Anti-Harassment Policy
THIS IS A UN-ADOPTED CANDIDATE DRAFT AND IS PRESENTED HERE FOR REVIEW ONLY!
Candidate from CBC Corporate Policy
Body
Statement
Hacklab Club Toronto's (hereafter referred to as Hacklab) Commitment: Hacklab is committed to:
- provide an inclusive labspace environment free of harassment, including sexual harassment,
- support the productivity, personal goals, dignity and self respect of all its members, potential members and
- promote sensitivity to individual differences.
Hacklab will make every reasonable effort to ensure that no member is subjected to harassment in the labspace. In particular, Hacklab accepts responsibility to ensure that its policies, practices, membership arrangements and facilities do not have unlawful effects on those individuals protected under the Canadian Human Rights Act.
Further, Hacklab will not tolerate any behaviour, including from guests and other individuals with whom Hacklab has interactions, that conflicts with the spirit or intent of the Canadian Human Rights Act, or any other human rights laws that are applicable to Hacklab’s operations.
Description
The Hacklab considers all forms of harassment, including sexual harassment, to be unacceptable; will not tolerate its occurrence; and will make every reasonable effort to ensure that no member is subjected to it.
Further, for any violence or threats of violence in the workplace, please refer to Hacklab’s Labspace Violence Policy.
Definitions
Harassment
Any conduct, comment, gesture or contact based on any of the prohibited grounds, listed above:
- that is likely to cause offence or humiliation to any member or guest, or
Harassment will have taken place if it is known or ought to have reasonably been known that the behaviour in question was unwelcome or inappropriate in the labspace.
Examples
Examples include:
- unwelcome remarks, jokes or taunts about an individual’s racial background, colour, place of birth, citizenship or ancestry (or other prohibited ground);
- display of derogatory, racist or offensive pictures or material
- unwanted intrusion into an individual's personal items or computer systems
Prohibited Grounds
- Age
- Family status
- Race
- Marital status
- Colour
- Sexual Orientation
- Religion
- Pardoned conviction
- National or Ethnic Origin
- Mental or physical disability
- Sex (including pregnancy and childbirth)
Sexual Harassment
As defined in the Canada Labour Code:
any conduct, comment, gesture or contact of a sexual nature that is likely to cause offence or humiliation to any employee; or that might, on reasonable grounds, be perceived by that employee as placing a condition of a sexual nature on employment or on any opportunity for training or promotion.
Sexual harassment, which is a specific form of harassment, is generally comprised of objectionable and offensive behaviour that may occur once or repeatedly.
Examples
- unwelcome advances, flirtations, jokes or propositions of a sexual nature;
- unwanted requests for sexual favours by a person in a position to confer, grant or deny a benefit or advancement;
- sexually degrading words, images or other material;
- conduct of a sexual nature, including leering, pinching, touching and patting.
Mechanisms for Redress
Where remedial action is recommended, it will be implemented as soon as reasonably possible after the conclusion of a thorough internal investigation. Depending on the circumstances, there may also be longer-term initiatives, such as the development and implementation of Corporate or Lab wide education and training activities.
Discipline and Reprisals:
Any member whose actions are found to be in breach of this policy may be asked to participate in any of the following: education and training for the various parties involved, adjustments to the lab environment, various forms of apology, undertakings, warnings, suspensions.
If a member raises a concern relating to harassment, in good faith, s/he will not be subject to retaliation nor reprisals for bringing forward his or her concern. Therefore, any person who threatens or takes actions against a member for invoking this policy and/or for participating in the related investigation process is strictly prohibited.
Confidentiality
All concerns relating to harassment, including sexual harassment, will be dealt with confidentially as reasonably possible.
A member’s identity, or the circumstances regarding any concern or complaint, will not be disclosed unless disclosure is necessary for the purposes of conducting an investigation or for taking disciplinary action.
Chain of Communication for Addressing Concerns or Complaints
Members can address concerns or complaints relating to harassment based on a prohibited ground, by using the following chain of communication:
- If it is appropriate, the member should tell the person who is acting in a harassing manner that it is offensive and request that s/he immediately stop. In some cases, this informal discussion may resolve the problem.
- If this is inappropriate or if the informal discussion is not resolved, then the member should advise the Hacklab President
- The member will then be asked to prepare a written complaint, outlining the nature of the allegations and any important details or facts (including the name(s) of the alleged harasser(s), witnesses, dates and location of the incidents) that may assist the subsequent investigation.
- Upon receipt of this written complaint, the President will immediately acknowledge its receipt to the member and will meet with the member as soon as reasonably possible.
- The President will exercise its discretion as to whether an internal investigation is warranted and to determine its scope. Where appropriate, the President may conduct an investigation even if the member refuses to submit a written complaint.
#For specific information regarding the investigation process, please refer to Hacklab’s Guidelines to Investigation of Wrongdoing.
Candidate from CMG/CBC Collective Agreement
7 HARASSMENT
7.1
The parties recognize the right of employees to work in an
environment free of harassment.
7.2
Harassment will have the same meaning as defined in the Canadian
Human Rights Act and the Canada Labour Code. Harassment includes
engaging in a course of vexatious comment or conduct that is known
or ought to be known to be unwelcome.
For clarification, sexual harassment means any conduct, comment,
gesture or contact of a sexual nature:
a. that is likely to cause offence or humiliation to any individual,
b. that might, on reasonable grounds, be perceived by that
individual as placing a condition of a sexual nature on
employment or on any opportunity for training or promotion.
Sexual harassment is generally comprised of objectionable and
offensive behaviour which may occur once or repeatedly. Unwelcome
sexual advances, requests for sexual favours, and other verbal, pictorial
or physical conduct of a sexual nature constitute sexual harassment.
It is a discriminatory practice, in matters related to employment, to
harass an individual on any of the following prohibited grounds of
discrimination: race, national or ethnic origin, colour, religion, age, sex,
sexual orientation, marital status, family status, disability, or conviction
for an offence for which a pardon has been granted. It includes any
comment or conduct based on the grounds listed above, that offends
or humiliates. Discriminatory harassment will have taken place if it is
known or ought to have reasonably been known that the behaviour in
question was unwelcome or inappropriate in the workplace.
Discrimination on the basis of childbirth and pregnancy is covered
under the category - sex.
7.3
The normal exercise of management rights, in particular the right to
assign tasks and the right to reprimand or impose discipline under the
terms of this agreement, are not defined as harassment.
7.4
When a complaint is filed alleging harassment, the Corporation will
immediately investigate to resolve the issue and to protect the rights
and well being of all the parties involved. The complaint will be dealt
with in accordance with the Corporation's policy on Harassment. It is
agreed that the procedures set out in the policy will not be changed
during the life of this Collective Agreement.
Further, the Corporation will take corrective or disciplinary measures as
required. Such disciplinary action when taken against an employee in
this bargaining unit shall be covered by the provisions of this Collective
Agreement. Such action must be taken in a timely manner.
7.5
An employee alleging harassment in the workplace, as described above,
has the right, after informing his/her supervisor or manager, to be
assigned other suitable work, if available, until an investigation has been
undertaken.
7.6
Nothing in this Article shall replace an individual's right to file a
complaint in accordance with the Canadian Human Rights Act.
7.7
No employee risks reprisals as a result of filing a complaint in good
faith, or being a party to the investigation of a complaint.
One
Hacklab Club Toronto recognizes the right of members to work in an environment free of harassment.
Two
Harassment will have the same meaning as defined in the Canadian Human Rights Act. Harassment includes engaging in a course of vexatious comment or conduct that is known or ought to be known to be unwelcome. For clarification, sexual harassment means any conduct, comment, gesture or contact of a sexual nature:
- that is likely to cause offence or humiliation to any individual,
- that might, on reasonable grounds, be perceived by that individual as placing a condition of a sexual nature on membership or on any opportunity for participation.
Sexual harassment is generally comprised of objectionable and offensive behaviour which may occur once or repeatedly. Unwelcome sexual advances, requests for sexual favours, and other verbal, pictorial or physical conduct of a sexual nature constitute sexual harassment. It is a discriminatory practice, in matters related to employment, to harass an individual on any of the following prohibited grounds of discrimination: race, national or ethnic origin, colour, religion, age, sex, sexual orientation, marital status, family status, disability, or conviction for an offence for which a pardon has been granted. It includes any comment or conduct based on the grounds listed above, that offends or humiliates. Discriminatory harassment will have taken place if it is known or ought to have reasonably been known that the behaviour in question was unwelcome or inappropriate in the workplace. Discrimination on the basis of childbirth and pregnancy is covered under the category - sex.
Three
The normal exercise of management rights, are not defined as harassment.
Four
When a complaint is filed alleging harassment, the Corporation will immediately investigate to resolve the issue and to protect the rights and well being of all the parties involved. The complaint will be dealt with in accordance with this policy. Further, the Corporation will take corrective or disciplinary measures as required. Such disciplinary action when taken against a member in this bargaining unit shall be covered by the provisions of this policy. Such action must be taken in a timely manner.
Five
An member alleging harassment in the labspace, as described above, has the right, after informing the management, Template:Rights, until an investigation has been undertaken.
Six
Nothing in this Article shall replace an individual's right to file a complaint in accordance with the Canadian Human Rights Act.
Seven
No member risks reprisals as a result of filing a complaint in good faith, or being a party to the investigation of a complaint.
Body
Harassment of any kind will not be tolerated within the Hacklab community, physical or virtual. This includes assault, battery, intimidation and all other forms of abuse- physical, sexual or emotional. If someone tells you to leave them alone, leave them alone! If someone tells you "no", stop!
Any members engaging in unacceptable behaviour may be removed from the premises and after a discussion on the members list potentially have their membership suspended.
Any guests who engage in unacceptable behaviour may be removed from the premises by any member, with the member being expected to follow up with the members list about the incident to determine whether the guest will be allowed back. If the same guest is asked to leave a second time, there is no discussion necessary - the guest is no longer welcome.
Guests who have issue with the behaviour of a member or another guest may bring this up with another member or by mailing the members mailing list.
Within our community, it is everyone's responsibility to ensure that the lab exists as a safe and comfortable place for members and guests alike.