Harassment Policy & Procedures
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Table of Contents
Policy
Policy Statement
Upon joining Vanguard College, the students, faculty, staff, and administration alike agree to abide by the responsibilities of community membership. The College insists that its members follow biblical principles of lifestyle and conduct and refrain from biblically prohibited practices.
Vanguard College is committed to providing a community in which all individuals are treated with respect and dignity, free from harassment. Vanguard College considers harassment a serious offence and will not tolerate harassing behaviour that may undermine the respect, dignity, self-esteem, or productivity of any student, faculty, staff, or administrative member. The Human Rights, Citizenship and Multiculturalism Act (the “Act”) governs the accomplishment of our objective of an environment of respect and dignity, subject to certain exceptions provided for not-for-profit and religious organizations.
Achieving a community free from harassment greatly depends on mutual respect, co-operation and understanding among students, faculty, staff, and administration. Attitudes and behaviour that undermine this goal are detrimental to all.
Vanguard College encourages students, faculty, staff, and administration to come forward with complaints. Unless complaints are reported and resolved, it is very difficult for Vanguard College to maintain a harassment free community.
Purposes
The purposes of this Policy are:
to promote and maintain a community in which all students, faculty, staff, and administration are treated with respect and dignity and are free from harassment;
to illustrate and clarify the types of behaviour that may be considered harassment;
to outline the roles and responsibilities of Vanguard College, its administration, faculty, staff, and students in fostering a community free from harassment; and
to establish guidelines for dealing with harassment complaints in an effective and timely manner, and a procedure for informal and formal review and resolution (as specified in the separate document Harassment Policy Procedures).
It is normally desirable, if possible, to resolve complaints of harassment internally. However, the procedures set out in this Policy, and the associated Harassment Policy Procedures document, do not preclude a person from exercising any other available legal rights.
This Policy is not intended to constrain ordinary social or personal interaction between and among students, faculty, staff, and administration. This Policy has been adopted to expressly communicate that harassment will not be tolerated in the Vanguard College community.
Seriousness
“But among you there must not be even a hint of sexual immorality, or of any kind of impurity, or of greed, because these are improper for God’s holy people. Nor should there be obscenity, foolish talk or coarse joking which are out of place, but rather thanksgiving”. Ephesians 5:3, 4 NIV
All complaints ofharassment will betakenseriously andwill be addressedin a confidential, impartial and timely manner. It is imperative that all students, faculty, staff, and administration understand the seriousness of any violation of this Policy. Violation of this Policy will not be tolerated and may be a disciplinary offence.
If the investigation reveals evidence to support the complaint of harassment, the harasser will be disciplined appropriately considering such factors as the severity of the harassment, whether such was intentional or unintentional, whether the incident is an isolated one, and any mitigating circumstances. Students, faculty, staff, and administration violating this Policy may be subject to a range of disciplinary sanctions. This may include, but is not limited to, a letter of reprimand, revocation of privileges, suspension, expulsion or termination of employment for cause. The incident will be documented in the harasser’s file. No documentation will be placed in the file of the person making the complaint (the “Complainant”) where the complaint was filed in good faith, whether the complaint is upheld or not. The Complainant will in any event be informed of the outcome of the investigation. No documentation will be placed in the file of the person accused (the “Respondent”) if the complaint is not upheld.
Retaliation
Retaliation includes actions or comments that trivialize the complaint or the person making the complaint. It also includes criticisms of the Complainant, the Respondent, or anyone providing information with respect to the complaint (the “Informant”).
To be more specific, retaliation includes, but is not limited to:
the Respondent confronting the Complainant or Informant inappropriately about the complaint;
the Respondent initiating conversations about the Complainant, the Informant, or the complaint with other students, faculty, staff, and administration in a negative way; or
in a case where the Respondent is in a position of power over the Complainant or the Informant, the Respondent making educational or employment decisions that could reasonably be seen to be retaliatory or accusing the Complainant or Informant of being disloyal.
A Respondent is not necessarily:
a person in a superior position;
a member of the opposite sex; or
aware that his/her behaviour is considered unwelcome.
Retaliation will not be tolerated. For the purposes of this Policy, retaliation will be treated as harassment and will be dealt with in accordance with this Policy when it is experienced and reported by any given individual who has:
invoked this Policy (whether on behalf of one’s self or another individual); or
participated in or co-operated in any investigation under this Policy; or
been associated with a person who has invoked this Policy or has participated in its procedures.
Malicious Complaints
Where, as a result of investigation, it is determined that a student, faculty, staff, or administrative member has made a complaint in bad faith or with the intent to harm another, Vanguard College may take formal disciplinary action against that Complainant. Malicious complaints will not be tolerated.
Confidentiality
Every effort will be made to keep complaints confidential. However, ultimate responsibility for determining the resolution of a complaint lies with Vanguard College, and where there is any risk to other students, faculty, staff, or administration, disclosure will be made to the extent necessary to remedy the situation. Furthermore, disclosure may be made to appropriate authorities where required by law.
Vanguard College shall not disclose to outside parties the name of the Complainant, the circumstances giving rise to the complaint, or the name of the Respondent, except where necessary for the purpose of investigating the complaint, taking disciplinary measures in relation thereto, or if required by law.
Initially, a Complainant may choose to discuss their concern with a Contact Person or Student Life division staff member without giving the name of the potential Respondent. The anonymity of both the Complainant and the Respondent must be respected until the Complainant or Vanguard College chooses a resolution process that requires identification. Vanguard College retains the right to initiate and conclude investigations it deems necessary.
A breach of confidentiality will be considered a breach of this Policy and will be subject to disciplinary action. Such a breach may be considered to be a form of harassment or a form of retaliatory conduct and would be dealt with as set out in Section 4.
Application of the Policy
Who is covered by this Policy?
This Policy applies to all students, faculty, staff, and administration attending or working for Vanguard College, regardless of seniority or position. It also applies to all individuals with whom Vanguard College conducts business, either internally or externally.
Vanguard College recognizes that its students, faculty, staff, and administration may be subject to harassment by those with whom Vanguard College conducts business. In these circumstances, Vanguard College acknowledges its responsibility to support and assist any person subjected to such inappropriate behaviour.
Where does this Policy apply?
The Policy is not restricted to Vanguard College’s campus and educational activities. It applies where there is a sufficient relationship between the conduct or comment, about which complaint is made, and the functioning of Vanguard College as an institution. It applies to all activities and events related to or in association with Vanguard College at:
- any location where Vanguard College classes or business activities are being carried out (e.g., offices, classrooms, grounds, cafeterias, meeting rooms and parking lots);
- other locations and situations (e.g., Vanguard College related travel, seminars, field trips, conferences, employee parties, after hour get-togethers, etc.) where the prohibited behaviour has or may be reasonably viewed as having a subsequent impact on the educational/work relationships, environment, orperformance.
The Policy does not apply to non-Vanguard College-related interactions or events such as chance encounters between Vanguard College employees in a social, church or community setting. Nor would it apply to activities planned by social, church, or community groups in which Vanguard College employees are involved separate from their Vanguard College responsibilities.
Definitions
What is harassment?
Harassment must be defined within the context of Vanguard College as a distinctive evangelical Christian College. Pursuant to the Vanguard College Act, the Government of Alberta has enabled Vanguard College to offer theological education with an underlying philosophy and viewpoint that is Christian.
Behavioral requirements and standards based on Christian faith and teachings established by Vanguard College officials for students, staff, faculty, or administration, when embraced and applied in an appropriate manner, do not constitute harassment. The key principle at all times is to honour the upholding of a person's dignity within the parameters of this educational Christian community.
Within these provisions then, harassment is defined by this Policy as conduct or comment, which ought reasonably to be known to be objectionable or unwelcome, and serves no legitimate work or education related purpose and which:
- detrimentally affects people within the work or educational environment; or
- has adverse job or education-related consequence, such as reduced job security or a negative impact on a student’s or employee’s advancement
Harassment is further defined as unwelcome verbal or physical conduct based on an individual’s characteristics or personal attributes (such as race, religious beliefs, colour, place of origin, gender, mental or physical disability, ancestry, etc.) when:
- such conduct might reasonably be expected to cause insecurity, discomfort, offence or humiliation to another person or group;
- submission to such conduct is made either implicitly or explicitly a condition of employment or education;
- submission to or rejection of such conduct is used as a basis for any employment or education based decision including, but not limited to, matters of promotion, raise in salary, job security, grades, or benefits affecting the student, faculty, staff, or administrative member; or
- such conduct has the purpose or the effect of interfering with a person's work or educational performance or creating an intimidating, offensive, or poisoned environment (see definition in Section 8.3).
Harassment can take place between individuals of the same or different status; it can involve individuals or groups. Both men and women can be the subject of harassment by either gender. Physical and sexual assault, stalking or threats of violence directed towards a student, faculty, staff, or administrative member, his/her family and their possessions are criminal matters and should also be referred directly to the local police department.
Examples of harassment as a form of discrimination could include, but are not limited to, any of these actions:
- persistent derogatory or demeaning comments, jokes, slurs;
- derogatory or demeaning posters, pictures, cartoons, graffiti, drawings;
- innuendoes, taunting, bullying, belittling or ostracizing;
- undermining a person’s dignity by causing embarrassment, humiliation, discomfort or offence;
- creating an intimidating, offensive, or poisoned environment (see Sect.8.3); and
- condescending, paternalistic, or patronizing behaviour which undermines self-esteem, diminishes performance, or adversely affects working or learning conditions.
Harassment does NOT include actions occasioned through exercising in good faith the employer's managerial/supervisory rights and responsibilities, or the good faith academic decisions of the faculty/staff/administrative member.
What is sexual harassment?
Sexual harassment is any unwelcome behaviour, sexual in nature that adversely affects, or threatens to affect, directly or indirectly, a person’s job security, working conditions or prospects for promotion or earnings; or prevents a person from getting a job, living accommodations or any kind of public service. Sexual harassment is usually an attempt by one person to exert power over someone else. It can be perpetrated by a supervisor, by a co-worker, by a landlord or a service provider. Sexual harassment is discrimination on the ground of gender and is prohibited in the Act. Sexual harassment is unwanted, often coercive, sexual behaviour directed by one person toward another. It is emotionally abusive and creates an unhealthy, unproductive atmosphere in the workplace.
Who is affected?
Males and females can both experience sexual harassment. Females can be sexually harassed by males, and men can be sexually harassed by women. Same-gender harassment (male to male or female to female) can also occur.
What constitutes sexual harassment?
Sexual harassment can be expressed in many ways, from very subtle to most obvious, through any of the following:
- suggestive remarks, sexual jokes or compromising invitations;
- verbal abuse;
- visual display of suggestive images;
- leering or whistling;
- patting, rubbing or other unwanted physical contact;
- outright demands for sexual favours; and
- physical assault.
This definition of sexual harassment is not meant to inhibit interactions or relationships based on mutual consent or normal social contact between students, faculty, staff, and administration. All students, faculty, staff, and administration must ensure that any relationships they enter into are “above reproach” and consistent with the teachings of the New Testament.
Harassment may occur during one incident or over a series of incidents. Some action may not be considered harassment unless repeated. Whether or not an individual intends to harass is not relevant.
What is a “Poisoned Work Environment”?
Harassment may also include conduct and comments which are not directed specifically at an individual but which nonetheless create a degrading, offensive or so-called “poisoned” work environment within a department or Vanguard College as a whole.
Examples of harassment that may lead to a poisoned work environment could include, but are not limited to:
- displaying of materials or graffiti which are degrading or derogatory with respect to race, ethnic origin or religious belief;
- displaying materials or graffiti that is sexually explicit;
- making derogatory comments about a minority group, even though no member of that group is present;
- telling sexist jokes to colleagues; or
- patronizing behaviour, language or terminology which reinforces stereotypes and undermines self-respect or adversely affects work or educational performance or working/learning conditions.
How do you assess whether conduct constitutes harassment?
While this Policy’s examples of harassment are not exhaustive, it has attempted to be definitive in the types of actions and behaviour that will not be permitted in Vanguard College’s community. In assessing whether conduct constitutes harassment, Vanguard College will adopt the legal standard of the reasonable person; that is, “what would the reasonable person think?”
The question is not whether the alleged harasser intended to offend, but rather, what would be the effect of his/her conduct on the reasonable person. This test will take into account the broad Vanguard College community context.
Harassment Procedures
Preamble
Vanguard College is committed to providing a workplace free from harassment for all employees and students. Harassment is contrary to Biblical standards and is a form of discrimination prohibited by law; Vanguard College does not tolerate such conduct. Harassment infringes on an employee's or student's right to a comfortable work and educational environment.
What To Do When Harassment Occurs
This policy outlines several steps which are available to any employee or student who feels that he/she has been harassed by any other employee or student at Vanguard College. They also have legal options available including the right to lay a complaint under the Human Rights, Citizenship and Multiculturalism Act and also under the Criminal Code of Canada.
Confidentiality
In order to protect the privacy and reputation of all parties involved in a complaint, each person must hold all details of the complaint in confidence throughout all stages of the process. Only those people involved with the complaint will have access to specific information except when disclosure on a “need to know” basis is necessary. No record of a complaint will be placed on the personnel filed of an employee unless the remedies involve discipline.
Resolution Options - Stage One
You may decide to tell the person responsible that his/her behaviour is not appropriate and request that it stop. Although this is difficult, in many situations it is the most effective method of eliminating the problem. In this informal stage no written records will be kept.
If this step is not successful or if the complainant is not comfortable taking that initiative, he/she may approach a contact person for assistance. Our Vanguard College contact people are the Dean of Students and the Chief Academic Officer.
Resolution Options - Stage Two
The complainant may decide to file a formal complaint if:
- he/she chooses not to meet with the respondent informally
- he/she met with the respondent and no agreement for resolution of the complaint was reached
- an agreement for resolution was breached by the respondent
Any student wishing to make a formal complaint must do so in writing and submit it to the Dean of Students of Vanguard College within one year of the latest alleged incident. Any faculty or staff wishing to make a formal complaint must do so in writing and submit to the President of Vanguard College within one year of the latest alleged incident. Complaints that exceed this time limit but are incurred in good faith and will not prejudice any person affected by the delay may still be accepted. Appended to the end of this policy you will find a complaint form that you may use.
The complaint will specify the details of the allegation including:
- names of the complainant and respondent
- a detailed description of the alleged harassment (dates, times, locations, witnesses) if available
- the specific remedy sought by the complainant
If the President of Vanguard College is the complainant or respondent, the complaint will be directed to the Chair of the Board of Directors of Vanguard College.
The President of Vanguard College will provide the respondent with a copy of the complaint and appoint an investigator.
The investigator will complete the investigation within thirty (30) working days or at a later date mutually agreed to by both parties and submit a report to the President of Vanguard College.
The Employer will take appropriate action and inform both parties in writing of the resolution.
Disciplinary and Rehabilitative Actions
Disciplinary and rehabilitative action resulting from an investigation may include one or more of the following:
1. A formal apology;
2. Counselling;
3. A change of work assignment of the accused person, and;
4. The suspension or discharge of the employee.
Spurious or false complaints are dealt with according to the same actions. In addition to the sanction that may be imposed by Vanguard College of the Alberta and N.W.T. District of the P.A.O.C., employees of Vanguard College who engage in harassment may expose themselves personally to damages in the event of a successful lawsuit or human rights hearing.
Record Keeping
An employee who believes he/she is being harassed should record all the details of the incident(s), including dates, times, location and possible witnesses. A record of incidents is not required to obtain assistance or to file a complaint. However, it may be useful in helping an employee/student remember details and could establish the basis of a harassment complaint.
If the complaint is resolved through informal action, no formal record of the names of the parties or the specifics of the complaint will be retained.
No formal records will be retained after one year of the creation of the record.
If there is a finding of harassment, the outcome of the investigation and any disciplinary action will be recorded in the personnel file of the respondent.
All student records shall be maintained in the strictest confidence and kept in the office of the Dean of Students of Vanguard College, while faculty or staff records will kept in the office of the President of Vanguard College. They shall not be used in any other proceeding affecting either the complainant or respondent unless properly part of a personnel file.
The appropriate office will maintain confidential records of complaints. Records will include the following information only: number of complaints, type of harassment and the nature or process of resolution.
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