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Administrative Procedure

AP-725 — Respect in the Workplace

Section Seven: Personnel and Employee Relations
Effective Date: August 29, 2017 Last Reviewed: June 17, 2024

1. BACKGROUND

Grasslands School Division is committed to a culture and workplace where everyone is treated with dignity and respect. Employees, parents/guardians, volunteers, visitors and contractors have a right not to be subjected to discrimination, harassment, sexual harassment, or violence in the school jurisdiction. The Division supports the prevention of discrimination, harassment, sexual harassment and violence, and promotes an abuse-free environment in which all people respect one another. Reported occurrences will be investigated and responded to as outlined in this administrative procedure.

2. APPLICATION AND COMPLIANCE

2.1. This administrative procedure applies to all individuals working or volunteering for Grasslands School Division, or attending Division schools, including, but not limited to: employees, parents/guardians, volunteers, visitors and contractors. It applies to conduct within the Division's sites (including schools and other sites) during work or all school-related activities, whether on or off Division property.

2.2. All individuals mentioned in Section 2.1 are responsible for knowing, understanding and complying with this administrative procedure. Failure to comply may result in disciplinary action up to and including termination of employment or exclusion from the school, work site and organization.

2.3. If the Respondent to a complaint under this administrative procedure is a student, the processes and principles set out in Policy 905 Student Conduct and Administrative Procedure 905 Student Conduct shall apply.

3. DEFINITIONS

The following definitions shall apply for the purpose of this administrative procedure:

3.1. Discrimination

Discrimination means any behavior, action or practice, including in cyber form, whether intentional or not, that differentiates adversely, excludes or denies access to an individual on the basis of race, religious beliefs, colour, gender, gender identity, gender expression, sexual orientation, physical disability, mental disability, age, ancestry, place of origin, marital status, family status, or source of income.

3.2. Harassment

Harassment means any unwelcome verbal or physical conduct, behaviour, or communication, including in cyber form, that disparages, humiliates, intimidates, threatens, or harms another person or group of persons. The behaviour need not be intended as harassing to be considered harassment. It is sufficient where that the behavior is known or reasonably ought to be known to be offensive or unwelcome.

Harassment may be a single or series of incidents, including incidents of objectionable or unwelcome conduct, comment, bullying or action because of gender of a person that the person knows or ought reasonably to know will or would cause offence or humiliation to an individual, or adversely affect the individual's health and safety; it can occur at work or not, during working hours or not. Harassment may involve individuals or groups, and may take verbal, written, graphic, cyber, or physical forms.

Examples of harassment include, but are not limited to, the following:

Note: The normal exercise of management or supervisor authority including but not limited to training, direction, instruction, supervision, evaluation and discipline does not constitute harassment.

This harassment prevention policy is not intended to discourage a worker from exercising rights pursuant to any other law, including the Alberta Human Rights Act.

3.3. Sexual Harassment

Sexual Harassment is any unwelcome behaviour, conduct, or communication which is sexual in nature. Such behaviour may directly or indirectly affect or threaten to affect in an adverse manner a person's job security, prospects, promotions, earnings, working conditions, or learning environment. The behaviour need not be intended as sexually harassing to be considered Sexual Harassment. It is sufficient that the behaviour is known or reasonably ought to have been known to be offensive or unwelcome.

Sexual Harassment can include, but is not limited to:

3.4. Workplace Violence

Acts of violence can assume many forms ranging from an implied threat to physical contact. Abuse in any form erodes the mutual trust and confidence that is essential to Grasslands School Division's operational effectiveness. Any incident in which a worker is threatened, coerced, abused, or sustains physical, emotional, or psychological harm or injury in, at, or related to the workplace is considered to be an occurrence of workplace violence.

3.4.1 The Division will disclose only the minimum amount of personal information that is necessary to inform employees of a specific or general threat of violence or potential violence.

3.4.2 The Division's violence prevention policy is not intended to discourage an employee from exercising the employee's rights pursuant to any other law.

3.4.3 If an incident of violence occurs at any Division worksite, any employee may obtain immediate assistance by contacting any one or more of the following:

3.5. Domestic Violence

Domestic Violence becomes a workplace hazard when it occurs or spills over into the workplace. It may put the targeted worker at risk and may pose a threat to coworkers. Grasslands School Division will take reasonable precautions to protect affected employees (workers) if they are likely to be exposed to domestic violence at work.

3.6. Complainant

Complainant means a person who believes that they have been the subject of discrimination, harassment, sexual harassment, or violence and who makes a complaint in accordance with this administrative procedure.

3.7. Respondent

Respondent means a person against whom a complaint has been made involving allegations of discrimination, harassment, sexual harassment, or violence in accordance with this administrative procedure.

3.8. Supervisor

Supervisor means the position of the individual in charge of a work site or directing the activities of employees (workers). The following job titles may also be used and share the roles and responsibilities of a Supervisor: school administrator, director, manager, foreman, lead hand, team lead.

4. DIVISION TO INVESTIGATE AND RESPOND TO COMPLAINTS

The Division will investigate and respond to a complaint and/or act on its own discretion in the absence of a complaint under this administrative procedure and will take remedial action as necessary and appropriate, which may include disciplinary action up to and including termination of employment and/or exclusion from a school, work site, or other Division-related site or event.

5. CONFIDENTIALITY & RECORDS

5.1. The Division recognizes the difficulty of reporting discrimination, harassment, sexual harassment, or violence and understands that confidentiality is important to all parties. The Division will endeavor to respect the confidentiality of the parties and witnesses to the greatest extent possible and disclose information as required on a need-to-know basis. Confidentiality of information is not the same as anonymity.

5.2. Information gathered in the course of investigating a complaint, including the identity of the Complainant, Respondent and any witnesses will only be disclosed:

5.2.1. as necessary for the purposes of this administrative procedure and to conduct any investigation in accordance with the principles of fairness and natural justice; including advising the Supervisor of the complaint and the identity of the Complainant and Respondent, and disclosing the outcome of the investigation;

5.2.2. where disclosure is necessary due to an imminent threat to the safety to the Complainant or any other individual; and

5.2.3. As required by law.

5.3. Any person who breaches confidentiality during or after an investigation under this administrative procedure may be subject to discipline.

5.4. All records related to an investigation under this administrative procedure must be kept separate from the employee's personnel file, except when the allegations are determined to be substantiated and disciplinary action is taken.

6. TIMELINES

Complaints of discrimination, harassment, sexual harassment, or violence under this administrative procedure are to be made within one (1) year from the date of the discriminatory, harassing, or violent incident or behaviour. However, complaints which are brought forward more than one (1) year after the date of the occurrence may be investigated, at the discretion of the Superintendent, or designate.

7. ROLES AND RESPONSIBILITIES

7.1. All Supervisors are responsible for:

7.1.1. informing themselves and their employees, parents, volunteers, visitors and contractors of this administrative procedure;

7.1.2. ensuring employees (workers), parents, volunteers under their supervision are not subject to harassment or violence at work; and

7.1.3. taking appropriate and timely action to address situations, events, or occurrences or complaints of discrimination, harassment, sexual harassment, or violence in consultation with Human Resources personnel.

7.2. All Division employees, contractors, volunteers, visitors and parents are responsible for:

7.2.1. complying with this administrative procedure;

7.2.2. conducting themselves appropriately;

7.2.3. making the decision to file a complaint of discrimination, harassment, sexual harassment, or violence and for making said complaints in good faith; and

7.2.4. cooperating with any investigation that is undertaken in accordance with this administrative procedure.

8. COMPLAINT OPTIONS

A complaint of discrimination, harassment, sexual harassment, or violence may be resolved by any one or all of the following methods. Teachers who have a complaint against another teacher or have a complaint against themselves, should seek advice through the Alberta Teachers' Association, to ensure they are in compliance with the Code of Professional Conduct for Teachers and Teacher Leaders.

8.1. Informal Resolution

8.1.1. The Complainant is encouraged to first take direct action to resolve an issue by advising the Respondent, either verbally or in writing, at the earliest opportunity. This means that individuals are encouraged to make their objection known to the Respondent and that their actions are unwelcome and must stop immediately.

8.1.2. Where the Complainant is uncomfortable approaching the Respondent directly, the individual may request the involvement of a third party to provide informal intervention towards an acceptable resolution.

The following third-party individuals can assist in providing information by way of informal intervention:

8.1.3 The Complainant should keep a record of incident(s) that lists dates, times, locations, possible witnesses, description of the incident(s), personal response and outcome.

8.1.4 The Respondent and third party should keep a record of the meeting(s), action plan and outcome.

8.2. Formal Resolution

8.2.1. Complainants are not required to use the informal resolution process prior to filing a formal complaint.

8.2.2. Where informal resolution proves unsuccessful or inappropriate, the Complainant may request a formal investigation initiated by a formal written complaint.

8.2.3. A formal complaint shall be made in writing by the Complainant, when reasonable to do so, using the attached form, or in the Complainant's own words, as follows:

  1. To the Complainant's immediate Supervisor or the school administrator in the case of a non-employee Complainant, who will forward the formal complaint to the Superintendent, or designate;
  2. If the Supervisor or school administrator is identified as the Respondent, the Complainant shall submit their formal complaint directly to the Superintendent, or designate;
  3. If the Superintendent is identified as the Respondent, the Complainant shall submit their formal complaint directly to the Chair of the Board of Trustees.
  4. Upon receipt of a formal complaint, the Superintendent, or designate shall, within a timely manner, carry out a preliminary review of the complaint to ensure that it is complete and determine whether or not there are reasonable grounds for investigation.
  5. After determining there are reasonable grounds for investigation, the Superintendent, or designate, shall promptly inform the Complainant, Respondent, and the Supervisors of the Complainant and Respondent, where applicable, that a formal complaint has been received and will be investigated. Individuals who are named as Respondents in a complaint have a right to know in a timely manner that they are the subject of a complaint. In particular, a Respondent has a right to know the specifics of the allegation(s), including times, dates and actions.
  6. An internal or external investigator will be assigned. While the nature of the investigation may vary, depending on the complaint, the investigator will conduct an investigation which will consist, where possible, of personal interviews with the Complainant, the Respondent and others, who may have knowledge of the incidents or circumstances that led to the complaint
  7. If at any point in the formal process, the parties mutually agree that the informal approach is more appropriate, the formal process may be suspended.

8.2.4 The Superintendent, or designate, shall communicate in writing their determination based on the results of the investigation to both parties.

  1. If the investigation finds the complaint is valid, appropriate action shall be taken including but not limited to the following:
    1. disciplinary action which may range from a reprimand up to and including termination of employment;
    2. referral of the victim and harasser to available supports such as the District's Employee Assistance Program where applicable or other support resources within or outside of the school; and/or
    3. removal or expulsion of individuals from Grasslands School Division's property or Grasslands School Division funded events.

8.2.5 Formal investigations will be carried out in a timely manner. Timelines may be extended depending on the circumstances. Such circumstances will be documented.

8.3 These procedures do not remove the right to file a complaint with the Alberta Human Rights Commission, through civil or criminal court, or the Alberta Teachers' Association, if applicable.

9. REPRISALS/RETALIATION

9.1. Reprisals (retaliation) against individuals who have reported a complaint (informal or formal) in good faith or against any witness in an investigation under this administrative procedure are forbidden, including any retaliation against an individual for:

9.2. Alleged reprisals against any individual involved in an investigation under this administrative procedure will be considered harassment under this administrative procedure and shall be investigated as a formal complaint, and if substantiated, will be subject to the same consequences as a founded complaint of harassment, including being subject to discipline, up to and including termination of employment, or exclusion from any school site.

9.3. If an individual believes they have experienced retaliation, they must inform their Supervisor and/or the assigned investigator about the exact nature of the behaviour.

10. FALSE COMPLAINTS

If it is determined, on a balance of probabilities, that a complaint made under this administrative procedure (informal or formal) was made in bad faith, is vexatious or malicious, or falsely accused another of Discrimination, Harassment, Sexual Harassment or Violence, the complaint process shall be discontinued and disciplinary action may be taken against the Complainant, up to and including termination of employment.

GRASSLANDS COMPLAINT FORM

DISCRIMINATION, HARASSMENT or VIOLENCE in the WORKPLACE

Complainant Name: ____________________________

Home Address: _____________________________________

Workplace in Grasslands: _____________________________________

Cell Phone: _______________ Home Phone: _______________________

Date(s) and time(s) and location(s) of alleged incident(s):

Name(s) of person(s) you believe discriminated against, harassed or inflicted violence upon you or another person:

If the alleged unacceptable behaviour was directed toward another person rather than toward you, identify the person you believe was discriminated against, harassed or violence was inflicted upon.

Describe the incident(s) as clearly as possible. Include a full description of the events, and verbal statements (i.e., threats, requests, demands, etc.), and what, if any, physical contact was involved. Attach additional pages as necessary.

List any witnesses who were present:

How did you or the person discriminated against, harassed or to which violence was inflicted upon (if not you) react to the event?

This complaint is based upon my honest belief that ______________________________ has discriminated against, harassed or inflicted violence upon me or another person. I hereby certify that the information I have provided in this complaint is true, correct and complete to the best of my knowledge.

_____________________________ _____________________________ (Complainant's signature) (Date)

_____________________________ _____________________________ (Received by) (Date)