Respectful Workplace
Section A:
Foundations and Basic
Commitments
Code:
AE
POLICY
The Hanover School Division Board of Trustees believes in providing a safe and respectful work and
learning environment for all students, staff, contractors, vendors, and the general public so far as
reasonably practicable. No one, whether a supervisor/manager, a staff member, a student, a contractor, a
vendor or any member of the general public should be subjected to discrimination, harassment, sexual
harassment, personal harassment, bullying (including cyberbullying), disrespectful or violent behaviour,
for any reason, at any time; no one has the right to discriminate against, harass, bully, show disrespect or
violence towards anyone else, at work/school or in any related situation.
Usually, harassment can be distinguished from normal, mutually acceptable socializing. It is important to
remember that it is the perception of the receiver of the potentially offensive message, be it spoken, a
gesture, a picture or some other form of communication which may be deemed objectionable or
unwelcome that determines whether something is acceptable or not.
The policy applies to all staff and students of Hanover School Division including persons employed or
contracted by Hanover School Division. The policy also applies to:
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Any location where the business of Hanover School Division is being carried out, and
Other locations and situations such as during business travel, attendance at conferences and trade
shows, work-related social gatherings or other locations where the prohibited behaviour may have a
subsequent impact on the work relationship, environment or performance.
In Hanover School Division, diversity, justice and equality are deeply valued. We strive to promote them
in every aspect of life and work. Hanover School Division will not tolerate or condone any type of
behaviour which contravenes this policy and will take the necessary and appropriate action to address
situations that occur which are a breach of this policy. A serious infraction which warrants disciplinary
action may be considered grounds for suspension or dismissal.
It is the responsibility of every staff member to conduct him/herself in a manner consistent with this policy.
A student, employee or member of the school community, who believes she/he is being harassed by a
person in a position of authority, or by a co-worker, or by any other person affiliated with the school
division, should report the incident immediately following the procedures herein set forth.
GUIDELINES
1. Confidentiality
Confidentiality must be distinguished from anonymity. The complainant who wishes to seek a remedy
must be prepared to be identified to the alleged harasser. Confidentiality of the persons involved in
an investigation shall be maintained as appropriate and as allowed by law to protect both the
complainant and the alleged harasser against unsubstantiated claims which might result in harmful or
malicious gossip.
All aspects of an investigation (i.e. conversations, documents, identities of the parties) are protected
by the Freedom of Information and Protection of Individual Privacy Act. Parties to a complaint are
advised to refrain from discussing the complaint with anyone else.
Policy:
Respectful Workplace
Adopted:
May 20, 2008
Revised:
May 17, 2011
Page 1 of 12
Respectful Workplace
Section A:
Foundations and Basic
Commitments
Code:
AE
It must be recognized that, to the extent that the parties choose to initiate proceedings or make
comments outside the organization’s internal complaint procedure, confidentiality cannot be
guaranteed.
2. Harassment
2.1. Harassment is not:
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Appropriate performance reviews, counselling, coaching or discipline by a supervisor or
manager
Day-to-day management or supervisory decisions involving work assignments, and
implementation of appropriate dress codes, provided they are carried out in a manner that is
reasonable and not abusive
Physical contact necessary for the performance of the work using industry/professional
standards
Conflict or disagreements in the workplace that are not based one of the prohibited grounds
and would reasonably be considered as acceptable within a workplace setting
Occasional misunderstandings, thoughtlessness or poor communication
Reasonable words or actions related to isolated stress or frustrations encountered in the
performance of work duties
Consensual banter or conduct, or romantic relationships, where the people involved do not
find it offensive or unwelcoming and consent to what is happening
2.2. Defining Harassment
Harassment is defined as any objectionable or offensive conduct, comment, action, gesture or
display, directed at a person or group of persons that degrades, demeans, humiliates or
embarrasses and that a reasonable person should have known would be unwelcome, thus
creating an uncomfortable, hostile and/or intimidating work and learning environment.
Harassment also includes an improper use of power or authority inherent in a person’s position.
It is behaviour that is unwelcome, vexatious, hostile, inappropriate and unwanted and that:
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Threatens the health or safety of a staff member
Endangers a staff member’s job or threatens the economic livelihood of the staff member
Undermines the staff member’s job performance or negatively interferes with the staff
member’s career in any other way
Adversely affects the staff member’s dignity or psychological or physical integrity
Results in a harmful workplace for the staff member
Harassment may be a one-time event or series of incidents and may also exist systemically as
part of the work environment.
Retaliatory behaviour in response to a complaint is also considered to be harassment.
2.3. Harassment on Human Rights Grounds (Discrimination)
Harassment under Human Rights Law is defined as a course of offensive and unwelcome
conduct or comment made on the basis of a person’s:
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Policy:
Age
Ancestry, including colour and perceived race
Ethnic background or origin
Gender-determined characteristics or circumstances
Marital or family status
Nationality, national origin or citizenship
Physical or mental disability
Respectful Workplace
Adopted:
May 20, 2008
Revised:
May 17, 2011
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Section A:
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Foundations and Basic
Commitments
Code:
AE
Political belief, political association or political activity
Record of offences
Religion, creed, religious belief, religious association or religious activity
Sex, including pregnancy, the possibility of pregnancy or circumstances related to pregnancy
Sexual orientation
Source of income, including funding, financial or economic status
2.4. Sexual Harassment
Sexual harassment is defined as any type of sexually-orientated conduct, comment or gesture
whether intentional or not, that is unwelcome, offensive or unsolicited and has the purpose or
effect of creating a work environment that is hostile or offensive. (See chart A for examples.)
2.5. Personal and Psychological Harassment
Personal and psychological harassment is also known as “bullying” and can include abuse of
authority. This consists of abusive and unwelcome comments and behaviours or actions that
offend, abuse, intimidate, humiliate, demean or cause loss of dignity to an individual and can
often have the effect of interfering with a person’s work performance. Personal harassment can
take place between peers and it can take place between individuals where there is a power
imbalance. (See chart A for examples.)
Bullying
Face-to-Face Bullying: “takes place when there is a power difference between the bully and the
victim” (Harris, Petrie and Willoughby, 2002). Bullying can be a complex, unprovoked, aggressive
act (verbal, physical, social or psychological) that typically is repeated over time, but it may also
be a onetime event, with the intent of a person or group in a position of power, to oppress, hurt, or
cause undue stress to a victim, psychologically, socially, emotionally, or physically. (See chart B
for examples.)
Acts of bullying can be directly or indirectly focused on the victim and include direct or indirect
verbal, physical, and social acts of aggression, which also includes willful acts or attacks on the
personal property of a victim.
Acts of bullying can also include acts to hurt based on ability, culture, ethnicity, gender, sexuality,
sexual orientation, physical appearance, age, religion, socioeconomic status, and willful acts on
the personal property of a victim.
Cyberbullying
Cyberbullying is the use of information and communication technology to bully, embarrass,
threaten or harass another student/person. It also includes the use of information and
communication technology to engage in conduct or behaviour that is derogatory, defamatory,
degrading, illegal, and/or abusive.
“Cyberbullying consists of covert, psychological bullying, conveyed through the electronic
mediums such as (but not limited to) cell phones, texting, web-logs, on-line chat rooms, “MUD”
rooms (multi-user domains where individuals take on different characters) and Xangas (on-line
personal profiles where some adolescents create lists of people they do not like). It is verbal (over
the telephone or cell phone), or written (flaming, threats, racial, sexual or homophobic
harassment) using the various mediums” (Shariff and Gouin, 2005).
Under the Criminal Code of Canada, it is a crime to communicate using the Internet, repeatedly
with someone, if the communication causes them to fear for their own safety or the safety of
others. Writing something that is designed to insult a person or likely to injure a person's
reputation by exposing him or her to hatred, contempt or ridicule is called “defamatory libel” and is
Policy:
Respectful Workplace
Adopted:
May 20, 2008
Revised:
May 17, 2011
Page 3 of 12
Respectful Workplace
Foundations and Basic
Commitments
Section A:
Code:
AE
a criminal offense. A cyberbully may also be violating the Canadian Human Rights Act if he or
she spreads hate or discrimination based on race, national or ethnic origin, colour, religion, age,
sex, sexual orientation, marital status, family status or disability.
Abuse of authority: is harassment that occurs when a person in a position of authority uses their
position unreasonably and with the intent to interfere with a staff member or the staff member’s
job through the use of humiliation, intimidation, threats or coercion. A “person in authority” is
typically someone who has the ability to influence or impact the working conditions of others.
Chart A: Examples of Harassment
Human Rights Grounds
 Insulting gestures, remarks,
jokes, innuendoes or
taunting based on any of the
previously mentioned
prohibited grounds or about
adornments and rituals
associated with cultural or
religious beliefs
 Displaying racist, derogatory
or offensive written or visual
material
 Racial or ethnic slurs,
including racially derogatory
nicknames
 Unwelcome inquiries about a
person’s source of income or
funding
 Racially motivated threats,
intimidation or physical force
 Any action, verbal or
physical, that expresses or
promotes racial intolerance
 Refusal to work with or
cooperate with a staff
member or co-worker
because of any prohibited
grounds.
 Any action, verbal or
physical, that expresses or
promotes racial intolerance,
prejudice, discord or hatred
Policy:
Respectful Workplace
Sexual
 Unwelcome sexual jokes,
language, advances or
propositions
 Written or verbal abuse of a
sexual nature, sexually
degrading or vulgar words to
describe an individual
 The display of sexually
suggestive or pornographic
objects, pictures, posters or
cartoons
 Unwelcome comments or
taunting about an individual’s
body size, attire, sex or
sexual orientation
 Inquiries or comments about
a person’s sex life or sexual
preferences
 Unwelcome touching, leering,
whistling, brushing against the
body, pinching, patting,
kissing or suggestive,
insulting or obscene
comments or gestures
 Sexual assault
 Demanding sexual favors in
exchange for favorable
reviews, assignments,
promotions, or continued
employment, or promises of
the same
 Refusing to work with or have
contact with workers because
of their sex, gender or sexual
orientation
Adopted:
May 20, 2008
Revised:
Personal and Psychological
 Written or verbal abuse, threats
and/or patronizing comments that
are humiliating, demeaning or
threatening
 Condescending remarks or
behaviour which undermines selfrespect
 Misuse of authority such as
deliberately punitive assignments
 Reprimanding and belittling an
individual publicly
 Threats to one’s employment,
working conditions or personal
security
 Dismissive gesture, or comments
 Using patronizing behaviour,
language or terminology which
reinforces stereotypes and
undermines self-respect or
adversely affects work
performance or working / learning
conditions
 Practical jokes that cause
awkwardness or embarrassment,
that endanger a staff member’s
safety or negatively affects work
performance
 Spreading rumours or gossip about
another individual
 Isolating an individual or refusing
to work with an individual without
justifiable reasons
 Displaying graffiti or other material
which is racist, sexist, sexually
explicit, ethnic-based, religious,
offensive, degrading or derogatory
 Unwelcome remarks, jokes,
innuendoes, or taunting about a
person’s appearance, body, height,
weight, or attire
May 17, 2011
Page 4 of 12
Respectful Workplace
Section A:
Foundations and Basic
Commitments
Code:
AE
Chart B: Examples of Bullying
Type of Bullying
Physical
Verbal
Direct
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Social
Psychological
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Aggression
Fighting
Kicking
Punching
Pushing
Destruction of personal property
Stealing or demanding personal property
Obscene gestures
Acts of violence against family or friends
Threatening with a weapon
Name calling
Teasing
Mocking
Racist insults – ethnic slurs
Targets of offensive language
Verbal threats against friends, family,
personal property
Discrimination based on factors such as
ability, culture, ethnicity, gender, sexuality,
sexual orientation, physical appearance, age,
religion, socioeconomic status
Electronic/Cyber websites, blogs, emails, text
messages, pictures
Written notes/threats - graffiti
Intimidation by fear or threat
Belittling comments
Degrading
Demeaning comments
Patronizing statements
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Indirect
Having another person or
group of people involved in
an act of aggression
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Spreading rumours
Embarrassing
Setting up to look foolish
Revealing personal
information
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Isolation from a group
Exclusion
Avoiding
Ignoring
Gossiping
Manipulating social order
Rejection
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Coercion
Playing a dirty trick
3. Violence
3.1. Defining Violence
Workplace violence is defined as the exercise of using physical force by a person(s) against a
staff member or student in a workplace that causes or could cause physical harm or injury to that
staff member or student. It also includes the threat, real or perceived, of any act of physical force
or aggression. Examples of workplace violence include but are not limited to:
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direct, conditional or veiled threats
practical jokes that could cause embarrassment or physical harm or injury
vandalism of personal property
use of or threat to use a weapon
Workplace violence can take place in the workplace itself, or outside the workplace in a situation
that is somehow connected to work. This includes threatening phone calls from one staff
member to another at his or her home, or any kinds of verbal or written threats or violent actions
against a staff member’s family or property.
Policy:
Respectful Workplace
Adopted:
May 20, 2008
Revised:
May 17, 2011
Page 5 of 12
Respectful Workplace
Section A:
Foundations and Basic
Commitments
Code:
AE
Consequences must be consistent with the Canadian Charter of Rights and Freedoms and the
Human Rights Code, as well as the following regulations of the Appropriate Educational
Programming Standards for Student Services:
In cases involving students Hanover School Division will:
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Provide reasonable accommodation for students and training for staff who are working with
students who have exceptional learning, social, or emotional needs that may affect their
behaviour;
Take into consideration a student’s ability to comply with any disciplinary actions, along with
the amount of support required (MR 468/88);
Inform students, staff, and parents of the discipline policy of the division along with behaviour
expectations, interventions, and logical consequences of any inappropriate
actions/behaviours (PSA 58.6, MR 77/05);
Keep accurate and up-to-date records of all student suspensions (in-school and out-ofschool) (MR 468/88);
Offer and make arrangements for alternative programming for students who are suspended
for more than five days. This could include but is not limited to:
o Work at home
o Alternative programming at a different location
o Distance learning
o Offer and arrange alternative programming for any student under the age of 16 who has
been expelled (MR 468/88).
3.2. Domestic Violence
If Hanover School Division becomes aware of domestic violence that would likely expose a
student or a staff member to physical injury or harassment in the workplace, every precaution
reasonable in the circumstances will be taken for the protection of the student or staff member.
This could include:
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Preparing an emergency security plan including procedures for contacting police
Exploring options for voluntary relocation of the victimized staff member
Exploring options to prevent the staff member from having to deal with harassing electronic
communication of any type including telephone calls, e-mails, faxes and text messages
Displaying domestic violence prevention information and resource lists
Inviting community resources to provide sessions on domestic violence to staff members,
supervisors and managers
Distributing a statement that the organization does not tolerate acts of violence in the
workplace including domestic violence
4. Rights and Responsibilities
4.1. Staff members
All staff members are responsible for ensuring that the work environment is free from
discrimination, harassment and violence. Staff members are expected to treat each other with
respect and to speak up if they are or someone else is being harassed, discriminated against or
being treated with disrespect. All staff members also have a responsibility to report incidents of
harassment, discrimination or violence to their immediate supervisor, and to co-operate in any
investigations, should they occur. All staff members are responsible for respecting the
confidentiality of anyone involved in a complaint or an investigation.
Policy:
Respectful Workplace
Adopted:
May 20, 2008
Revised:
May 17, 2011
Page 6 of 12
Respectful Workplace
Section A:
Foundations and Basic
Commitments
Code:
AE
Staff members have the right to file a complaint directly with the Manitoba Human Rights
Commission or the Workplace Safety and Health Division. Staff members are encouraged to
follow divisional protocol when filing a complaint and to report directly to their principal/supervisor.
If they choose not to, it is important that before filing a complaint with the Workplace Safety and
Health Division, the staff member must ensure that the person responsible for the behaviour is
requested either verbally or in writing to stop the behaviour. If a staff member does file a
complaint with another body, s/he must give a copy of the complaint to their immediate supervisor
and the Superintendent.
If a complaint has been filed, a staff member also has the right to refuse to work if the reported
behaviour substantially interferes with the staff member’s ability to perform his or her work and
the staff member reasonably believes the behaviour will continue, or the staff member’s health or
safety is jeopardized by continuing to work. If a staff member refuses to work, s/he must advise
his or her principal/supervisor and complete a “Refusal to Work” form identifying the reasons for
refusing to work. A copy of this notification must be given to the Superintendent. If it is
determined that the staff member does not have to work, he/she will be allowed to remain off-site,
with pay, until disciplinary or other action has been taken, or reasonable alternative work
arrangements have been made for the staff member.
4.2. Principals and Supervisors
All principals and supervisors are responsible for creating and maintaining a work environment
that is free from discrimination, harassment and violence. This includes ensuring that this policy is
accessible and communicated to their staff members. They are also responsible for setting an
example for appropriate workplace behaviour and ensuring that inappropriate behaviour is not
allowed, condoned or ignored. This includes taking preventive action to avert the development,
escalation or recurrence of inappropriate behaviour within their areas of responsibility. Principals
and supervisors are also responsible for assisting staff members who turn to them for help with
concerns or complaints that fall within this policy. They may be considered party to the complaint
if they fail to take corrective actions, and could be disciplined.
In addition to the responsibilities outlined above, principals and supervisors are responsible for
encouraging, supporting and providing training, plus the resources necessary for staff members
to fulfill their roles with respect to this policy.
Principals and supervisors have the right to work within this policy and to expect that all staff
members will abide by the policy. They also have the right to be protected from frivolous or
malicious claims and to manage the affairs of their area of responsibility to meet the school
division’s objectives.
4.3. Employer
As an employer, Hanover School Division has a responsibility to be aware of what is happening in
the workplace and to deal with discriminatory, harassing, disrespectful and violent incidents
appropriately. Hanover School Division will discipline anyone who has been found to have
harassed, discriminated against or behaved violently towards a person or group of people or who
retaliates in any way against anyone who has lodged a complaint or who has given evidence
during an investigation. Hanover School Division will also discipline supervisors or managers
who do not act properly to end harassment, discrimination and disrespectful behaviours.
Policy:
Respectful Workplace
Adopted:
May 20, 2008
Revised:
May 17, 2011
Page 7 of 12
Respectful Workplace
Section A:
Foundations and Basic
Commitments
Code:
AE
Upon hiring, Hanover School Division will provide all principals and supervisors with training on
how to prevent workplace harassment and violence, and will provide refresher training on a
regular basis, typically every 3 years.
Hanover School Division has the right to work within this policy and to expect that all staff
members will abide by the policy. The Division also has the right to manage the affairs of the
Division to meet the organization’s objectives.
5. Complaint Procedures
Students or staff members have the right to complain if they feel they have been treated in an
inappropriate manner, and are encouraged to take direct, assertive action should they experience
discrimination, harassment, disrespectful or violent behaviour.
Hanover School Division will not tolerate any retaliation against anyone who files a complaint. All
complaints will be handled in a confidential manner and the name of any complainant or respondent
or the circumstances surrounding the complaint will not be disclosed and will be treated confidentially,
except as necessary to investigate the complaint or as required by law.
Any student or staff member who files a complaint may be accompanied by a person of their choice
during any discussions, interviews or investigations arising from the complaint. This could include a
parent or another individual who could play a supportive role.
5.1. Informal Procedures
The complainant must tell the alleged offender that they find the behaviour offensive and
unwelcome, and they should immediately stop such behaviour. This can be done either in person
or in writing. Telling the person to “stop” may be difficult to do, but frequently it is the most
effective means of eliminating the problem. The complainant will need to make a note of the
discussion with the individual, including the time and date, and keep it for future reference.
As a division, the preference would be to report all incidents to the school principal or area
supervisor. If the supervisor is the alleged harasser, seek assistance from the Superintendents’
Department. A mediated process or a meeting to discuss and get clarification around the events
that have occurred may be suggested.
The complainant shall not be compelled to proceed with a complaint and shall have the right to
withdraw a complaint at any point up to the initiation of the formal process. Hanover School
Division may, however, determine to proceed with the complaint as an organizational response.
The complainant and the alleged harasser may each be accompanied by a person of his/her
choice during meetings conducted regarding a complaint.
5.2. Formal
Where an informal resolution cannot be done, is inappropriate, or is unsuccessful, students or
staff members should immediately seek out the school principal or area supervisor for assistance.
Administration will take action on any complaint quickly and as confidentially as possible, and will
let both parties to any complaint know the outcome of any investigation.
The following process will be followed:
Policy:
Respectful Workplace
Adopted:
May 20, 2008
Revised:
May 17, 2011
Page 8 of 12
Respectful Workplace
Section A:
Foundations and Basic
Commitments
Code:
AE
The staff member making the claim should submit the complaint in writing, using the HSD
Workplace Safety and Health Harassment Complaint Form (see Section A, Policy AE - Appendix
A), to the school principal or area supervisor. Include the following information: what happened,
when, where, what was said, who said what, witnesses, what the complainant did at the time, and
particularly any incidents that may have occurred subsequent to the alleged offender being told
the behaviour is offensive.
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The school principal will look after the detailed report when filing a student’s complaint.
The Superintendent/CEO or designate will notify the alleged offender of the complaint, and
will provide him/her with a copy of the written complaint.
The alleged offender will be given an opportunity to consult with legal counsel, or a personal
or union representative and to respond in writing to the allegations outlined in the formal
complaint.
The Complainant will be given a copy of the Workplace Safety and Health Harassment
Respondent’s Response (see Section A, Policy AE - Appendix B).
Administration may attempt to resolve the matter through discussion, or may initiate a formal
investigation.
If necessary, a formal and confidential investigation will be conducted by the
Superintendent/CEO, his/her designate, or by an outside, impartial investigator. Findings will
be reported to Superintendent/CEO.
The Superintendent/CEO or designate will inform the person lodging the complaint and the
alleged offender of the results of the investigation.
5.3. Complaint Procedures for Students
Any person who believes that he/she or his/her child is being harassed or bullied as outlined
above should contact the school principal without delay, allowing the school and home to work in
a proactive and timely manner to prevent future incidents.
In the case of serious or repetitive harassment a complaint may be made to the school principal
in writing without delay (at the latest, within 30 days of the circumstances giving rise to the
complaint, unless the delay was incurred in good faith and no substantial prejudice will result to
any person affected by the delay).
Once a written complaint is received by the Superintendent/CEO or designate, an immediate and
confidential investigation will be made by the Superintendent/CEO or designate. Both the
complainant and the person against whom the complaint was made will be contacted.
The Superintendent/CEO or designate will endeavour to resolve the matter and in doing so shall:
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Policy:
As required by law, report any cases of abuse to the proper authorities and in serious cases
of harassment, consult with legal counsel.
Assume responsibility for investigating all such complaints in a confidential manner.
If necessary, take steps to ensure that there is no recurrence of the situation while the
investigation is in progress.
Inform the complainant and the person against whom the harassment complaint has been
lodged of the outcome of the investigation.
Provide appropriate counseling for the complainant where such counseling is desired or
requested.
Provide appropriate counseling for the person against whom the harassment complaint was
lodged, either by request or as part of the disciplinary plan.
Respectful Workplace
Adopted:
May 20, 2008
Revised:
May 17, 2011
Page 9 of 12
Respectful Workplace
Section A:
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Foundations and Basic
Commitments
Code:
AE
Take appropriate disciplinary action against the person against whom the harassment was
lodged.
Take disciplinary action against the complainant, if in the course of the investigation, the
principal or designate finds that the complaint was malicious and without grounds.
Take any required steps to ensure the ongoing safety and security of the complainant.
5.4. Complaint Procedures for Staff and Members of the School Community
Complaints of harassment are to be made in writing directly to the Superintendent/CEO. A
complaint must be filed within 30 days of the circumstances giving rise to the complaint unless
delay was incurred in good faith and no substantial prejudice will result to any person affected by
the delay.
Once the written complaint is received, an immediate and confidential investigation will be made by
the Superintendent/CEO or designate. Both the complainant and the person against whom the
complaint was made will be contacted.
The Superintendent/CEO or designate will endeavour to resolve the matter and in doing so shall:
 Assume responsibility for investigating all such complaints in a confidential manner.
 If necessary, take steps to ensure that there is no recurrence of the situation while the
investigation is in progress.
 Take appropriate disciplinary action where such is found to be warranted.
 Inform the complainant and the person against whom the harassment complaint has been
lodged of the outcome of the investigation in writing.
 Take disciplinary action against the complainant, if in the course of the investigation, the
principal or designate finds that the complaint was malicious and without grounds.
5.5. Accusations Against an Hanover School Division Employee Outside of Working Hours
Hanover School Division is responsible for ensuring the safety of children in its care. At time of
hiring, all employees are required to submit a current criminal record check (less than a year old)
and undergo a child abuse registry check. Positive results on either check may result in removal
from an interview list or if employment has already commenced, immediate termination.
In the event that an employee is criminally charged or added to the child abuse registry in the
term of their employment with Hanover School Division, they are required to report this to the
Superintendent/CEO immediately. Failure to report may entail suspension or termination,
regardless of the outcome of criminal proceedings.
If at any time an employee’s actions at work or outside of work are such that Hanover School
Division has reasonable grounds to be concerned for the safety of students or staff in the
employee’s workplace, that employee may be:
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Suspended, with or without pay, pending police investigation
Reassigned to another work setting or schedule
Any complaint against an employee must be made in writing and submitted to the
Superintendent. Only such complaints will be heard by the Board of Trustees. Official
confirmation of charges being laid by the Crown would also be dealt with by the Board of
Trustees, in the absence of a written complaint from an individual.
Policy:
Respectful Workplace
Adopted:
May 20, 2008
Revised:
May 17, 2011
Page 10 of 12
Respectful Workplace
Section A:
Foundations and Basic
Commitments
Code:
AE
6. Outcomes and Remedies
If, based on the balance of probabilities, the evidence supports the complaint, management will do
whatever is necessary to stop the discrimination, harassment, or disrespectful behaviour. Any files
regarding the complaint will be kept in a separate and confidential location in the superintendent’s
office.
Consequences may range from awareness training to disciplinary action / directive imposed in
accordance with the Division’s progressive discipline procedures.
6.1. Disciplinary Directive
A directive from the Division which specifies certain behaviour with which the party(s) must
comply. If the directive is disregarded, further action will be taken;
6.2. Suspension
A written notification of exclusion from attending work or class for a specific period of time.
Suspension may include exclusion from a school and property belonging to the Division and in
the case of an employee, may be without pay.
6.3. Withdrawal/Dismissal
Termination of student or employee status.
6.4. Remedies for the staff member filing the complaint may include:



a verbal or written apology from the offender and the company
payment of any wages or benefits lost
granting of a position or promotion that was denied
All incidents and complaints will be taken seriously, but staff members should remember that
frivolous or unfair complaints are disruptive and unacceptable. Any staff member who is found to
have filed a complaint that is considered frivolous, or that was filed with malicious intent, will be
subject to disciplinary action.
In the event that an investigation does not provide evidence to support a complaint, a record of
the complaint filed will be retained by the Superintendent.
A staff member has the right to file a complaint with their provincial Human Rights Commission or
their provincial Workplace Safety and Health Department. This policy is not intended to
discourage or prevent the complainant from exercising any other legal rights.
If the complaint is credible and of a serious nature, the Superintendent/CEO may recommend
immediate suspension and/or reassignment of the employee to investigate whether the employee
indeed represents a danger to students or staff. Such an investigation may include input from the
employee’s supervisor, colleagues and the employee him/herself. The employee should be given
a copy of the written complaint and allowed to respond in writing.
Policy:
Respectful Workplace
Adopted:
May 20, 2008
Revised:
May 17, 2011
Page 11 of 12
Respectful Workplace
Section A:
Foundations and Basic
Commitments
Code:
AE
After the internal investigation is complete, the Superintendent/CEO may recommend:



an immediate return to work if there are no reasonable grounds for safety concerns
continued suspension with or without pay while outside investigations continue
progressive discipline up to and including termination of employment
A written notification may be included explaining that continuation or repetition of conduct found to be
in violation of the Respectful Workplace Policy will be cause for further disciplinary action up to and
including dismissal.
If an employee is subsequently convicted of an offence related to an allegation or complaint, the
decision may be made to terminate the employee immediately.
7. Timelines
Complaints should be made as soon as possible (within 30 days of the circumstances giving rise to
the complaint, unless the delay was incurred in good faith and no substantial prejudice will result to
any person affected by the delay).
Complaints will be resolved as quickly as possible.
8. Records
All records, documents, notes and transcripts shall remain on confidential file in the office of the
principal (for students) and the Superintendent (for staff). Disclosure of personal information shall be
subject to the requirements of the Freedom of Information and Right to Privacy Act.
Sealed records of harassment complaints will be kept in the Hanover School Division Personnel
Records.
9. Appeals
Staff members may appeal any disciplinary actions to the Hanover School Division Board of Trustees.
Legal References:
(Education Administration Act - MR 468/88)
(Public Schools Act - 58.6, Education Administration Act - MR 77/05)
Additional Information:
Appendixes:
Policy:
A - Workplace Safety and Health Harassment Complaint Form
B - Workplace Safety and Health Harassment Respondent’s Response Form
Respectful Workplace
Adopted:
May 20, 2008
Revised:
May 17, 2011
Page 12 of 12