Prevention of Harassment, Discrimination, and Bullying Procedures

Support for individuals with concerns or complaints related to discrimination, harassment or bullying is available from Advisors. Advisors will provide individuals with advice regarding:

• possible actions the College member might take to resolve the situation directly and remedies available;


• whether the behavior(s) in question fall within the definitions of discrimination, harassment or bullying;


• possible procedures and options available under alternative policies or process.

The best resolution to situations involving objectionable behavior is usually, early informal resolution between the parties involved. Individuals are encouraged to document their concerns about any behaviours and any attempts they have taken to resolve the issues.

Informal Resolution

A. Early Resolution

1. Any College member with concerns about discriminatory, harassing or bullying behavior, is strongly encouraged, to first speak with the respondent, inform the respondent of their discomfort with the behaviour, and ask the respondent to stop and/or take corrective or remedial action; often this is all that is required, for the objectionable behavior to cease.


2. Complainants who are not comfortable speaking directly with the respondent, should seek advice from an appropriate Advisor.


3. If the complainant is not satisfied with the outcome of the discussion with the respondent or the issue is not resolved satisfactorily, the complainant should seek advice from an appropriate Advisor.


4. If the complainant matter is not resolved after advice from an Advisor has been sought, or under alternative polices, process(es) or the collective agreements of unionized the complainant may continue to try and resolve informally or proceed to formal resolution.


5. An Advisor may be legally obligated to act on an issue identified by a complainant, and move to Formal Resolution.

Formal Resolution

A. Filing a Complaint

6. A complaint alleging discrimination, harassment or bullying must be made in writing, and must contain particulars of the alleged incidents, including the names of the complainant and the respondent, a detailed description of the relevant facts (including dates, times and places), the names of any witnesses, and the remedy the complainant is requesting.


7. The complaint must be filed with the office of the Vice President, People Services. The VP People Services or their delegate will be the senior administration responsible for the complaint. 


8. In the case of a complaint involving the Vice President, People Services, the senior administrator shall be the President or delegate. In the case of a complaint involving the President, the senior administrator shall be the Chair of the College's Board of Governors or delegate. 


9. Except in exceptional circumstances, a complaint must be filed within twelve (12) months of the alleged contravention. If a continuing contravention is alleged in a complaint, the complaint must be filed within twelve (12) months of the last alleged instance of the contravention. 


10. The VP, People Services or their delegate will review the omplaint to determine whether the complainant's allegations, if proven, would fall within the scope of the policy. The VP, People Services or their delegate may decide to interview the complainant to assist in making this determination. If the VP, People Services or their delegate determines that the complaint does not fall within the scope of the policy, they will:
    
    
    
    1. immediately advise the complainant in writing of the determination; and
    
    
    2. refer the complainant, as appropriate, to other College policies that may address the matter, or to other services within or outside the College that may be able to provide assistance.
    
    
    
    


11. The complainant may apply to the VP, People Services or their delegate to withdraw all or part of a complaint at any stage of the process.


12. The College's legal responsibility to provide an environment free from discrimination, harassment and bullying may require the College to initiate and/or proceed with a complaint on its own initiative. In such cases, the VP, People Services or their delegate will decide whether or not to proceed under the policy or under other applicable College policies and procedures.

B. Responding to a Complaint

13. If the VP, People Services or their delegate determines that the complainant's allegations, if proven, would fall within the scope of the policy, the VP, People Services or their delegate will:
    
    
    
    1. immediately notify the respondent of the complaint;
    
    
    2. provide the respondent with particulars of the allegations contained in the complaint;
    
    
    3. provide the respondent with copies of the policy and these procedures;
    
    
    4. invite the respondent to respond to the complaint; and
    
    
    5. in confidence, and on a need-to-know basis, advise the applicable supervisor(s) and/or other appropriate College personnel that a complaint has been made;
    
    
    6. Advise the complainant of the availability of the complaint process through the BC Human Rights Tribunal.
    
    
    
    


14. If the respondent wishes to respond to the complaint, the response must be in writing, and must contain a detailed reply to the allegations in the complaint (including dates, times and places), and the names of any witnesses.

C. Interim Measures

15. Where the VP, People Services or their delegate considers it appropriate to do so, the VP, People Services or their delegate may put interim measures into place pending the disposition of the complaint. The VP, People Services or their delegate shall ensure that such measures are non-punitive in nature.


16. In particular if the complainant is a student, the VP, People Services or their delegate shall ensure that the student's continued learning is not impacted by the discrimination, harassment or bullying or by the complaint procedure. If the student's learning is/will be impacted, the student may be referred to Counselling so that appropriate support is provided.

D. Informal Resolution / Mediation

17. The VP, People Services or their delegate may seek to resolve the complaint informally, with the consent of the complainant and the respondent.


18. The VP, People Services or their delegate may appoint an external mediator to assist in the informal resolution of the complaint, subject to and in compliance with any applicable collective agreement requirements.


19. All communications between the parties during informal resolution meetings shall be without prejudice and confidential, meaning it cannot be used by any parties as evidence in a later part of the process such as the investigation.


20. If an informal resolution acceptable to both the complainant and the respondent is reached, the VP, People Services or their delegate:
    
    
    
    1. prepare a Record of Resolution for signing by both parties; and
    
    
    2. provide assistance to facilitate the implementation of the terms set out in the Record of Resolution.
    
    
    
    

E. Investigation

21. If either party chooses not to participate in an informal resolution, or if the informal resolution process does not result in an agreement, or if the VP, People Services or their delegate determines in their sole discretion that it is not appropriate to seek an informal resolution, the VP, People Services or their delegate may either:
    
    
    
    1. order that the complaint proceed to a formal investigation; or
    
    
    2. subject to any applicable collective agreement requirements, make a decision regarding the complaint if the VP, People Services or their delegate determines in their sole discretion that it is possible to do so based on the information contained in the complaint and the response.
    
    
    
    


22. If the VP, People Services or their delegate orders a formal investigation, the VP, People Services or their delegate shall make arrangements for the appointment of an investigator, subject to and in compliance with any applicable collective agreement requirements.  The investigator may be an internal or external investigator and will be determined by the VP, People Services or their delegate in their sole discretion based on all the circumstances and parties to the Complaint.


23. The VP, People Services or their delegate will provide the investigator with terms of reference for the investigation, copies of the complaint and the response, and the timeline for completing the investigation and report.


24. The investigator will interview the complainant, the respondent, and any witnesses the investigator believes may have information relevant to the complaint. The investigator will review any documents considered to be relevant. During the investigation, the investigator shall ensure that the respondent is provided with a fair opportunity to respond to the complainant's allegations.


25. If the complainant or the respondent refuses to cooperate with the investigator, the investigator may proceed with the investigation without that person's input.


26. After completion of the investigation, the investigator will prepare a report setting out:
    
    
    
    1. the investigator's findings of fact regarding the allegations contained in the complaint;
    
    
    2. the investigator's findings regarding credibility; and
    
    
    3. any other information, findings or recommendations that are set out in the investigator's terms of reference.
    
    
    
    


27. The investigator's report will be delivered to the VP, People Services or their delegate.


28. The investigator's report will not normally be disclosed to the parties, unless the VP, People Services or their delegate decides disclosure is beneficial in the circumstances. The report shall be disclosed if required by applicable collective agreement provisions or by law, and in accordance with Freedom of Information and Protection of Privacy legislation.

F. Decision

29. The VP, People Services or their delegate will review the investigator's report and make a decision regarding the complaint.


30. If the VP, People Services or their delegate determines that the respondent has not engaged in discrimination, harassment or bullying  or otherwise violated the Policy, the VP, People Services or their delegate will:
    
    
    
    1. dismiss the complaint; and
    
    
    2. prepare a Record of Resolution which will be provided to the complainant and the respondent.
    
    
    
    


31. If the VP, People Services or their delegate determines that the respondent has engaged in discrimination, harassment or bullying or has otherwise violated the policy, the VP, People Services or their delegate will:
    
    
    
    1. obtain and review any previous Record(s) of Resolution involving the respondent;
    
    
    2. if the respondent is an employee, review the respondent's personnel file;
    
    
    3. if the respondent is a student, review the respondent's student file and consult with the Associate Vice President Student and Enrolment Services or their designate;
    
    
    4. make a decision regarding the sanction or penalty, if any, to be imposed on the respondent, provided that if any sanction or penalty requires approval by the President, the VP, People Services or their delegate shall make a recommendation to the President who shall then make the decision;
    
    
    5. make a decision regarding the remedy, if any, to be provided to the complainant;
    
    
    6. prepare a Record of Resolution which will be provided to the complainant and the respondent (edited as necessary to protect confidentiality), and filed in the respondent's personnel or student file; and
    
    
    7. take any other steps considered to be appropriate in the circumstances.
    
    
    
    


32. If an investigation concludes that a College member has made a Vexatious Complaint, that College member may be subject to disciplinary action, up to and including expulsion or dismissal from the College.

G. Records

H. Timely Processing of Complaints

38. Complaints filed under the policy will be processed by the College as expeditiously as possible.


39. The College expects all participants to cooperate in the timely disposition of complaints.


40. Any person who interferes with or obstructs the timely investigation or disposition of a complaint may be subject to disciplinary action.