AF-P5 - Dealing With Harassment

SECTION A Procedures: Foundations and Basic Commitments

Preamble – Explanations

Freedom from harassment in the workplace is a fundamental right of all employees, students, and parents/guardians.  The Prairie Spirit School Division will not condone or tolerate harassment in any form, whether it occurs on Division property or in relation to Division activities.

Individuals have the right to take assertive action when they encounter harassment in the learning or working environment.  An individual who believes he/she is being harassed by any person affiliated with the Prairie Spirit School Division shall follow the procedures herein set forth.

Definition of HARASSMENT

Consistent with the Human Rights Code, and the characteristics referred to in that code in Subsection 19(2), harassment is any one or more of the following:

• 1. a course of abusive and unwelcome conduct or comment undertaken or made on the basis of any of the following characteristics:

     1. ancestry, including colour and perceived race

     2. nationality or national origin

     3. ethnic background or origin

     4. religion or creed, religious belief, religious association or religious activity

     5. age

     6. gender, including pregnancy, the possibility of pregnancy, or circumstances related to pregnancy

     7. gender identity and determined characteristics or circumstances other than those included in subsection (vi)

     8. sexual orientation

     9. marital or family status

     10. source of income

     11. political belief, political association or political activity

     12. physical or mental ability or related characteristics or circumstance, including reliance on a dog guide or other animal assistant, a wheelchair or any other remedial appliance or device;

  2. a series of objectionable and unwelcome sexual solicitations or advances;

  3. a sexual solicitation or advance made by a person who is in a position to confer any benefit on, or deny any benefit to, the recipient of the solicitation or advance, if the person making the solicitation or advance knows or ought reasonable to know that it is unwelcome;

  4. a reprisal or threat of reprisal for rejecting a sexual solicitation or advance.

Harassment may occur in a number of ways.  Some examples may be student by a student, employee by employee, employee by student, student by employee, visitor by employee, employee by visitor, etc.

Explanation of SEXUAL HARASSMENT

Any repeated and unwelcome sexual comment, look, suggestion, or physical contact that creates an uncomfortable working or learning environment for the recipient.  It is made by a person who knows, or ought reasonably to know, that such attention is unwelcome.  Sexual Harassment may also be a single sexual advance, particularly one by a person in authority, that includes or implies a threat and/or a reprisal after a sexual advance is rejected.

Some examples of sexual harassment are:

• • unwanted, persistent or abusive sexual attention;

  • sexually oriented behaviour or remarks which create an intimidating, hostile, or offensive learning or working environment;

  • demeaning remarks based on gender;

  • suggestive jokes about sex;

  • sexually-oriented verbal “kidding” or verbal abuse;

  • inappropriate comments about clothing, physical characteristics, or activities;

  • leering, ogling, and suggestive or insulting sounds;

  • unwanted questions or comments about one’s private life;

  • unwanted physical contact, such as brushing up against one’s body, patting, grabbing, or pinching;

  • sexual assault (an offence under the Criminal Code);

  • subtle pressures for sexual activity;

  • suggestion or demands for sexual favours;

  • expressed or implied promise of reward for complying with a sexually oriented request;

  • the display of pornographic and/or exploitative pictures, cartoons, and graffiti in the schools and on other school division premises.  This includes pictures and/or messages on clothing.

Explanation of  RACIAL HARASSMENT

Words used or actions taken in an abusive or persistent manner by anyone, such that another person is disparaged or caused to feel humiliation because of her or his race, colour, creed, ancestry, place of origin, or ethnic origin.  Racial harassment may be overt or subtle, explicit, or in a disguised form such as humour or joking.

Some examples of racial harassment are:

• • slurs, gestures, name-calling, innuendoes or taunts about another’s racial or ethnic backgrounds;

  • similar remarks about other racial groups made in the presence of another employee or student;

  • unwelcome banter, “teasing” or jokes that are racially derogatory or present stereotypical portrayals of racial or ethnic groups;

  • displaying racist, derogatory or offensive pictures, materials, or graffiti;

  • refusing to study with, work with, or have contact with, an employee, volunteer, or student in the work/school setting because of her or his racial or ethnic background.

The study of other cultures does not constitute racial harassment.

Explanation of OTHER FORMS OF HARASSMENT

Other forms of harassment include discrimination, (overt, subtle, and covert) on the basis of gender, sexual orientation, disability or economic/social status.

Some examples of other forms of harassment are:

• • negative comments about the general unsuitability of an individual’s or a group’s educational or career goals to which they aspire; for example, generalizations about women’s “proper place” or men’s lack of ability in particular areas;

  • derogatory comments about an individual’s or a group’s moral, intellectual, economic, or social status;

  • unwelcome conduct or comment undertaken or made on the basis of medical circumstances or illness;

  • unwelcome conduct or comment undertaken or made on the basis of physical appearance/attributes;

  • unwelcome conduct or comment undertaken or made on the basis of gender identity or sexual orientation;

  • taunting, teasing, criticizing, or demeaning remarks about individuals, or group members as a category;

  • individual or group behaviour that is intimidating or threatening;

  • stalking;

  • unwanted or persistent invasion of personal space, including social media spaces;

  • bullying;

  • hazing.

Where and when do these PROCEDURES APPLY

The procedures apply to, but are not limited to harassment which occurs:

• 1. at a school or other Division facilities;

  2. outside of a school or other Division facilities;

  3. at a school or Division sponsored social function;

  4. in the course of an employment or school assignment outside of a school or other Division facilities;

  5. at an employment or school-related conference or training session;

  6. during employment or school-related travel; and

  7. communication medium (Internet [including social media, text messaging, websites or e-mails], telephone, mail).

What is NOT HARASSMENT

Consensual banter or romantic relationships, where the people involved agree with what is happening, are not harassment.  Appropriate performance reviews, counselling, or discipline by a superior or manager are not harassment.