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Discrimination and Harassment Committee Training

2011

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Why are we here? NSCC is committed to ensuring a safe and

respectful working and learning environment for all of its employees and students.

To help fulfill that commitment we need to educate and put the word out to our employees and students that we are here to support and help foster that working and learning environment.

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What is your role as Chair of the

Committee?

Publicize the names and contact information for each of its members;

Coordinate the scheduling of campus workshops; Keep Employee Relations advised of ongoing complaints

when necessary.

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What is your role as a Committee member?

1. To play a key educational role in increasing awareness about harassment and discrimination through workshops to employees and students;

2. Be the first point of contact for D & H complaints.

3. Have an understanding of complaint procedures and your role in them as a member of the Committee.

nsccWhat is your role as a Committee member cont’d?

4. Pay attention to workplace or classroom behaviour. A person may not always come forward to say they are being harassed or discriminated against.

5. Take prompt and effective action.

6. Document the final step of each complaint and forward to Employee Relations.

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What do you do if someone approaches you with aD & H matter?

1. Set up a meeting in an area that allows for privacy;

2. Advise them that they can bring a support person (not a witness) who is there as an observer only;

3. Advise them that it is preferable if another Committee member attends the meeting to take notes;

4. Advise them that the matter will be kept as confidential as possible. …

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What do you do if someone approaches you with aD & H matter cont’d?

5. In the meeting, help them to be comfortable;

6. Ask them to tell you their concerns;

7. Ask questions but be mindful to listen as well.

8. Advise them not to retaliate as that puts them at risk as well.

9. Determine if complaint needs to be dealt with formally. Ex: is this a repeat offence, what is the severity of the conduct?

…

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10. Advise them of the consequences of abuse of process through frivolous, vexatious or mischievous complaints. This is a sensitive topic and can be broached as a matter of process.

*Note you do not have to bring the Committee together to deal with an issue. When approached, you should advise the Chair of the matter who will then keep Employee Relations advised when necessary.

…

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What do you do if someone approaches you with a D & H

matter cont’d?

11. Explore options for informal resolution if appropriate:1. Ask if complainant has spoken to respondent and asked them to stop.

If no, suggest complainant communicate concerns to respondent;

2. Ask if complainant is comfortable with you acting as a liaison between the two parties, working with them to resolve the matter.

*Remember to remain objective as you have not heard from the respondent yet. Ensure that the respondent has the same safeguards as the complainant, for ex: meeting in a private room, ability to have a support person etc.

3. Offer mediation and refer to Employee Relations. Both parties must consent to the mediation.

*If the matter is resolved through option 2 or 3 a statement of resolution should be prepared and signed by both parties.

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What do you do if someone approaches you with a

D & H matter cont’d?

12. Explore options for formal resolution if appropriate:

1. Have them fill out a formal complaint form. 2. Have them provide any supporting documentation (their own

notes, pictures, emails etc.) with the form. 3. Advise them that the matter will now be referred to Employee

Relations (give them ER business card);4. Advise them that a formal complaint may involve an

investigation and a decision which may lead to disciplinary action against the respondent or against a person making a false accusation.

nsccWhat records do you keep?• Each time you are approached with a D & H issue the final step

must be documented. Ex:

• Signed statements of resolution should be forwarded to Employee Relations for filing. All other documentation, notes or otherwise, should be destroyed.

• In the event there is no signed statement of resolution or if the complainant decides to not pursue the matter (and is not a matter in which the College would legally have to pursue), this should also be documented and sent to Employee Relations. An email will suffice outlining what happened and the instructions given to the student or employee. All notes, reports or otherwise should be forwarded to Employee Relations where they will be kept on file.

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What if a student or employee approaches me

and there is a conflict of interest? Should there be a real, potential or apparent conflict of

interest with a complainant or respondent, the complainant will be referred to another committee member.

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Remember…

Our response to conflict can cause it to escalate or de-escalate;

We need to look at enhancing as opposed to harming relationships;

Employee Relations is here to help and support you in carrying out your mandate. If at any time you have any questions or require any support please don’t hesitate to contact us!

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Get the word out!

Students and employees need to know what discrimination

and harassment are, and what supports the College can

provide to assist in ending the discriminatory or harassing

behaviour, so…

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Questions I will answer for you today… What is discrimination? Harassment? Personal harassment? Sexual harassment? How do I prevent it? What do I do if it is happening to me?

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What we want you to take from today: Power from knowledge; An understanding of what is appropriate and

inappropriate behaviour in the workplace and classroom;

An increased awareness of how our behaviour impacts others; and

How the College can help if you feel you are being discriminated against or harassed.

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The key words to remember throughout this presentation are:

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Exercise:

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What is Discrimination?

If someone is openly biased against you or places restrictions on you because of your: Age - Physical or Mental disability Race - Ethnic or national origin Colour - Marital status

OR YOUR…

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or activity Irrational fear of contracting an illness or disease

OR

because you associate with anyone who possessesthose characteristics…

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If someone acts, behaves or demonstrates an attitude toward you that could negatively affect your employment or academic status because you possess any of those same characteristics…

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Examples: Denying someone a training opportunity because you

think they are too old and will be retiring soon; Being marked lower because of your sexual orientation; Being denied a promotion because of the colour of your

skin…

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What is Harassment? The College differentiates between three

different types of harassment: Harassment; Personal harassment; and Sexual harassment.

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Harassment is… Unwelcome comments or conduct directed toward

someone because of their, age, race, sex, etc. that: disparage; humiliate; offend; or embarrass

that person and which may affect that person’s

performance or mental or physical health.

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Examples: Inappropriate jokes or innuendos regarding

someone’s religion; Making unfounded criticisms of performance

because the person is disabled; Inappropriate questions or comments about

someone’s personal life because of their sexual orientation.

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What is Personal Harassment? Personal harassment is harassment that is not

based on age, sex, race, etc. and can include abuse of power:

For example: Excluding someone from meetings or discussions just

because you do not like them; Picking on someone because of their weight; Giving someone harder assignments because you do

not like them.

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What is Sexual Harassment? Conduct or repeated comments of a sexual nature that

are known or ought reasonably to be known as unwelcome.

In other words, a person doesn’t have to tell you it is unwelcome if any reasonable person would know that it would be unwelcome.

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Examples: Sexual comments on email or otherwise; Leering at a person’s body; Promising someone a reward if they participate in a

sexual act or threatening them if they do not comply.

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What is acceptable behaviour? The College does not prohibit normal social

relationships and interactions in the workplace or classroom;

The key word to remember is “unwelcome”! If the person does not welcome the conduct or comments then this crosses the line.

Even if someone didn’t mind the comments before, but it is now apparent that they find the comments unwelcome then this crosses the line.

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Discussion Points

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What can I do if I feel I am being harassed or

discriminated against? Talk to the person. Speak to them about the impact of their

behaviour on you and ask them to stop. Seek help from the College . Students can contact a

member of the D & H Committee, an Academic Chair or someone at the Centre for Student Success. Employees can contact a member of the D & H Committee, their supervisor, Employee Relations or their union representative if applicable.

*Bring forward the matter right away. The sooner the College hears about an issue the easier it is to deal with it.

nsccWhat happens if I file a complaint?

Informal Process The College recognizes the importance of a respectful working and

learning environment and if appropriate attempts will be made to resolve the matter through an informal process.

In the informal process you may: Tell the person or the group, by letter or in person to stop the

offending behaviour; and/or Ask a member of the Discrimination & Harassment Committee,

your Academic Chair or your Supervisor to discuss the matter with the individual or group involved; and or

Participate in a consensual mediation.

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Formal Process Where an informal resolution is not appropriate (for example

in a sexual assault or if it is a repeated offence), or if an informal resolution was not successful, a formal process may be initiated.

This would involve: Making a complaint; A potential investigation; A decision which may lead to disciplinary action or

depending on the severity dismissal from the College against the respondent or against someone who has made a false accusation.

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Grievance If you are an employee, you also have the ability

to file a grievance and follow the grievance and arbitration procedure under the collective agreement.

Human Rights You may also have the right to make a human

rights complaint depending on the circumstances.

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How can you help prevent discrimination and harassment? Be respectful to others; Be aware of your behaviour and its impact on

others around you; If the comments are inappropriate or offensive

they are not acceptable at NSCC period. Understand that what you think is funny, might

be offensive to someone else; Understand that “Stop” means “Stop”;

…

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Don’t just ignore it if others are acting this way, say something!;

Tell someone if their behaviour or conduct toward you is unwelcome;

If you aren’t sure if your behaviour is welcome, ask! Remember the three core tenets:

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Where can you get more information?1. Contact a member of the Campus

Harassment/Discrimination Committee:

(outline names and contact information of your Committee);

2. If you are not comfortable speaking to someone on campus contact Employee Relations.

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Key items to take away with you today: Each person in this room deserves a workplace

or classroom that they feel comfortable in and that fosters respect for one another;

The College takes these matters seriously so if you are being discriminated against or harassed please bring this forward as soon as possible so the College can assist in the resolution of the matter.

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Thoughts? Questions?