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4.3 Recommended Informal Action
4.3.1.2 Management/Supervisory Responsibilities
5.3 Other Avenues of Complaint 5.4 Complaints with the Ontario Human Rights Commission 5.5 Grievances of Discrimination or Harassment 5.13 Completion of Investigation/Mediation 5.16 Findings and Recommendations THE EXECUTIVE DIRECTOR OR BOARD MEMBERS 6.3 Authority and Duties of the Investigator 6.4 Interim Report and Discontinuance of Complaint 6.6 Investigator's Final Report COMMUNITY MEMBERS AND SERVICE RECIPIENTS 7.3 Formal Complaint and Investigation 7.6 Commenting on the Investigation Report
Passed by the Board of Management on May 1, 2000, replacing the previous policy which had been in place since November 1994.
Under the Ontario Human Rights Code, every person has a right to equal
treatment by the City of Toronto and its agency, The 519 Community Centre,
with respect to services and facilities, accommodation, contracts and
employment. In continuing to recognize the dignity and worth of each
person, The 519 has adopted this policy to ensure ethical and respectful
service and employment practices which incorporate equitable treatment
for all employees, volunteers, members and users of services.
The goal of this policy is the creation of a climate of understanding
and mutual respect where each person feels a part of the community and
is able to contribute fully to The 519's development and well-being.
The 519 will not tolerate, ignore, or condone any form of discrimination
or harassment. All employees are responsible for respecting the dignity
and rights of their co-workers and the public they serve. Discrimination
and harassment are serious forms of employee misconduct which may result
in disciplinary action up to and including discharge.
Members of the public, employees, volunteers (including board members),
visitors to The 519, program participants or individuals conducting
business with The 519, are expected to adhere to this policy, including
refraining from harassment of employees, volunteers, program participants
and persons acting on The 519's behalf. If such harassment occurs, The
519 will take any steps available to ensure a harassment-free workplace,
including barring the harasser from its facilities where appropriate,
or discontinuing business with contractors or consultants. Nothing in this policy can be considered to override or affect the collective agreement, the Criminal Code, or the Ontario Human Rights Code. This policy statement is intended to apply to individuals and does not in any way supervene the Space Use Policy.
The management retains the right of The 519 to remove persons from the
premises under the Trespass to Property Act. Every person has a right to equal treatment with respect to The 519 services and facilities, without discrimination or harassment because of race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sex, sexual orientation, gender identity, age, marital status, family status, income level, receipt of public assistance, political affiliation, disability or level of literacy.
Every person having legal capacity has a right to contract on equal
terms without discrimination because of race, ancestry, place of origin,
colour, ethnic origin, citizenship, creed, sex, sexual orientation,
gender identity, age, marital status, family status, political affiliation,
disability or level of literacy.
Every person has a right to equal treatment with respect to employment
with The 519 without discrimination because of race, ancestry, place
of origin, colour, ethnic origin, citizenship, creed, sex, sexual orientation,
gender identity, age, record of offenses, marital status, family status,
disability, level of literacy, political affiliation, membership in
a union or staff association, or any other personal characteristic.
Equal treatment is treatment that brings about an equality of results
and that may, in some instances, require different treatment. For example,
to give all employees equal treatment in entering a building, it may
be necessary to provide a ramp for an employee who uses a wheelchair.
Discrimination is any practice or behaviour, whether intentional or
not, which has a negative effect on an individual or group because of
personal characteristics or circumstances unrelated to the person's
abilities or the employment or service issue in question (e.g., disability,
sex, race, sexual orientation). Discrimination may arise as a result
of direct differential treatment or it may result from the unequal effect
of treating individuals and groups in the same way. Either way, if the
effect of the behaviour on the individual is to withhold or limit full,
equal and meaningful access to goods, services, facilities, employment,
housing accommodation, or contracts available to other members of society,
it is discrimination.
Harassment means improper comment or conduct that a person knows or
ought to know would be unwelcome, offensive, embarrassing or hurtful.
Examples of harassment include, but are not limited to: derogatory remarks;
threats; inappropriate jokes, innuendos and teasing; insulting gestures;
practical jokes which result in embarrassment; displaying pin-ups, pornography,
or other offensive materials; actions that invade privacy; spreading
rumours that damage one's reputation; refusing to work with; condescending
or patronizing behaviour; abuse of authority; unwelcome touching; physical
assault; or sexual assault.
The workplace includes all locations where The 519 business or social
activities are conducted. Workplace harassment can also include incidents
that happen away from work (e.g., inappropriate phone calls or visits
to an employee's home) or harassment from clients and service recipients.
For the purpose of this policy, the term employee includes staff, appointees,
volunteers, board members, student and other placements, contractors
and consultants working with The 519. Any person on the premises is
expected to adhere to this policy.
The Human Rights Office is an office established by the City of Toronto,
reporting to the City's Executive Director of Human Resources, to implement
the provisions of the City's Human Rights and Harassment Policy. The
519 recognizes that not every incident in which harassment may have
occurred is deliberate and that people make mistakes. In light of the
fact that many incidents derive from misunderstandings, it is often
useful to seek an informal resolution. Such a resolution can offer an
occasion for learning.
This procedure is intended as an alternate dispute resolution process.
All employees are encouraged to attempt to resolve matters themselves
before filing a complaint or grievance. If employees feel they have
been harassed or discriminated against, or if they have witnessed harassment
or discrimination, they are encouraged to raise the matter and explain
their concerns to the co-worker or manager who is the source of their
concern. When presented with such a concern, all employees and managers
are expected to make reasonable adjustments to their behaviour to resolve
the matter.
Employees can seek advice and assistance from their supervisor or The
519's Executive Director, their union or the City's Human Rights Office.
All information provided to the Human Rights Office will remain strictly
confidential. The employee's department will only be contacted with
the employee's express consent. The Office can help employees solve
the problem themselves or consult with The 519 in order to resolve the
matter without a formal complaint. 4.3. Recommended Informal Action
The following suggestions are intended for employees who have been harassed
or who have witnessed harassment and wish to attempt to resolve the
problem themselves. These suggestions are not preconditions for filing
a formal complaint. Tell
harasser to stop. If possible, the employee should tell the harasser
that the behaviour is offensive and against this policy. Keep
a record. The employee should make a note about the incident, including
when it happened, and who was present. Clearly stating the objection
in a letter or memo to the harasser can be a good record of events.
Support. The employee has the right to have a support person present during a discussion with the supervisor or the harasser, both to help the employee, and to provide a witness if needed for a formal complaint.
Tell
supervisor. In some situations objecting may be difficult or objections
may be ignored. Employees should then bring any concerns to their supervisor
or the harasser's supervisor (if their own supervisor is the harasser).
The incident and its effects should be explained to the supervisor.
A plan of action should be agreed upon and a follow-up meeting scheduled.
4.3.1.2. Should a practice, policy or action of management result in discrimination, employees have a responsibility to the centre and their co-workers to report the situation to their supervisor and/or to the Board so that it may be corrected.
Management/Supervisory Responsibilities:
Managers and supervisors are responsible for providing a workplace free
from discrimination and harassment and for intervening when these problems
occur. They will be held responsible for their own actions and for dealing
with the actions of their staff.
The following is a list of measures and informal actions which can often
prevent or resolve problem situations without a formal complaint and
investigation: Set
a good example. Supervisors should let their staff know that they
take the issue of workplace human rights seriously by supporting this
policy and not participating in or ignoring discrimination and harassment.
Approach
employees if something is suspected. Employees may be embarrassed
and reluctant to approach their manager or supervisor. Symptoms of harassment
or discrimination may include: reduced productivity, changes in behaviour,
rumours, increased sick leave, increased resignations, or sudden changes
in performance evaluations. Once an employee is aware that these changes
have been noticed, he or she may be more willing to discuss the problem.
Seek
advice. If it is not clear that the employee's problem involves
discrimination or harassment, discuss the matter with either the Executive
Director. A formal complaint may be needed if the complaint involves:
several incidents of harassment over a long period of time, situations
which may not be easily corrected, or behaviour which may require discipline.
Discuss
the situation with the alleged harasser. She or he may be unaware
that their behaviour is offensive. Even if the allegations are denied,
the discussion should be treated as a warning that inappropriate workplace
behaviour will not be tolerated. Advise
the relevant manager. Staff should advise the Programme Manager
of all relevant issues and their suspicions. This will help the organization's
awareness of patterns that might occur in more than one program area.
Bring
in the relevant manager. If staff members are unsure whether their
intervention would be effective, or if it has been ineffective, they
should ask the relevant manager to intervene. The relevant manager will
maintain notes of all such interventions. If informal attempts at resolving the problem are not appropriate or prove ineffective, a formal complaint may be necessary. Anonymous complaints will not be accepted. Formal complaints must be in writing and signed by the complainant. All formal complaints will be referred to the Executive Director for mediation and/or investigation. The Human Rights Office may be available for some initial advice, but is not able to handle a complaint and a possible investigation.
Complaints about a contravention of the policy will be accepted from
any sources that provides reasonable grounds to initiate an investigation
(i.e., involved person or group, witnesses, other third parties). 5.3. Other Avenues of Complaint
Employees have a legal right to pursue a human rights concern under
a variety of complaint avenues: a grievance under collective agreement,
a complaint with the Ontario Human Rights Commission, Ontario Labour
Relations Board, or a criminal complaint with the police if appropriate.
Complaints under this policy will be held in abeyance if a grievance
has been filed under a Collective Agreement, Human Rights Code, or other
avenue regarding the same events. 5.4. Complaints with the Ontario Human Rights Commission
Official complaints filed with the Ontario Human Rights Commission will
be referred to the City Solicitor, the Human Rights Office and The 519's
Executive Director for joint review, mediation or investigation. 5.5. Grievances of Discrimination or Harassment
The Employee and Labour Relations Office will inform The 519's Executive
Director of grievances regarding discrimination or harassment filed
under the collective agreement.
This policy strictly prohibits any retaliation against an individual
for pursuing their rights under this policy, initiating a complaint,
participating as a witness in an investigation, or having been associated
with a complainant or witness.
The time limit for the filing of complaints under the policy is 6 months
from the time of the alleged discrimination or harassment. Exceptions
may be made in extenuating circumstances.
The 519 has the choice of handling a complaint internally or requesting
outside consultation to deal with the matter on the centre's behalf.
The 519 may also refuse to investigate, or may discontinue an investigation,
where: an adequate remedy already exists; the complaint is frivolous,
vexatious or not made in good faith; or, having regard to all the circumstances,
further investigation of the matter is unnecessary.
The 519's Executive Director will notify the Chairperson and relevant
manager of a formal complaint as soon as it is received. Individual
respondents to a complaint will be notified as soon as practicable during
the mediation/investigation process. 5.11. Settlement and Mediation
Depending upon the circumstances, it is often possible to resolve a
complaint without an extensive investigation. The 519 may attempt to
mediate a settlement of a complaint at any point during an investigation.
All settlement discussions will be held on a 'without prejudice' basis.
Any settlement would have to be satisfactory to both parties and be
consistent with this policy. Parties will be required to sign Minutes
of Settlement.
Investigations will be conducted by The 519's Executive Director or
an outside consultant. Investigations will include a comprehensive and
impartial review of all relevant information, including the position
of the respondent(s) and witness interviews. The investigator has the
authority to speak with anyone, examine any documents, and enter any
work locations which are relevant to the complaint. 5.13. Completion of Investigation/Mediation
Proceedings under the policy will be completed within 6 months of receipt
of a formal complaint.
Parties to a complaint have the right to a representative of their choice
during meetings regarding a complaint under the policy. However as this
complaints procedure is a mechanism for alternative dispute resolution,
a mediation or investigation may be terminated if either party to the
complaint retains legal counsel during the mediation or investigation.
At the conclusion of an investigation, the investigator's findings and
conclusions will be shared with The 519's Executive Director, the complainant,
individual respondent and relevant manager. These parties will also
be given an opportunity to submit comments before a final decision is
made. 5.16. Findings and Recommendations
Once the investigation is complete, the investigator will prepare a
written report summarizing investigation findings and recommending corrective
action if necessary.
Recommendations regarding the disposition of a complaint will be made
by the Executive Director to the Personnel Committee. All final decisions
will be communicated in writing to the parties. In some circumstances, the complainant or respondent should be separated from each other or from the workplace during the investigation. With agreement from the investigator, the complainant can request a paid leave from work, alternate duties or an alternate location until the complaint has been resolved. Alternatively, the respondent might be assigned alternate duties or an alternate location or a paid leave. In either situation, other relevant staff must be informed of the change.
Both parties should be consulted on this decision. It is important that
the complainant does not feel further victimized and that the respondent
does not feel prejudged.
All persons involved with a complaint must ensure the matter remains
confidential. However, given the size of the organization, complainants
should accept that other staff, clients and volunteers may realize there
is a problem and its nature.
In accordance with Freedom of Information and Privacy legislation, the
investigator will only release information on a need-to-know basis.
Whenever possible, investigation reports are to be presented in a summary
format without the names of witnesses.
During the investigation of the complaint, the Executive Director or
investigator may need to consult with the Board, the Human Rights Commission,
the Human Rights Office, Legal Department and/or the Office of Labour
Relations.
Depending upon the circumstances, an established complaint under this
policy will be considered a form of employee misconduct.
As in any other case of misconduct, corrective action may include discipline
which can vary from verbal counselling or a written reprimand to suspension
or discharge.
No records of a complaint will be placed on the personnel file of the
employee who files a complaint or the files of any of the witnesses.
The only time a record of a complaint will be placed on the file of
a person involved in a complaint is when the resulting corrective action
includes discipline. This record of discipline is subject to the provisions
of the centre's Personnel Policy.
All records pertaining to a complaint under this policy are subject
to the provisions of the Municipal Freedom of Information and Protection
of Privacy Act.
All records which are not placed on the personnel file of an employee
will be kept in the Executive Director's office.
6. COMPLAINTS INVOLVING THE EXECUTIVE DIRECTOR OR BOARD MEMBERS
The Board will immediately request the Human Rights Office to investigate
complaints made by or regarding the "direct personal behaviour" of the
Executive Director or Board members. As appropriate, the Human Rights
Office will investigate, will arrange for an investigator from within
the City, or will arrange for a qualified external consultant.
The investigator will notify the persons named in the complaint of the
specific allegations against them as soon as possible. 6.3. Authority and Duties of the Investigator
The investigator will be able to investigate and/or attempt to settle
the complaint, and to speak with anyone, examine any documents and enter
any work location relevant to the complaint for the purposes of investigation
and settlement. Unless otherwise stated, the investigator will follow
the principles and procedures outlined above in "Complaints Procedure
for Employees". 6.4. Interim Report and Discontinuance of Complaint
As required, the investigator may make interim in camera reports
to the Board as a whole, or to the Board Chair, Vice-Chair and Chair
of the Personnel Committee as appropriate, to address instances of interference,
obstruction, retaliation or breaches of confidentiality encountered
while dealing with the complaint. Upon receipt of the complaint, or at any point during the investigation/mediation, the investigator may submit a report to the Board, or to the Board Chair, Vice-Chair and Chair of the Personnel Committee, recommending that the investigation be discontinued where: -the complaint is outside the scope of this section; -an adequate remedy already exists; -the complaint is frivolous, vexatious or not made in good faith; or -further investigation is unnecessary.
The 519 may approve or reject the recommendation after considering submissions
from the parties to the complaint.
Nothing in this section should be interpreted as denying or limiting
access to other avenues of redress available under the law (e.g. criminal
complaint, civil suit, or a complaint with the Ontario Human Rights
Commission). The Board (or Board Chair, Vice-Chair and Personnel Chair),
however, may decide to postpone, suspend or cancel any investigation
into a complaint under this policy if it is believed that the investigation
would duplicate or prejudice such a proceeding. 6.6. Investigator's Final Report
The Board (or Board Chair, Vice-Chair and Personnel Chair) will be presented
with a final report outlining the findings, conclusions, recommended
corrective action, or terms of settlement, within 90 days of the making
of the complaint. Upon the request of the investigator, an extension
may be granted.
The complainant and respondent will be given 30 days to review and comment
on the final report. Comments are to be sent to the investigator.
Final decisions regarding complaints involving Board members or the
Executive Director will be made by the Board (or Board Chair, Vice-Chair
and Personnel Chair) in camera, after reviewing the final report
and any comments received. They may approve, change or reject any proposed
terms of settlement or recommended corrective action.
The investigator will be responsible for monitoring the implementation
of the decision and for providing regular progress reports.
All persons involved with a complaint are expected to treat the matter
as confidential. Breaches of confidentiality will be addressed by the
Board (or Board Chair, Vice-Chair and Personnel Chair) in camera.
7. COMPLAINTS FROM COMMUNITY MEMBERS AND SERVICE RECIPIENTS
Community members and service recipients may complain under this policy
regarding discrimination and harassment in the administration and delivery
of The 519 services, access to and use of The 519 facilities, or discrimination
in legal contracts. The Human Rights Office has no jurisdiction over
acts of Toronto City Council or its Committees. In addition, community
members and service recipients may be required to exhaust any other
avenues of appeal which are reasonably available before making a complaint
under this policy.
If the community member or service recipient is unable to resolve the
problem directly with The 519, the Human Rights Office may try to mediate
a solution. 7.3. Formal Complaint and Investigation
If early resolution does not resolve the situation, the Human Rights
Office will prepare a complaint form based on the individual's information.
Once the complaint form is signed, The 519 will be notified and required
to respond.
The Human Rights Office will keep both parties advised of the progress
of the investigation. With the consent of both parties, the Human Rights
Office may attempt to mediate a settlement of a complaint at any point
during an investigation. If a settlement is reached, the matter will
be closed and no Investigation Report will be written.
The Investigation Report will formally tell both parties what relevant
information the investigation discovered, on which the Human Rights
Office will base recommendations. 7.6. Commenting on the Investigation Report
The Investigation Report bill be disclosed to the complainant and The
519. Both parties will be given 15 working days to individually review
the Investigation Report and submit written comments if they believe
the report missed or misstated any information which would have a bearing
on the outcome.
The Human Rights Office may make recommendations to correct any existing
problems and/or to prevent similar problems from occurring in the future.
The Board, in consultation with the Executive Director, will review the Investigation Report along with any recommendations and provide the complainant with a final written decision within 30 days. |
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