Student Union Society Harassment and Discrimination Policy EFFECTIVE: April 29th, 2005 AMENDED: July 20th, 2006 AUTHORITY: SUS Board of Directors RELATED DOCUMENTS -Conduct Policy 1. Purpose The Society is committed to a work environment that is free from harassment or discrimination and supportive of the productivity, dignity and self-esteem of every individual. The Society complies with the requirements of the B.C. Human Rights Code, and will provide all individuals with equal access to employment opportunities and benefits. 2. Policy This Policy reinforces the fact that any form of harassment or discrimination is unacceptable and will not be tolerated. Any employee or director of The Society, or any volunteer involved with The Society, who is found to have harassed or discriminated against another person will be subject to: (a) in the case of an employee, discipline, up to and including discharge; (b) in the case of a Director, sanctions at the discretion of the Board of Directors, up to and including a motion for removal from the Board of Directors of The Society; or (c) in the case of a volunteer, prohibition from further volunteer involvement with The Society. This Policy outlines a complaint and investigation process for all employees, directors and volunteers who feel that they have been a victim of harassment or discrimination by any other employee, director or volunteer. 3. Definitions Harassment or discrimination means any unwelcome or objectionable conduct or comment: race, colour, ancestry, place of origin, political belief, religion, sex, sexual orientation, marital status, family status, physical or mental disability, age, or conviction of an offence unrelated to the person's employment. Conduct need not always be repeated or persistent to constitute harassment or discrimination. In some circumstances a single incident will suffice. Examples of illegal harassment could include but are not limited to: a. remarks, questions, jokes, innuendo or taunting, which is unwelcome or offensive b. verbal abuse and threats c. leering, staring or making gestures d. display of pornographic, racist or other materials in the form of derogatory or demeaning pictures, graffiti, cartoons or sayings, which are offensive to members of a particular group e. intimidation, threat or actual physical assault f. unwanted physical contact such as touching, patting, pinching, hugging g. sexual advances with actual or implied work related consequences h. persistent sexual advances when it is known or ought to be known that such advances are unwelcome i. the granting or withholding of any employment benefit or opportunity on the basis, in whole or in part, of one of the above personal characteristics. Sexual Harassment is defined as unwelcome sexual attention such as sexual advances, requests for sexual favours or other verbal or physical behavior of a sexual nature that: a. has the purpose or effect of creating an intimidating, hostile, or offensive work environment 1 Student Union Society Harassment and Discrimination Policy b. has the purpose or effect of undermining work performance, work relationships or productivity c. makes submission to or rejection of sexual harassment a consideration with respect to employment, promotion, work assignments, compensation, or is used as the basis for decisions generally affecting an individual’s employment or makes submission to sexual harassment an implicit or explicit term or condition of continued employment. Harassment can occur even though there is no intent to harass. It is the effect of the behavior on the victim which determines whether harassment has occurred. Finally, illegal harassment or discrimination includes any form of retaliation towards an individual because that person has made a complaint under this Policy. 4. Confidentiality All persons associated with a complaint of harassment must recognize the serious nature of such complaints and respect the sensitivity and confidentiality involved. The Society will maintain confidentiality with respect to those involved or the circumstances related to the complaint to the extent possible in light of The Society's obligation to investigate and take action on the complaint. Responsibilities The Society will: a. support an employee, director or volunteer making a complaint by providing information and referral if required; b. investigate complaints in a discreet and expeditious manner and determine the appropriate administrative response; c. provide all parties to a complaint with a full and fair opportunity to be heard; d. advise the complainant of the final disposition of the complaint. Managers, department heads, supervisors and Directors have a responsibility to prevent and discourage harassment. These responsibilities include: a. modeling appropriate behaviour; b. encouraging employees and volunteers to report harassment if it occurs and immediately inform Management of any complaints received; c. immediately report to Management any information or knowledge of conduct which may infringe this Policy; d. endeavor to make employees and volunteers aware of the Policy and encourage them to follow it. 6. Procedures Employees, directors and volunteers must have a clear understanding of what constitutes harassment and what their responsibilities are in regards to harassment. These responsibilities include: a. knowing and following The Society’s policies and procedures b. modeling appropriate behavior c. telling the alleged harasser, where they feel able to do so, that their behavior is inappropriate. Employees, directors and volunteers, as the case may be, are encouraged to promptly make their discomfort and disapproval known to the alleged harasser. It is of great assistance to advise the alleged harasser that his/her conduct is unwelcome. Without clearly stating objections, some forms of conduct may be construed by the alleged harasser as acceptable. 7. Informal Complaint Resolution If the perceived harassment persists, or if the employee, director or volunteer is uncomfortable confronting the 2 Student Union Society Harassment and Discrimination Policy alleged harasser directly, the individual should inform management (supervisor or manager) or, in the case of a director or volunteer, the President or a Vice President of The Society. That manager or an executive member may then discuss the allegation with the complainant and respondent with a view to reaching a solution. Discussions with witnesses may also occur. This process provides an opportunity to resolve relatively straightforward complaints in an expeditious manner. If a resolution acceptable to both complainant and respondent is agreed upon, the issue will proceed no further. If no resolution is achieved the complainant may ask for formal complaint resolution. 8. Formal Complaint Resolution The formal complaint resolution procedure is: a. the complainant shall prepare and maintain a written record of dates, times, nature of the behavior and witnesses (if any) and forward their written complaint to the designated Society representative. b. the designated Society representative receiving the complaint will meet with the complainant and respondent separately to review the complaint and explain the investigation procedures. c. the designated Society representative will investigate the allegations, including interviewing any witnesses, and will determine whether the conduct constitutes harassment or discrimination as defined in the Policy. d. The results of the investigation will be reported to the appropriate Society officials, who will determine what steps shall be taken in response to the investigation. e. any discipline or other sanction arising from the resolution of the complaint will be administered in accordance with Society policy. f. no employee or director will be disciplined or otherwise suffer detrimental effects in the workplace as a result of making a good faith complaint under this Policy. However, the making of frivolous or vexatious complaints may be subject to: i. in the case of an employee, discipline; ii. in the case of a Director, sanction or removal by the Board of Directors; iii. in the case of a volunteer, a prohibition on further volunteer involvement with The Society. 9. Alternative Resolution Where a complaint is filed with an external body (i.e. Human Rights Commission or Police) internal procedures may be held in abeyance pending the disposition of the external complaint. However, it is strongly encouraged that there be serious attempts made to pursue resolution amongst the parties directly involved, through the process provided for under this Policy. This Policy is intended to facilitate early and fair resolution. 3