Harassment and Discrimination Policy
Purpose
- Canadian All Care College (“CACC”) will ensure that all employees and students have a right to work and study in an environment that promotes the personal worth and dignity of everyone.
- Canadian All Care College will not tolerate discrimination or harassment in employment, education, accommodation, or business dealings.
- Every college community member has the right to file a complaint of discrimination/harassment.
Scope
The policy and procedures within the work/study environment will apply to the CACC community:
- full-time and part-time employees
- full-time students
- contractors who provide products, services, or research
- visitors or guests
- individuals who are directly connected to any joint college initiatives
Prevention and Enforcement
Canadian All Care College is committed to preventing behaviour that results in discrimination or harassment, as defined in this policy and the Ontario Human Rights Code.
This policy shall remove any potential adverse impact of harassment or discrimination on individuals’ work or study environments. This includes harassment and/or discrimination that occurs on-campus, at CACC-related social functions, during work or academic assignments/placements, during work or academic-related travel, or by telephone and/or electronic communication.
Responsibility
All employees and students at CACC are responsible for promoting an environment free of discrimination and harassment and for promptly reporting any incidents that they believe to be acts of discrimination or harassment. CACC recognizes its obligations to deal quickly and effectively with harassment and discrimination incidents brought forward by CACC community members.
CACC community members are welcome to seek advice or assistance from or file a complaint with the Main Office.
Confidentiality
For individuals who seek advice and counsel regarding possible violations of this policy, CACC will ensure to deal with the issues discreetly and confidently throughout the complaint resolution process.
Prohibited Grounds
The Ontario Human Rights Code defines the following as the PROHIBITED GROUNDS:
1. Harassment means using any distressing comments or engaging in conduct that is known or might reasonably be known to be unwelcome or unwanted, offensive, intimidating, hostile, inappropriate, or adversely affecting an individual’s employment or academic outcome.
Typical examples of comments or conduct include demeaning gestures, remarks, jokes, taunting, innuendo, display of offensive materials, offensive graffiti, threats, verbal or physical assault, unwarranted penalties, stalking, slurs, shunning, or exclusion.
2. Sexual Harassment means engaging in conduct of a sexual nature that is known or might be perceived as unwelcome or unwanted, offensive, intimidating, hostile, or inappropriate.
Typical examples of sexual harassment include demeaning gestures, remarks, and jokes; slurs, taunting, innuendo based on gender or sexual orientation; unwanted physical contact; leering; inappropriate comments about clothing, physical characteristics, or activities. This includes unwanted questions or comments about one’s private life, sexual orientation, marital or family status; the display of sexually offensive material; solicitation; unwanted attention; implied or expressed promise of reward or benefit in return for sexual favours; implied or expressed threat or act of reprisal if sexual favours are not given, or sexual assault (Criminal Code offence).
3. Racial Harassment means engaging in unwelcome/unwanted behaviour that negatively relates to race/ethnicity/culture that is known or might reasonably be perceived as offensive, intimidating, hostile, derogatory, or inappropriate.
Typical examples are demeaning remarks or gestures, jokes, inappropriate displays of racial stereotypes, racial/ethnic/cultural slurs, unwanted questions, comments of a racial/ethnic nature about one’s private life, or physical assault (Criminal Code offence).
4. Discrimination is one or more action(s) or any behaviour that results in unfavourable, adverse, or preferential treatment that negatively affects an employee’s employment status or a student’s academic status.
Typical examples include refusal to provide goods, services, or facilities without cause; exclusion from employment/student or employment/ student benefits; and refusal to work with, teach or study with someone.
5. A poisoned environment is a form of an unequal term or condition of employment, study or accommodation and is, therefore, a violation of the right to be free from discrimination. The comment or conduct can be direct or indirect, affecting “poisoning” the work or study environment. It includes any conduct or statement that creates and maintains an offensive, hostile, or intimidating climate for study or work.
Typical examples include exposure to graffiti, signs, cartoons, remarks, exclusion, or adverse treatment.
6. Intention to discriminate means creating and displaying any notice, sign, symbol, emblem, or other representation that implies discrimination or an intention to discriminate against any identifiable group.
Typical examples include publishing, displaying, transmitting (by any medium), inciting others to discriminate (inciting hatred against any identifiable group), and any hate literature.
Communicating statements that wilfully promote hatred against any identifiable group is an offence under the Criminal Code.
7. Systemic Harassment/Discrimination means the existence of policies, practices, procedures, actions, or inactions that may appear neutral but adversely impact when applied. The negative stereotypical portrayal of groups/individuals in materials; failure to provide or participate in college-authorized bona fide accommodation measures; and program selection criteria or job postings with requirements/qualifications that are not bona fide are examples Systemic Harassment/Discrimination.
Academic Standard
CACC strives for learning, teaching, and a work environment that promotes inclusion, understanding, and respect for all Students and Employees.
CACC’s objective is to ensure curriculum, teaching, and promotional materials reflect the
CACC community. Where teaching or promotional materials are being developed or utilized, every effort shall be made to portray and acknowledge the diversity of Canadian society. Study materials may contain discriminatory bias and stereotypes but must be used exclusively for understanding historical context and current values, attitudes, and behaviours.
Coverage
Visitors, contractors, and suppliers of services who attend a CACC campus location will have a standard contract compliance clause stating that contractors must comply with this Policy and the Ontario Human Rights Code. Visitors, contractors and suppliers of services will be subject to complaints if they engage in prohibited conduct, including co-operating in investigations. Breach of the clause may result in penalties, cancellation of the contract, or being banned from CACC.
Documented and validated complaints may result in discipline of an employee, up to and including dismissal, or academic field of a student, up to and including withdrawal from CACC.
All members of the CACC community have the right to file a complaint with the Ontario Human Rights Commission to preserve their rights under the Code. The Code requires complaints to be filed with the Commission within six months of the occurrence of the facts upon which the complaint is based unless the Commission is satisfied that the delay was the result of a good reason and the outcome would not affect any person due to the delay.
All employees and students of the CACC community are required to participate in the proceedings as outlined in the procedures attached to this policy as part of their contractual obligation with CACC. However, CACC or individuals have the right to seek other legal advice.
Protection of Records
All records of meetings, consultations, discussions, or communications, including investigation, mediation, resolution, documents, and identities of the parties, will be kept on a confidential file only accessible to the investigators.
Abuse of Policy/Procedures
Malicious complaints or inappropriate breaches of confidentiality will be considered violations of the Policy. Any individual or group that makes a frivolous, false, or bad faith complaint under this Policy to harm another individual or group breaches the Policy and will be disciplined.
Reprisal
The policy protects every individual who files a complaint of discrimination or harassment, participates, co-operates in an investigation, provides information relevant to a complaint, or acts in any role under the policy and these procedures. Those that fall in this category have a right to do so without threat of reprisal.
Without Prejudice
Any confidential complaint made to and filed with the Main Office shall be deemed to have been made or filed without prejudice.
Complaints Procedure
Where a person believes that a policy violation has occurred, they may seek confidential advice from the Campus Office, request informal intervention or file a formal complaint with the Main Office.
- A complaint must be filed in writing within six months of the incident.
- A complainant may withdraw a complaint at any point in the procedure.
Determination of Complaint Process
Upon receipt of a complaint alleging discrimination or harassment, the CACC-appointed Joint and Health Safety Committee will begin a preliminary review to determine if the situation is within the purview of CACC appointed Joint Health and Safety Committee and shall advise a complainant to resolve their disputes either informally or through mediation.
CACC may exercise its authority to begin a more formal intervention when the dispute falls within one of the following areas:
- the allegations, if proven, warrant strict disciplinary action, i.e., suspension, dismissal, or expulsion.
- the allegations, if proven, would harm academic programs or the CACC’s reputation.
- there is more than one aggrieved person: or
- there are significant differences in the complainant’s and respondent’s versions of the events.
- a dispute is one in which the security, health, or safety of those involved are at risk; or
- the complaints involve possible offences under the Criminal Code of Canada or other federal or provincial statutes.
Informal Resolution
If there is a reason to believe that there is a violation of the Policy, and if there is a situation that can be remedied by informal resolution, the Main Office Representative or designate shall meet with each party involved and attempt to settle the complaint informally.
Mediation
If the settlement cannot be reached informally, the complaint may proceed to mediation at the request of the complainant, respondent, or Representative.
The Mediator shall meet with the parties involved, provide both parties with an opportunity to present the relevant facts, and assist them in arriving at a mutually agreeable solution to settle the complaint.
When all parties involved in the complaint agree to a resolution, it shall be documented, signed by the parties, filed in the Main Office, and the complaint will be considered resolved.
Formal Complaint
If the complaint is not resolved through informal resolution or mediation, a formal complaint may be filed using an Incident Report. Suppose the filed complaint is one CACC has determined is inappropriate for informal resolution or mediation. In that case, a formal complaint process shall begin by the Joint Health and Safety Committee.
Investigation of Formal Complaints
CACC-appointed Joint Health and Safety Committee will meet with the respondent(s), complainant(s), and persons that may have information relevant to the complaint and allow them all reasonable opportunities for any information to be included in the investigation report.
If a complaint alleging personal safety or security threat, CACC appointed Joint Health and Safety Committee will have the authority to contact and consult with any law enforcement or other appropriate agency.
CACC appointed Joint Health and Safety Committee, within ten working days, shall prepare a Conduct Report, including actions required to achieve compliance with the Policy, in respect of the complaint (e.g., education, sanction or redress) and future behaviour or practices.
Suppose the Incident Report finds unsubstantiated allegations or the complaint was a frivolous, false, or bad faith complaint under this Policy. In that case, the Conduct Report will address what actions are required to exonerate a respondent or initiate other appropriate actions as determined by CACC.
Suppose the Conduct Report identifies disciplinary action against a student or any employee. In that case, the decision and corrective action shall be conveyed, discussed, and confirmed at a final meeting involving all parties.
College Responsibilities
Where immediate action is required in the enforcement of this Policy, the Executive Team will act on the recommendations of the Joint Health and Safety Committee.
Where the complaint is specific to CACC policy, practice, or procedure, CACC appointed Joint Health, and Safety Committee will be responsible for investigating and determining a resolution to this situation.
Consequences of Policy Violation
The primary purpose of any actions taken as a violation of the Discrimination and Harassment Policy is to create an environment free of harassment and discrimination.
If it is found that a violation of the Policy has occurred, CACC will take appropriate action, including discipline against Students and Employees, but not restricted to the following:
- Mandatory Discrimination/Harassment Training
- Warning (Verbal and written)
- Academic Probation
- Disciplinary Directive
- Suspension
- Behavioural Contract
- Disciplinary Transfer
- Dismissal/Expulsion
- Restriction of Contracts
In case of any disputes, updated printed copies of CACC policies will take precedence over the policies published on our website.