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SCHOOL DISTRICT 8 HARASSMENT AWARENESS - Brief Yearly TRAINING. Goals for Today’s Session. To identify the elements of harassment To review the definition of harassment To review contract language and policy for SD8 for harassment
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SCHOOL DISTRICT 8HARASSMENT AWARENESS -Brief Yearly TRAINING
Goals for Today’s Session • To identify the elements of harassment • To review the definition of harassment • To review contract language and policy for SD8 for harassment • To briefly look at strategies for dealing with harassment complaints
COMPONENTS OF HARASSMENT • Abuse of power (AND/OR) • Discriminatory (AND/OR) • Negative job-related effect
COMPONENTS OF HARASSMENT, con’t.d • A reasonable person would know the behaviour to be unwelcome; • Intent does not matter (!!!!) • Repetition or verbal protest not necessary…but…
RELEVANT DOCUMENTS • B.C. Human Rights Code • WorkSafe Regulations • BCTF Collective Agreements (both provincial and local) • CUPE Collective Agreement • SD#8 Policy 203 – Discrimination and Harassment • Case Law
DEFINITION OF HARASSMENT HARASSMENT is: • a form of discrimination, based on: • race, colour, ancestry, place of origin, political belief, religion, marital status, family status, physical or mental disability, sexual orientation, gender, age, conviction of a criminal or summary offence unrelated to one’s employment Definition based on B.C. Human Rights Code
SPECIFIC TYPES OF HARASSMENT • Sexual Harassment • Personal Harassment (in most districts, teachers are only group with personal harassment clauses; however, in SD8, it is in defined in our policy, so applies to EVERYONE)
PERSONAL HARASSMENT • Improper, unwelcome behaviour directed at or offensive to any person; and/or • Objectionable conduct, comment, materials or display that belittles, intimidates, or humiliates another person; or • Inappropriate exercise of power or authority that serves no work purpose
WHAT IS NOT HARASSMENT? • Routine supervision of employees & routine interactions; • Performance evaluations; • Directive to do reasonable part of job duties; • Imposition of disciplinary process; • Lack of friendliness; • Denial of request for time off • Etc…
DEALING WITH HARASSMENT • Harassment is Complainant-driven • Perception of complainant and/or witness is key
Dealing with Harassment, cont. • Possible avenues for resolution: • Complainant may deal directly with harasser (ideal) • Complainant may go to union rep • Complainant may go to administrator(s) • Complainant may go to someone else • Third party may intervene and make report
EMPLOYEE RIGHTS All employees have the right to: • Make complaints (note: Teachers’ Code of Ethics does NOT apply in harassment cases) • Be informed of complaints against them • A fair hearing (the right to be heard) • A full investigation • Confidentiality • A representative of their choice
INFORMAL RESOLUTION OF HARASSMENT COMPLAINTS Informal resolution of harassment complaints is subject to provisions of relevant Collective Agreements and policies – informal resolution is often best
Steps in the Process for Resolution Step One: • Complainant may speak directly to harasser (BEST) • May be RESOLVED • Complainant may report to admin, union rep, or other contact person • May be RESOLVED; OR: Step Two: • Formal complaint may be filed with Superintendent or designate • Alleged harasser is notified in writing of complaint details and investigation process details • Investigation must begin as soon as possible, and be RESOLVED as soon as possible • May be RESOLVED; OR: Step Three: • Complainant may initiate a grievance (eg: Violence in the Workplace)if process not followed • Complainant may refer to Human Rights Tribunal (if harassment under BC Human Rights Code)
FOR MORE INFORMATION • SCHOOL DISTRICT 8 POLICY • Includes information about harassment by ANYONE impacting work environment – colleague, student, parent, supervisor, senior leadership, trustee, public • COLLECTIVE AGREEMENT • Collective agreement language about harassment
TIPS • If you feel you are being subject to harassment, or if harassment is reported to you, DOCUMENT EVERYTHING • Ask for help – talk to an administrator, senior leadership person, Superintendent, PVP, harassment investigator, lawyer, etc. • Do not ignore the complaint & ask for help if you are unsure if it is harassment • Read the relevant sections of the Collective Agreements and SD8 Policy • If you are the alleged harasser, contact union, supervisor, senior leadership, etc. for assistance right away and document everything