A Toolkit for Addressing Workplace Harassment Human Rights and Respectful Workplace Office

Table of Contents

Bullying in the Workplace .......................................................................................................... 2

Tips for Receiving a Complaint .................................................................................................. 4

Options for Intervening .............................................................................................................. 5

Procedural Fairness & the Complaint Resolution Process ....................................................... 6

Restoring the Workplace ............................................................................................................ 7

VIU's Policies

Human Rights……………………………………………………………………………………………………………………...8

Personal Harassment………………………………………………………………………………………………………..…10

1

What is workplace bullying?

Bullying is usually seen as acts or verbal

comments that could 'mentally' hurt or isolate a

person in the workplace. Sometimes, bullying can

involve negative physical contact as well.

Bullying usually involves repeated incidents or a

pattern of behaviour that is intended to intimidate,

offend, degrade or humiliate a particular person

or group of people. It has also been described as

the assertion of power through aggression.

It is sometimes hard to know if

bullying is happening at the workplace.

Many studies acknowledge that there is

a "fine line" between strong

management and bullying. Comments

that are objective and are intended to

provide constructive feedback are not

usually considered bullying, but rather

are intended to assist the employee

with their work.

If you are not sure an action or

statement could be considered

bullying, you can use the "reasonable

person" test. Would most people

consider the action unacceptable?

The following article was developed by the

Canadian Centre for Occupational Health and

Safety. While the title references “bullying”

the information, as we discussed in the

workshop, is applicable and relevant to

personal harassment, discriminatory

harassment, and psychological harassment as

well.

Is bullying a workplace issue?

Work Safe BC has announced the intent to develop

occupational health and safety policies on workplace

bullying and harassment. In doing this BC is following the

lead of other provinces in Canada that have occupational

health and safety legislation that specifically deals with

bullying in the workplace. Quebec legislation includes

"psychological harassment" in the "Act Respecting Labour

Standards". Some jurisdictions have legislation on

workplace violence in which bullying is included. In

addition, employers have a general duty to protect

employees from risks at work. This duty can mean both

physical harm and mental health. Many employers choose

to address the issue of bullying as both physical and mental

harm can "cost" an organization.

In general, there will be differences in opinion and

sometimes conflicts at work. However, behaviour that is

unreasonable and offends or harms any person should not

be tolerated.

Bullying in the Workplace

What are examples of bullying?

While bullying is a form of aggression, the actions

can be both obvious and subtle. It is important to note

that the following is not a checklist, nor does it

mention all forms of bullying. This list is included as

a way of showing some of the ways bullying may

happen in a workplace. Also remember that bullying

is usually considered to be a pattern of behaviour

where one or more incidents will help show that

bullying is taking place.

Examples include:

belittling a person's opinions

excluding or isolating someone socially

intimidating a person

assigning unreasonable duties or workload which are unfavourable to one person

establishing impossible deadlines that will set up the individual to fail

withholding necessary information or purposely giving the wrong information

making jokes that are 'obviously offensive' by spoken word or e-mail

constantly changing work guidelines

physically abusing or threatening abuse

removing areas of responsibilities without cause

tampering with a person's personal belongings or work equipment.

underwork - creating a feeling of uselessness

yelling or using profanity

criticizing a person persistently or constantly

unwarranted (or undeserved) punishment

blocking applications for training, leave or promotion

tampering with a person's personal belongings or work equipment.

spreading malicious rumours, gossip, or innuendo that is not true

undermining or deliberately impeding a person's work

intruding on a person’s privacy by pestering, spying or stalking

2

DO NOT RETALIATE.

You may end up looking like the

perpetrator and will most

certainly cause confusion for

those responsible for evaluating

and responding to the situation.

(Adapted from: Violence in the

Workplace Prevention Guide.

CCOHS)

Bullying

WHAT CAN YOU DO IF YOU THINK YOU ARE BEING

BULLIED? If you feel that you are being bullied, discriminated against, victimized or

subjected to any form of harassment:

FIRMLY tell the person that his or her behaviour is not acceptable

and ask them to stop. You can ask a supervisor or union member to

be with you when you approach the person.

KEEP a factual journal or diary of daily events. Record:

o The date, time and what happened in as much detail as

possible

o The names of witnesses.

o The outcome of the event.

Remember, it is not just the character of the incidents, but the

number, frequency, and especially the pattern that can reveal the

bullying or harassment.

KEEP copies of any letters, memos, e-mails, faxes, etc., received

from the person.

REPORT the harassment to the person identified in your workplace

policy, your supervisor, or a delegated manager. If your concerns

are minimized, proceed to the next level of management.

HOW CAN BULLYING

AFFECT THE INDIVIDUAL? People who are the targets of bullying

may experience a range of effects.

These reactions include:

shock

anger

feelings of frustration and/or

helplessness

increased sense of vulnerability

loss of confidence

physical symptoms such as

inability to sleep

loss of appetite

psychosomatic symptoms such

as

stomach pains

headaches

panic or anxiety, especially

about going to work

family tension and stress

inability to concentrate, and

low morale and productivity.

HOW CAN BULLYING AFFECT THE

WORKPLACE?

Bullying affects the overall "health" of an organization. An "unhealthy"

workplace can have many effects. In general these include:

increased absenteeism

increased turnover

increased stress

increased costs for employee assistance programs (EAPs),

recruitment, etc.

increased risk for accidents / incidents

decreased productivity and motivation

decreased morale affect

reduced corporate image and customer confidence, and

poorer customer service. ● ● ●

● ● ●

3

What can an employer do?

A workplace violence prevention program must:

be developed by management and employee

representatives.

apply to management, employee's, clients, independent

contractors and anyone who has a relationship with

your company.

define what you mean by workplace bullying (or harassment or violence) in precise, concrete language.

provide clear examples of unacceptable behaviour and working conditions.

state in clear terms your organization's view toward workplace bullying and its commitment to the

prevention of workplace bullying.

precisely state the consequences of making threats or committing acts.

outline the process by which preventive measures will be developed.

encourage reporting of all incidents of bullying or other forms of workplace violence.

outline the confidential process by which employees can report incidents and to whom.

assure no reprisals will be made against reporting employees.

outline the procedures for investigating and resolving complaints.

describe how information about potential risks of bullying/violence will be communicated to employees.

make a commitment to provide support services to victims.

offer a confidential Employee Assistance Program (EAP) to allow employees with personal problems to

seek help.

make a commitment to fulfill the prevention training needs of different levels of personnel within the

organization.

make a commitment to monitor and regularly review the policy.

state applicable regulatory requirements, where possible.

(Adapted from: Violence in the Workplace Prevention Guide. CCOHS)

The most important component of

any workplace prevention

program is management

commitment. Management

commitment is best communicated

in a written policy. Since bullying

is a form of violence in the

workplace, employers may wish to

write a comprehensive policy that

covers a range of incidents (from

bullying and harassment to

physical violence).

4

Receiving a complaint:

Listen carefully. Your goal is to

understand the situation from

the complainant’s perspective.

Ask for specific examples

and/or incidents; vague

complaints that someone is

“aggressive” or “harasses” are

impossible to investigate or

address.

Do not give your own opinion

or judgment about the

complaint.

When you think you have a

good understanding of the

situation then check it out.

Take good notes to ensure you

have a record of the complaint.

Assessing the complaint:

How serious are the allegations?

Are the allegations possible violations of either the Human

Rights Policy/Procedure or the Personal Harassment

Policy/Procedure?

Is the situation one you can address or should external

resources be brought in?

Consult as needed with your supervisor, human

resources department or the Human Rights Director.

Record keeping

Determine whether the concern or complaint is

significant enough to warrant creating a record.

Consider the seriousness of the complaint and

whether a person investigating the concern or

complaint at a later date might request information

from you.

Ensure your notes include as many of the following

detail as possible:

The particulars of the concern as explained to

you.

Your response to the person who complained,

including any referral or suggestions you made.

Include a description of the demeanor of the

person (e.g. spoke quietly or loudly,).

Write your notes in a professional manner, as they

could be requested under FOIPOP legislation, or

required as evidence at a later date in a formal

process. Describe what you saw and heard, not what

you thought.

What are some general tips for workplace

leaders.

DO NOT

DO NOT IGNORE any

potential problems.

DO NOT DELAY

resolution. Act as soon

as possible.

(Adopted from the Wellness

in the Workplace Guide.

CCOHS)

Listen, Assess, Record.

5

Options for Intervening

Not all of these options will be appropriate. You need to assess the situation and the limits

of your role to identify your best course of action. Remember to consult as appropriate.

Meet individually with all parties to gather information on what is happening.

Objectively assess the information you have. While your own experience with the parties can be

used as information, your assessment should not be based solely on your own experience but on

all the information you can gather.

If at all possible bring the parties together to discuss the issues face to face. Being the go

between is often ineffective and creates more, rather than fewer, issues.

Make suggestions for changes in behavior. If you are a supervisor you may wish to consider

making the change in behavior an employer expectation – human resources advisors can assist

you with making that decision.

Can a Union Steward assist? Harassment prevention is in everyone’s interest, and a referral to a

steward may be helpful.

Conflict and harassment often have serious impacts on a person’s well-being. Reminding an

employee of the availability of support through the Employee and Family Assistance Program is

often a good idea.

Make sure you monitor the impact of any intervention you make. Check in to how affected

employees are doing and whether any more issues have surfaced.

Be quick in responding to any reoccurrence of the problematic behavior; if you are not in a

position to take action take the issue to a supervisor (usually a dean, director, or regional

campus principal) who does have the appropriate authority.

If you become aware of a situation or receive a report which involves yelling, unwelcome

physical contact, assault, violence, threats, implied threats, or criminal harassment a report

should be made immediately to a supervisor and to Health and Safety Services.

● ● ●

6

Procedural Fairness & the

Complaint Resolution Process

Complainant rights and

responsibilities:

A complainant has the right to

state and make concerns known

and to have their concerns

addressed. In order to protect

the person’s right to complain

there should be no

recriminations or retaliation

against a person for having

raised a complaint. VIU’s

procedure prohibits any kind of

retaliation against a person for

having filed a complaint.

If a complainant brings

concerns forward they should

be heard in a timely manner

and investigated without bias or

pre-judgment.

A complainant has the right to a

representative of choice.

A complainant has a

responsibility to refrain from

making complaints which are

frivolous, vexatious or

malicious. An employee who

is found to have filed a

frivolous, vexatious or

malicious complaint is in

violation of University policy.

Respondent’s Rights and Responsibilities:

A respondent has the right to know the details of the complaint, what

violations have been alleged and what remedy is sought by the

complainant. A respondent has the right to respond to these

allegations and to be represented by a person of his/her choice.

A respondent is responsible for not retaliating in any way against a

person for having filed a complaint. Any retaliation by a respondent

is a violation of University Procedure.

The University:

The University is responsible

for ensuring the complaint

resolution process meets the

requirements of procedural

fairness.

An important requirement is

ensuring any decision is made

by an unbiased decision-

maker. This requires that the

decision-maker has no close

association or prior

involvement with either party

and has not participated in the

process or a related process in

another capacity.

This may at times require the

hiring of an independent

outside advisor or investigator

to ensure neutrality and follow

through of procedural fairness.

The principles of natural

justice and procedural

fairness ensure that all parties

– complainant and

respondent, witnesses and

others in the workplace have

a chance to be heard and are

treated fairly.

The Union:

The union has a duty to represent both sides if the allegation

of harassment is between two union members – this is called

the duty of fair representation. The union would be sure that

the two members are represented by different union

stewards.

The union has a responsibility to assist in the resolution of a

complaint and should not impede the efforts of the employer

to deal with the situation. The union may work with the

employer through a process that both management and union

members support and will abide by to resolve complaints or

harassment or bullying.

7

After someone has spoken out – formally or informally

– what follows in the workplace is often fraught with

doubt and recriminations, silence and suspicion,

negativity, blame and/or exoneration. Often time

somebody leaves; at other times someone stays on

and the parties and the working group must continue

working together.

Throughout the investigation process, and after the

complaint has been investigated and addressed, it is

important to be deliberate and mindful of restoring the

workplace.

Restoring the

Workplace

Steps for restoring the

workplace can include:

Acknowledging that all

concerned have undergone a

difficult process; don’t pretend that nothing has happened

Providing support to the complainant for having taken it upon her or himself to identify a

difficult issue and thereby initiate workplace change

Providing support to the respondent as it is difficult to reestablish working relationships,

especially if a finding of harassment has been made.

Providing support to witnesses and to co-workers who may not have been involved but

likely knew about and were affected by the circumstances

Taking steps to allay any feelings of guilt, hurt or isolation

Recommending EFAP counseling and avenues to other resources, as needed

Continuing to monitor the workplace environment and do periodic education related to

harassment

Remain open to employee comments and feedback as they will let you know what needs

to be addressed

Do exit interviews with personnel leaving your department or faculty as a way of

assessing the working environment

Make any necessary adjustments to policy, procedures or workplace practices based on

“lessons learned”

8

Policy 21.03 Human Rights Policy

STATEMENT:

It is the policy of Vancouver Island University and our responsibility under the BC Human Rights Code, to provide an environment that is free of harassment and other forms of discrimination.

This Policy is based on the belief that Vancouver Island University, as an educational institution and as a workplace, has the following responsibilities:

• to educate members of the University about discrimination and its eradication; • to prevent discrimination occurring at the University through diligent and proactive

action; and • to respond promptly and effectively to any complaints of discrimination.

The intention of the Policy is to prevent discrimination against any member of the University, due to race, colour, ancestry, place of origin, political belief, religion, marital status, family status, physical or mental disability, sex, sexual orientation, age, or an unrelated criminal conviction. Sexual harassment of individuals or groups is also discrimination, which is prohibited by law and by this policy. All members of the University are prohibited from engaging in discrimination.

It is recognized that academic freedom is an important value of the University. This policy will be interpreted in light of our commitment to this value.

Education and increased awareness are the keys to eliminating incidents of discrimination and harassment. The University shall develop and implement an educational program for all members of the University community.

The academic and administrative leadership is responsible for taking action to maintain a fair and equitable environment free of discrimination and harassment. All members of the University community are responsible for treating each other with respect and dignity.

A complaint resolution procedure, Human Rights – Education Initiative and Complaint Resolution (the “Procedure”) -- shall be maintained by the University for members of the University community to address allegations of human rights violations prohibited by the Policy and Procedure. It is the intent of the University that all complaints made to the University of

Type: A - Educational (Board) Last Approved: March 25, 2010

Executive Responsibility: President & Vice-Chancellor Next Review: Nov., 2013

Administrative Responsibility: Human Rights Advisor Procedure: 21.03.001

9

alleged violations of the Policy and/or Procedure be required to be addressed through two avenues only: the Procedures, and, when applicable, the Collective Agreements between the University and the unions. This does not prevent a member of the University from lodging an external complaint under the B.C. Human Rights Code.

The following principles shall guide the University’s response to allegations of violations of the Policy or Procedure:

a. All members of the University community are required to comply with the Human Rights Policy and Procedure;

b. The University will treat alleged violations of the Policy or Procedure promptly;

c. A spirit of fairness to all parties will guide the proceedings;

d. Adherence to confidentiality is required in accordance with the provisions of the Procedure and law; and

e. Both complainants and respondents are entitled to a final resolution of allegations of violations of the Policy and/or Procedure.

The University considers discrimination and harassment to be a serious infringement of a person’s human rights and University members found to be in violation of the Policy and Procedures may be subject to a range of corrective measures, up to and including expulsion or dismissal from the University. Decisions regarding violations of the Policy and Procedure are made under the Procedure or the Harassment section of the relevant Collective Agreement. Appeals of decisions made under the Procedure or the relevant Collective Agreement shall be in accordance with the provisions of the Procedure. Members of the University community subject to collective agreements who elect to use the grievance provision in their collective agreement do not have the right to a further appeal under the provisions of the Procedure.

There shall be established an advisor on discrimination and harassment (the “Advisor”) and an Advisory Committee (the “Committee”). The Advisor, and Committee shall be responsible for developing and maintaining programs and Procedure that appropriately meet the goals of this policy, subject to approval by the President of the University.

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10

Policy 21.05 Personal Harassment Policy

STATEMENT: This policy is intended to protect employees and students from personal harassment and to provide a procedure for addressing personal harassment complaints. For the purposes of this policy, “personal harassment” is defined as objectionable conduct or comment directed towards a specific person(s), which serves no legitimate work or educational purpose and has the effect of creating an intimidating, humiliating, offensive, or hostile work or educational environment. Personal harassment is a broad term that includes behaviours that could be called psychological harassment or bullying. Vancouver Island University will endeavour to provide employees and students with an environment free of personal harassment. Maintaining an appropriate work and educational environment is a goal shared by the administration and the employee unions. Members of the University community are responsible for treating other community members with respect and dignity. Education, increased awareness, and prompt action are the keys to eliminating incidents of personal harassment. The administration will assume primary responsibility for addressing personal harassment, supported by union leaders as appropriate. The following principles will guide the response to any allegations of personal harassment:

a. members of the University community are required to comply with the Personal Harassment Procedures;

b. the University will endeavour to treat alleged violations of the Policy or Procedures promptly;

c. a spirit of fairness to all parties will guide the proceedings;

d. adherence to confidentiality is required in accordance with the Procedures;

e. both the complainant and the respondent are entitled to a final resolution of allegations of violations of the Policy or Procedures.

Type: C - Institutional Last Approved: March 28, 2013

Executive Responsibility: President & Vice-Chancellor Next Review: April, 2013

Administrative Responsibility: Director, Human Rights and Respectful Workplace

Procedure: 21.05.001

11

2

APPLICATION This policy applies only to behaviour and incidents that are not covered by the institution’s Human Rights Policy. Behaviour and incidents of personal harassment in which physical force is used or where threatening statements are made that could be reasonably perceived as placing a person at risk of injury may also fall under Policy 41.10 Prevention of Violence in the Workplace. In this event, the Director, Human Rights and Respectful Workplace and the Administrative Coordinator, Health and Safety Services will work together to ensure that appropriate requirements of both policies are met. The procedures under this policy will apply to all personal harassment complaints between employees and between students and employees. Complaints involving students only shall be addressed under the Student Conduct Policy.

COMPLAINTS Vancouver Island University shall maintain a complaint resolution procedure to ensure that complaints of personal harassment are addressed. The objective of the complaint resolution process is to restore the work or educational environment for the individual complainant and, if necessary, for the entire work or educational group.

POTENTIAL CONSEQUENCES Behaviour that contravenes this policy will be subject to remedial action including direction to cease the harassment, apology, and/or participation in an educational program regarding harassment. In addition, harassing behaviour may result in disciplinary action, including reprimand, suspension, or termination. Decisions under this policy may be appealed or grieved pursuant to the Complaints Procedure.

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