A Toolkit for Addressing Workplace Harassment Human Rights and Respectful Workplace Office
Table of Contents
Bullying in the Workplace .......................................................................................................... 2
Tips for Receiving a Complaint .................................................................................................. 4
Options for Intervening .............................................................................................................. 5
Procedural Fairness & the Complaint Resolution Process ....................................................... 6
Restoring the Workplace ............................................................................................................ 7
VIU's Policies
Human Rights……………………………………………………………………………………………………………………...8
Personal Harassment………………………………………………………………………………………………………..…10
1
What is workplace bullying?
Bullying is usually seen as acts or verbal
comments that could 'mentally' hurt or isolate a
person in the workplace. Sometimes, bullying can
involve negative physical contact as well.
Bullying usually involves repeated incidents or a
pattern of behaviour that is intended to intimidate,
offend, degrade or humiliate a particular person
or group of people. It has also been described as
the assertion of power through aggression.
It is sometimes hard to know if
bullying is happening at the workplace.
Many studies acknowledge that there is
a "fine line" between strong
management and bullying. Comments
that are objective and are intended to
provide constructive feedback are not
usually considered bullying, but rather
are intended to assist the employee
with their work.
If you are not sure an action or
statement could be considered
bullying, you can use the "reasonable
person" test. Would most people
consider the action unacceptable?
The following article was developed by the
Canadian Centre for Occupational Health and
Safety. While the title references “bullying”
the information, as we discussed in the
workshop, is applicable and relevant to
personal harassment, discriminatory
harassment, and psychological harassment as
well.
Is bullying a workplace issue?
Work Safe BC has announced the intent to develop
occupational health and safety policies on workplace
bullying and harassment. In doing this BC is following the
lead of other provinces in Canada that have occupational
health and safety legislation that specifically deals with
bullying in the workplace. Quebec legislation includes
"psychological harassment" in the "Act Respecting Labour
Standards". Some jurisdictions have legislation on
workplace violence in which bullying is included. In
addition, employers have a general duty to protect
employees from risks at work. This duty can mean both
physical harm and mental health. Many employers choose
to address the issue of bullying as both physical and mental
harm can "cost" an organization.
In general, there will be differences in opinion and
sometimes conflicts at work. However, behaviour that is
unreasonable and offends or harms any person should not
be tolerated.
Bullying in the Workplace
What are examples of bullying?
While bullying is a form of aggression, the actions
can be both obvious and subtle. It is important to note
that the following is not a checklist, nor does it
mention all forms of bullying. This list is included as
a way of showing some of the ways bullying may
happen in a workplace. Also remember that bullying
is usually considered to be a pattern of behaviour
where one or more incidents will help show that
bullying is taking place.
Examples include:
belittling a person's opinions
excluding or isolating someone socially
intimidating a person
assigning unreasonable duties or workload which are unfavourable to one person
establishing impossible deadlines that will set up the individual to fail
withholding necessary information or purposely giving the wrong information
making jokes that are 'obviously offensive' by spoken word or e-mail
constantly changing work guidelines
physically abusing or threatening abuse
removing areas of responsibilities without cause
tampering with a person's personal belongings or work equipment.
underwork - creating a feeling of uselessness
yelling or using profanity
criticizing a person persistently or constantly
unwarranted (or undeserved) punishment
blocking applications for training, leave or promotion
tampering with a person's personal belongings or work equipment.
spreading malicious rumours, gossip, or innuendo that is not true
undermining or deliberately impeding a person's work
intruding on a person’s privacy by pestering, spying or stalking
2
DO NOT RETALIATE.
You may end up looking like the
perpetrator and will most
certainly cause confusion for
those responsible for evaluating
and responding to the situation.
(Adapted from: Violence in the
Workplace Prevention Guide.
CCOHS)
Bullying
WHAT CAN YOU DO IF YOU THINK YOU ARE BEING
BULLIED? If you feel that you are being bullied, discriminated against, victimized or
subjected to any form of harassment:
FIRMLY tell the person that his or her behaviour is not acceptable
and ask them to stop. You can ask a supervisor or union member to
be with you when you approach the person.
KEEP a factual journal or diary of daily events. Record:
o The date, time and what happened in as much detail as
possible
o The names of witnesses.
o The outcome of the event.
Remember, it is not just the character of the incidents, but the
number, frequency, and especially the pattern that can reveal the
bullying or harassment.
KEEP copies of any letters, memos, e-mails, faxes, etc., received
from the person.
REPORT the harassment to the person identified in your workplace
policy, your supervisor, or a delegated manager. If your concerns
are minimized, proceed to the next level of management.
HOW CAN BULLYING
AFFECT THE INDIVIDUAL? People who are the targets of bullying
may experience a range of effects.
These reactions include:
shock
anger
feelings of frustration and/or
helplessness
increased sense of vulnerability
loss of confidence
physical symptoms such as
inability to sleep
loss of appetite
psychosomatic symptoms such
as
stomach pains
headaches
panic or anxiety, especially
about going to work
family tension and stress
inability to concentrate, and
low morale and productivity.
HOW CAN BULLYING AFFECT THE
WORKPLACE?
Bullying affects the overall "health" of an organization. An "unhealthy"
workplace can have many effects. In general these include:
increased absenteeism
increased turnover
increased stress
increased costs for employee assistance programs (EAPs),
recruitment, etc.
increased risk for accidents / incidents
decreased productivity and motivation
decreased morale affect
reduced corporate image and customer confidence, and
poorer customer service. ● ● ●
● ● ●
3
What can an employer do?
A workplace violence prevention program must:
be developed by management and employee
representatives.
apply to management, employee's, clients, independent
contractors and anyone who has a relationship with
your company.
define what you mean by workplace bullying (or harassment or violence) in precise, concrete language.
provide clear examples of unacceptable behaviour and working conditions.
state in clear terms your organization's view toward workplace bullying and its commitment to the
prevention of workplace bullying.
precisely state the consequences of making threats or committing acts.
outline the process by which preventive measures will be developed.
encourage reporting of all incidents of bullying or other forms of workplace violence.
outline the confidential process by which employees can report incidents and to whom.
assure no reprisals will be made against reporting employees.
outline the procedures for investigating and resolving complaints.
describe how information about potential risks of bullying/violence will be communicated to employees.
make a commitment to provide support services to victims.
offer a confidential Employee Assistance Program (EAP) to allow employees with personal problems to
seek help.
make a commitment to fulfill the prevention training needs of different levels of personnel within the
organization.
make a commitment to monitor and regularly review the policy.
state applicable regulatory requirements, where possible.
(Adapted from: Violence in the Workplace Prevention Guide. CCOHS)
The most important component of
any workplace prevention
program is management
commitment. Management
commitment is best communicated
in a written policy. Since bullying
is a form of violence in the
workplace, employers may wish to
write a comprehensive policy that
covers a range of incidents (from
bullying and harassment to
physical violence).
4
Receiving a complaint:
Listen carefully. Your goal is to
understand the situation from
the complainant’s perspective.
Ask for specific examples
and/or incidents; vague
complaints that someone is
“aggressive” or “harasses” are
impossible to investigate or
address.
Do not give your own opinion
or judgment about the
complaint.
When you think you have a
good understanding of the
situation then check it out.
Take good notes to ensure you
have a record of the complaint.
Assessing the complaint:
How serious are the allegations?
Are the allegations possible violations of either the Human
Rights Policy/Procedure or the Personal Harassment
Policy/Procedure?
Is the situation one you can address or should external
resources be brought in?
Consult as needed with your supervisor, human
resources department or the Human Rights Director.
Record keeping
Determine whether the concern or complaint is
significant enough to warrant creating a record.
Consider the seriousness of the complaint and
whether a person investigating the concern or
complaint at a later date might request information
from you.
Ensure your notes include as many of the following
detail as possible:
The particulars of the concern as explained to
you.
Your response to the person who complained,
including any referral or suggestions you made.
Include a description of the demeanor of the
person (e.g. spoke quietly or loudly,).
Write your notes in a professional manner, as they
could be requested under FOIPOP legislation, or
required as evidence at a later date in a formal
process. Describe what you saw and heard, not what
you thought.
What are some general tips for workplace
leaders.
DO NOT
DO NOT IGNORE any
potential problems.
DO NOT DELAY
resolution. Act as soon
as possible.
(Adopted from the Wellness
in the Workplace Guide.
CCOHS)
Listen, Assess, Record.
5
Options for Intervening
Not all of these options will be appropriate. You need to assess the situation and the limits
of your role to identify your best course of action. Remember to consult as appropriate.
Meet individually with all parties to gather information on what is happening.
Objectively assess the information you have. While your own experience with the parties can be
used as information, your assessment should not be based solely on your own experience but on
all the information you can gather.
If at all possible bring the parties together to discuss the issues face to face. Being the go
between is often ineffective and creates more, rather than fewer, issues.
Make suggestions for changes in behavior. If you are a supervisor you may wish to consider
making the change in behavior an employer expectation – human resources advisors can assist
you with making that decision.
Can a Union Steward assist? Harassment prevention is in everyone’s interest, and a referral to a
steward may be helpful.
Conflict and harassment often have serious impacts on a person’s well-being. Reminding an
employee of the availability of support through the Employee and Family Assistance Program is
often a good idea.
Make sure you monitor the impact of any intervention you make. Check in to how affected
employees are doing and whether any more issues have surfaced.
Be quick in responding to any reoccurrence of the problematic behavior; if you are not in a
position to take action take the issue to a supervisor (usually a dean, director, or regional
campus principal) who does have the appropriate authority.
If you become aware of a situation or receive a report which involves yelling, unwelcome
physical contact, assault, violence, threats, implied threats, or criminal harassment a report
should be made immediately to a supervisor and to Health and Safety Services.
● ● ●
6
Procedural Fairness & the
Complaint Resolution Process
Complainant rights and
responsibilities:
A complainant has the right to
state and make concerns known
and to have their concerns
addressed. In order to protect
the person’s right to complain
there should be no
recriminations or retaliation
against a person for having
raised a complaint. VIU’s
procedure prohibits any kind of
retaliation against a person for
having filed a complaint.
If a complainant brings
concerns forward they should
be heard in a timely manner
and investigated without bias or
pre-judgment.
A complainant has the right to a
representative of choice.
A complainant has a
responsibility to refrain from
making complaints which are
frivolous, vexatious or
malicious. An employee who
is found to have filed a
frivolous, vexatious or
malicious complaint is in
violation of University policy.
Respondent’s Rights and Responsibilities:
A respondent has the right to know the details of the complaint, what
violations have been alleged and what remedy is sought by the
complainant. A respondent has the right to respond to these
allegations and to be represented by a person of his/her choice.
A respondent is responsible for not retaliating in any way against a
person for having filed a complaint. Any retaliation by a respondent
is a violation of University Procedure.
The University:
The University is responsible
for ensuring the complaint
resolution process meets the
requirements of procedural
fairness.
An important requirement is
ensuring any decision is made
by an unbiased decision-
maker. This requires that the
decision-maker has no close
association or prior
involvement with either party
and has not participated in the
process or a related process in
another capacity.
This may at times require the
hiring of an independent
outside advisor or investigator
to ensure neutrality and follow
through of procedural fairness.
The principles of natural
justice and procedural
fairness ensure that all parties
– complainant and
respondent, witnesses and
others in the workplace have
a chance to be heard and are
treated fairly.
The Union:
The union has a duty to represent both sides if the allegation
of harassment is between two union members – this is called
the duty of fair representation. The union would be sure that
the two members are represented by different union
stewards.
The union has a responsibility to assist in the resolution of a
complaint and should not impede the efforts of the employer
to deal with the situation. The union may work with the
employer through a process that both management and union
members support and will abide by to resolve complaints or
harassment or bullying.
7
After someone has spoken out – formally or informally
– what follows in the workplace is often fraught with
doubt and recriminations, silence and suspicion,
negativity, blame and/or exoneration. Often time
somebody leaves; at other times someone stays on
and the parties and the working group must continue
working together.
Throughout the investigation process, and after the
complaint has been investigated and addressed, it is
important to be deliberate and mindful of restoring the
workplace.
Restoring the
Workplace
Steps for restoring the
workplace can include:
Acknowledging that all
concerned have undergone a
difficult process; don’t pretend that nothing has happened
Providing support to the complainant for having taken it upon her or himself to identify a
difficult issue and thereby initiate workplace change
Providing support to the respondent as it is difficult to reestablish working relationships,
especially if a finding of harassment has been made.
Providing support to witnesses and to co-workers who may not have been involved but
likely knew about and were affected by the circumstances
Taking steps to allay any feelings of guilt, hurt or isolation
Recommending EFAP counseling and avenues to other resources, as needed
Continuing to monitor the workplace environment and do periodic education related to
harassment
Remain open to employee comments and feedback as they will let you know what needs
to be addressed
Do exit interviews with personnel leaving your department or faculty as a way of
assessing the working environment
Make any necessary adjustments to policy, procedures or workplace practices based on
“lessons learned”
8
Policy 21.03 Human Rights Policy
STATEMENT:
It is the policy of Vancouver Island University and our responsibility under the BC Human Rights Code, to provide an environment that is free of harassment and other forms of discrimination.
This Policy is based on the belief that Vancouver Island University, as an educational institution and as a workplace, has the following responsibilities:
• to educate members of the University about discrimination and its eradication; • to prevent discrimination occurring at the University through diligent and proactive
action; and • to respond promptly and effectively to any complaints of discrimination.
The intention of the Policy is to prevent discrimination against any member of the University, due to race, colour, ancestry, place of origin, political belief, religion, marital status, family status, physical or mental disability, sex, sexual orientation, age, or an unrelated criminal conviction. Sexual harassment of individuals or groups is also discrimination, which is prohibited by law and by this policy. All members of the University are prohibited from engaging in discrimination.
It is recognized that academic freedom is an important value of the University. This policy will be interpreted in light of our commitment to this value.
Education and increased awareness are the keys to eliminating incidents of discrimination and harassment. The University shall develop and implement an educational program for all members of the University community.
The academic and administrative leadership is responsible for taking action to maintain a fair and equitable environment free of discrimination and harassment. All members of the University community are responsible for treating each other with respect and dignity.
A complaint resolution procedure, Human Rights – Education Initiative and Complaint Resolution (the “Procedure”) -- shall be maintained by the University for members of the University community to address allegations of human rights violations prohibited by the Policy and Procedure. It is the intent of the University that all complaints made to the University of
Type: A - Educational (Board) Last Approved: March 25, 2010
Executive Responsibility: President & Vice-Chancellor Next Review: Nov., 2013
Administrative Responsibility: Human Rights Advisor Procedure: 21.03.001
9
alleged violations of the Policy and/or Procedure be required to be addressed through two avenues only: the Procedures, and, when applicable, the Collective Agreements between the University and the unions. This does not prevent a member of the University from lodging an external complaint under the B.C. Human Rights Code.
The following principles shall guide the University’s response to allegations of violations of the Policy or Procedure:
a. All members of the University community are required to comply with the Human Rights Policy and Procedure;
b. The University will treat alleged violations of the Policy or Procedure promptly;
c. A spirit of fairness to all parties will guide the proceedings;
d. Adherence to confidentiality is required in accordance with the provisions of the Procedure and law; and
e. Both complainants and respondents are entitled to a final resolution of allegations of violations of the Policy and/or Procedure.
The University considers discrimination and harassment to be a serious infringement of a person’s human rights and University members found to be in violation of the Policy and Procedures may be subject to a range of corrective measures, up to and including expulsion or dismissal from the University. Decisions regarding violations of the Policy and Procedure are made under the Procedure or the Harassment section of the relevant Collective Agreement. Appeals of decisions made under the Procedure or the relevant Collective Agreement shall be in accordance with the provisions of the Procedure. Members of the University community subject to collective agreements who elect to use the grievance provision in their collective agreement do not have the right to a further appeal under the provisions of the Procedure.
There shall be established an advisor on discrimination and harassment (the “Advisor”) and an Advisory Committee (the “Committee”). The Advisor, and Committee shall be responsible for developing and maintaining programs and Procedure that appropriately meet the goals of this policy, subject to approval by the President of the University.
end of document
10
Policy 21.05 Personal Harassment Policy
STATEMENT: This policy is intended to protect employees and students from personal harassment and to provide a procedure for addressing personal harassment complaints. For the purposes of this policy, “personal harassment” is defined as objectionable conduct or comment directed towards a specific person(s), which serves no legitimate work or educational purpose and has the effect of creating an intimidating, humiliating, offensive, or hostile work or educational environment. Personal harassment is a broad term that includes behaviours that could be called psychological harassment or bullying. Vancouver Island University will endeavour to provide employees and students with an environment free of personal harassment. Maintaining an appropriate work and educational environment is a goal shared by the administration and the employee unions. Members of the University community are responsible for treating other community members with respect and dignity. Education, increased awareness, and prompt action are the keys to eliminating incidents of personal harassment. The administration will assume primary responsibility for addressing personal harassment, supported by union leaders as appropriate. The following principles will guide the response to any allegations of personal harassment:
a. members of the University community are required to comply with the Personal Harassment Procedures;
b. the University will endeavour to treat alleged violations of the Policy or Procedures promptly;
c. a spirit of fairness to all parties will guide the proceedings;
d. adherence to confidentiality is required in accordance with the Procedures;
e. both the complainant and the respondent are entitled to a final resolution of allegations of violations of the Policy or Procedures.
Type: C - Institutional Last Approved: March 28, 2013
Executive Responsibility: President & Vice-Chancellor Next Review: April, 2013
Administrative Responsibility: Director, Human Rights and Respectful Workplace
Procedure: 21.05.001
11
2
APPLICATION This policy applies only to behaviour and incidents that are not covered by the institution’s Human Rights Policy. Behaviour and incidents of personal harassment in which physical force is used or where threatening statements are made that could be reasonably perceived as placing a person at risk of injury may also fall under Policy 41.10 Prevention of Violence in the Workplace. In this event, the Director, Human Rights and Respectful Workplace and the Administrative Coordinator, Health and Safety Services will work together to ensure that appropriate requirements of both policies are met. The procedures under this policy will apply to all personal harassment complaints between employees and between students and employees. Complaints involving students only shall be addressed under the Student Conduct Policy.
COMPLAINTS Vancouver Island University shall maintain a complaint resolution procedure to ensure that complaints of personal harassment are addressed. The objective of the complaint resolution process is to restore the work or educational environment for the individual complainant and, if necessary, for the entire work or educational group.
POTENTIAL CONSEQUENCES Behaviour that contravenes this policy will be subject to remedial action including direction to cease the harassment, apology, and/or participation in an educational program regarding harassment. In addition, harassing behaviour may result in disciplinary action, including reprimand, suspension, or termination. Decisions under this policy may be appealed or grieved pursuant to the Complaints Procedure.
end of document
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