4.4.1 Sexual Harassment: The Colleges and the Union are aware of the provisions of the Ontario Human Rights Code that provide that persons have the right to be free from a sexual solicitation or advance in the workplace where the person making the solicitation or advance knows or ought to know that it is unwelcome. Both parties subscribe to this principle, and to that end, acknowledge the following objectives: – a complaint of this nature shall be promptly investigated and, where warranted, appropriate action taken; – every effort shall be made and maintained by all parties to treat the complaint in a sensitive and confidential fashion, consistent with providing reasonable information to the complainant and the person against whom the complaint is made as to the nature of the allegation, the progress of the complaint, and its resolution or disposition; – the complaint shall be made to as impartial a person as possible, being the President or his/her designate and who is not the person against whom the complaint is made.
It is agreed that the complainant may choose a Union representative to assist him/her in presenting the complaint. At any point in the procedure the complaint may be referred to the Human Rights Commission.
4.4.2 Bullying/Psychological Harassment: The College shall make reasonable provisions to ensure that employees have the right to be free from bullying/psychological harassment as defined within this article. The College and the Local Union shall cooperate to the fullest extent possible to ensure the workplace is free from bullying/psychological harassment. Bullying/psychological harassment refers to any vexatious behaviour that is known, or ought reasonably to be known, to be unwelcome and that: – takes the form of repeated conduct which could reasonably be regarded as intending to intimidate, offend, degrade or humiliate, and/or – affects an employee’s dignity, or psychological or physical integrity, and/or – results in a harmful work environment.
Examples of bullying/psychological harassment include, but are not limited to, the following: – berating/belittling an individual; – repeated unwarranted criticism; – undermining or deliberately impeding a person’s work; – spreading malicious rumours or gossip that is not true; – physical gestures intended to intimidate, offend, degrade or humiliate an individual.
Reasonable action by a College, a manager and/or a supervisor in the course of managing the workplace is not bullying/psychological harassment. Examples of this include, but are not limited to, the following: – the transfer, demotion, discipline, counsel or dismissal of an employee in a reasonable manner; – a decision, based on reasonable grounds and facts, not to promote or grant another benefit in connection with an employee’s employment or performance.
The parties recognize that bullying/psychological harassment is unacceptable in the workplace, and to that end acknowledge the following objectives: – a complaint of this nature shall be promptly investigated and, where warranted, appropriate action taken; – every effort shall be made and maintained by all parties to treat the complaint in a sensitive and confidential fashion, consistent with providing reasonable information to the complainant and the person against whom the complaint is made as to the nature of the allegation, the progress of the complaint, and its resolution or disposition; – the complaint shall be made to as impartial a person as possible, being the President or his/her designate and who is not the person against whom the complaint is made; – frivolous allegations of bullying/psychological harassment that are unfounded, will be treated as a disciplinary offence, that could lead to dismissal; – allegations found to be true, will be treated as a disciplinary offence that could lead to dismissal.
It is agreed that the complainant may choose a Union representative to assist him/her in presenting the complaint.