No. BOG-HR-01

Title:

Policy to Stem Violence, Discrimination, Harassment and the Abuse of Power

CLASSIFICATION:

BOARD OF GOVERNORS

FIRST ADOPTED:

June 9, 2008 – Board of Governors item 430.6.4

Preamble

This policy has been developed in light of the College’s Mission Statement, the Human

Resource Management Policy, the Quebec Charter of Human Rights and Freedoms (RSQ, ch.

C-12) and the Act Respecting Labour Standards (RSQ, ch. N-1.1). Dawson College recognizes

that all its employees and students are entitled to a respectful and harmonious work and/or

study environment free from violence, discrimination, all forms of harassment, and the abuse of

power, where respect of the individual’s dignity, physical and psychological integrity are

safeguarded. To this end, Dawson College will take all reasonable measures to prevent

incidents of violence, discrimination, harassment and the abuse of power, and, when informed

of such incidents whether informally or formally in writing, will intervene to address them.

Article 1

Objectives

1.01 While it is understood that it is impossible to guarantee the absence of violence,

discrimination, harassment or the abuse of power in any environment, this policy is

intended first, to promote understanding and prevention, and, second, to provide a

means of addressing these types of incidents should they occur.

1.02 To this end, the College will establish a committee to promote education and the

prevention of incidents of violence, discrimination, harassment and the abuse of power.

The College will also name resource people to act in the role of confidant to aid and

assist victims of violence, discrimination, harassment or the abuse of power.

Article 2

Scope

2.01 The provisions of this policy apply to all students, unionized and non-unionized

employees, management personnel, as well as the members of the Board of Governors

of Dawson College while in the performance of their work or studies, regardless of the

physical location in which they are called upon to complete said work or studies.

2.02 This policy incorporates and replaces the Sexual Harassment Policy adopted by the

Board of Governors in December 1990 and any amendments thereto.

2.03 This policy respects the principles outlined in the various collective agreements of

unionized personnel of the College as they relate to non-discrimination, sexual

Policy to stem Violence, Discrimination, Harassment and the Abuse of Power

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Policy to stem Violence, Discrimination, Harassment and the Abuse of Power

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harassment, psychological harassment, violence and access to equality. Actions of a

disciplinary nature resulting from a complaint lodged under this policy would be subject

to the disciplinary measures and grievance procedures established by the applicable

collective agreement, the Student Code of Conduct or the Policy for Management

Personnel.

Article 3

Definitions

3.01

Abuse of power

: Inappropriate and or illegitimate use of authority, as conferred by

hierarchical position, which takes the form of acts, threats, or insinuations which

compromise an employee’s ability to perform his/her work or a student’s ability to

complete his/her studies.

This includes, but is not limited to, bullying, the threat of

disciplinary or administrative measures without just or sufficient cause, and the removal

of work-related or other rights and privileges.

3.02

Discrimination:

Direct, indirect or systemic unfair treatment of a person or class of

persons in comparison to others because of race, colour, sex, pregnancy, sexual

orientation, civil status, age except as provided by law, religion, political convictions,

language, ethnic or national origin, social condition, a handicap or the use of any means

to palliate a handicap which deprives them of equal rights or privileges in the workplace

or place of study.

3.03

Discriminatory harassment

: Vexatious or contemptuous behaviour that manifests

itself by comments, actions or gestures related to race, colour, sex, pregnancy, sexual

orientation, civil status, age, religion, political convictions, language, ethnic or national

origin, social condition, a handicap or the use of any means to palliate a handicap that

are repetitive, hostile or unwanted. This behaviour affects the individual’s dignity,

psychological or physical integrity and leads to a harmful work or study environment for

this person.

3.04

Psychological harassment

: Vexatious behaviour that manifests itself by comments,

actions or gestures that are repetitive, hostile or unwanted. This behaviour affects the

individual’s dignity or psychological or physical integrity and leads to a harmful work or

study environment for this person.

3.05

Sexual harassment

: Vexatious behaviour that manifests itself by comments, actions or

gestures of a sexual nature that are repetitive, hostile or unwanted. This behaviour

affects the individual’s dignity or psychological or physical integrity and leads to a

harmful work or study environment for this person.

3.06

Violence:

Behaviour that manifests itself by, but is not limited to, incidents of abuse,

bullying, intimidation, and physical threats or assaults, including assaults against

physical property. This behaviour affects the individual’s dignity or psychological or

physical integrity and leads to a harmful work or study environment for this person.

3.07

Single Incident Harassment:

In the case of discriminatory, psychological or sexual

harassment, one serious incident of such behaviour may also constitute harassment if it

can be shown that this behaviour has produced a lasting harmful effect on the employee

and that it affected his/her dignity or his/her psychological or physical integrity.

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Policy to stem Violence, Discrimination, Harassment and the Abuse of Power

Article 4

Roles and Responsibilities

4.01 The Director of Administrative Services is responsible for the overall application of this

policy and is responsible for handling all complaints directed against an employee of the

College.

4.02 The Director of Student Services is responsible for the application of this policy in the

event that the complaint is directed against a student.

4.03 The Director of Administrative Services will provide the Committee with an annual report

including quantitative data concerning complaints and appeals lodged under the policy in

order to allow the Committee to better fulfill its mandate.

4.04 With respect to the application of this policy, the Human Resources Department will

provide any training or required assistance to those who manage or supervise

employees, as well as to members of the Committee established by the policy and to

employees named by the College to act as confidants. To this end, the Human

Resources Department will oversee the development of policies, procedures and

resources required for the implementation of this policy.

4.05 All managers are responsible, within their departments or services, for the application of

this policy and all related policies and procedures.

4.06 Employees and students are responsible for conducting themselves in a manner that is

respectful of others and thereby contributes to an environment free of violence,

discrimination, harassment and the abuse of power.

4.07 The Dawson Management Association, the Dawson Teachers Union, the Association of

Dawson Professionals, the Dawson Support Staff Union and the Dawson Student Union

are responsible for working with College management to prevent incidents of violence,

discrimination, harassment and the abuse of power.

4.08 The Committee to Stem Violence, Discrimination, Harassment and the Abuse of Power

is responsible for publicizing this policy, providing active education for the community

and making recommendations, when and if necessary, on changes to this policy as well

as to related policies and to existing practices. At no time do members of the Committee

play an active role in the investigation and decision-making process related to

complaints filed under this policy, unless, they are serving in the role of a confidant.

4.09 The Committee is composed of the following:

•

The Director of Administrative Services, or, a person delegated by the Director;

•

The Director of Student Services, or, a person delegated by the Director;

•

One member appointed by the Dawson Teachers Union (DTU);

•

One member appointed by the Association of Dawson Professionals (ADP);

•

One member appointed by the Dawson Support Staff Union (DSSU);

•

One member appointed by the Dawson Student Union(DSU);

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Policy to stem Violence, Discrimination, Harassment and the Abuse of Power

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on Management Association;

Senate;

•

The College’s student activities counsellor for health services (nurse).

rticle 5

Principles of an Intervention

5.01

ho, in good faith, requests an intervention will not be subject to

penalties of any kind.

5.02

his/her functions during normal working hours, to assist in the pursuit of the complaint.

5.03

ion (RSQ, ch. A-2.1). This documentation will be kept separate from

the personnel files.

rticle 6

Procedure for Resolving a Complaint

ser, then the

complainant should immediately proceed to the next step in the procedure.

ative Services, the procedure for handling the

complaint will fall to the Director General.

•

One member appointed by the Daws

•

One member appointed by

•

A college ombudsperson;

A

Dawson College will conduct all interventions thoroughly with diligence, impartiality and

integrity. All parties involved will be treated with respect and fairness. Dawson College

ensures that anyone w

Anyone filing a complaint or being accused under this policy has the right to be assisted

and advised by a resource person of his/her choice to act as confidant. Upon request,

the College will name a confidant from a list of employees who have received

appropriate training to assist either the complainant or the accused. To facilitate the

process, Dawson College will, when possible, extend to this confidant release from

All inquiries to the Director of Administrative Services or to the Director of Student

Services will be treated in confidence. All interventions will be handled discreetly with

concerned parties being reminded of their obligations with respect to confidentiality.

The College will ensure that all documentation collected or filed during the intervention is

handled in accordance with the Act Respecting Access to Information and the Protection

of Personal Informat

A

6.01 Whenever possible, students and employees are encouraged to attempt to resolve

conflicts directly. However, in the event that the complainant is uncomfortable with the

idea of addressing his/her complaint with a person they allege to be a haras

6.02 Should direct resolution fail or when it is inappropriate, the matter should be brought to

the attention of the immediate supervisor of the person alleged to have committed the

violence, discrimination, harassment or abuse of power.

Should the immediate

supervisor’s intervention not resolve the matter, or, if the complaint is directed against

the immediate supervisor, then the complainant, or a confidant acting on his/her behalf,

must contact the Director of Administrative Services. In the event that the complaint

directly involves the Director of Administr

6.03 Failing a resolution in cases where a student is alleged to have committed violence,

discrimination, harassment or the abuse of power, the complaint must be referred to the

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Policy to stem Violence, Discrimination, Harassment and the Abuse of Power

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complaint being

•

A less formal approach be undertaken to resolve the situation; or,

.05 If the individual making the complaint decides to file a formal complaint, the Director will

complainant with the two means of intervention available to resolve the

situation: mediation or investigation.

6.06

event that mediation is the preferred option, the Director will name a mediator. The

6.07

.

The mediator will not impose his/her point of view or that of either of the parties to the

6.08

omes clear that the parties are interested in seeking an amicable

resolution to the complaint. However, in the event that this option is exercised after the

gation, no one actively involved in the investigation may assume

the role of mediator.

6.09

Whenever

possible, the investigation committee will have both male and female representation.

6.10

estigation is required, the duration of this process should not exceed ninety

(90) days. In the event that the investigation committee required more time to complete

Director of Student Services. It is recommended that students first meet with a College

ombudsperson.

6.04 No later than five (5) working days after hearing the nature of the

presented, The Director will either recommend that:

•

The employee or the student file a formal written complaint requesting the College’s

intervention.

6

present the

Mediation

Mediation is a simple, effective and rapid conflict resolution method that brings together

only those persons concerned by the situation. Mediation seeks to put an end to the

alleged harassment or abuse of power by finding, with the help of an impartial third

party, mutually acceptable solutions for the people concerned. In order for mediation to

succeed, participation in the process must take place in a context of good faith. In the

Director may choose to select an internal or an external resource person to act as the

mediator for the case. The selection of the mediator must be agreed to by both parties.

The mediator’s responsibility will be to provide a forum for discussion in a neutral setting

process. The mediator will also ensure that the parties have given their free and

enlightened consent to any potential settlement that may be reached between them.

Mediation may be offered or requested at any point before, during or after an

investigation if it bec

initiation of an investi

Investigation

When mediation is not an option or has not succeeded in resolving the situation, the

College is required to investigate the complaint. In this event, the Director will form an

investigation committee and designate two other managers, not involved in the incidents

that led to the complaint, to assist in the investigation of the complaint.

Exceptionally, when deemed necessary by the investigation committee, it may choose to

select an external resource person to assist in conducting the investigation.

When an inv

the process, an explanation detailing the reasons for the delays will be included in the

final report.

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6.11

essing the testimony of all parties and the facts

provided, the investigation committee will analyze the complaint to determine if a

6.12

e exclusive property of the

College, the conclusions of the investigation will be communicated in writing to both the

6.13

the

Academic Dean that the student be granted a course, or program withdrawal

notwithstanding normal deadlines if the student so chooses. The Academic Dean will

and advise the student and the Director of the decision.

.01 Decisions are subject to appeal only on the grounds that the decision reached was

.02 Appeals must be submitted in writing within ten (10) working days of receiving the

e Director General.

vestigation, the

College will name a neutral third party to hear the appeal.

7.06 A successful appeal will result in a new investigation into the complaint.

The investigation committee will meet with the complainant, the person being accused

and any witnesses to the alleged harassment. In all cases of investigation, the person

being accused has the right to know the allegations against him/her and to provide

his/her version of the facts. In ass

“reasonable person” in a similar situation as the complainant would also conclude that

the cited behaviour was vexatious.

Upon completing the investigation, the investigation committee will prepare a confidential

written report detailing the nature of the investigation and conclusions reached. The

Director will then take appropriate measures, in conformity with the appropriate

provisions of the applicable collective agreement, the Institutional Student Evaluation

Policy, the Student Code of Conduct, or the Policy for Management Personnel, to

address the situation as required. While the report remains th

complainant and to the person against whom the complaint was filed. Barring a request

for an appeal, the College will consider the matter as closed.

In the case of complaint by a student, the Director may also recommend to

study the recommendation

Article 7

Appeals Process

7

arbitrary or discriminatory, or, if the procedures outlined herein for the handling of the

complaint were not respected.

7

conclusions of the investigation and must include the specific reasons justifying the

appeal.

7.03 In cases where the complaint is lodged against an employee of the College, appeals

must be submitted to th

7.04 In cases where a complaint is lodged against a student, appeals must be submitted to

the Academic Dean.

7.05

In the event that the Director General was directly involved in the in

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Policy to stem Violence, Discrimination, Harassment and the Abuse of Power

Article 8

Prevention and Support Measures

8.01 The College will communicate this policy to its employees and students; ensure that all

members of the Dawson community are aware of their responsibilities under this policy;

and make it clear to all that the College does not tolerate violence, discrimination,

harassment or the abuse of power.

8.02 Employees implicated in an intervention related to violence, discrimination, harassment

or the abuse of power, be they presumed victim, presumed harasser, or witness to the

events, are encouraged to make use of the free and confidential professional services

available to them via the College’s Employee Assistance Program.

8.03 Students seeking support as a result of this process can consult the professional

counselling services provided free of charge through Student Services.

8.04 The College will take all reasonable measures to assist victims, as well as those

accused of violence, discrimination, harassment or the abuse of power, to re-establish

their physical or psychological integrity and reintegrate them to the workplace or to their

studies.

8.05 The College will not tolerate any forms of retaliation on the part of anyone involved in a

complaint filed under this policy.

8.06 The College will take appropriate disciplinary measures against anyone found to have

intentionally lodged a false or frivolous complaint under this policy

.

Article 9

Evaluation and Revision

9.01 The Committee to Stem Violence, Discrimination, Harassment and the Abuse of Power

will evaluate this policy periodically and make recommendations for revisions as

appropriate.