     Yes _____        No _____

 

If “No”, why not?

______________________________________________________________________

If “Yes” on what date(s):

_____________________________________

What was his/her reaction? ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________

 

1. Have you told anyone else about the behaviour you are complaining about?  

 

Yes ____  No ____

 

If “Yes”, who and on what dates? 

_____________________________________________________

 

8. Provide the name(s) of any witness(es) to the alleged discrimination or harassment. These can be individuals who have personally observed the behaviour you are complaining about, or who have been similarly treated by the same person(s). 

_______________________________________

_______________________________________

_

 

9. Describe in your own words exactly what has happened.  Wherever possible include dates, times and the names of those involved.

_________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________

_________________________________________________________________________

_________________________________________________________________________

Attach additional page(s) if necessary.

 

_____________________________________ __________________________

Signature Of Person Filing Complaint Date

VERSION: COMPLAINT FORM: V1: Approved: March 16, 2023