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A02.09.01 Sexual Harassment and Personal Discrimination

Effective Date: December 10, 2002	New:
Will Replace: September 11, 2001	Revision: X

Policy Statement

Douglas College is committed to providing a learning and working environment which is free from Disruptive, Inappropriate or Violent behaviours. The College considers Sexual Harassment and Personal Discrimination to be a serious violation of an individual's fundamental rights. Members of the College community who engage in Sexual Harassment or Personal Discrimination may be subject to a range of disciplinary measures, up to and including suspension, dismissal or expulsion from the College.

Scope of this Policy

This Policy is intended to address and eradicate Sexual Harassment and Personal Discrimination which occurs within the context of Douglas College activities and which interferes with an individual's employment or studies at the College. Behaviour which occurs separate from any college activities and which is unrelated to an individual's employment or studies at the College is not covered.

Other Policies
1. This Policy is not intended to be used in situations where Sexual Harassment or Personal Discrimination is of a violent nature. Where behaviours are considered Violence as defined by college policy, Policy A10.01.05 Violence Prevention Involving College Employees or Policy A10.01.06 Violence Prevention Involving Student/Users shall apply.
2. Where behaviours may be considered as inappropriate/disruptive and of a non-violent nature, and are not Sexual Harassment or Personal Discrimination as defined by this policy, Policy A10.02.01 Standards of Employee Conduct or Policy A10.02.02 Standards of Student/User Conduct will apply.
This Policy is subject to any applicable provisions contained in the Douglas College/DCFA or Douglas College/BCGEU collective agreements. Where such a collective agreement provision applies and is inconsistent with a part of this Policy, the collective agreement provision will prevail to the extent of the inconsistency.

Notwithstanding the existence of this Policy, every person has the right to pursue other courses of action, even when steps are being taken under this Policy. However the College reserves the right to suspend the processing of complaints when alternate routes are being pursued by the complainant(s).

Definitions

Sexual Harassment and Personal Discrimination

1.1. Sexual Harassment

(a) Sexual Harassment is defined as sexual advances, requests for sexual favours or other verbal or physical conduct of a sexual nature

. that a reasonable person would find to be unwanted to unwelcome; and
. where submission to such conduct is made explicitly or implicitly a term or condition of employment or educational progress or academic decisions, or
. where such conduct has the effect of unreasonably interfering with an employee's work performance or a student's learning environment and/or creates a hostile or intimidating (poisoned) working/learning environment

(b) To constitute Sexual Harassment behaviour may be repeated or persistent or may be a single serious incident.

(c) The legitimate study of topics of a sexual nature within the College's curriculum is not considered Sexual Harassment.

1.2 Personal Discrimination

(a) Personal Discrimination means verbal or physical behaviour, conduct or communication, that is discriminatory in nature, based upon another person's race, colour, ancestry, place of origin, religion, marital status, family status, physical or mental disability, criminal conviction, sex, age, or sexual orientation. It is discriminatory behaviour, directed at an individual, or group of individuals, which

. may reasonably be expected to cause substantial distress in such an individual(s), and/or
. creates a hostile or intimidating (poisoned) working/learning environment, and
. such behaviours serve no legitimate college-related purpose

(b) To constitute Personal Discrimination, behaviour(s) may be repeated or persistent or may be a single serious incident.

2. Complainant

A person who alleges that he/she has been subjected to Sexual Harassment or Personal Discrimination, as defined by this Policy.

3. Respondent

A person who is alleged to have engaged in Sexual Harassment or Personal Discrimination as defined by this Policy.

4. Investigator

An individual retained by the College to investigate a Formal Complaint of Sexual Harassment or Personal Discrimination, under this policy. The investigator shall ascertain the facts, and prepare a written report. An Investigator may be internal or external, at the discretion of the Vice President, Educational Services or the Director, Employee Relations.

5. Harassment Advisors

College employees appointed by the College President to advise and assist members of the College community in connection with Sexual Harassment and Personal Discrimination complaints.

6. Student

Any individual utilizing Douglas College educational offerings (credit or non-credit).

7. College Employees

All those directly employed by Douglas College and those individuals employed by the College to instruct/supervise Douglas College students in off-campus setting.

8. User

Any individuals using College facilities or services, while they are present on a campus of Douglas College. This includes, but is not limited to College contractors, individual(s) attending College events (such as athletic or performing arts events, or conferences), facility renters, and users of services such as Cafeteria, Library or Student Services.

9. College Environment

Includes all Douglas College premises and any off-campus sites utilized by Douglas College for instruction, delivery of educational services, practicums, co-op or work experience placements and/or other environments in which the Employee is working as part of his/her position's responsibilities, or the Student is placed as part of the course or program in which he/she is registered.

10. Supervisor

A person designated as a supervisor of other College Employee(s).

11. Responsible Administrator

The Administrator responsible for the discipline/program, service area or work unit in which the Sexual Harassment or Personal Discrimination takes place. In Instructional/Service areas this would normally be the Dean/Director. In public space at the College, this would normally be the Director of Facilities Services. In cases where the parties to the complaint are located in different Faculties/Departments, the Responsible Administrator will be the Administrator responsible for the Faculty/Department in which the Respondent works/studies.

12. Responsible Vice President

The Vice President to whom the Responsible Administrator reports.

13. Request for Formal Investigation

A request for Formal Investigation of a Sexual Harassment or Personal Discrimination complaint as per the process outlined in this policy. Such a request must include specific details of the behaviours/incident(s) that are the substance of the complaint, the name of the Respondent, and names of witness where appropriate.

Procedural Fairness

The College will deal with allegations of Sexual Harassment and Personal Discrimination in a procedurally fair, unbiased and timely manner. Complainants and Respondents (the Parties) shall be advised of the procedures available to them and will be provided with a copy of this Policy.
The Parties shall be advised of the allegations and responses of both the Complainant and Respondent and shall be accorded reasonable opportunity to provide comments in support or defense of their own positions. Both the Complainant and Respondent have a reasonable right to view and respond to any information gathered during the investigation, that will be utilized in determining a finding of Harassment/Discrimination or No-Harassment/Discrimination.
For a complaint to be considered under this Policy, it must be submitted within six months of the date of the last alleged incident of Sexual Harassment or Personal Discrimination. If the Complainant submits evidence that there is reasonable cause for an extension to the six month limit, it may be referred, with the complaint, to the Vice President, Educational Services or Director, Employee Relations (as appropriate) who may grant such an extension.

Interim Relief

The College President or Responsible Administrator may take whatever interim measures he/she considers necessary to protect the College community or any of its members, pending the completion of an investigation of a Sexual Harassment or Personal Discrimination complaint. Such measures may include, but are not limited to, ordering the Complainant, Respondent, witnesses or other parties to cease and desist from engaging in a particular type of behavior, restricting access to a specific campus or specific areas of a college campus, and/or suspending one or both of the Parties from the College pending investigation.

Confidentiality and Anonymity

Allegations of Sexual Harassment or Personal Discrimination may require the disclosure of sensitive information. In order to encourage persons who have been subject to Sexual Harassment and/or Personal Discrimination to come forward, and to protect the rights and reputations of the Complainant and the Respondent throughout the investigation process, the College will attempt to ensure that confidentiality is maintained except where disclosure is necessary for the purposes of investigating and resolving the complaint.
Confidentiality must, however, be distinguished from anonymity. If a Complainant wishes to proceed with Informal Resolution or Formal Investigation, the Respondent must be made aware of the nature of the Sexual Harassment and Personal Discrimination complaint, including the identity of the Complainant.
All parties and witnesses to a complaint will endeavour to maintain confidentiality throughout the Informal Resolution and/or Formal Investigation procedures. Investigators will stress the confidentiality of the investigation with the persons interviewed.

Complaint Procedure

1. Initial Consultation: Role of Harassment Advisor:

(a) A member of the College community who feels he or she has experienced Sexual Harassment or Personal Discrimination and is considering a complaint process is encouraged to discuss the matter with a Harassment Advisor. The Advisor will provide a confidential consultation regarding the Complainant's options, and provide the Complainant with information and advice regarding:

i) whether the behaviour(s) in question may fall within the definition(s) of Sexual Harassment or Personal Discrimination under this Policy or within the definition of Harassment within the language of a Collective Agreement;

ii) where the Complainant is a member of the BCGEU, he/she shall be referred to an Harassment Advisor named in the BCGEU Collective Agreement.

iii) possible procedures and options available to the Complainant under this Policy or under alternate Policy or process (as appropriate);

iv) possible actions that the Complainant might take to resolve the situation himself or herself. These include but are not limited to carefully recording dates, times, locations, possible witnesses and details of all incidents, addressing the Respondent (with or without a support person) and asking that "harassing" behaviours cease, seeking the help of the Student Ombudsperson or Faculty Ombudsperson or a Shop Steward (as appropriate), and/or seeking Informal Resolution. Where a Complainant wishes to pursue a formal complaint and the complaint is covered by a Collective Agreement, he/she will must be referred to the appropriate individual as provided in that Collective Agreement.

The Harassment Advisor does not determine whether behaviours are Sexual Harassment or Personal Discrimination, only confirm that behaviours as described by the Complainant may constitute Sexual Harassment or Personal Discrimination. Only a Formal Investigation can determine whether Sexual Harassment or Personal Discrimination has taken place.

(b) The Harassment Advisor works solely with the Complainant, providing options for the Complainant to deal with presented behaviors.

(c) The Harassment Advisor will maintain confidentiality of this consultation. However, if the Complainant claims that the Sexual Harassment or Personal Discrimination involves Violence the Advisor must report the situation to the Responsible Administrator who will investigate as per policy A10.01.05 Violence Prevention Involving Employees or A10.0.6 Violence Prevention Involving Students/Users.

(d) If the Complainant, after initial consultation, wishes to proceed to a formal complaint of Sexual Harassment or Personal Discrimination under the policy, the Advisor may provide advice on the necessary elements for a Request for Formal Investigation.

(e) Interactions between the Harassment Advisor and the Complainant will be confidential. The Harassment Advisor will not be questioned, or otherwise participate in any subsequent investigative process except as required by law and/or to confirm, on request, that the complainant had consulted an Advisor.

2. Informal Resolution

If a Complainant wishes to pursue further actions after an initial consultation with a Harassment Advisor and the "harassing/discriminatory" behaviors are subject to process under this policy he/she shall normally first seek Informal Resolution. There is an onus of responsibility on the part of the Complainant to inform the Respondent that "harassing" behaviours are unwelcome, inappropriate and ask that they cease. It is recognized that within some situations such confrontations may not be possible or appropriate.

(a) If the behaviors are student-to-student and classroom based, the complainant may request that the instructor intervene to address the "harassing/discriminatory" behaviors and take action as appropriate to the situation.

(b) Where "harassing/discriminatory" behaviours are not student-to-student/ classroom based or faculty intervention is not appropriate or possible, the Complainant may seek Informal Resolution through the appropriate Responsible Administrator. When a Responsible Administrator receives a verbal or written complaint of Sexual Harassment or Personal Discrimination he/she will follow-up on such allegations in a timely manner including informing the Respondent of the Complaint and providing a copy of this Policy. Such follow-up may involve attempting to facilitate a mutually agreed-to resolution between the Complainant and Respondent, applying appropriate College Policy or procedures, and/or taking appropriate preventative, disciplinary or remedial measures. Disciplinary actions may include but are not limited to:

- warning or reprimand
- referral to educational or psychological services;
- restricted/no access to specific areas of the College or to a specific campus
- suspension/expulsion from specific classes and/or from the College

Where the complaint is against a Dean/Director the request for Informal Resolution would be directed to the Responsible Vice President. Where the complaint is against a Vice President or a member of the College Board, the request for Informal Resolution would be directed to the College President. Where the complaint is against the College President the request for Informal Resolution would be directed to the Chair of the College Board.
(c) Where such complaints involve a College Employee, the Responsible Administrator will consult with the Director, Employee Relations.

(d) Where the Responsible Administrator determines that the Investigation of the allegations of Sexual Harassment and Personal Discrimination is complex and may result in serious consequences for the College, he/she will consult with the Director of Employee Relations to determine if the complaint resolution process should move directly to a Formal Investigation.

3. Formal Investigation

(a) Where the complainant wishes to pursue Formal Investigation, and both Complainant and Respondent are Students and/or Users, the Complainant must submit written and signed request for Formal Investigation, to the Vice President, Educational Services. Where the complaint involves a College Employee as Complainant or Respondent, a written and signed request for Formal Investigation must be submitted to the Director, Employee Relations. Usually, such a request would not be made until the informal resolution process has been exhausted or the alleged behaviours are such that Informal Resolution is not appropriate. Where the complaint is against the Director, Employee Relations, the Request for Formal Investigation will be submitted to the College President who will name a designate to fulfill the role of initiating an investigation as described below.

i) The Vice President, Educational Services or the Director, Employee Relations, will review the merits of any complaint that falls under the provisions of this policy and determine that it falls under the provisions of this policy and make arrangements for Formal Investigation, including whether an Internal or External Investigator should be appointed. The College reserves the right to recommend alternate actions for resolution, based on the potential impact of the alleged behaviours on the Complainant and/or on College operations.

ii) Where the complaint moves to Formal Investigation under College Policy, an Investigator will be appointed. Every effort will be made to do this within ten (10) working days of the complaint being received by the Vice President, Educational Services or the Director, Employee Relations.

iii) The appointment of an Investigator does not preclude that Investigator, where possible, from mediating the dispute but only with the consent of both Complainant and Respondent.

(b) The appointed Investigator will ensure that both the Complainant and the Respondent are aware that a Formal Investigation has commenced, and that each has the information of the Sexual Harassment or Personal Discrimination complaint and a copy of the Sexual Harassment and Personal Discrimination Policy.

(c) The Investigator will receive information from the Complainant, the Respondent, and any other individuals whom the Investigator believes may have information relevant to the complaint.

(d) Information may be received through written documentation, and/or interviews. The Investigator will ensure that both the Complainant and the Respondent are aware of the positions of the other, and of any allegations made against them, and are given a reasonable opportunity to respond.

(e) Where an Investigator conducts interviews, the Complainant and the Respondent may request that a support person be present. Only a Douglas College Counselor, Douglas College Student Society Ombudsperson, First Nations Coordinator, Women's Centre Coordinator or a Union Representative, may provide such support during the Formal Investigative process. This person will act as an observer/support and will not participate in the proceedings. An interpreter for either or both the Complainant and Respondent (where either or both parties have English as a second language) may be provided by a decision of the Investigator.

(f) After completion of the investigation, and within ten working days, the Investigator will complete a written report, including a copy of the written complaint and findings of fact, and submit the report to the College President. The report will state a positive or null Finding of Harassment/Discrimination based on the balance of probabilities and may include recommendations for resolution of the complaint and/or for remedial action.

The College reserves the right to initiate an independent investigation of Sexual Harassment or Personal Discrimination if sufficient cause has been demonstrated to warrant such action.

4. Formal Decision

(a) After reviewing the Report of the Investigator, the College President will make decision(s) on Findings of Sexual Harassment or Personal Discrimination and on appropriate actions as appropriate in the circumstances.

(b) The President's decision will be rendered, in writing, to the Complainant and Respondent as soon as possible but in any case within 10 working days of the receipt of the report of the Investigation. The President will provide findings of the Investigator with his/her decision, and a copy of the Investigative Report (in confidence) to the Complainant and the Respondent. The President will determine any further release of any information contained in the report.

(c) Where the President finds that Sexual Harassment or Personal Discrimination has occurred, disciplinary decisions may include, but are not limited to:

-warning or reprimand
-referral to educational or psychological services
-restricted/no access to specific areas of the College or to a specific campus
-suspension/expulsion from specific classes and/or from the College
-disciplinary action up to, and including, termination of employment

(d) Where the President finds that Sexual Harassment or Personal Discrimination has occurred, the College will endeavour to protect the Complainant from any subsequent harassment, discrimination or reprisal, within the College's jurisdiction.

(e) Where the President finds that the complaint was frivolous, vexatious or vindictive in nature, he/she may take appropriate disciplinary action against the Complainant.

(f) A copy of the Investigative Report and the President's decisions will be placed in a confidential file maintained by the Office of the President for a period of five years.

(g) In addition to disciplinary outcomes the President may require further action including workshops and/or mediation for the employees/students in the learning or workplace environment affected by the complaint and/or investigation, changes to college practices/procedures that may be deemed to be discriminatory, or other proactive steps to ameliorate existing conditions.

In the case of a complaint against the College President, the Chair of the Douglas College Board assumes the responsibilities assigned to the President as a part of the complaint procedures.

5. Appeal

(a) If the Complainant or the Respondent feels that he/she was not provided with due process within an Informal Resolution Process and the complaint had not been moved to a formal investigation, he/she may appeal the decision(s) of the Responsible Administrator to the Responsible Vice President. Where the decision is made by the Responsible Vice President the appeal would be directed to the College President. Where the complaint was against a Vice President and the decision was made by the College President, the Appeal would be directed to the Chair of the Douglas College Board. The appeal must be submitted in writing within ten days of the decision being received by the Complainant/Respondent and must provide specific grounds for the appeal, describing how the policy was incorrectly applied and/or due process was not followed. The appeal will deal with the appropriateness of process or disciplinary decisions and will not reconsider the original complaint.

(b) If the Complainant or Respondent feels that appropriate process was not followed within the Formal Investigation or that this Policy was incorrectly applied he/she may appeal the decisions of the President to the Chair of the College Board. The appeal must be submitted in writing within ten days of the decision being received by the Complainant/Respondent and must provide specific grounds for the appeal, describing how the Policy was incorrectly applied and/or due process was not followed. The appeal will deal with appropriateness of process or disciplinary decisions and will not reconsider the original complaint.

(c) If the President's decision results in disciplinary action against a College employee, that employee shall have access to appropriate Collective Agreement provisions or appeal processes.

Training and Education

The College will ensure that Sexual Harassment and Personal Discrimination training is provided to the President, Vice Presidents, Responsible Administrators, Internal Investigators and Harassment Advisors.
The College will develop and offer workshops/training on classroom management/dealing with conduct issues for college instructors who may be requested to deal with classroom interventions under the Informal Resolution process.
The College will initiate and maintain a program to ensure that members of the College community are aware of this Policy.
The College will take steps to educate members of the College community regarding Sexual Harassment and Personal Discrimination.
The College will develop a Manual on Investigative Procedures. Training on appropriate investigative procedures will be provided to all Responsible Administrators.