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Nscc Discrimination and Harassment Committee Training 2011.

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Presentation on theme: "Nscc Discrimination and Harassment Committee Training 2011."— Presentation transcript:

1 nscc Discrimination and Harassment Committee Training 2011

2 nscc Why are we here? NSCC is committed to ensuring a safe and respectful working and learning environment for all of its employees and students. 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. 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.

3 nscc nscc What is your role as Chair of the Committee? Publicize the names and contact information for each of its members; Publicize the names and contact information for each of its members; Coordinate the scheduling of campus workshops; Coordinate the scheduling of campus workshops; Keep Employee Relations advised of ongoing complaints when necessary. Keep Employee Relations advised of ongoing complaints when necessary.

4 nscc nscc 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.

5 nscc nscc What 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.

6 nscc nscc What do you do if someone approaches you with a D & 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. …

7 nscc What do you do if someone approaches you with a D & 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? …

8 nscc nscc What do you do if someone approaches you with a D & H matter cont’d 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. …

9 nscc nscc 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.

10 nscc nscc 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, s 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.

11 nscc What records do you keep? Each time you are approached with a D & H issue the final step must be documented. Ex: 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. 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 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. 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 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.

12 nscc nscc 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. 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.

13 nscc nscc Remember… Our response to conflict can cause it to escalate or de- escalate; Our response to conflict can cause it to escalate or de- escalate; We need to look at enhancing as opposed to harming relationships; 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! 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!

14 nscc nscc 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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16 nscc Questions I will answer for you today… What is discrimination? What is discrimination? Harassment? Harassment? Personal harassment? Personal harassment? Sexual harassment? Sexual harassment? How do I prevent it? How do I prevent it? What do I do if it is happening to me? What do I do if it is happening to me?

17 nscc What we want you to take from today: Power from knowledge; Power from knowledge; An understanding of what is appropriate and inappropriate behaviour in the workplace and classroom; An understanding of what is appropriate and inappropriate behaviour in the workplace and classroom; An increased awareness of how our behaviour impacts others; and 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. How the College can help if you feel you are being discriminated against or harassed.

18 nscc The key words to remember throughout this presentation are:

19 nscc Exercise:

20 nscc What is Discrimination? If someone is openly biased against you or places restrictions on you because of your: If someone is openly biased against you or places restrictions on you because of your: Age - Physical or Mental disability Age - Physical or Mental disability Race - Ethnic or national origin Race - Ethnic or national origin Colour - Marital status Colour - Marital status OR YOUR…

21 nscc Sex - Source of income Sex - Source of income Religion - Sexual orientation Religion - Sexual orientation Creed - Family status Creed - Family status Aboriginal origin - Political belief, affiliation or activity Aboriginal origin - Political belief, affiliation or activity Irrational fear of contracting an illness or disease Irrational fear of contracting an illness or diseaseOR because you associate with anyone who possesses those characteristics…

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23 nscc 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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25 nscc Examples: Denying someone a training opportunity because you think they are too old and will be retiring soon; 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 marked lower because of your sexual orientation; Being denied a promotion because of the colour of your skin… Being denied a promotion because of the colour of your skin…

26 nscc What is Harassment? The College differentiates between three different types of harassment: The College differentiates between three different types of harassment: Harassment; Harassment; Personal harassment; and Personal harassment; and Sexual harassment. Sexual harassment.

27 nscc Harassment is… Unwelcome comments or conduct directed toward someone because of their, age, race, sex, etc. that: Unwelcome comments or conduct directed toward someone because of their, age, race, sex, etc. that: disparage; disparage; humiliate; humiliate; offend; or offend; or embarrass embarrass that person and which may affect that person’s performance or mental or physical health.

28 nscc Examples: Inappropriate jokes or innuendos regarding someone’s religion; Inappropriate jokes or innuendos regarding someone’s religion; Making unfounded criticisms of performance because the person is disabled; Making unfounded criticisms of performance because the person is disabled; Inappropriate questions or comments about someone’s personal life because of their sexual orientation. Inappropriate questions or comments about someone’s personal life because of their sexual orientation.

29 nscc What is Personal Harassment? Personal harassment is harassment that is not based on age, sex, race, etc. and can include abuse of power: Personal harassment is harassment that is not based on age, sex, race, etc. and can include abuse of power: For example: For example: Excluding someone from meetings or discussions just because you do not like them; Excluding someone from meetings or discussions just because you do not like them; Picking on someone because of their weight; Picking on someone because of their weight; Giving someone harder assignments because you do not like them. Giving someone harder assignments because you do not like them.

30 nscc What is Sexual Harassment? Conduct or repeated comments of a sexual nature that are known or ought reasonably to be known as unwelcome. 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. 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.

31 nscc Examples: Sexual comments on or otherwise; Sexual comments on or otherwise; Leering at a person’s body; 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. Promising someone a reward if they participate in a sexual act or threatening them if they do not comply.

32 nscc What is acceptable behaviour? The College does not prohibit normal social relationships and interactions in the workplace or classroom; 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. 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. 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.

33 nscc Discussion Points

34 nscc 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. 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. 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.

35 nscc What 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. 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: In the informal process you may: Tell the person or the group, by letter or in person to stop the offending behaviour; and/or 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 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. Participate in a consensual mediation.

36 nscc 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. 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: This would involve: Making a complaint; Making a complaint; A potential investigation; 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. 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.

37 nscc 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. 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. You may also have the right to make a human rights complaint depending on the circumstances.

38 nscc How can you help prevent discrimination and harassment? Be respectful to others; Be respectful to others; Be aware of your behaviour and its impact on others around you; 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. 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 what you think is funny, might be offensive to someone else; Understand that “Stop” means “Stop”; Understand that “Stop” means “Stop”;…

39 nscc Don’t just ignore it if others are acting this way, say something!; Don’t just ignore it if others are acting this way, say something!; Tell someone if their behaviour or conduct toward you is unwelcome; Tell someone if their behaviour or conduct toward you is unwelcome; If you aren’t sure if your behaviour is welcome, ask! If you aren’t sure if your behaviour is welcome, ask! Remember the three core tenets: Remember the three core tenets:

40 nscc Where can you get more information? 1. Contact a member of the Campus Harassment/Discrimination Committee: (outline names and contact information of your Committee); 1. If you are not comfortable speaking to someone on campus contact Employee Relations.

41 nscc 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; 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. 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.

42 nscc Thoughts? Questions?


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