Policy and Procedure Manual Agency Title Harassment Response Policy Reviewed Date Number HS0112 Revised Date Approved Date May 20, 2009 Introduction Simcoe Muskoka District Health Unit is committed to providing a working environment free of harassment by ensuring that all workplace parties are familiar with the definitions of harassment and understand their individual responsibilities for prevention and corrective action. Purpose The purpose of this policy is to define behaviour that constitutes harassment and to define procedures for reporting and resolving incidents of harassment. This policy applies to The Simcoe Muskoka District Health Unit Board of Health members, management, employees, students, volunteers and contractors. Legislative Authority The Occupational Health and Safety Act The Criminal Code of Canada The Ontario Human Rights Code The Workplace Safety and Insurance Act, 1997 The Compensation for Victims of Crime Act The Regulated Health Professions Act Policy Definitions and Interpretation Harassment Harassment is defined as any actual, attempted or threatened conduct of a person that causes, or is likely to cause, physical, psychological harm/injury/illness or that gives a person reason to believe that she/he or another person is at risk of physical, psychological harm/injury/illness. Harassment can take many forms. It can include name-calling, jokes, slurs, insults, graffiti, threats, unwanted physical contact, physical violence, or actions which make an individual feel uncomfortable. It may also include avoiding or excluding someone from taking part in a Simcoe Muskoka District Health Unit initiative on purpose. For the purposes of this policy, the term harassment includes, but is not limited to, any actual or attempted assault (for sexual assault see Policy HS0108 Sexual Harassment); any threat; any verbal or psychological abuse, bullying, mobbing, discrimination or working in a poisoned environment as defined below: Psychological Abuse o An act that provokes fear or diminishes an individual s dignity or self-worth or that intentionally inflicts psychological trauma on another. Threat o This is a communicated intent (verbal or written) to inflict physical, psychological or other harm on any person or to property by some unlawful act. Verbal Abuse o The use of vexatious comments that are known, or that ought to be known, to be unwelcome, embarrassing, offensive, threatening or degrading to another person, which causes the person to believe his/her health and safety are at risk. Page 1 of 5
Bullying o Bullying differs from harassment and discrimination in that the focus is rarely based on gender, race or disability. It is persistent and unwelcome and it is rarely a single incident and tends to be an accumulation of many small incidents. The focus is often on competence, or rather the alleged lack of competence of the bullied person. Mobbing o Mobbing is an emotional abuse in the workplace. It begins when an individual or group becomes the target of disrespectful and harmful behaviours. Mobbing is ganging up by co-workers, subordinates or superiors, to force someone out of the workplace through rumour, innuendo, intimidation, humiliation, discrediting and isolation. Discrimination o Discrimination occurs when individuals are treated differently, or prevented from getting the same opportunities that others have. Poisoned work environment o This is a form of discrimination which spoils the work environment because of comments or actions related to the prohibited grounds. It is not necessarily directed toward an individual, but creates an environment which is intimidating, hostile, humiliating or offensive and may interfere with work performance. Complainant: An individual who alleges that harassment has occurred. For the purposes of this policy, this would include staff, management, volunteers, and students. Respondent: Supervisor: The individual(s) who is alleged to be guilty of harassment. The person to whom an employee directly reports. Policy The Simcoe Muskoka District Health Unit will not tolerate any type of harassment within the workplace or at work-related activities. The Simcoe Muskoka District Health Unit Board of Health members, management, employees, students, volunteers and contractors recognize the potential for harassment and will therefore make every reasonable effort to identify all potential sources of harassment to eliminate or minimize these risks. Any acts of harassment perceived or otherwise, that cannot be resolved personally should be reported to the appropriate member of management. All complaints will be dealt with in a timely and confidential manner by the person receiving the complaint. Acts of harassment are subject to appropriate disciplinary action. Simcoe Muskoka District Health Unit will not tolerate any retaliation in any way against a person who has complained of harassment or threats, given evidence in a harassment investigation, or been found guilty of harassment. Anyone who retaliates will be subject to discipline in accordance with the health unit policy. It is assumed that all complaints are filed in good faith. Unfounded repetitive complaints filed by the same individual(s) will be reviewed by the Associate Director Corporate Service and be addressed accordingly. Filing a harassment complaint that the complainant or witness knows to be false (filed in bad faith) is a serious matter that is subject to disciplinary action. An employee reporting alleged harassment is not precluded from pursuing his/her rights under any other legislative or legal authority available to them. Page 2 of 5
Human resources will ensure that all management, staff, students and volunteers of the health unit participate in training. New staff will receive training as part of their orientation. This policy will be the subject of an ongoing awareness program for all employees. This policy is not intended to interfere with the appropriate and constructive feedback provided to employees by their Managers, Supervisors or colleagues. Procedures The following steps will be taken to eliminate or minimize the risks of harassment within the workplace: 1. Personal Resolution If you are the recipient or witness of an alleged harassment, you may wish to first try to handle the situation yourself. a) Request to meet with the respondent to discuss the issue. b) Identify clearly what is making you feel uncomfortable. What specific behaviours, statements, or printed materials are causing you discomfort? What is the situation? What happened? How is this situation making you feel and act? Has it changed the way you are working? Is harassment a part of what happened? How was it expressed? Was the harassment an action, was it words, or was it the posting of offensive material? Who was there when it happened? How were they involved? Was malice involved? What would you like to happen to resolve this problem fairly? c) Tell the person or the responsible party that the behaviour is unwelcome. Speak in terms of the specific behaviour, statement or situation and how it makes you feel. For example, When you said you smell bad, I felt angry and embarrassed or The poster you placed on your workstation wall uses language that offends me. d) Give the person an opportunity to respond. e) You should have your discussion as soon as possible and in as private a place as possible. f) If you do not want to confront the person or party responsible, or if you have taken these steps and are not happy with the response, the matter should be referred to your supervisor. 2. Informal Consultation and Complaint If you are the recipient or witness of an alleged harassment, and are not comfortable handling the situation yourself discuss the issue in full with your supervisor. With your permission, your supervisor will discuss the complaint with the respondent and the respondent s supervisor in an effort to reach a mutually acceptable resolution. This will be done without recourse to formal procedures. Page 3 of 5
The Supervisor will inform Human Resources of the alleged harassment immediately following disclosure from the employee. In the interest of the health unit, Human Resources may determine that the matter needs to be investigated more formally. 3. Formal Complaint If you are the recipient of an alleged harassment, you may submit a formal, written complaint to your Supervisor, or if the Supervisor is the alleged respondent then to their Supervisor. a) The complaint will be made in writing as soon as possible after the alleged incident(s) wherever possible. The complaint should include details of the incident(s), dates, times, places, witnesses and names of all those involved. b) The complaint must be signed and dated by the complainant. c) Any Supervisor who receives a formal, written complaint or report of harassment will forward the complaint to Human Resources and the Service Director. d) Human Resources will provide a copy of the complaint to the respondent, Supervisor and Service Director. e) The respondent is provided the opportunity to respond to the allegation in writing with a copy to the recipient and involved supervisor(s), Service Directors and Human Resources. f) A respondent who acknowledges wrong doing will be subject to corrective action as deemed appropriate (see below). g) If a respondent does not acknowledge any wrong doing, Human Resources will recommend to the Medical Officer of Health that an investigation commence. 4. Investigation An investigation is part of the formal complaint process. An investigation is initiated by the Medical Officer of Health upon the recommendation of Human Resources. a) The Investigation Team will: Interview all parties identified in the complaint. All parties are expected to cooperate in the investigation and any efforts taken to resolve the complaint. Information related to the complaint is confidential. Document the complaint, the response to the complaint, and maintain accurate records. Establish all facts (place, time, name, witnesses and details of the behaviour). Render their findings and conclusions based on facts gathered during the investigation to the complainant(s), respondent(s) involved and the Medical Officer of Health. b) A person directly involved in the complaint, may appeal the investigation team s findings to the Medical Officer of Health within 2 weeks of learning of the decision. The Medical Officer of Health will make a decision within one week whether there is sufficient reason to re-investigate. c) The Medical Officer of Health will render a decision on the corrective action to be taken and inform the complainant, respondent, Supervisor(s), Service Director(s) and Human Resources of the decision in writing. d) Investigation documents are kept sealed and stored in Human Resources and are only accessible by Human Resources or the Medical Officer of Health. e) If the investigation team does not find evidence to support the allegation, there will be no documentation concerning the complaint in the alleged respondent s personnel file. 5. Corrective Action In determining corrective action, the following will be considered: Page 4 of 5
The degree to which the incident undermines personal dignity, work relationships, working climate and /or degree of threat. Any record of previous offences, their nature and degree of severity. The effectiveness of the corrective measure in preventing repetition of the behaviour. The working relationship of the complainant and the respondent. The effects of the harassment on the complainant. Corrective action may include but not be limited to one or more of the following forms of discipline, depending on the severity of the harassment (may involve more than one corrective action; not necessarily in this order): A formal apology from the respondent Reassignment, change in working relationships, Counselling the respondent about inappropriate behaviour, Training provided to the respondent, Conditional, monitored or restricted access to the workplace, Disciplinary action as deemed appropriate. 6. Follow-Up Human Resources will initiate a follow-up to the investigation to be conducted within a period of three months in order to: Ensure the harassment has stopped; Ensure there are no incidents of reprisal; and, Assure the parties involved of the Agency s ongoing support, which could include personal development or additional training. 7. Mediation Mediation may be considered after the Medical Officer of Health renders a decision in order to assist the parties involved in returning to a positive working environment. The complainant and respondent may have a staff representative accompany him/her during this process. Forms Related Policies HS0109 Workplace Violence HR0305 Grievance HS0101 Health & Safety HS0108 Sexual Harassment HR0101 Employee Conduct Appendix Final Approval Signature: Review/Revision History September 2010 Policy re-numbered, previous number B3.190 Page 5 of 5