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Policy:
Harassment Policy
Date Originally Approved:
December 20, 2007
Motion:
That Council approve Policy number 2007 - 26 "Harassment Policy" as presented;
and
Further that this Policy be effective immediately
Date Amended:
November 26, 2009
Motion:
That Council approve the amendments to Policy number 2007 - 26 "Harassment
Policy" as presented; and
Further that the amended Policy be effective immediately
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Policy Number: 2007 - 26
Policy Subject:
Harassment
STATEMENT OF POLICY
The Town of Stewiacke is committed to providing a safe and respectful environment for
all employees. No employee has to put up with harassment at the Town for any reason.
The Town is committed to promoting equality in the workplace by taking all reasonable
measures to prevent incidents of harassment and to deal promptly and fairly with any
reports of harassment in a confidential and discreet manner. This harassment policy
encourages the reporting of all incidents of harassment experienced by any individual as a
result of his or her work with the Town. Where allegations of harassment are
substantiated, the offender will be sanctioned in strict accordance with this policy,
regardless of his or her status at the Town.
This Policy reflects and was developed in reference to the protections accorded within
the Nova Scotia Human Rights Act, Section 5 (h) to (u) and Section 11
(http://www.gov.ns.ca/legislature/legc/statutes/humanrt.htm)
This policy does not preclude the reporting of harassment complaints to the Nova Scotia
Human Rights Commission, or if the matter is perceived to be of a criminal nature, to the
police.
DEFINING HARASSMENT
A.
Who does this Policy Cover?
This policy prohibits any work-related act of harassment by any Council member or
employee of the Town.
B.
Where does the Policy Apply?
The prohibition against harassment includes conduct in the workplace, or elsewhere in a
situation that is connected in some way to work, such as business trips and off-site
meetings. Harassment through indirect methods of communication such as telephone
calls or in writing is also covered by this policy.
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C.
What is Harassment?
Harassment is any behaviour that demeans, humiliates or embarrasses a person, and that
a reasonable person should have known would be unwelcome. It includes actions and
comments. It may be a single incident or continue over time. Some examples of
harassment include:
- Unwelcome remarks, slurs, jokes, taunts or suggestions about a person's body,
clothing, race, national or ethnic origin, Creed, Aboriginal origin, color, religion,
age, sex, physical or mental disability, sexual orientation, family status, marital
status, political belief/affiliation, or an irrational fear of contacting an illness or
disease;
- Displays of sexist, racist, or other offensive or derogatory material;
- Written or verbal abuse or threats;
- Practical jokes that embarrass or insult someone;
- Patronizing or condescending behaviour;
- Humiliating an employee in front of co-workers;
- Abuse of authority that undermines someone's performance or threatens their
career.
Sexual harassment is a particular form of harassment. It is defined in the Nova Scotia
Human Rights Act and means:
- Vexatious sexual conduct or a course of comment that is known or ought
reasonably to be known as unwelcome;
- A sexual solicitation or advance made to an individual by another individual where
the other individual is in a position to confer a benefit on or deny a benefit to the
individual to whom the solicitation or advance is made, where the individual who
makes the solicitation or advance knows or ought reasonably to know that it is
unwelcome; or
- A reprisal or threat of reprisal against an individual for rejecting a solicitation or
advance
Examples of sexually harassing behaviour include, but are not limited to:
- demands for sexual favors in exchange for employment advantages, promises for
employment advantages, or the threat of withdrawal of those advantages.
- displays of sexually suggestive posters, graffiti or objects.
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- unwanted comments about a person's body, sexuality, sexual orientation or sexual
conducts.
- unwanted flirtation, sexual propositions or advances.
- unwanted touching, pinching, or fondling.
- sexually suggestive or obscene gestures.
- persistent unwanted attention or requests of a sexual nature after a consensual
relationship has ended.
- sexist jokes or anecdotes or comments that are insulting, demeaning, or
derogatory toward a person because of gender which are either obviously
offensive or continue after the speaker is informed that those comments have
caused offence.
- Sexually suggestive or obscene gestures, and /or comments either written or
verbal
D.
Behaviour that is not Harassment
Fraternization or consensual social relationships are not harassment, nor are appropriate
performance reviews, counseling, or discipline by a supervisor or manager.
RESPONSIBILITIES
A.
Responsibilities of the Town
- the Town will publicize this policy to all members of Council and employees and
advise them of the relief available through this policy;
- the Town will review this policy periodically to ensure its effectiveness and review
any recommended changes that may be presented.
B.
The office of the Chief Administrative Officer (CAO) is responsible for
ensuring:
- reported incidents of harassment are investigated in a prompt and objective
manner by person(s) viewed to be impartial to the complainant and the
respondent;
- staff members have an opportunity to obtain confidential advice regarding
harassment;
- staff members are educated regarding this policy and procedures; and
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- Supervisory and Management staff are provided the opportunity to attend any
external training programs deemed necessary.
C.
Supervisory and Management staff are responsible for ensuring:
- employees have access to this policy and other information regarding harassment,
and are provided with the opportunity to attend any internal training programs;
- the work environment within departments discourages harassment and supports
individual's dignity and respect;
- formal complaints about harassment made to them are referred immediately to the
Office of the CAO; and
- maintenance of confidentiality regarding harassment complaints and
investigations.
D.
Employees are encouraged to:
- Become familiar with this policy ;
- Keep accurate records of any incidents of harassment, including time, place,
description of the incident and names and witness. This includes where they are
subject of harassment as well as incidents they have witnessed.
PROCEDURE
A.
Informal Resolution Option
- Communicating concerns directly to the alleged harassor:
Any employee who feels that he/she is being harassed is encouraged to make it
known to the harassor that his/her behaviour is unwanted. The employee
should inform the harassor, clearly and directly, that their behaviour isn't
welcome and must stop. This may be done verbally, or in writing. If in writing,
a copy of the letter should be kept by the complainant.
OR
- Communicating concerns to supervisor(s) or designate of their
choice:
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If the complainant feels comfortable he/she may discuss concerns related to
harassment with their immediate supervisor or a designate of their choice and
request their assistance in resolving the situation. Again, the complainant
should inform the alleged harassor clearly and directly that their behaviour isn't
welcome and must stop. The complainant should keep a record of the
discussion and if the concerns are communicated in writing, keep a copy of the
correspondence.
B.
Mediation
It may be appropriate to try to resolve a complaint through mediation before going to a
formal investigation. If the complainant and the alleged harasser agree, a qualified person
who is not employed by the Town will attempt to help them settle the complaint. The
mediator will not be involved in investigating the complaint, and will not be asked to
represent or assist the Town at any stage of any proceedings related to the complaint.
Either party has the right to decide to refuse mediation if they do not wish to participate
for any reason. If mediation does take place, each party can have someone accompany
and assist them at the mediation sessions.
C.
Formal Complaint:
- If informal processes are not effective in resolving the situation to the
satisfaction of the complainant or if the complainant prefers to file a formal
complaint immediately, the complainant may register their complaint of
harassment, in writing, with either;
(a) The office of the CAO;
(b) A Manager within their own Department
- Upon receiving a complaint, managers are responsible for taking immediate
action by referring the complaint to the office of the CAO.
- When a formal written complaint, signed by the complainant, is filed with the
office of the CAO, a copy of the formal complaint will be given to the
respondent named in the complaint. The respondent will be given a copy of
this policy and will be advised of the right to retain their own legal counsel or
be represented by any other person when he/she is required to be present
during the investigation process.
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- The complainant will be advised of the availability of counseling and support
services through the Town's Employee Assistance Program (EAP) and be
provided with advice and assistance on how to deal with the situation. The
complainant will also be informed of their right to retain and be represented by
their own legal counsel or other person of choice.
- Every formal complaint will be investigated. The CAO will investigate the
complaint, or appoint another person, either an employee of the Town or a
person from outside the Town with appropriate experience and expertise, to
investigate. The investigator(s) will interview the complainant, the
respondent, other individuals relevant to the case, and review any related
documentation. The investigator will decide whether, on a balance of
probabilities, the harassment took place.
- The investigator will prepare a written report of their investigation as quickly
as possible, preferably within two weeks of the formal complaint. The CAO
will decide what action to take, and inform both parties of the decision, in
writing, ideally within one week of the report being prepared.
- If the allegations are substantiated, the remedies for the victim may include an
apology, lost wages, or a promotion or transfer that was denied, depending on
the nature and severity of the harassment. In the event the complainant is not
satisfied with the results of the investigation, he/she may contact the Nova
Scotia Human Rights Commission.
DISCIPLINE
- If a complaint is substantiated, the seriousness and the effects of the
offense will be discussed with the harasser, and, unless the Town terminates
the employment of the harasser, they must:
i. agree to stop the harassment without any repercussions to the
complainant;
ii. agree to provide to the complainant a verbal or written
apology as appropriate to the circumstance, and the promise
that the action will not recur; and
iii. acknowledge and accept that appropriate disciplinary action
will be taken.
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- Disciplinary action for substantiated complaints will range from a verbal or
written reprimand to a suspension or dismissal. A verbal or written warning
may include a requirement for counseling and anti-harassment training.
- A member of management who is in receipt of an harassment complaint or is
aware of harassment and fails to take appropriate action, will be subject to
disciplinary action.
CONFIDENTIALITY
- All harassment inquires and complaints will be handled in a confidential
manner. Where an investigation is required, the investigation will be handled
with as much discretion as is consistent with obtaining the information needed
to make a decision on the complaint.
PROTECTION AGAINST RETALIATION
- Retaliation against a complainant will not be tolerated. No member of
management or staff will intimidate, discharge, suspend, or impose any other
penalty on, or otherwise discriminate against an individual who has made a
complaint or given evidence or assisted in any way in the investigation and
resolution of a complaint of harassment.
FALSE ACCUSATIONS
- Employees who make complaints that are fabricated with the intent of
damaging the integrity of an individual or individuals will be subject to
disciplinary action up to and including dismissal.
RECORDS
- If harassment has been substantiated, the incident will be documented in the
offender's personnel file. No formal record will be kept if the allegation is not
substantiated.
- All records pertaining to the investigation will be maintained by the CAO in a
confidential file.
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Annotation for Official Policy Book
Date of Notice to Council Members of
Intent to consider: November 12, 2009
Date of Passage of Current Policy: November 26, 2009
I certify that this was adopted by Council as indicated above.
_______________________ __ __________________
CAO / Clerk Date