Harassment Policy - Bishop`s University

Policy on Harassment
Approved at the Executive Committee (20 November, 1998)
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Preamble
Definition
Harassment Committee
Informal Procedures
Formal Investigation of Written Complaint
Principal's Statement re. Sexual Harassment and Other Harassment
APPENDIX
PREAMBLE
Bishop's University is committed to fostering a collegial study and work milieu that is free of
harassment and one in which all individuals are treated with respect and dignity.
This version of the policy of harassment was revised by the Sexual Harassment Committee during
1994-97. It is intended to cover all forms of harassment with sexual harassment being a special
category. It applies to all members of Bishop's University, as well as to those who are present on
campus as visitors. An agreement between Bishop's University and Champlain Regional College
provides for mutual resolution of any situation involving members of both institutions. As well, it is
understood that the operations and practices of all outside contractors hired by Bishop's will conform
to, and abide by, the Harassment Policy of the University.
1. DEFINITION
Harassment is personalized, inappropriate behaviour which is either repetitive or abusive.
1.1 General Definition
Harassment can be said to occur if:
a. conduct is engaged in or a comment is made by a person who knows, or ought
reasonably to know, that the conduct or comment is unwanted, unwelcome,
unnecessary, and injurious to the dignity of the individual; or
b. inappropriate comment or conduct is accompanied by either an express or implied
promise of a reward for compliance, or a reprisal or an explicit or implicit threat of
reprisal for refusal to comply, whether in the area of employment, academic performance
or status; or
c. conduct has the effect of interfering with another individual's work or academic
performance or of creating an intimidating, hostile or offensive working, academic or
living environment.
1.2 Sexual Harassment Definition
Sexual harassment by definition is unwelcome and/or coercive and both males and females can
be victims of it.
Sexual harassment can be said to occur if:
there is an unwanted comment or conduct of a sexual nature, including but not limited to,
sexual advances, invitations, requests or physical contact; demands for sexual favours,
suggestive comments or gestures; or remarks concerning a person's body, appearance or
sexual orientation when one or more of the conditions outlined in section 1.1 are satisfied:
1.3 Cases of sexual abuse or violence are criminal acts and should be treated as such.
1.4 The conduct or comments referred to in sections 1.1 and 1.2 may be written or oral.
1.5 On the basis of the information received indicating a grave situation the University may take any action it deems appropriate in order to protect members of the University community.
2. HARASSMENT COMMITTEE
2.1 Mandate of the Committee
2.1.1 Education
To educate the University community about sexual harassment and other forms of
harassment, and about both informal and formal means of resolving problems or
complaints related to sexual harassment and other forms of harassment.
2.1.2 Informal Resolution
To assist any member of University community to resolve problems of sexual harassment
or other forms of harassment informally by providing consultation and intervention
(including mediation) if needed to remedy the situation, (see: 3).
2.1.3 Formal Investigation
a. To investigate written complaints of sexual harassment and other forms of
harassment as defined herein;
b. to make recommendations to the Principal concerning disciplinary or other actions;
c. to forward to the Principal a report on each investigation, (see: 4).
2.1.4 Committee Reports to the Principal
a. To submit summary reports as needed to the Principal on formal and informal
resolutions regarding sexual harassment and other forms of harassment;
b. to report on such matters as the Committee believes should be brought to the
attention of the Principal or the University community in general.
2.1.5 Campus Networking
a. To confer with other people on campus who receive complaints and/or queries
about sexual harassment and other forms of harassment;
b. to submit a summary report each year which is made available to all sectors of the
University community.
2.2 Committee Composition
2.2.1 One regular member and one alternate member will be elected every two years by each of the following groups:
a. BU Faculty Council
b. BU Librarian (alternate from BU Part-time faculty)
c. BUSA (Staff)
d. SRC (Full-time Students)
e. CPS(Part-time Students)
The Principal will also appoint one member to the committee.
2.2.2 A member may sit an indefinite number of terms.
2.2.3 The Principal will appoint the Chair after consultation with the Committee.
2.2.4 The University will supply modest financial support to the Committee as necessary.
2.2.5 Meetings
Meetings will be called at the discretion of the Chair, with at least one general meeting
being held in the fall and winter semesters. Other meetings will be called in the event of a
formal complaint, education planning, approval of reports, or other related business.
2.2.6 Confidentiality
Beyond the Committee's annual public report and educational efforts, all Committee
members will respect the confidential nature of the proceedings of the Committee, both
formal and informal. (see: 4.2.8) A committee member found in breach of confidentiality
will lose his/her right to sit.
3.0 INFORMAL PROCEDURES
3.1.1 Any member of the University community who wants advice about one or more incidents of sexual harassment or other harassment may contact any member of the
Committee. A confidential record of all informal contacts will be kept and filed with the
Chair.
3.1.2 The Chair and/or another Committee member will meet with the individual as soon as possible and,
a. identify options available to the individual;
b. review informal means of resolving the problem, including mediation;
c. provide advice on formal means of investigation and discipline;
d. determine whether the individual should be encouraged to contact a more
appropriate body or individual for help (see appendix).
3.1.3 The Chair, as a consequence of meeting with an individual or as a recommendation from another committee member, will intervene if necessary to get behaviour stopped
(e.g., meet with appropriate Dean, Chair, Supervisor, etc.)
3.1.3 The Chair, as a consequence of meeting with an individual or as a recommendation from another committee member, will intervene if necessary to get behaviour stopped
(e.g., meet with appropriate Dean, Chair, Supervisor, etc.)
3.1.4 No reprisals will be taken against individuals because they have sought advice about, or mediation of a sexual harassment problem or any harassment problem.
3.2 Voluntary Mediation
If two individuals agree to have a neutral third party assist them in resolving their problem, the
Chair will select a mediator to help in this way. Both parties must agree to the mediator
selected.
3.2.1 The Committee will appoint 4 individuals (2 on-campus and 2 off-campus) to be
available to act as mediators. There should be equal representation of males and
females and at least one representative from on-campus and one representative from offcampus should be bilingual (French and English). Committee members may not act as
mediators. These appointments should be re-affirmed on a yearly basis.
3.2.2 Mediation should begin within fourteen days of an initial request for such action, unless both parties agree to a lesser period of time or to an extended period of time.
3.2.3 If the mediation fails the Mediators will report such to the Chair of the Committee and the complainant will be advised regarding more formal procedures.
4. FORMAL INVESTIGATION OF WRITTEN COMPLAINT
4.1 Letter of Complaint
4.1.1 A complaint must be in writing and signed before a formal case can proceed.
A valid letter of complaint should normally contain the following information: who the
alleged harasser was/is, where the alleged harassment took place and when, and the
nature of the alleged harassment.
4.1.2 Records of all material related to formal complaints which proceed beyond step 4.0 will be handled in a confidential manner and will be stored in a secure location. These
records will be forwarded to the Principal once an investigative panel has accepted the
complaint (See:4.2.8). These records will be kept in the Principal's Office during and after
the investigation. Access to these records will be limited to the Principal.
4.2 Investigative Panel
4.2.1 Written complaints should be submitted to the Chair of the Harassment Committee.
4.2.2 The Chair, in consultation with the Committee, may refuse to take action on a complaint that is deemed to be frivolous or vexatious, or which is filed more than six
months after the alleged event. Delay can be extended at the discretion of the Chair
where s/he is satisfied that the delay is incurred in good faith and that no substantial
prejudice will result to any person affected by the delay.
4.2.3 The respondent, at the discretion of the chair, may be notified that there is a complaint even when action is not taken by the Committee, (see: 4.2.2). The respondent will be
given a copy of the complaint if notified.
4.2.4 If the Committee accepts the complaint an investigative panel will be struck. The panel will consist of four to six members of the Committee, either regular or alternate, selected
by the Chair. The size of the panel is at the discretion of the Chair. The quorum will be
the full panel. The panel will always include representation from the same constituencies
as the complainant and the respondent and every effort will be made to have a fair and
appropriate gender and linguistic balance. Committee members may choose to step
down from a given investigation for personal reasons. In all cases complainant and
respondent will be given the complete membership of the panel and will have three
working days to challenge the inclusion of any member on the panel on the grounds of a
perceived bias on the part of the member. In the event that no agreement is met over
composition, the Chair's decision is final.
4.2.5 All notices will be hand-delivered or sent by registered mail to the address provided to
the University. Notice is deemed to have been given by using the address provided to the
University . In the case of full-time students, an on-campus mailbox is used as the official
address. In the case of part-time students the recorded off-campus address will be used.
4.2.6 Both complainant and respondent shall be invited in writing to respect the confidential nature of the complaint and the hearing.
4.2.7 The hearings of investigative panels will be governed by such procedures as the panel may decide, subject to the following:
a. Normally no more than 14 calendar days shall elapse between a decision to
accept a complaint and the striking of an investigative panel.
b. Normally the complainant and the respondent shall be given 14 calendar days'
notice in writing of the day, time and place of the hearing.
c. The Chair will organize the investigative procedures so as to safeguard
confidentiality and provide a setting and structure which is fair to both the
complainant and the respondent. The Chair remains neutral during the
proceedings and intercedes only when necessary to keep the process moving or
to clarify statements for the record. This neutrality is important given that the Chair
is the Committee contact for both the complainant and the respondent. All the
scheduling details during the course of the investigation (e.g. time, location, etc.)
are the responsibility of the Chair. The Chair shall consult when necessary with
the Principal concerning procedure or other matters or concerns which may arise
during the hearing.
d. If both parties don't want to meet face to face the proceedings can be taped. If the
complainant does not appear for the hearing, the case will be dismissed. If the
respondent does not appear, the hearing will proceed.
e. The hearing shall be held in camera. All documents and evidence submitted by
the complainant will be made available to the respondent and the panel. All the
documents submitted by the respondent will be made available to the complainant
and the panel except when the Chair judges them to be of a sensitive nature. In
such a case the Chair may have to use discretion and consult with the Principal
regarding making these documents available to the complainant.
f. In order to safeguard the rights of all concerned, the Chair will strongly encourage
both the complainant and the respondent to be accompanied by a representative
or an advisor from within the Bishop's community. The panel will interview both
parties and witnesses as necessary. Witnesses can only be interviewed in
reference to the complaint, not as character witnesses.
g. Decisions shall be by majority vote. In the event of a tie the decision of the Chair
will be the decision of the panel.
h. The Chair will prepare and submit to the Principal a report based on the findings
and recommendations of the panel ( see: 4.4.2). The details of this report will be
made known to both the complainant and respondent. All testimony is confidential
within the confines of the investigative panel. This includes the name of
witnesses.
i. The time period between the initial contact by the complainant and a decision by
the panel is not to exceed 2 months, unless the time is extended by the Chair in
consultation with the Principal
4.2.8 Protection of concerned parties
a. No reprisal will be taken against an individual who has filed a complaint because
s/he has filed a complaint, or against any witness because s/he has been a
witness in the complaint process. No reprisal will be taken against an an individual
because s/he was a respondent in a sexual harassment or other harassment
complaint which was dismissed.
b. Should the complainant so request, the investigation will be stopped at any point
except where the respondent requests that the investigation continue. In such
cases the request will be considered by the panel.
4.3 Complaints Where Bishop's and Champlain are Involved
In cases where a complaint involves members of both the Bishop's University and Champlain
Regional College communities, the appropriate body (e.g., Harassment Committee) of the
institution where the complaint is first registered will inform the appropriate body of the other
institution of the situation, and will advise it of the progress of the case. Informal resolution and
voluntary mediation procedures will be as outlined in Section 3 above.
In the event that a formal investigation is required, the investigative panel will consist of no
more than seven members, at least three selected from the institution of the complainant and at
least three from the institution of the respondent. The panel will include peer representation for
both complainant and respondent.
4.4 Decision of the Panel
4.4.1 At the end of the investigation, the panel will make a report to the Principal on one or more of the following points, (see: 4.2.7-j):
a. whether the respondent is found guilty or not guilty of harassment;
b. whether disciplinary action should be taken;
c. whether the matter be referred to an appropriate outside agency such as the
Quebec Human Rights Commission;
d. whether administrative or other changes should be made in order to avoid
recurrence of a similar case.
4.4.2 The Committee is an advisory body to the Principal. All disciplinary actions will be decided upon and implemented by the Principal.
5. PRINCIPAL'S STATEMENT RE. SEXUAL HARASSMENT AND OTHER HARASSMENT
The Principal will speak on the topic of sexual harassment and other forms of harassment during
orientation for first year students and, at least annually, will publish a public statement on the
University Policy on Harassment.
APPENDIX
Contacts for students regarding harassment include:
a.
b.
c.
d.
e.
f.
g.
h.
i.
Student Conduct Committee
Dean of Student Affairs
Health Services
Counselling Services
Security
Chaplain
RA's
Residence Life Coordinator
Ombudsperson
Contacts for staff and administration regarding harassment and sexual harassment include:
a.
b.
c.
d.
e.
Immediate Supervisor
Human Resources Coordinator
BUSA
Security
Chaplain
Contacts for faculty regarding harassment and sexual harassment include:
a.
b.
c.
d.
Dean
APBU
Security
Chaplain
Last updated: 05/03/14