HARASSMENT POLICY

Related Link: Policy and Procedure on Sexual Harassment

PURPOSE OF THIS POLICY

The University is committed to creating and maintaining a workplace environment free of discrimination for all its students, employees and visitors.  Harassment, as defined in this Policy, will not be tolerated by the University of New Brunswick. Discriminatory harassment is a violation of University policy and the law of New Brunswick and may be subject to a range of sanctions.

 

"Harassment" shall be defined as " engaging in a course of vexatious comment or conduct that is known or ought reasonably be known to be unwelcome," and which constitutes a violation of the provincial Human Rights Act in the workplace or university environment.  Harassment denies individual dignity and respect on the grounds of race, colour, religion, national origin, ancestry, place of origin, age, physical disability, mental disability, marital status, sexual orientation or sex or other prohibited grounds as set out in the provincial Human Rights Act.  All employees are expected to treat others with courtesy and consideration and to discourage harassment.

 

 

DEFINITION OF HARASSMENT UNDER THIS POLICY

"Workplace/University Environment" is defined as any UNB setting and includes but is not limited to areas such as offices, rest rooms, cafeterias, libraries, lockers, conference rooms, parking lots and off-site event locations where such events relate to UNB.

 

Harassment may take many forms: verbal, physical or visual.  It may involve a threat or an implied threat or be perceived as a condition of employment.  Harassment will be determined based on the character of the conduct and the effect on the Complainant.  The fact that the Respondent did not intend to harass will not be determinative.  The following examples could be considered harassment, but are not intended to cover all potential incidents:

 

• Conduct that interferes with an individual's work, professional or academic performance, productivity, physical security, participation in on-campus living arrangements, extra-curricular activities, academic or career opportunities or services or benefits.
• Conduct that detrimentally affects the work, service or learning environment or leads to adverse job or academic-related consequences for the Complainant.
• Abuse of power amongst or between faculty, staff and students.  Examples of positions of where the power dynamic is of concern include but are not limited to: academic advisor, coach, counsellor, director, instructor/professor, marker, research head, residence staff, thesis advisor, tutor and unit head.
• Unwelcome remarks, jokes, innuendos, gestures or taunting about a person's body, disability, attire, gender, racial or ethnic backgrounds, colour, place of birth, sexual orientation, citizenship or ancestry.
• Posting or circulation of offensive photos or visual materials.
• Refusal to work or converse with an employee because of their racial background or gender, etc.
• Unwanted physical contact, including touching, patting, pinching, etc.
• Backlash or retaliation for the lodging of a complaint or participation in the investigation of a complaint.

 

What Harassment is NOT: "harassment" is in no way to be construed as properly discharged supervisory responsibilities including the delegation of work assignments, the assessment of discipline or any conduct that does not undermine the dignity of the individual.  Neither is this policy meant to inhibit free speech or interfere with normal social relations.

 

Any student, employee (who works for pay or otherwise), or visitor may bring a complaint of harassment ("Complainant") to the University's attention regarding conduct of concern in the workplace or university environment by following the procedures set out in this Policy , where the alleged harasser ("Respondent") is a University employee or visitor.

 

Where the Respondent is a student, the complaint must be made and shall proceed under the Student Disciplinary Code.

 

 

APPLICATION AND SCOPE OF POLICY

Although this policy and the procedures detailed within it are designed to provide a means by which an individual may have his or her complaint of harassment addressed within the framework of the University, it does not preclude an individual's right to take other courses of action, such as legal action, contacting the police or filing a complaint with the New Brunswick Human Rights Commission.

 

An internal investigation under this Policy may be held in abeyance during the course of an alternate investigation (Example: a police investigation).

 

A false and/or malicious complaint under this policy is a violation of this policy and the person or persons responsible for such a complaint may be subject to disciplinary action.

 

Retaliation against a student or employee for filing a complaint of harassment may constitute grounds for subsequent complaint or other action by the University.

 

 

PROCEDURES

University Harassment Advisors are available to all students, staff and faculty of the University who wish to be informed about any aspect of the University Policy and Procedure on Harassment.

 

The Advisors provide information, advice, assistance and support (on a confidential basis).  A Harassment Advisor is not competent or compellable to provide information or evidence in any formal procedures under this policy.

 

 

ADVISORS

The options that are available to students, employees or visitors who believe that they are victims of harassment are (1) informal resolution and (2) formal resolution.  These options are described below.

 

 

OPTIONS

 

(1) Informal Resolution

 

 

DIRECT APPROACH

 

1.1         Informal Resolution - Direct Approach

Complainants, either on their own or in consultation with a  Harassment Advisor, may speak or write to the person perceived as the harassor to make him/her aware that his/her behaviour is or was offensive or they may ask the Harassment Advisor to intervene on their behalf.  Complainants may also seek assistance or support from a third party of their choice and may ask that person to intervene on their behalf.  If the results of the direct approach are not acceptable to the complainant, mediation or formal resolution may be pursued.

 

 

MEDIATION PROCEDURE

 

1.2         Informal Resolution - Mediation

If the complainant wishes to proceed with mediation the following shall occur:

 

(a)          The complainant will provide the Human Resources Consultant with a written signed complaint giving details of the alleged harassment, including dates, times, places and names of the individuals involved.

 

(b)          Within five working days from the date of receipt of the written complaint, the Human Resources Consultant will inform the respondent of the allegation(s) and will provide the respondent with a copy of the written complaint.

 

 

ROLE OF THE HUMAN RESOURCES CONSULTANT IN MEDIATION

(c)          Within five working days of notifying the respondent in writing, the Human Resources Consultant will contact the respondent to see whether the respondent agrees to mediation. If so, the Human Resources Consultant will promptly consult with both the complainant and the respondent on the choice of mediator.

 

(d)          Both the complainant and respondent must agree as to the choice of mediator. The mediator chosen must be unbiased, independent of both parties and acceptable to the University.  If the parties cannot agree on a mediator, the complaint shall proceed through the Formal Resolution process.

 

 

APPOINTMENT

(e)          Within a period of ten working days of appointment of a mediator, the mediation process will be concluded unless this period of time is extended by mutual agreement of the parties.  The options for resolution will be of a voluntary nature. The work of the mediator is confidential.  If resolution is achieved as a result of mediation, a written copy of the resolution will be signed by the complainant and the respondent.

 

 

ROLE OF THE MEDIATOR

(f)           Within twenty working days of the mediator concluding that no resolution is reachable, the complainant may:

 

(i) withdraw the complaint;

(ii) initiate a formal investigation.

(g)          If the complainant or the respondent indicate in writing that the conditions of the agreement have not been met, the mediator shall ascertain whether or not, in his or her opinion, the breach of conditions can be substantiated.  A report to this effect, which may include a recommendation for further mediation, shall be submitted by the mediator to the Human Resources Consultant.  If the complainant wishes to proceed with a formal investigation, he/she shall follow the procedures outlined below in Section 2 - Formal Resolution.

 

 

(2) Formal Resolution

If the complainant wishes to pursue formal resolution, the following shall occur:

 

2.1         The complainant will provide the Human Resources Consultant with a written signed complaint giving details of the alleged harassment, including dates, times, places, names of the individuals involved.

 

2.2         For purposes of this policy only Vice-Presidents and the President shall be considered Senior University Administrators.

 

2.3         Throughout this stage until a decision has been rendered by the appropriate Senior University Administrator, the Human Resources Consultant shall continue to be neutral, assisting at all stages of the processing of the complaint so that both the complainant and the respondent can be reassured that action is being taken as expeditiously as possible.

 

 

ROLE OF THE HUMAN RESOURCES CONSULTANT IN FORMAL RESOLUTION PROCEDURE

2.4         Once the Human Resources Consultant has informed the Senior University Administrator of the request for a formal resolution, the Senior University Administrator shall be responsible for notifying in writing within five working days the individual accused of harassment that a complaint has been lodged against him/her, giving a copy of the written signed complaint.  If the individual accused is a member of a bargaining unit, a copy shall be provided to the appropriate union official.

 

 

ROLE OF THE UNIVERSITY ADMINISTRATOR

2.5 (a)    The Senior University Administrator shall call for an investigation of the allegations expeditiously and has the authority to set reasonable procedures, which shall be carried out in accordance with any applicable conditions set out in relevant collective agreements and with due regard to confidentiality for all parties concerned.  The investigation will be conducted by an individual with appropriate expertise in such matters.  The Human Resources Consultant may be contacted for advice on these matters. The procedures shall include, at a minimum: (a) interviews with both the complainant and the respondent, (b) interviews with any witnesses, and (c) accurate and complete documentation of the evidence concerning the complaint.

 

(b)          The investigator shall report, in writing, his/her findings to the Senior University Administrator.  The investigator shall not make recommendations on whether or what disciplinary action should be taken.  Regardless of the investigator's findings, where, he/she identifies general workplace problems, the investigator may recommend remedial action(s) to the Senior University Administrator.

 

2.6         The Senior University Administrator shall review the investigator=s report and shall decide upon a course of action taking into consideration all the facts of the case.  He/She shall inform all the individuals concerned of the decision taken. Should harassment be found to have occurred, the Senior University Administrator shall decide upon appropriate remedial measures and/or disciplinary sanctions.

 

 

ROLE OF THE VICE-PRESIDENT

2.7         Any decision by the Senior University Administrator is subject to relevant grievance/arbitration procedures for unionized or non-unionized employees.

 

 

 

 

REVISED VERSION APPROVED BY THE HUMAN RESOURCES COMMITTEE: OCTOBER 2004