Code of Conduct. Policy, Guidelines and Procedures

Transcription

1 Code of Conduct Policy, Guidelines and Procedures

2 Table of Contents Background...1 Right to Alternatives...1 Code of Conduct Policy...1 Roles and Responsibilities...1 Reports...4 Process Flowchart...6

3 BACKGROUND Bow Valley College is committed to establishing and sustaining a positive and dynamic learning and working environment within our diverse College community. To this end, Bow Valley College has developed a Code of Conduct policy that outlines, among other things, our commitment to the maintenance of a work environment that is safe and free from discrimination, harassment, violence, and threats of violence. The development of the Code of Conduct Policy, Guidelines and Procedures has involved many staff members over the past four years. In November 2001 the current policy was approved, but without detailed procedures and forms in place. The following Policy, Guidelines and Procedures now provide comprehensive information to all members of the College community on the Code of Conduct and sets out procedures for future investigations. RIGHT TO ALTERNATIVES In addition to the Code of Conduct process described in this document, the complainant has the right to pursue their concern through alternate procedures as appropriate. These alternatives include: Front line response Through their respective collective agreement mechanism Student appeals or any law of Alberta or Canada.

4 BOW VALLEY COLLEGE POLICIES, GUIDELINES AND PROCEDURES MANUAL CODE OF CONDUCT POLICY POLICY: CS-18 COLLEGE SERVICES Reviewed: Academic Council Approved: Board of Governors Approved: Academic Council Approved: Board of Governors Revised: Approved by the President POLICY Bow Valley College is committed to establishing and sustaining a positive and dynamic learning and working environment within our diverse College community. Actions of all members of our College community are expected to exemplify our guiding values of Integrity, Excellence, Concern for People, Respect for Diversity, Accountability, Teamwork and Trust. This commitment embraces: College community members conducting themselves in a manner that conveys respect for themselves, others and the College fair and equitable treatment of the College community provision for an orderly operation of the College protection of rights and recognition of responsibilities of College community members regardless of position or status protection of the well being and safety of College community members the principle that violence and threats of violence will not be tolerated maintenance of a work environment that is free from discrimination/harassment and violence the right to exercise the freedom of expression and engage in peaceful assembly the investigation and follow up of any contravention of the Code of Conduct Policy SA: Ethical Business Practices (HR-03) Learner Appeals (LS-14) Performance Standards (LS-02) Academic Honesty (LS-08) Computer and Networks (CS-16) Crisis Communications (CR-01) Emergency Evacuation Procedures (Staff and Client Orientation Handbooks) Date Developed: Revised: Page1

5 BOW VALLEY COLLEGE POLICIES, GUIDELINES AND PROCEDURES MANUAL CODE OF CONDUCT DEFINITIONS FOR THE PURPOSE OF THIS CODE OF CONDUCT Alberta Human Rights and Citizenship Commission Definitions: Discrimination/Harassment: Discrimination is defined as unjust practice or behaviour, whether intentional or not, based on race, religious beliefs, colour, gender, physical and/or mental disability, marital status, family status, source and level of income, age, ancestry, place of origin, sexual orientation and which has a negative effect on any individual or group. Harassment occurs when someone is subjected to unwelcome verbal or physical conduct. Possible Elements and Consequences of Discrimination/Harassment Please note this is not an exhaustive list. May be based on prejudice May favour or disadvantage one group over another May exclude an individual or group from a right or privilege May have consequences of indignity, injury or violence May interfere with conditions of employment or learning May create a poisoned environment Does not need to be intentional to be considered harassment. The question is whether a reasonable person ought to have known the behaviour was unwelcome or threatening Does not include legitimate exercise of supervisory authority Violence: Violence is the attempted, threatened or actual conduct of a person that causes or is likely to cause physical or non-physical injury. Date Developed: Revised: Page2

6 BOW VALLEY COLLEGE POLICIES, GUIDELINES AND PROCEDURES MANUAL CODE OF CONDUCT GUIDELINES 1. Bow Valley College community members are to comply with Alberta Human Rights, Citizenship and Multiculturalism Act the provisions of the Alberta Individuals Rights Protection Act, the Occupational Health and Safety Act, the Freedom of Information and Privacy Protection Act (FOIPP), any related policies and procedures established by the College and any other relevant legislation that applies to Canadian citizens and the residents of Alberta. 2. It is the responsibility of the College to: make widely available to College community members information regarding the Code of Conduct and legislation referred to therein ensure that members of the College community are able to access the Code of Conduct process through various communication methods (i.e. Public Folders, orientation materials, Human Resources or Counselling Services) encourage College community members to access their supervisor, Human Resources, Counselling Services or their collective bargaining unit representative for assistance 3. This policy applies to: Employees (full time or part time, and casual or contract employees) Contractors Volunteers Learners, in specific circumstances (see Guideline #4 below) Other individuals that are formally associated with Bow Valley College. 4. Typically, the College would expect learner issues to be resolved through the front line response process. However, in specific circumstances it may be appropriate for a registered learner to use this Policy to address a code of conduct concern. 5. All documentation regarding Code of Conduct concerns will remain confidential to the degree permitted by law. There will be no recriminations against the complainant or any witnesses as a result of a valid Code of Conduct complaint. Records will be maintained in accordance with the Bow Valley College record management policy. 6. Failure to comply with the Code of Conduct guidelines may result in the following range of disciplinary measures (this is not an exhaustive list): Change in employment status for an employee including suspension without pay and/or termination with cause Written warning Payment of restitution Withdrawal of a learner from a program Date Developed: Revised: Page3

7 BOW VALLEY COLLEGE POLICIES, GUIDELINES AND PROCEDURES MANUAL CODE OF CONDUCT PROCEDURES 1. Any employee, contractor, volunteer, or other individual formally associated with Bow Valley College who has a Code of Conduct concern should contact Human Resources who will discuss the issues raised and if appropriate advise them of the College s Code of Conduct Policy, Guidelines and Procedures which may be used to address the concern. 2. If a registered learner has been unable to resolve their issue through the front line response process they should contact Human Resources who will discuss the issues raised and if appropriate advise them of the College s Code of Conduct Policy, Guidelines and Procedures which may be used to address the concern. 3. If the Complainant decides to obtain redress through the College s Code of Conduct Policy they must complete a Complaint Report and forward it to the Chair of the Conduct Committee. The Chair will ensure that receipt of the complaint is acknowledged. 4. The Code of Conduct Chair upon receipt of the Complaint Form will: Review with Human Resources Manager If required select a committee of 3 to 5 persons, comprising members of the Code of Conduct Advisory Committee and/or members of the general College community, to conduct the review As a first step the committee may assign two investigators to review the complaint issues and report to the committee as to whether the complaint fits with College s Code of Conduct definitions and should be investigated 5. If the Complaint Committee determines that an investigation should take place: the Manager, Human Resources informs the complainant, respondent(s) and immediate supervisor(s) that a formal investigation will take place and the process that will be followed. the Conduct Chair assigns at least two investigators the Investigators complete their investigation (see the detailed Code of Conduct Process document) and submit their Investigation Report to the Complaint Committee for review. the Complaint Committee determines whether the complaint is substantiated. the Conduct Chair prepares a report for the Executive Team outlining the Complaint Committee s findings. the Executive Team makes a decision as to the appropriate course of action. the Conduct Chair advises the complainant and respondent of the decision. 6. If the Complaint Committee determines that the complaint does not fit within the College s Code of Conduct definitions the Conduct Chair will advise the complainant accordingly. Date Developed: Revised: Page4

8 ROLES AND RESPONSIBILITIES Code of Conduct Advisory Committee The Code of Conduct Advisory Committee is responsible for evaluating the Code of Conduct guidelines and procedures on a yearly basis. This review will occur in January for the previous calendar year. The Code of Conduct Advisory Committee will review related policies, procedures, and guidelines and recommend changes as appropriate. The Advisory Committee will promote practices, work collaboratively with College teams and Departments, and share their expertise in order to enhance a respectful work environment. The Advisory Committee is responsible for ensuring that due process is followed in any Code of Conduct investigation and will ensure that the College has a pool of trained investigators. In addition, after each incident the committee will follow up with assigned Investigators to review the procedures completed and make procedural recommendations. The committee will consist of eight to ten members appointed by the College Executive representing a cross-section of the College community. Code of Conduct Committee Chair The Code of Conduct Committee Chair will be one of the Vice-Presidents and have the following responsibilities: receives and reviews Complaint Reports with Human Resources Manager and/or Counseling Services ensures receipt of the Complaint Report is acknowledged convenes a Complaint Committee of three to five members for each complaint ensures the complainant(s) and respondent(s) are informed that a formal investigation is occurring assigns investigators to investigate complaints prepares new members of the Committee completes a Summary Report of the Committee s findings and presents to the Executive Team for decision advises complainant(s) and respondent (s) of Executive Team decision facilitates the administrative flow of the process within a reasonable time frame chairs committee meetings as appropriate Complaint Committee For each complaint received a Complaint Committee will be convened. Members will be selected who have demonstrated their leadership and interest in serving and/or who have appropriate training. The Committee will have the following role: determine the appropriate category of complaint review the Investigation Report in order to assist Chair in presenting findings to the Executive Team. Human Resources Manager The Human Resources Manager is an ex-officio member of the Code of Conduct Committee and has the following roles:

9 ensures First Line Response process is followed, if appropriate ensures the Code of Conduct Policy and due process are followed acts as the official contact person for both respondent and complainant regarding process, questions and follow up serves as a consultant and advisor to the process reviews any and all reports if required Investigators After a complaint has been assessed and determined to fit within the College s Code of Conduct definitions a minimum of two members trained in Code of Conduct investigation are assigned by the Chair to be Investigators. Their roles are to: conduct a formal investigation of the complaint by collecting information from complainant, respondent, witnesses and other relevant sources consult with other Committee members, the Chair and/or the Human Resources Manager as appropriate for advice and guidance complete an investigation report and report back to the Complaint Committee Complainant The person who initiates the Code of Conduct complaint is the complainant. It is expected that the complainant will participate and cooperate with the investigation process. The complainant may ask to bring a support person from within the College community to any interviews. Respondent The respondent is the person against whom a complaint of a Code of Conduct violation has been alleged. It is expected that the respondent will participate and cooperate with the investigation process. The respondent may ask to bring a support person from within the College community to any interviews. Witnesses Any member of the College community identified as a witness during the investigation is expected to participate and cooperate with the investigation process. Witnesses may also be from outside of the college community. Employees All employees are expected to behave within the boundaries set out by the Code of Conduct Policy. Employees should make themselves aware of the Code of Conduct Policy, Procedures and Guidelines. Human Resources Department Human Resources will ensure, along with the Code of Conduct Advisory Committee, that information regarding the Code of Conduct Policy, Procedures & Guidelines is widely available. Human Resources Staff can also be used as a resource for any concerns or questions employees may have regarding front line responses and the Code of Conduct procedures and guidelines.

10 Counselling Services Counselling Services can be used as a resource for any concerns or questions learners or employees may have regarding front line responses and the procedures and guidelines.

11 REPORTS No documentation regarding Code of Conduct concerns is placed on an employee s file. No documentation regarding Code of Conduct concerns is placed on a student s file, except for confidential counseling notes. All documentation regarding Code of Conduct concerns is kept by the Code of Conduct Chair for a period of 10 (ten years) from the date a decision is made. Complaint Report This report will be completed by the complainant and outlines his or her perspective of the concern with as many details as possible. This report must be signed by the complainant to verify the accuracy of the report. The report is available on computer format from Public Folders/Forms/Crisis and Emergency and as a paper format from Counseling Services, Human Resources, AUPE Executive, or the Faculty Association. The Complaint Report is accessible to the Code of Conduct Chair, the Complaint Committee members, the assigned investigators, and the Human Resources Manager for the purpose of assisting with the investigation. The information will be kept confidential to the degree permitted by law. Complainant s Statement The Complainant s Statement will be completed by the assigned investigators upon interviewing the Complainant. It is agreed and signed by the Complainant(s). A copy of the Complainant s Statement will be given to the Respondent. The Complainant s Statement is accessible to the Code of Conduct Chair, Complaint Committee members, the assigned investigators, and the Human Resources Manager for the purpose of assisting with the investigation. The information will be kept confidential to the degree permitted by law. Respondent s Statement The Respondent s Statement will be completed by the assigned investigators upon interviewing the Respondent. It is agreed and signed by the Respondent(s). A copy of the Repondent s Statement will be given to the Complainant. The Respondent s Statement is accessible to the Code of Conduct Chair, Complaint Committee members, the assigned investigators, and the Human Resources Manager for the purpose of assisting with the investigation. The information will be kept confidential to the degree permitted by law. Witness Statement(s) Witness statement(s) are completed by the assigned investigators upon interviewing each witness. Witness statement(s) are accessible to the Code of Conduct Chair, Complaint Committee members, the assigned investigators, and the Human Resources Manager for the purpose of assisting with the investigation. The information will be kept confidential to the degree permitted by law. Investigation Report This report will be completed by the investigators and submitted to the Complaint Committee. The Investigation Report is accessible to the Code of Conduct Chair, Complaint Committee members,

12 the assigned investigators, and the Human Resources Manager for the purpose of assisting with the investigation. The information will be kept confidential to the degree permitted by law. Summary Report This report will be completed by the Code of Conduct Chair and presented to the Executive Team. The Summary Report is accessible to the Code of Conduct Chair, Complaint Committee members, the assigned investigators, and the Human Resources Manager for the purpose of assisting with the investigation. The information will be kept confidential to the degree permitted by law.

13 PROCESS FLOWCHART