Protection of Human Rights Policy
Properly Discharged Supervision/Evaluation
Supervisory, instructional and evaluation responsibilities which are properly carried out by managers, teachers or technologists do not constitute harassment. Performance appraisals, evaluations, discipline and appropriate enforcement of high standards which are based on objective criteria are not contrary to this policy.
Fairness for All
The college recognizes its obligation to ensure that this policy and the procedures are fair and applied fairly. The college is committed to deal quickly, fairly and effectively with harassment and discrimination. Complainants should feel free to bring their complaints forward and those against whom allegations are made should have a full and fair opportunity to respond to those allegations.
Policy Application - Who?
The policy applies to all employees and students, Board of Governors members, members of committees, societies or associations established or recognized by the college, residence staff, contractors, providers of service or research, visitors or guests and applicants for admission or employment.
All contractors providing services on College facilities on an ongoing basis are required to comply with this policy and the Ontario Human Rights Code, including co-operation in investigations. Breach of this clause may result in penalties, cancellation, or debarment if a contractor is found in violation of this policy or the Ontario Human Rights Code.
Policy Application - Where?
- The college will not tolerate harassment or discrimination in its employment, educational or business dealings, whether these actions take place on its premises or during college activities off campus.
- For those incidents taking place off college property, there must be potential for an adverse impact on work or study performance or the creation of a negative environment. For example, such activities as a field trip, a social event or a meeting taking place under the auspices of the college and held off the campus are covered by this policy.
Preventing Harassment and Discrimination - Education
- While this policy provides a resolution oriented process for resolving and, where necessary, investigating complaints, its primary purpose is to prevent harassment and discrimination taking place at Conestoga College. To this end the college is committed to ensure that each member of the college community is made aware of the policy through an ongoing program of information dissemination, education and training.
- On a regular basis, all students, employees and contractors will receive written information about the Human Rights Policy and Procedure.
- Managers and others in authority will be made aware of their responsibilities under the policy and procedure and the Ontario Human Rights Code.
- Education awareness activities relating to the policy will be provided as determined by the Human Rights Policy Coordinator.
Right to go Elsewhere
This policy provides an opportunity to deal with harassment and discrimination issues in a timely and fair manner. All members of the college community are required to follow the policy and procedures. Nothing in the policy is intended to prevent a complainant from using an alternate procedure, such as a collective agreement, the Human Rights Code, Criminal Code or legal action.
To the extent possible, where a complaint is substantiated, the college’s objective is to restore complainants to the position they would have been in had the discrimination not occurred. A substantiated act of discrimination or harassment shall be cause for action by the college up to and including the possibility of discipline and/or discharge in the case of an employee or expulsion in the case of a student or contractual person.
Trivial, Frivolous, Vexatious Complaints Or Complaints Made In Bad Faith
Complaints which are found to be trivial, frivolous, vexatious or made in bad faith may result in action by the college against the complainant. The severity of the action will be determined based on the seriousness and impact of the complaint.
Protection from Reprisal
In order to protect individuals who make use of this policy or participate in proceedings as part of the complaint procedure, the college prohibits reprisal or threat of reprisal against these individuals. Any person who is found to have acted in, or threatened reprisal shall be subject to college action.
The college may, from time to time, implement a special initiative designed to relieve hardship or economic disadvantage or to assist disadvantaged persons or groups to achieve or attempt to achieve equal opportunity. The protections from discrimination and harassment defined in this policy are not infringed if such an initiative is implemented.