POLICY AND PROCEDURE MANUAL POLICY NUMBER: 4.12 NAME OF POLICY: Anti-Bullying / Anti-Harassment / Anti-Discrimination POLICY CATEGORY: Governance Process Policies DATE ADOPTED: DATE TO BE REVIEWED: Annually
POLICY
The Chetwynd Community Arts Council has prepared the following statement concerning misconduct and harassment: In all matters related to employees, board members, committee and any working group members or volunteers, the Chetwynd Community Arts Council is guided by a set of Values/Guiding Principles and Basis of Unity outlined in our Board of Directors manual, Strategic Plan, and Employee Handbook, and shared in our external communications such as our website. The Values/Guiding Principles were unanimously adopted by the Board of Directors in 2016 and updated in 2021. The Basis of Unity was unanimously adopted in 2022, replacing the Statement of Cultural Equity (adopted in 2018). In addition, the Chetwynd Community Arts Council members and event attendees must adhere to the Code of Conduct. In these statements the Chetwynd Community Arts Council embraces values, policies and practices that ensure that all people are represented and treated fairly in the work of our mission, places of work, and delivery of service, without regard to race/ethnicity, national origin, age, physical or mental disability, sexual orientation, gender, gender identity, socioeconomic status, geography, citizen status, genetic predisposition, marital status or religion. When accusations of inequity arise, including harassment on the basis of any of these characteristics, whether verbal, physical, or any other, the Chetwynd Community Arts Council is committed to taking corrective action against such inequities within our policies, systems, programs, affiliations, and services. Such corrective action may include discontinuing relations with or to taking disciplinary action against anyone found to have violated this policy, whether employee, contractor, board member, volunteer, customer, member, vendor or other. The Chetwynd Community Arts Council will deliberately and swiftly investigate every accusation. The Chetwynd Community Arts Council is committed to providing excellent service in a culturally safe environment and upholds the right of every person to be free from harassment and discrimination of any kind including sexual harassment, bullying and discriminatory harassment in the workplace, and every worker is assured of the protection of this right. We believe that preventative measures should be in place and that the process for resolving concerns and complaints on this subject should be timely, fair and respectful.
Scope
This policy includes direction for all Chetwynd Community Arts Council Directors, Committee members, Contractors, Management and Staff. The policy also applies to all personal and electronic communications, such as email and social media. Nothing in this policy prevents an individual’s right to file a complaint with WorksafeBC or any other adjudicative body should they feel the situation warrants such action.
Definition
Bullying, Harassment and Discrimination:
i. Includes any inappropriate conduct or comment by a person towards a worker that the person knew, or reasonably ought to have known, would cause that worker to be humiliated or intimidated, but
ii. Excludes any reasonable action taken by an employer, manager, or supervisor relating to the management and direction of workers or the place of employment.
A variety of behaviours can constitute harassment, including but not limited to:
a. verbal aggression, threats, or insults;
b. unwelcome remarks, harmful comments, jokes, innuendos or taunting for any reason, including about a person's body, attire, age, marital or family status, ethnic or place of origin, religion, race, health or medical status, sexual orientation, gender identity or gender expression, disability, ancestry, colour, citizenship, creed, sex, record of offences, etc.;
c. race/ethnicity/national origin, and culturally insensitive language;
d. practical jokes which cause humiliation or embarrassment;
e. calling someone derogatory names
f. stalking, leering, staring or gestures;
g. display of pornographic, racist or other offensive or derogatory images or other material, including digital and social media content;
h. harmful hazing or initiation processes;
i. vandalizing personal belongings;
j. spreading malicious rumours.
Examples of discrimination includes refusing to employ or continue to employ a person or refusing to provide an opportunity or benefit with respect to employment or condition of employment because of race, colour, ancestry, place of origin, political belief, religion, marital status, family status, sexual orientation, physical or mental disability, gender, or unrelated criminal or summary conviction of that person, except where there is a bona fide occupational requirement.
Poisoned Work Environment:
A poisoned work environment is created by persistent and serious wrongful comments or conduct that creates a hostile or intolerable workplace. The comments or conduct need not be directed at a specific individual, and may be from any individual, regardless of position or status. A single comment or action, if sufficiently serious, may create a poisoned environment.
Conduct that creates or contributes to the creation of a poisoned work environment will not be tolerated at the Chetwynd Community Arts Council and workers found to have engaged in such acts will be subject to discipline up to and including termination.
Responsibilities
Responsibilities of Chetwynd Community Arts Council Leadership:
● Promote a workplace that is free of bullying, harassment, and discrimination;
● Provide workers with information and instruction regarding this policy including appropriate steps to be taken and investigation procedures;
● Take every reasonable precaution for the protection of the workers;
● Ensure workers understand who to contact regarding concerns about the policy or when to report an incident;
● Respond within a period of seven days to complaints brought to their attention or take action if witnessing bullying, harassment or elements of a poisoned work environment;
● Respect the confidentiality and sensitivity of such issues to the extent possible;
● Document all information and investigation results;
● Conduct an investigation into allegations of harassment or sexual harassment; and,
● Integrate the appropriate and timely handling and reporting of workplace harassment as a part of satisfactory job performance by managers/supervisors.
Responsibilities of Chetwynd Community Arts Council Board, Staff, and Contractors:
● Comply with this policy by not engaging in any behaviour or conduct that could reasonably be interpreted as a violation of this policy;
● Adhere to the Peace Liard Regional Arts Council Basis of Unity and Equity Policies, have a foundational understanding of equity, and participate in ongoing learning;
● Report any instances of discrimination, harassment or bullying; and
● Maintain a work environment free from discrimination and harassment including sexual harassment, bullying and discriminatory harassment.
Procedure
Reporting
The individual who feels that they have been bullied, harassed, or discriminated against should take one or both of the following steps as soon as possible:
1. If comfortable doing so, the worker should tell the harasser to stop. The worker should firmly state that the behaviour is objectionable, unwelcome, and must stop immediately. The worker should also keep a written record of the incident, along with the steps taken to stop it. If the activity or behaviour does not stop after the person has been confronted, or if the worker does not feel comfortable confronting the person, then the worker should follow the procedure as outlined in step 2.
2. The worker should discuss the incident with the ED or, where the alleged harasser is the ED, the worker should discuss the incident with the Board Chair. If the worker does feel comfortable filing the complaint with the ED or Board Chair they should reach out to the designated external 3rd party. During this initial meeting, the worker should complete a written complaint with or without the assistance of the person receiving the complaint.
Investigation Process
The Chetwynd Community Arts Council will ensure a full, fair, and appropriate investigation is conducted into each incident or allegation of discrimination, bullying, or harassment that it becomes aware of. Investigations will be carried out according to the following guidelines:
● investigations will be conducted by the designated external 3rd party;
● all investigations will be conducted promptly (initial response within 1 week of receiving a complaint, investigation to begin within 2 weeks);
● all those directly involved, and witnesses will be spoken with;
● notes/statements will be prepared during each interview, reviewed by the person(s) being interviewed and signed for accuracy;
● records or other documents relevant to the incident being investigated (this may include complaints and observation notes, screen shots or other digital documentation, etc.) will be reviewed;
● relevant employment agreements and organization policies/procedures will be reviewed;
● a final summary/report of the investigation will be prepared; and,
● the allegedly and/or actually harassed worker and the alleged and/or actual harasser will be informed separately in writing of the results of the investigation and any corrective action taken as a result of the findings of the investigation.
The Chetwynd Community Arts Council will investigate the complaint diligently and confidentially to the maximum extent possible. In addition, any negative employment consequences which are found to have resulted from the bullying or harassment will aim to be rectified within a period of 1 month.
Discipline & Termination
Any worker found to have engaged in conduct that violates this policy will be subject to progressive discipline, which may take the form of a verbal warning, written warning, suspension and up to and including termination of employment or contract.
Because allegations of harassment are very serious, frivolous complaints found to have been made for improper purposes will result in progressive discipline of
the complainant, up to and including termination of employment or contract. If any worker receives a complaint of harassment or is otherwise aware of, or informed of a harassing situation, they must inform the ED, Chair, or the designated external 3rd party immediately.
Confidentiality
Workers should feel secure in knowing that their concerns will be handled as discreetly and sensitively as possible. Identifying information about any individuals involved in the harassment allegation will not be disclosed unless the disclosure is necessary for the purposes of investigating or taking corrective action with respect to the incident or complaint, or as otherwise required by law.
Reprisals
This policy strictly prohibits reprisals against a worker because they have brought forward a concern or have provided information regarding a concern under this policy. Any worker who commits or threatens reprisal against another worker for following this policy in good faith may be subject to progressive discipline, such as verbal warning, written warning, suspension and up to and including termination of employment or contract.
Workers are expected to assist in the prevention and elimination of bullying and harassment in the workplace by treating their co-workers with courtesy and respect at all times during their employment. The Chetwynd Community Arts Council in turn, will do its best to deal with
complaints that may arise in a fair and objective manner. Any breach of this policy will result in progressive discipline up to and including termination of employment, termination of contract, or removal from the Board.
Review
This policy statement will be reviewed annually, and all workers shall receive an initial copy and copies of further additions or deletions as they arise.
