A10.02.01 Standards of Conduct Involving College Employees

Policy Statement

Scope of this Policy

Definitions

Procedural Fairness

Interim Relief

Procedures/Rules Statements

Appeals

Responsibility for Actions

Education and Awareness

Policy Statement

College students, employees, and users are entitled to engage in the educational process, or the provision of educational services, free from disruptive or inappropriate behaviours.

Scope of this Policy

1. Other Policies

a. Where behaviours are of a violent nature, policy A10.01.05 "Violence Prevention Involving College Employees" shall apply.

b. Where behaviours may be considered as Sexual Harassment or Personal Discrimination, Policy A02.09.01 shall 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 shall prevail to the extent of the inconsistency.

2. This policy shall apply to behaviours that involve a College employee as Complainant or Respondent and that occur within the College Environment (as defined below) and/or where a College Employee is acting as an official College representative.

3. This policy will be applied in accordance with WCB Regulations, where applicable.

Definitions

1. Disruptive/Inappropriate Conduct

Behaviours that interfere with normal College operations and/or may be considered disruptive/inappropriate by any reasonable standard. These include but are not limited to

a. Behaviours that create significant disruption to the learning environment and/or impede the instructional process or the delivery of College services.

b. Behaviours that create an atmosphere of hostility, intimidation, ridicule, anxiety or disrespect for others.

c. Behaviours that contradict published rules, regulations, procedures or common standards of safety. These include regulations/protocols for specific locations within Douglas College such as laboratories, the library, and the gymnasium, or for facilities used in partnership with other parties (e.g. Pinetree Community Centre, practicum work sites, etc.).

d. Behaviours of a non-violent nature that endanger or threaten to endanger the health or safety of College Students, Employees or Users present on campus, or that subject any College Student, Employee or User to physical, mental, written or verbal abuse, or to potential injury.

e. Behaviours that damage, deface or destroy College property.

2. Student

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

3. College Employee

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

4. Users

Any individual(s) 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 the Cafeteria, Library or Student Services.

5. College Environment

Includes all Douglas College premises and any off-campus sites utilized by Douglas College for instruction, 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.

6. Supervisor

A person designated as a Supervisor for other College Employee(s).

7. Responsible Administrator

The administrator responsible for the discipline/program, service area or work unit of the Employee or Student/User alleged responsible for the Disruptive/Inappropriate behaviour. This would normally be the Dean/Director but in cases of complaints against an administrators it would be his/her Supervisor.

8. Complainant

Any College Employee or Student User who has been impacted by the alleged Disruptive/Innapropriate behaviour and seeks resolution through an informal or formal complaint proccess. In a situation where the College has knowledge evidence of Disruptive/Innapropriate behaviours conduct and no individual complaint is received, the College may act as the complainant to initiate an investigation and/or take disciplinary actions.

9. Respondent

The individual alleged as responsible for any Disruptive/Innapropriate behaviour in an informal or formal complaint.

10. Health and Safety Committee

The Committee established by the College at each campus as per in accordance with the Worker's Compensation Board Regulations.

Procedural Fairness

1. The College will deal with allegations of Disruptive/Inappropriate Conduct 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 applicable Policy.



2. During Informal and/or Formal Investigation, the Parties shall be advised of all allegations and responses 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 that Disruptive/Inappropriate Conduct, as defined by this policy, has or has not occurred.



3. For a complaint to be considered under this Policy, it must be submitted within three months of the date of the last alleged incident of Disruptive/Inappropriate Conduct. If the Complainant submits evidence that there is reasonable cause for an extension to the three-month limit the Responsible Administrator 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 safety of the College Community and/or prevent damage to College property, pending the completion of an investigation of a complaint of Disruptive/Inappropriate Conduct. 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.

Procedures/Rules Statements

The following procedures for dealing with Disruptive/Inappropriate Behaviours are not intended to be necessary, consecutive steps. Based on the judgement of the College Employee dealing with those behaviours, if the situation warrants immediate action, the first procedures/steps may be omitted and security called to remove the inappropriate/disruptive individual.

1. An Employee, Supervisor or individual designated as the person responsible for the instructional or service environment or security personnel will ask the Employee or Student/User to cease the Disruptive/Inappropriate Behaviour.



2. Where the Employee or Student/User does not cease the Disruptive/Inappropriate Behaviour, s/he will be asked to leave that environment. Where that individual does not leave, the Responsible Administrator or Security may be called to remove that individual from the environment (classroom, library, public space and so on).



3. In the case of a single serious incident or of ongoing incidents of Disruptive/Inappropriate Behaviour, and at all times when an Employee or Student/User is required to leave a specific learning/service environment, the instructor or designated Supervisor for that learning/service environment will notify the Responsible Administrator, in writing. Where it is an employee that is alleged to be responsible for Disruptive/Inappropriate behaviour a copy of this written notification will be provided to the Employee by the Responsible Administrator
   
   Such written notification must include a description of the disruptive behaviours, when and where they occurred, and the names of individuals involved, including witnesses where possible.



4. Where the alleged Disruptive/Inappropriate behaviours occurs between Complainant and Respondent, and no interventions (as described above) occur at that time, the Complainant may first consult with the individual responsible for the learning or service environment to attempt informal resolution. The Supervisor, Manager or Administrator will follow-up on such allegations in a timely manner and may meet with the Complainant and Respondent to facilitate resolution. Where the Supervisor, Manager or Administrator determines s/he cannot resolve the issue, the Complainant may submit a signed Complaint to the Responsible Administrator for investigation.
5. Upon receipt of a signed complaint, or incident notification as described in (3) above, the Responsible Administrator will meet with the Complainant, the Respondents and/or with other witnesses, as appropriate, to investigate the reported incident, to facilitate informal resolution in cases where the Supervisor, Manager or Administrator responsible for the learning or service area has not attempted to facilitate informal resolution, and/or to facilitate a formal investigation to determine whether a breach of this Policy has occurred. Such formal or informal investigation shall be initiated by the Responsible Administrator within ten working days of receiving a signed complaint or incident notification.
6. All allegations of Disruptive/Inappropriate Conduct will be investigated in a prompt, objective and sensitive manner. The Responsible Administrator will consult with the Employee Relations Department before meeting with any Employee alleged as responsible for Disruptive/Inappropriate Behaviour. It is noted that in any investigative meetings between the Responsible Administrator and an Employee who is a member of a union, the Respondent has the right to union representation and access to all provisions under the appropriate collective agreement.
7. Where Disruptive/Inappropriate Behaviour takes place in a practicum or work experience setting a work place supervisor is authorized to ask a College Employee or Student to stop such behaviour and/or ask that Employee or Student to leave the work setting. Such incidents will be reported to the Employee's or Student's Responsible Administrator (as appropriate) and any investigation/follow-up actions (as described above) shall be the responsibility of the Responsible Administrator.



8. In the event that a breach of this Policy has occurred, the Responsible Administrator will determine disciplinary actions that may include (but are not limited to):
   1. a letter that clearly states that the behaviour is inappropriate, and that outlines/identifies possible consequences including disciplinary action up to and including suspension from the college and/or termination of employment in the event of continuation of the Disruptive/Inappropriate Behaviour. One copy of the letter shall be provided to the Respondent, one copy placed on the Respondent's personnel file where the Respondent is an Employee or on the Respondent's student file where the Respondent is a Student, and one copy shall be kept by the Responsible Administrator (or as defined by the applicable collective agreement)
   2. where the breach of this policy is by an employee and is deemed serious based on a "reasonable person" standard, immediate disciplinary action up to and including suspension or termination of employment
   3. where the breach of this policy is by a Student/User and is deemed serious based on a "reasonable person" standard, immediate disciplinary action up to and including suspension from the College. The Student/User will receive written notice from the Responsible Administrator of his/her suspension and a copy of this notice will be sent to the Director, Facilities Services. Where the Respondent is a Student a copy will be sent to the Registrar's office to be placed in the Student's file.



9. Where a Formal Investigation takes place the Responsible Administrator shall notify the Complainant and Respondent of the outcome of the investigation including disciplinary actions taken by the college.



10. Where an Investigation determines that the complaint was frivolous, vexatious or vindictive in nature the College may take appropriate disciplinary action against the Complainant.

Appeals

(a) If the Complainant or the Respondent feels that he/she was not provided with due process appropriate process was not followed 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. 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 did not take place was not followed. The Vice President or President will determine if additional actions or formal investigation formal is required and, where appropriate, appoint an Investigator

(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 Responsible Administrator to the appropriate Vice-President or, where the decision was made by the Vice President, to the College President. 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 did not take place was not followed. The appeal will deal with appropriateness of process or disciplinary decisions and will not reconsider the original complaint.

(c) If disciplinary actions are imposed, pursuant to this policy, on a college employee who is a member of the BCGEU or the DCFA, the decision may be grieved through the language of the appropriate Collective Agreement. If disciplinary actions are imposed, pursuant to this policy, on a college employee and the Employee is not a member of the BCGEU or the DCFA theDCFA, the decision may be appealed to the Aappropriate Vice President or, if the conduct/disciplinary decision involvesdecision is determined by that Vice-President, to the College President. The appeal must be made in writing, within ten working days of the date the individual is informed of the disciplinary action decided by the Responsible Administrator. The appeal must provide specific grounds for the appeal, describing how the policy was incorrectly applied and/or due process was not followed. Where the disciplinary decision is upheld after an appeal to a Vice President, the disciplinary decision may be appealed to the College President. This appeal must be made in writing, within ten working days of the date the individual is informed of the outcome of the appeal to the Vice-President. The appeal must provide specific grounds for the appeal, describing how the policy was incorrectly applied and/or due process was not followed.

Responsibility for Actions

1. College Employee(s) and Student Users shall be held responsible for their actions whether acting individually or in a group, and ignorance of College policies or regulations will not absolve the College Employee(s) of responsibility.

2. All behaviours which may be reasonably perceived as threatening the safety/well-being of others, or disruptive of the College learning/working environment, whether intended as facetious or not, will be dealt with as real and appropriate disciplinary action will be taken.

Education and Awareness

1. A manual on investigative procedures will be developed by the College, and training on appropriate investigative procedures will be provided to all Responsible Administrators.

2. The Director, Facilities Services shall ensure that a College safety/procedures manual is available to Employees, Students and Users of the College.

3. Employees will be informed of the College Conduct policy through Employee orientations, and by awareness training/educational opportunities.

4. Employees of Douglas College have access to support services through the College's Employee and Family Assistance Program.