Dr. Ralph Nilson · Dr. Ralph Nilson President and Vice-Chancellor Vancouver Island University 900 Fifth Street Nanaimo, BC V9R 5S5 Dear Dr. Nilson: I am pleased to present to you

Dr. Ralph Nilson

President and Vice-Chancellor

Vancouver Island University

900 Fifth Street

Nanaimo, BC V9R 5S5

Dear Dr. Nilson:

I am pleased to present to you and the Vancouver Island University Board of Governors the Annual

Report, which covers the 2013-2014 reporting period. The Annual Report has been prepared for your

review pursuant to paragraph 9.2.1.vi of the Human Rights - Education Initiatives and Complaint

Resolution Procedure [21.03.001] made under the University’s Human Rights Policy [21.03].

Yours truly,

Katrin Roth von Szepesbéla, J.D.

Director, Human Rights and Respectful Workplace Office

NANAIMO | COWICHAN | PARKSVILLE-QUALICUM | POWELL RIVER

900 Fifth Street, Nanaimo, British Columbia, Canada V9R 5S5 | viu.ca/humanrights

i | P a g e 2 0 1 4 A n n u a l R e p o r t , V I U H R R W O

TABLE OF CONTENTS

INTRODUCTION ................................................................................................................................... 1

ACKNOWLEDGMENTS .......................................................................................................................... 2

EXECUTIVE SUMMARY ......................................................................................................................... 3

HRRWO’S MANDATE ........................................................................................................................... 3

LEGAL FRAMEWORK ............................................................................................................................ 4

POLICY ADVOCACY .............................................................................................................................. 7

INSTITUTIONAL LEADERSHIP AND REPRESENTATION ........................................................................... 7

COMMUNICATION AND AWARENESS .................................................................................................. 7

OUTREACH: BUILDING CAPACITY ........................................................................................................ 8

BEST PRACTICES: PEER RELATIONS ...................................................................................................... 8

COMMUNITY ENGAGEMENT: EVENTS ................................................................................................. 8

LOCUS OF EXPERTISE AND RESOURCE LIBRARY .................................................................................. 12

PREVENTION: EDUCATION AND TRAINING INITIATIVES ..................................................................... 12

COMPLAINTS AND RECOURSE: CONSULTATION AND CASE DATA ...................................................... 13

ALLEGED GROUNDS OF COMPLAINTS ................................................................................................ 14

CASE RESOLUTIONS ........................................................................................................................... 16

CROSS-TABULATION OF COMPLAINANTS BY RESPONDENTS .............................................................. 17

CONCLUDING REMARKS .................................................................................................................... 18

1 | P a g e 2 0 1 4 A n n u a l R e p o r t , V I U H R R W O

INTRODUCTION The Vancouver Island University Academic Plan envisions an environment in which all University community members are provided with the best possible conditions for learning, teaching, and working. Vancouver Island University values human diversity in all its dimensions, aims to promote a high quality of life, and is committed to maintaining learning and working environments which are equitable, diverse, and inclusive. Vancouver Island University strives to realize this vision by establishing educational and employment practice standards that respect the dignity of all University community members. To this end, the Human Rights and Respectful Workplace Office (“HRRWO”) is dedicated to the highest standards of human dignity and actively endorses these standards at every level of the institution and in all aspects. The HRRWO plays an important and autonomous role in providing institutional leadership and advocacy for a values-based, coherent and principled approach to the development, maintenance and continual improvement of such standards. The HRRWO is an independent and impartial entity within Vancouver Island University. It reflects the values of the University it serves. The HRRWO’s mandate is to champion the promotion, protection and advancement of human rights, principles of a respectful University community, diversity and equity. The mandate of the HRRWO covers a population of more than 18,000 full‐ and part‐time students (including 1,500 international students and over 2,000 Aboriginal students), and over 2,000 faculty and staff. As a member of the University leadership, the Director plays a key role in the achievement of the goals set out in the University’s Academic Plan especially relating to the University’s core values of respect, engagement, and diversity. The Director is the Senior Advisor to the President and Vice-Chancellor and Chief Human Rights Officer responsible for providing leadership and administration related to the

Promotion of human rights, mutual respect, diversity and equity;

Cultivation of a respectful University culture;

Building of capacity for resilience to and the development of effective coping mechanisms for instances of discrimination, bullying/harassment, and inequity;

Prevention of unreasonable harm (such as mental disorders and injuries to a person’s dignity, feelings, and self-respect) resulting from discrimination, bullying/harassment, and inequity;

Informal resolution, formal adjudication, and remediation of complaints of discrimination, bullying/harassment, and inequity, and

Restoration of positive educational and working relationships. The Director is accountable to the President and Vice-Chancellor and directs the HRRWO’s operation at arm's length from day-to-day management to ensure the HRRWO’s autonomy and objectivity.


ACKNOWLEDGMENTS Hay ch qa’ sii’em siye’yu mukw mustimuxw.

The HRRWO acknowledges and thanks the Snuneymuxw First Nation, Tla’amin First Nation and

Cowichan Tribes for welcoming students, faculty and staff to teach, learn, live and share educational

experiences on their traditional territories.

The Director would like to express her sincere appreciation for Dr. Nilson’s unwavering support and

guidance during the past year.

Additionally, the Director would like to acknowledge and thank the members of the transitional

President’s Committee on Diversity, Equity and Human Rights for their dedication, support and

expertise.

Furthermore, the Director gratefully acknowledges the support for the work of the HRRWO from the

following:

Vancouver Island University Students' Union, Canadian Federation of Students, Local 61;

Canadian Union of Public Employees, Local 1858;

B.C. Government and Service Employees’ Union, Local 702;

Vancouver Island University Faculty Association, and

Vancouver Island University Leadership.

Finally, the Director would like to give special thanks to Michelle Champagne for her invaluable support

to the HRRWO.


EXECUTIVE SUMMARY The HRRWO presented 51 educational events, such as standard and customized workshops,

orientations, presentations, and lectures on the Nanaimo, Cowichan and Powell River campuses

to 784 students and 527 University employees to raise awareness of University community

members’ rights and responsibilities relevant to the creation of a learning and work

environment that is marked by mutual respect, including valuing individuals’ differences and

dignity, and that is intended to foster personal and professional excellence.

The HRRWO had several opportunities to represent the University as a partner in The Diversity

Partnership: A Community in Action, including at the Central Vancouver Island Multicultural

Society Multicultural Speaker Series, an event held in partnership with the City of Nanaimo.

The HRRWO recorded 191 consultations relating to concerns of University community members.

In the 2013-2014 Reporting Period, the HRRWO handled 68 case files involving issues related to

discrimination, bullying or harassment.

The transitional President’s Committee on Diversity, Equity and Human Rights and the HRRWO

continued to work closely with Facilities Services and Campus Development on projects to

improve physical accessibility on the Nanaimo Campus.

The Positive Space Alliance and the HRRWO continued collaborating with Facilities Services and

Campus Development on matters of accessibility, including the establishment of non-gendered

washrooms.

HRRWO’S MANDATE The University’s commitment to fostering and sustaining a learning and work environment within the

University community that is defined by mutual respect and trust is reflected in Vancouver Island

University’s strategic and educational plans. On a day-to-day basis, the HRRWO supports this

commitment by effectively managing highly sensitive matters that have the potential to significantly

affect student experiences, influence labour relations, adversely impact the University’s reputation, and

create risks of legal and reputational liability to the University, faculty and staff.

The HRRWO balances the nurturing of relationships among the University’s key stakeholders and

community members by promoting and encouraging positive behaviour with robust complaint

resolution systems when concerns of discrimination, bullying or personal or sexual harassment are

brought forward.


The HRRWO is responsible for assuring, to the fullest extent possible, that BC Human Rights Code issues

related to discrimination, harassment and human rights are resolved fairly and expeditiously within the

University community through both independent and collaborative processes. Proactive measures that

educate and create awareness are used to build a positive culture based on mutual respect.

The HRRWO provides advice, assistance and information to students, faculty and staff and addresses

discrimination, sexual harassment, bullying, and personal harassment concerns raised by members of

the University community in an impartial manner.

LEGAL FRAMEWORK The HRRWO views the promotion of diversity, equity, and a respectful work and learning environment

as well as the elimination of discrimination, bullying and harassment as central aspects of its mandate.

The prevention and response to mental health concerns among University students and employees

continues to play a major role in developments of the law.

The recent legislative amendments to s. 5.1 of the Workers Compensation Act are part of a triad of

unprecedented changes relating to mental disorders and, more generally, psychological health in the

workplace. These mental disorder provisions in s. 5.1 and related regulations create considerable

uncertainty in the law. The University must contend with seemingly contradictory tribunal decisions

until such time when there is greater clarity resulting from a judicial review and/or constitutional

challenge to the validity of said provision.

In addition, recent changes in tort law on intentional and negligent infliction of emotional distress,

including harassment and bullying, set a higher standard of care for all employers and supervisors. The

University now must ensure that it meets not only the due diligence defense requirements but also its

public and private duty of care. As a result, complex tort law, administrative law, employment law, and

human rights concepts must be applied in every complaint or claim for compensation related to mental

disorders allegedly resulting from the conduct or comments by a person.

The introduction of the voluntary National Standard of Canada for Psychological Health and Safety in

the Workplace by the Mental Health Commission of Canada is another major change. While presently

not in and of itself binding, adherence to this standard may afford a level of protection to employers

from claims of psychologically unsafe work environments. Moreover, recent changes to the common

law already impose a duty and establish a standard of care, which aggrieved persons can seek to enforce

in the legal system.

Also noteworthy is the launch of The Post-Secondary Student Mental Health: Guide to a systemic

approach by the Canadian Mental Health Association and the Canadian Association of Colleges and

University Student Services, which is designed to support colleges and universities in their planning of

comprehensive action to improve student mental health.


At Vancouver Island University, the Mental Health and Wellness Task Force lead by the Executive

Director, Student Affairs and supported by the HRRWO is breaking ground by making student and

employee mental health a priority and by investing in mental health promotion and prevention

initiatives to ensure a mentally healthy learning and work environment.

Human Rights

The BC Human Rights Code governs the work of the HRRWO as it relates to human rights and

discrimination, as well as concerns about accommodation and accessibility. The mandate of the HRRWO

mirrors the purposes of the Human Rights Code and applies them to the University community. The

Human Rights Code’s purposes are to

foster a society in British Columbia in which there are no impediments to full and free

participation in the economic, social, political and cultural life of British Columbia;

promote a climate of understanding and mutual respect where all are equal in dignity and

rights;

prevent discrimination prohibited by the Human Rights Code;

identify and eliminate persistent patterns of inequality associated with discrimination prohibited

by the Human Rights Code, and

provide a means of redress for those persons who are discriminated against contrary to the

Human Rights Code.

Mental Health: Bullying and Harassment

The common law as well as the recently amended Workers Compensation Act and related WorkSafeBC

policies regulating employers, workers, and supervisors govern the work of the HRRWO in relation to

workplace bullying and harassment.

Section 5.1(1) of the Workers Compensation Act provides that an employee may be entitled to

compensation for a mental disorder, if the mental disorder is diagnosed by a psychiatrist or psychologist

as a mental or physical condition and is either

(i) a reaction to one or more traumatic events arising out of and in the course of the

worker's employment, or

(ii) predominantly caused by a significant work-related stressor, including bullying or

harassment, or a cumulative series of significant work-related stressors, arising out of

and in the course of the worker's employment,

A mental disorder is not compensable, if it is caused by a management decision, including a decision to

change the working conditions, alter the work to be performed, discipline the worker, or terminate the

working relationship.


The University, as an employer, has a duty to ensure the health and safety of its workers. As a result,

the University must take all reasonable steps to prevent where possible, or otherwise minimize,

workplace bullying and harassment.

In its policy statements WorkSafeBC defines “bullying and harassment” to

include any inappropriate conduct or comment by a person towards a worker that the person

knew or reasonably ought to have known would cause that worker to be humiliated or

intimidated, but

exclude any reasonable action taken by an employer or supervisor relating to the management

and direction of workers or the place of employment.1

Conduct or comment that might constitute bullying and harassment include overt or easily observable

behaviours, including but not limited to, the following:

Spreading malicious gossip or rumours about a person;

Verbal aggression or insults; calling someone derogatory names;

Public humiliation of an individual in person, via email, social media, or by other means;

Making personal attacks based on someone's private life and/or personal traits;

Engaging in targeted social isolation;

Absence of administrative fairness and procedural justice where power imbalance in supervision

is a factor;

Vandalizing a worker's belongings or work equipment;

Sabotaging a person's work;

Engaging in harmful or offensive initiation practices;

Making aggressive or threatening gestures, and

Physical assault or threats.

However, bullying and harassment can also include more subtle and less obvious conduct or comment.

Whether any conduct or comment will constitute bullying and harassment will depend on the context in

each case.

1 It is noteworthy that the policy statements provide that “a ‘person’ includes any individual, whether or not they are a

workplace party. This means that a ‘person’ could be a workplace party such as an employer, supervisor, or co-worker, or a non-workplace party such as a member of the public, a client, or anyone a worker comes into contact with at the workplace.”


POLICY ADVOCACY The HRRWO believes that shared ownership, engagement and network building is the most effective

method to ensure the success of the policies in practice. The implementation of the policies is a

constant work in progress.

Further, the human rights and respectful workplace policy framework is flexible to adapt as the law

continues to evolve, novel matters emerge, and new questions arise. The HRRWO endeavours to

articulate the principle-based policies and procedures it administers in clear and plain language.

The HRRWO does not advocate for any individual or group. It takes an impartial stance in addressing

concerns of discrimination, bullying or harassment. In its function as an independent advisor and

content expert the HRRWO does not provide legal advice to any party to a dispute, although legal

principles are applied. Its advocacy role is limited to advancing initiatives and promoting changes in

University policies and procedures resulting from developments in the law and provincial and federal

government policy directives in order to achieve the principles laid out in the same.

The responsibility to manage interpersonal conflict, bullying and harassment concerns is shared by all

members of the University community. Deans and administrative leads of University departments can

contribute by providing an environment where faculty, staff, and students can freely express concerns.

The HRRWO is a dispute resolution and conflict management locus of expertise and a resource for the

entire University community.

INSTITUTIONAL LEADERSHIP AND REPRESENTATION The Director is an active member of the President’s Council. Additionally, the Director aims to provide

regular updates on human rights and respectful workplace developments at Provost Council and

Administration & Finance Council. Further, the Director frequently represents the University at public

events relating to the University’s role as partner in The Diversity Partnership: A Community in Action.

COMMUNICATION AND AWARENESS The HRRWO produces a variety of brochures, guides, toolkits and other information material for

distribution across University campuses. The office also hosts a website www.viu.ca/humanrights/ to

assist the University community with the location of information and campus resources related to

human rights, diversity, and personal and sexual harassment.

http://www.viu.ca/humanrights/


OUTREACH: BUILDING CAPACITY The HRRWO promotes change by providing guidance to the University’s academic departments and

service units. The HRRWO is committed to meeting with all Deans and leads of University departments

to provide information on the mandate of the HRRWO and to hear about matters of potential concern.

The goal of the HRRWO is to enable Deans and leads of University departments to integrate the

University’s fundamental values of mutual respect and equity into their day-to-day operations.

BEST PRACTICES: PEER RELATIONS The Director of the HRRWO is a member of the Executive of the Canadian Association for the Prevention

of Discrimination and Harassment in Higher Education. She was also a member of the 2014 Conference

Planning Committee.

Further, the Director continues her efforts toward laying the foundation for a BC Regional Council of

Human Rights and Equity Professionals.

COMMUNITY ENGAGEMENT: EVENTS Central Vancouver Island Multicultural Society Multicultural Speaker Series

The Director of the HRRWO functioned as the master of ceremonies for the October 16, 2013,

Central Vancouver Island Multicultural Society Multicultural Speaker Series. The series was

designed to explore cultural and ethnic diversity and offered an opportunity for community

members to better understand their neighbours, develop respectful relationships and reduce

discrimination.


West Coast LEAF Presents the 2013 Persons Day Breakfast in Nanaimo The HRRWO sponsored a ticket for the October 26, 2013, West Coast LEAF Persons Day

Breakfast. The Persons Day Breakfast celebrates the progress Canadian women have made

toward gender equality, and it provides an opportunity for discussions around a more equal and

just society.

Arts and Humanities Colloquium Series - Dr. Gordon Hak: “BC’s 1983 Solidarity Movement 30 Years on: Something for the Left to Celebrate or Best Forgotten?”

The Director delivered the welcome speech at the November 22, 2013, Arts and Humanities

Colloquium. The Colloquium presentations aim to engender conversations about ideas among

members of the Arts and Humanities Faculty and their communities both at VIU and in the

Central Vancouver Island Region. Presenters proudly share their scholarly and creative work

and highlight the importance of the arts and humanities to understanding today’s world.


Leadership Vancouver Island – Inclusive Leadership & Valuing Diversity

On December 13, 2013, the Director presented a workshop and facilitated discussions at the

Leadership Vancouver Island (“LVI”) event on the topic of diversity. The Leadership Day

curriculum included activities to create an understanding of dimensions of diversity, familiarize

young leaders with diversity issues and challenges, develop effective inclusion strategies, and

create an awareness of organizations involved in promoting inclusion and respect for all people

in the community. LVI is a leadership program coordinated and run by the Leadership Society of

Vancouver Island with the view of Fostering Leadership Development, Raising Community

Awareness, and Building Innovative Communities.

Central Vancouver Island Multicultural Society, Job Options BC – Mature Worker Program

The Director was invited to provide a presentation on Diversity in the Workplace on

December 18, 2013, to participants of the Job Options BC Mature Worker Program, an

employment and skills training program, at the Central Vancouver Island Multicultural Society.

International Day for the Elimination of Racial Discrimination

On March 21, 2014, Katrin Roth von Szepesbela, Director for Human Rights and Respectful

Workplace, joined Hilde Schlosar, Executive Director at the Central Vancouver Island

Multicultural Society; His Worship John Ruttan, Mayor of Nanaimo; Lindsay Marsh, National Safe

Harbour Program Coordinator, and distinguished community leaders in the renewal of our

community’s commitment to the Elimination of Racial Discrimination as we observed and

witnessed the proclamation of the International Day for the Elimination of Racial Discrimination.


This day is observed annually. On that day, in 1960, police opened fire and killed 69 people at a

peaceful demonstration against the apartheid "pass laws" in Sharpeville, South Africa. These

laws forced slaves at the Cape to carry passes to make it easier for their owners and the local

authorities to control their movements. The United Nations General Assembly proclaimed the

Day in 1966 and called on the international community to redouble its efforts to eliminate all

forms of racial discrimination.

Vancouver Island University has been a party to the Memorandum of Understanding to create

The Diversity Partnership: A Community in Action since 2010. As a partner, VIU solemnized its

commitment to envisioning a community that is welcoming and inclusive where respect and

diversity are celebrated. VIU and CVIMS continue to work closely together toward bringing this

vision to life.

The CVIMS's diversity program promotes the importance of valuing differences by developing

and presenting community initiatives. For more information on the CVIMS, please see

http://www.cvims.org/.

Vancouver Island University is one of 1,000 Safe Harbour-certified locations in BC and proudly

displays the SAFE HARBOUR logo in a number of campus locations. By displaying the logo, VIU

pledges:

- Equitable treatment for all;

- Providing a safe place for those targeted by racism and hate, and

- Having employees and workplaces ready to fulfill these commitments.

For more information on the SAFE HARBOUR program, please see http://safeharbour.ca/.

North Island College – Preventing and Addressing Workplace Harassment Workshop

The Director was invited to present to employees at North Island College on May 23, 2014, on

the topic of Preventing and Addressing Workplace Harassment.

http://www.cvims.org/

http://safeharbour.ca/


LOCUS OF EXPERTISE AND RESOURCE LIBRARY The Director is committed to staying informed and maintaining currency on, inter alia, relevant human

rights, employment law, labour law, administrative law, and constitutional law developments as well as

adjudication, investigation, conflict management and dispute resolution procedures and practices. In an

effort to fulfil this commitment, the Director attended the following:

Akasha House - Non-Violent Communication Workshop 2013;

Canadian Mental Health Association's annual National Bottom Line Conference 2014, and

Lancaster House - 2014 Human Rights and Accommodation Conference

Additionally, the HRRWO continues to build its resource library to benefit all members of the University

community.

PREVENTION: EDUCATION AND TRAINING INITIATIVES Education and training are essential tools to effect changes in campus climate. A good harassment

prevention and response program requires that organizational leaders with responsibility for preventing

harassment and for intervening at early stages are aware of their responsibilities, are clear on

organizational protocols to follow, and have the necessary tools and knowledge to effectively intervene.

Thus, a new 3 ½ hour workshop was introduced in the spring of 2012 as mandatory training for

members of administration as well as department chairs, coordinators, supervisors and lead hands. The

mandated workshop audience attendance requirement was subsequently expanded to include all

University employees in order to comply with statutory training obligations.

The HRRWO aims to build capacity in the institution to manage human rights, equity and bullying and

harassment issues on its own. In furtherance of this goal, the HRRWO offered 51 educational events,

such as standard and customized workshops, presentations, and lectures, on the Nanaimo, Cowichan,

and Powell River campuses to 784 students and 527 University employees. Examples of this work

include workshops on the following topics:

Preventing and Addressing Workplace Harassment

Rights and Responsibilities (Human Rights)

Cross-Cultural Conflict

Conflict Styles (Thomas-Kilmann Conflict Mode Instrument)

Conflict Communication Skills: What Do I Say and How Do I Say It?, and

Working Across Diversity.


The HRRWO will seek to rely on the investment in those employees and students trained to train others,

help change the culture, build awareness, and provide insight into human rights and equity issues as

well as bullying and harassment matters. The HRRWO will continue to act on strategic opportunities

and meet legislative requirements to train members of the University community. Additionally, the

HRRWO will continue to respond to requests for customized training to the extent possible.

Positive Space Campaign

The HRRWO supports the efforts of the Positive Space Alliance at the University. The Director would like

to acknowledge and extend her sincere appreciation to the HRRWO’s Positive Space Work-op Student,

Elizabeth Little, who reviewed the Positive Space Alliance website and provided the Alliance with

recommendations for updates to the language and LGBT terms. Additionally, Elizabeth organized the

Queer Straight Alliance/Positive Space Alliance 2014 Masquerade Ball.

COMPLAINTS AND RECOURSE: CONSULTATION AND CASE DATA In the 2013-2014 Reporting Period, the HRRWO recorded 191 consultations relating to concerns of

University community members and handled 68 case files involving issues related to discrimination,

bullying or harassment.

Consultations included providing guidance to managers who are dealing with human rights, bullying and harassment issues; assistance to people who thought that they were targets of discrimination, bullying or harassment, as well as third parties, i.e., witnesses to incidents of discrimination, bullying or harassment, including University faculty, administrators, staff, and union representatives.

The data recorded and reported does not include concerns that were not brought to the attention of the

HRRWO, but that were addressed or managed within faculties or service departments without the

assistance of the HRRWO.

The increased number of consultations and case files is evidence that the increasingly proactive work of

the HRRWO bears fruit. The demand for services offered by the HRRWO demonstrates better

awareness among University community members of their rights and responsibilities relating to human

rights and respectful workplace matters. As proactivity is key, the fact that managers seek guidance

early, rather than when an issue has already escalated, promises success in the University’s efforts to

foster a welcoming and inclusive campus climate.

Moreover, the legislatively mandated training to prevent and address bullying and harassment is a

significant contributing factor to the high traffic at the HRRWO.


2013-2014 Reporting Period Data

Type of File

Case Files 68

General Inquiries 63

Management Inquiries 54

Systemic Matters* 6

TOTAL 191

*Relates to institutional policies, procedures, or practices

ALLEGED GROUNDS OF COMPLAINTS More than one half of the concerns reported to the HRRWO related to bullying and harassment. Once

again, this shows an increased awareness within the University community, although further

clarification on what comments and conduct actually may fit within the open-ended definition of

bullying and harassment is needed. As the relevant law in British Columbia is very recent, case law

interpreting the pertinent legislative and policy provisions and offering clarification will continue to

develop over the next few years. In the interim, the University’s focus needs to remain on informal and

conciliatory dispute resolution procedures, as these empower parties to a dispute to manage conflict in

a mutually satisfactory manner and tend to bring about long lasting improvements in working

relationships.

It is noteworthy that even informal matters require extensive HRRWO involvement. For most of these

matters, the time spent in preliminary investigation, mediation, facilitation, conciliation, referrals,

meetings, interviews and administration exceeds 40 hours per file.

In the area of discrimination, race/colour/ancestry/place of origin led the categories of protected

grounds in which concerns arose.

36%

33%

28%

3%

Type of File

Case Files

General Inquiries

Management Inquiries

Systemic Matters*



Alleged Grounds of Complaints 2013-2014

Discrimination

Race/Colour/Ancestry/Place of Origin 10

Religion 2

Age 2

Physical Disability 4

Mental Disability 1

Sex/Gender 7

Sexual Orientation 0

Harassment Sexual Harassment 11

Personal Harassment/ Bullying 35

Interpersonal Conflict Interpersonal Conflict 12

TOTAL 84

Note: Some complaints had multiple grounds which accounts for the discrepancy between the categories of complaints (84) and the number of files (68).

Race/Colour/Ancestry/ Place of Origin

11.90%

Religion 2.38%

Age 2.38%

Physical Disability 4.76%

Mental Disability 1.19%

Sex/Gender 8.33%

Sexual Harassment 13.10%

Personal Harassment/ Bullying 41.67%

Interpersonal Conflict 14.29%

Alleged Grounds of Complaints


CASE RESOLUTIONS The HRRWO once again experienced a high demand for third-party interventions. While the HRRWO

strongly advocates for negotiated outcomes and is pleased to assist parties to a dispute in their

dialogues, this rate and level of intervention cannot be sustained by the HRRWO with the present level

of staffing and resources. Further education and skills training of University faculty, administration and

staff in assertive communication, conflict management and dispute resolution is essential.


Case Resolutions 2013-2014

Confidential Consultation Only 17

Assisted Dispute Resolution 41

Investigation - Complaint Denied 0

Investigation - Advisory Opinion 1

Investigation - Settlement 0

Investigation - Adjudication 2

Outside Jurisdiction of HRRWO 3

Referred to Other University Department 15

Action Requested of Other University Department 1

Complaint Discontinued 2

Unresolved 0

Ongoing 3

Other (Mediator Hired) 1

TOTAL 86

Note: Some files had more than one issue that resulted in more than one resolution per file, which accounts for the discrepancy between the number of resolutions (86) and the number of files (68).

Confidential Consultation Only

20%

Assisted Dispute Resolution

48%

Investigation - Advisory Opinion

1%

Investigation - Adjudication

2%

Outside Jurisdiction of HRRWO

4%

Referred to Other

University Depart. 17%

Action Requested of Other University

Department 1%

Complaint Discontinued 2%

Ongoing 4%

Other (Mediator Hired) 1%

Case Resolutions


CROSS-TABULATION OF COMPLAINANTS BY RESPONDENTS The table below illustrates the data regarding who is making complaints about whom and is categorized

by constituency group. For example, in the row titled “CUPE”, there were 6 CUPE complaints about

other CUPE members, 1 about a VIUFA member, 5 about Administration, and 1 complaint about the

category “Other”.


Categories of Respondents

TOTAL Complainants CUPE BCGEU VIUFA Admin Student Other

Cat

ego

rie

s o

f C

om

pla

inan

ts CUPE 6 0 1 5 0 1 13

BCGEU 1 0 0 1 1 0 3

VIUFA 0 0 3 1 2 4 10

Admin 0 1 3 1 1 1 7

Student 1 3 11 5 6 5 31

Other 0 0 1 0 0 3 4

TOTAL Respondents 8 4 19 13 10 14 68

Note: “Other” includes external parties.


CONCLUDING REMARKS The work of the HRRWO is part of maintaining good working relationships with and among all University

Stakeholders. These relationships are critical to the well-being of the University community and the

University.

The HRRWO provides leadership and strategic direction on the relevant laws and policies to the

University. The implementation of legal and policy requirements is a responsibility that is shared by the

whole University community.

Management can model and integrate appropriate communications, conflict management and dispute

resolution procedures within their departments. Employees might utilize a direct approach and intra-

departmental or faculty resolution options before seeking third-party intervention by the HRRWO.

The HRRWO continues its evolutionary journey as it increasingly takes on systemic challenges, i.e.,

concerns regarding University policies, procedures or practices that may have an adverse effect on

traditionally marginalized groups or that may contravene established rules of procedural fairness such as

to invite allegations of bullying/harassment by supervisors. Education about the HRRWO’s extended

role and jurisdiction, which includes ensuring compliance of University policies, procedures, or practices

with human rights and equity laws, continues to be vital. The HRRWO’s increased visibility,

independence from day-to-day management and clarified mandate relating to the University

community Office is essential and greatly assists the HRRWO with the fulfillment of its expanded

mandate.

Over the course of the next year, the HRRWO will aim to commence a review and update of the policies

and procedures administered by the HRRWO as part of our continual efforts to re-examine how we can

best serve the diverse University community.

We welcome your feedback and ideas for providing effective leadership toward our goals of embracing

our differences, mutual respect and equity.

For more information about the role and activities of the HRRWO please contact Michelle Champagne,

Administrative Coordinator at 250-740-6440 or via email at [email protected] or

Katrin Roth von Szepesbéla, Director at 250-740-6430 or via email: [email protected].

Please visit our website at http://www.viu.ca/humanrights/.

mailto:[email protected]

mailto:[email protected]

http://www.viu.ca/humanrights/

Documents

Dr. Ralph Nilson · Dr. Ralph Nilson President and Vice-Chancellor Vancouver Island University 900 Fifth Street Nanaimo, BC V9R 5S5 Dear Dr. Nilson: I am pleased to present to you