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SEXUAL AND WORKPLACE HARASSMENT

SEXUAL AND WORKPLACE HARASSMENT. Near North District School Board Policy. FREEDOM FROM HARASSMENT IN THE WORKPLACE. The Board is committed to providing a non-discriminatory working environment in which all persons are treated with respect and dignity.

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SEXUAL AND WORKPLACE HARASSMENT

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  1. SEXUAL AND WORKPLACE HARASSMENT Near North District School Board Policy

  2. FREEDOM FROM HARASSMENT IN THE WORKPLACE • The Board is committed to providing a non-discriminatory working environment in which all persons are treated with respect and dignity. • Any employee, volunteer, agent or student who is found to have engaged in conduct that constitutes harassment will be subject to disciplinary action. • The Board will not tolerate any type of reprisal, actual or threatened against a person who initiates or contemplates initiating a complaint.

  3. OBJECTIVES • The promotion, through education and prevention strategies, of a working/learning environment of respect that is free from any form of discrimination and harassment; • The alerting of all employees/students/agents of the Board to the fact that discrimination and harassment in the workplace are against the law; • The provision of examples of behaviour that may be considered offensive; • The establishment of procedures for receiving, addressing and resolving complaints of harassment; and, • The declaration that, regardless of seniority or position, all persons found to have engaged in conduct that constitutes harassment will be disciplined.

  4. EXPRESSIONS OF SEXUAL HARASSMENT • Practical jokes of a sexual nature which cause awkwardness or embarrassment; • Unwelcome remarks, jokes or innuendoes, or taunting about a person's body, attire, sex or sexual orientation; • Displays of pornographic pictures or other offensive material; • Leering (suggestive staring) or other gestures; • Unnecessary physical contact such as touching, patting, pinching or intentional sexual touching; • Letters, e-mails, telephone calls containing sexual material or overtones; • Pressure for dates or sexual favors; and • Inquiries or comments about a person's body, sex life, relationships or physical appearance.

  5. RESPONSIBILITES OF INDIVIDUALS • Good sense prevails in all situations; • All complaints are treated seriously and with sensitivity; • Every attempt is made to preserve the dignity and self-respect of all persons involved; • Complaints are resolved in an expeditious and appropriate manner.

  6. RIGHTS OF INDIVIDUALS • Every person has the right to freedom from harassment in the workplace/learning environment because of race, ancestry, place of origin, color, ethnic origin, citizenship, creed, age, record of offenses, marital status, sex, family status or handicap.

  7. SEXUAL HARASSMENT • Sexual harassment is any deliberate and unsolicited sexual comment, suggestion or physical contact that creates an uncomfortable environment for the recipient. Sexual harassment may also be a single sexual advance, particularly by one in authority that includes or implies a threat and/or a reprisal made after a sexual advance is rejected. Examples of advances that constitute sexual and/or workplace harassment include:

  8. SEXUAL HARASSMENT (CONTINUED) • Conduct that has the purpose or effect of interfering with an individual's work, study or academic performance and/or creating a negative psychological and emotional environment for work, study and/or academic performance; • Explicit or implied threats to an individual's employment, education, academic status or academic accreditation, due to lack of submission to such conduct;

  9. Sexual harassment must be differentiated from sexual assault which is an act committed, or threatened, in circumstances of a sexual nature such as to violate the sexual integrity of the victim. Sexual assault is a serious criminal offence which must be reported to the police.

  10. WORKPLACE HARASSMENT • Examples of workplace harassment include but are not limited to: • conduct, comments, gestures or contacts that are known or ought to be known by the person initiating them to be unwelcome; • demeaning comments which undermine self-respect; and • display or distribution on Board premises of offensive material in such forms as pictures, cartoons and graffiti.

  11. The Policy goes on to explain… • Confidentiality and Security of Records • The Consensual Approach • The Formal Approach • Follow Up on the Final Report of the Investigative Committee

  12. The Follow up could include… a) A formal apology; b) Counselling and/or education about harassment; c) A written warning; • A change of work assignment of the respondent (or complainant); e) Demotion and/or transfer; • Suspension of the employee (with or without pay) or suspension of the student; • Suspension of the employee (with or without pay) pending approval for discharge; h) Termination of employment.

  13. Notwithstanding the existence of this administrative guideline, every employee or student of the Board continues to have the right at any time to seek assistance from the Ontario Human Rights Commission, or to seek redress under the Criminal Code of Canada, or to seek any other statutory or civil remedy or remedies that may be available…

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