1. SCHOOL DISTRICT 8 HARASSMENT AWARENESS - Brief Yearly TRAINING

2. Goals for Today’s Session
To identify the elements of harassment
To review the definition of harassment
To review contract language and policy for SD8 for harassment
To briefly look at strategies for dealing with harassment complaints

3. COMPONENTS OF HARASSMENT
Abuse of power (AND/OR)
Discriminatory (AND/OR)
Negative job-related effect

4. COMPONENTS OF HARASSMENT, con’t.d
A reasonable person would know the behaviour to be unwelcome;
Intent does not matter (!!!!)
Repetition or verbal protest not necessary…but…

5. RELEVANT DOCUMENTS B.C. Human Rights Code WorkSafe Regulations
BCTF Collective Agreements (both provincial and local)
CUPE Collective Agreement
SD#8 Policy 203 – Discrimination and Harassment
Case Law

6. DEFINITION OF HARASSMENT
HARASSMENT is:
a form of discrimination, based on:
race, colour, ancestry, place of origin, political belief, religion, marital status, family status, physical or mental disability, sexual orientation, gender, age, conviction of a criminal or summary offence unrelated to one’s employment
Definition based on B.C. Human Rights Code

7. SPECIFIC TYPES OF HARASSMENT
Sexual Harassment
Personal Harassment
(in most districts, teachers are only group with personal harassment clauses; however, in SD8, it is in defined in our policy, so applies to EVERYONE)

8. PERSONAL HARASSMENT
Improper, unwelcome behaviour directed at or offensive to any person; and/or
Objectionable conduct, comment, materials or display that belittles, intimidates, or humiliates another person; or
Inappropriate exercise of power or authority that serves no work purpose

9. WHAT IS NOT HARASSMENT?
Routine supervision of employees & routine interactions;
Performance evaluations;
Directive to do reasonable part of job duties;
Imposition of disciplinary process;
Lack of friendliness;
Denial of request for time off
Etc…

10. DEALING WITH HARASSMENT
Harassment is Complainant-driven
Perception of complainant and/or witness is key

11. Dealing with Harassment, cont.
Possible avenues for resolution:
Complainant may deal directly with harasser (ideal)
Complainant may go to union rep
Complainant may go to administrator(s)
Complainant may go to someone else
Third party may intervene and make report

12. EMPLOYEE RIGHTS All employees have the right to:
Make complaints (note: Teachers’ Code of Ethics does NOT apply in harassment cases)
Be informed of complaints against them
A fair hearing (the right to be heard)
A full investigation
Confidentiality
A representative of their choice

13. INFORMAL RESOLUTION OF HARASSMENT COMPLAINTS
Informal resolution of harassment complaints is subject to provisions of relevant Collective Agreements and policies – informal resolution is often best

14. Steps in the Process for Resolution
Step One:
Complainant may speak directly to harasser (BEST)
May be RESOLVED
Complainant may report to admin, union rep, or other contact person
May be RESOLVED; OR:
Step Two:
Formal complaint may be filed with Superintendent or designate
Alleged harasser is notified in writing of complaint details and investigation process details
Investigation must begin as soon as possible, and be RESOLVED as soon as possible
Step Three:
Complainant may initiate a grievance (eg: Violence in the Workplace)if process not followed
Complainant may refer to Human Rights Tribunal (if harassment under BC Human Rights Code)

15. FOR MORE INFORMATION SCHOOL DISTRICT 8 POLICY COLLECTIVE AGREEMENT
Includes information about harassment by ANYONE impacting work environment – colleague, student, parent, supervisor, senior leadership, trustee, public
COLLECTIVE AGREEMENT
Collective agreement language about harassment

16. TIPS
If you feel you are being subject to harassment, or if harassment is reported to you, DOCUMENT EVERYTHING
Ask for help – talk to an administrator, senior leadership person, Superintendent, PVP, harassment investigator, lawyer, etc.
Do not ignore the complaint & ask for help if
you are unsure if it is harassment
Read the relevant sections of the Collective
Agreements and SD8 Policy
If you are the alleged harasser, contact union,
supervisor, senior leadership, etc. for assistance
right away and document everything