Prevention of Harassment, Discrimination, and Bullying Policy

Vancouver Community College (VCC; the College) is committed to providing a respectful working and learning environment that supports tolerance and diversity, and which is free of discrimination, harassment and bullying.

All students and employees are entitled to be treated with dignity and respect.

This policy applies to:

1. All College members including Employees, students, Board members, and volunteers.


2. Contractors, their employees and agents, visitors to the College, and other third parties (collectively, “Third Parties”) are expected to conduct themselves in any College-related activity in a manner consistent with this policy. Complaints raised by members of the College community against Third Parties, or by Third Parties against members of the College community, that allege discrimination, harassment and/or bullying in connection with a College-related activity will be dealt with by the College under this policy. 


3. The application of this policy and related procedures do not remove any statutory rights or obligations or any rights and obligations arising out of any policy or collective agreement, and may be modified in specific situations as reasonably necessary.

1. In accordance with the British Columbia Human Rights Code as amended, VCC believes in equitable treatment for individuals regardless of age, ancestry, colour, criminal conviction that is unrelated to employment or intended employment, family status, gender identity or expression, Indigenous identity, marital status, mental disability, physical disability, place of origin, political belief, race, religion, sex, and sexual orientation.


2. It is the responsibility of all College members to refrain from engaging in discrimination, harassment and bullying, and to contribute to a positive environment.


3. It is the College's policy that discrimination, harassment and bullying will not be tolerated. College members who violate this policy may be subject to a range of corrective measures, up to and including expulsion or dismissal from the College.


4. This policy will not be interpreted, administered, or applied to infringe on the academic freedom of students or employees. The frank discussion of controversial ideas, the pursuit and publication of controversial research, and the study and teaching of material with controversial content do not constitute discrimination, harassment or bullying, provided that such activities are conducted in a respectful and non-coercive manner.


5. Education and awareness are keys to understanding and eliminating discrimination, harassment and bullying. The College will offer educational and training programs designed to support the administration of this policy and to ensure that all students and employees are aware of their responsibilities under the BC Human Rights Code and this policy.


6. College members will be treated equitably under this policy. All matters arising under this policy will be dealt with in a fair, unbiased and timely manner.


7. Findings of discrimination, harassment, or bullying are determined on a balance of probabilities.


8. The filing of a complaint under this policy is the right of every College member and may be exercised without fear of retaliation. However, complaints of discrimination, harassment or bullying are serious matters. Persons who are found to have made frivolous, vexatious, or malicious complaints of discrimination, harassment or bullying may be subject to disciplinary action, up to and including expulsion or dismissal from the College.


9. Retaliation against any person who is involved in a complaint of discrimination, harassment or Bullying under this policy will not be tolerated by the College and may result in disciplinary action, up to and including expulsion or dismissal from the College.


10. Handling complaints of discrimination, harassment and bullying requires the collection, use, and disclosure of sensitive personal information. Confidentiality is required so that those who may have experienced discrimination, harassment or bullying will feel free to come forward, and so that the reputations and interests of those accused are protected. Confidentiality, however, must be distinguished from anonymity. For a complaint to proceed, the identity of the complainant and the details of the complaint must be released to the respondent and those involved in the investigation and disposition of the complaint. The complainant must therefore be prepared to be identified.


11. This policy is not to be interpreted, administered, or applied in such a way as to detract from the right and obligation of those in supervisory roles to manage and discipline employees and students in accordance with the College's collective agreements, policies and procedures. The exercise in good faith of the College's management rights for operational requirements, performance management or progressive discipline does not constitute bullying or harassment.


12. If a complaint made under another College policy contains allegations of discrimination, harassment, and/or bullying, this policy will apply to the handling and disposition of that complaint, except for Sexual Harassment and Safe Disclosures. Where the same or similar complaint is made pursuant to multiple College policies, the VP, People Services or their delegate, will determine the appropriate forum.


13. If a complainant pursues a course of action outside this policy in connection with a complaint of discrimination, harassment and/or bullying, the VP, People Services or their delegate may, in their sole discretion, decide to place the process under this policy in abeyance pending the conclusion of the other proceeding.

Advisors

The People Services Department, representatives of the Students' Union of Vancouver Community College (SUVCC), and representatives from CUPE and the VCC Faculty Association who receive concerns and allegations of discrimination, harassment or bullying.

BC Human Rights Code

A provincial law that protects people in British Columbia from discrimination and harassment in specific areas of daily life, including employment, housing, and services. It aims to ensure everyone can participate equally in society, fostering a climate of dignity and mutual respect while providing a means of redress for rights violations: https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/00_96210_01

College-Related Activity

An activity occurring on College property, at College sanctioned events, or under the authority of the College at another location. The activity must have a real and substantial connection to the College, or College-related functions, whether it occurs on campus, at an external location, or online.

Complainant

A person who claims to have been discriminated against, harassed or bullied in connection with a College-related activity.

Complaint

Allegation of discrimination, harassment or bullying in connection with a College-related activity.

Discrimination

Any treatment or action (verbal or behavioural), covert or overt, intentional or unintentional, that has the purpose or effect of creating a disadvantage for an individual or group based on a prohibited ground, and that has no bona fide and reasonable justification. Prohibited Grounds currently include age, ancestry, colour, criminal conviction that is unrelated to employment or intended employment, family status, gender identity or expression, Indigenous identity, marital status, mental disability, physical disability, place of origin, political belief, race, religion, sex, or sexual orientation.

Employee

Any employee of the College, including administration, faculty and staff who was employed with the College at the time of the alleged incident(s) outlined in a complaint.

Harassment and Bullying

Any inappropriate conduct or comment, or a pattern of behaviour, by a person towards a College member that the person knew or reasonably ought to have known would cause that College member to be humiliated or intimidated. Harassing or bullying behaviour may be written, verbal, physical, online, or electronic, a gesture or display, or any combination of these. The behaviour's frequency and severity are both factors in whether the behaviour would be included in the definition of bullying and harassment. When an employer or supervisor takes reasonable action to manage and direct workers, it is not bullying and harassment.

Prohibited Grounds / Protected Personal Characteristics

Current grounds of prohibited discrimination identified in the BC Human Rights Code including age, ancestry, colour, criminal conviction that is unrelated to employment or intended employment, family status, gender identity or expression, Indigenous identity, marital status, mental disability, physical disability, place of origin, political belief, race, religion, sex, or sexual orientation. Further definition can be found here https://www.bchrt.bc.ca/human-rights-duties/personal-characteristics

Record of Resolution

In the case of an informal resolution, the resolution report signed by both the complainant and the respondent; or in the case of a finding by the VP People Services or delegate regarding a complaint, the written report of their determination in the matter including a summary of the findings of fact and the discipline imposed, if any.

Respondent

A person against whom an allegation of discrimination, harassment or bullying is made in connection with a College-related activity.

Student

A person who is, or was, registered in full-time or part-time credit or non-credit courses offered by VCC.

Vexatious Report

A Report is considered vexatious when it is possible to demonstrate that the Report is without basis and that it was made with an intention to cause annoyance, embarrassment, or distress.

• Accommodation for Students with Disabilities (327)
• Freedom of Information and Protection of Privacy (501)
• Sexual Violence and Misconduct (210)
• Standards of Employee Conduct & Conflict of Interest (202)
• Student Non-Academic Conduct (324)
• Violence Prevention (211)

• College and Institute Act, RSBC 1996, c 52


• Human Rights Code, RSBC 1996, c 210


• CUPE 4627 Collective Agreement – Article 8


• VCCFA Collective Agreement – Common Agreement Article 2 and Local Agreement Article 24