Workplace Violence and Anti-Harassment Policy

Ottawa Arts Council commits to provide a workplace free from any type of harassment, violence, and discrimination where all staff members, invited artists, cultural workers, trainers, participants, members of the public and volunteers are treated with respect and dignity.

Harassment, discrimination, violence, sexual misconduct, and abuse of power cannot be tolerated in any workplace. All employees, artists, cultural workers, trainers, participants, volunteers, or anyone involved in our activities have to be able to work in a safe and respectful workplace, without fear of reprisal, harassment, discrimination, violence, sexual misconduct and abuse of power or any other behaviour that contributes to an unhealthy work environment.

At the Ottawa Arts Council, we believe that everybody deserves to be treated with dignity and mutual respect. Our objective is to provide a workplace that promotes fairness of opportunities and prohibits harassment, violence, and discriminatory practices. Ottawa Arts Council must comply with its obligations under the Human Rights Code and the Occupational Health and Safety Act, and all other statutory obligations.

Therefore, in accordance with the provisions of the Ontario Human Rights Code, Ottawa Arts Council, its employees, contractors, administrators, volunteers, clients and suppliers are prohibited from engaging in any type of discrimination or harassment based on race, ancestry, birthplace, colour, ethnicity, citizenship, beliefs, sexual orientation, gender identity, gender expression, age, record of offense, marital status, family status or disability, or any other factor protected by the applicable provincial law regarding human rights against any staff member, contractor, administrator, volunteer, client or supplier.

Ottawa Arts Council commits to provide a workplace free from any type of harassment, violence and discrimination and recognizes for this purpose the following objectives:

  • Providing a workplace where staff and volunteers recognize and apply this policy;

  • Providing a workplace where staff and volunteers can raise concerns about inappropriate behaviours or make a complaint without fear of reprisal;

  • In the case of a person outside of the organization raising a complaint against Ottawa Arts Council staff or volunteers, ensuring a process that is professional, transparent, and effective to work to resolve the issue;

  • Keeping the parties that are directly involved informed of the complaint’s progression, the conclusions of the investigation, and whenever possible, the decisions resulting from the complaint and the investigation;

  • In the case of a complaint, implementing, as soon as possible, appropriate measures that respond to allegations and eliminate all types of harassment, violence, and discrimination;

  • Providing staff with a process to handle complaints and to solve the problem internally, without preventing the complainant from pursuing another recourse if he/she/they deem(s) it appropriate; and

  • Reviewing this policy annually with the Board of Directors so that it can evolve and respond to staff needs in order to eliminate all types of harassment, violence, and discrimination.

APPLICATION

This policy applies to the staff at Ottawa Arts Council. This policy also applies to the Board of Directors, the public, participants, volunteers, and suppliers that provide services to Ottawa Arts Council. This policy applies to all behaviours related to the work or functions of staff members, including during meetings, workshops, exhibits or performances, etc. at our facilities or elsewhere, as well as during training and work trips.

Nothing in this policy prevents or discourages an employee from filing an application with the Human Rights Tribunal on a matter related to the Human Rights Code. An employee also retains the right to exercise any other legal avenues that may be available.

CONFIDENTIALITY

As part of its complaint process, Ottawa Arts Council will put in place the necessary parameters in order to ensure, whenever possible, confidentiality and the privacy of information. The name of the complainant, circumstances of the complaint, investigation reports, complaints, witness statements and other documents or information produced in accordance with this policy will be kept strictly confidential by Ottawa Arts Council, except when disclosure is necessary as part of the investigation or if otherwise required by this policy, or if the information is necessary to handle the complaint, conduct the investigation, or impose disciplinary or administrative measures. Therefore, information may be shared, notably:

  • When it might be of a criminal nature;

  • When we deem it necessary to protect others against harassment or acts of violence;

  • When fairness and the right to natural justice must be ensured as part of the procedures within this policy;

  • As provided under applicable laws regarding occupational health and safety;

  • When required by law or court order; and

  • For the protection of Ottawa Arts Council’s interests.

All involved parties in a complaint must respect the confidentiality of information of other parties involved, must refrain from discussing the complaint except with those that need to be informed and must act with professionalism and discretion during the complaint process.

1. DEFINITIONS

1.1 DISCRIMINATION REFERS TO: The act of treating a group or an individual within a group differently, based on prejudice or negative attitudes. Discrimination on grounds of race, ancestry, birthplace, colour, ethnicity, citizenship, beliefs, sexual orientation, gender identity, gender expression, age, record of offense, marital status, family status or disability, or any other factor protected by the applicable provincial law regarding human rights is prohibited.

1.2 HARASSMENT REFERS TO: The act of engaging in a course of vexatious comments or conducts, intimidation, or threats against someone in a workplace when they know or ought reasonably to know that these comments or conducts are unwelcomed.

Some examples of prohibited behaviour include, but are not limited to:

  • Words, gestures, or actions that constitute discrimination or harassment under the Ontario Human Rights Code;

  • Sexual solicitations or advances;

  • Reprisals or a threat of reprisal for the rejection of a sexual solicitation or advance;

  • Bullying;

  • Intimidating or offensive slurs, jokes, graffiti, literature, or innuendos;

  • The display, circulation, or electronic transmission of pornographic, racist, or otherwise offensive or derogatory pictures or materials;<

  • Comments or actions that create an intimidating, hostile or poisoned work environment;

  • Offensive or intimidating phone calls; and

  • Rumours or gossip.

Harassment in the workplace also includes sexual harassment on grounds of sex, sexual orientation, gender identity or gender expression. The OHSA defines sexual harassment as:

  • engaging in a course of vexatious comment or conduct against a worker in a workplace because of sex, sexual orientation, gender identity or gender expression, where the course of comment or conduct is known or ought reasonably to be known to be unwelcome, or

  • making a sexual solicitation or advance where the person making the solicitation or advance is in a position to confer, grant or deny a benefit or advancement to the worker and the person knows or ought reasonably to know that the solicitation or advance is unwelcome.

Examples of other conduct that constitutes sexual harassment include but are not limited to:

  • leering

  • the display of sexual offensive material

  • sexually degrading words used to describe a person whether or not the person is present

  • derogatory or degrading remarks directed towards members of one sex or one sexual orientation

  • sexually suggestive or obscene comments or gestures

  • inquiries or comments about a person’s sex life

  • unwelcome sexual flirtations, advances, or propositions

  • persistent unwanted contact or attention after the end of a consensual relationship

  • requests for sexual favours

  • unwanted touching

  • verbal abuse or threats

  • sexual assault

To constitute harassment, the comments or conduct typically happen more than once. However, certain actions or behaviour may be of such a serious nature that one such action or behaviour could constitute harassment. The acts could occur over a relatively short period of time (for example, during the course of one day) or over a longer period of time (such as weeks, months, or years).

1.2.1 WHAT DOES NOT CONSTITUTE WORKPLACE HARASSMENT:

This Policy is not intended to limit or constrain the reasonable exercise of management functions in the workplace. Specifically, this Policy does not prohibit management staff from carrying out functions that fall within their rights and responsibilities, provided this is done in an appropriate, professional manner that does not constitute an abuse of power. Such functions include, but are not limited to, conducting performance appraisals; addressing performance, conduct and dress issues; delegating work assignments, and determining work locations and schedules for staff. The reasonable exercise of management functions does not on its own constitute harassment, discrimination, or abuse of power.

1.3 WORKPLACE VIOLENCE MEANS:

  • The exercise of physical force by a person against a worker, in a workplace, that causes or could cause physical injury to the worker, or

  • An attempt to exercise physical force against a worker, in a workplace, that could cause physical injury to the worker, or

  • A statement or behavior that is reasonable for a worker to interpret as a threat to exercise physical force against the worker, in a workplace, that could cause physical injury to the worker.

1.4 UNHEALTHY WORKPLACE REFERS TO: A workplace where an activity or behaviour, not necessarily directed at anyone in particular, creates a hostile or offensive work environment.

1.5 ABUSE OF POWER OR AUTHORITY REFERS TO: The act, by a person in a position of power, of inappropriately using the authority and power inherent in their position or functions to endanger someone’s job, undermine their performance, put their livelihood at risk, or in any way interfere with their career or job. It refers to authority in a manner which serves no legitimate work purpose and ought reasonably to be known to be inappropriate. Abuse of power is included in a broader definition of harassment.

1.6 STAFF MEMBER REFERS TO: Ottawa Arts Council staff, whether they are full-time, part-time, occasional, contractual, permanent, temporary, and regardless of the contractual relationship with Ottawa Arts Council.

1.7 WORKPLACE REFERS TO: Any place where employees work or perform tasks related to their functions. Production sites or meeting places outside of Ottawa Arts Council’s office are also included in the definition of workplace.

1.8 COMPLAINANT REFERS TO: The alleged victim of harassment, violence, or discrimination.

1.9 RESPONDENT REFERS TO: The person who is alleged to have committed an offence by the complainant.

2. ROLES AND RESPONSIBILITIES

2.1 OTTAWA ARTS COUNCIL MUST:

  • provide a workplace free from all types of harassment, discrimination, or violence;

  • ensure that staff is aware and informed of this policy;

  • post this policy and all other related policies in the workplace;

  • evaluate the risks of workplace violence as often as needed in order to ensure that this policy and related policies continue to protect staff against workplace violence;

  • inform staff about risks of violence by another staff member who has a history of violent behaviour if other staff members will be working directly with this person and if other staff members are exposed to risks of violence. Ottawa Arts Council will only divulge what is strictly necessary in order to protect its staff in these circumstances;

  • take all reasonable precautions to protect a staff member who knows or is aware that domestic violence could occur in the workplace and expose an employee to physical harm. This only applies when the risk exists in the workplace;

  • put in place forms to report incidents and follow-up procedures to help the complainant and the respondent;

  • select a person who will be responsible for monitoring discrimination, harassment, and violence in the workplace; and

  • review the policy with the Board of Directors and modify as needed.

2.2 OTTAWA ARTS COUNCIL’S EXECUTIVE DIRECTOR MUST

  • foster a workplace free from all types of harassment, discrimination and violence and set an example through his/her/their own appropriate behaviour at work at all times;

  • understand and ensure the application of the policy;

  • communicate the policy to all staff members under their authority;

  • verify that service providers and external parties (volunteers, etc.) are made aware of this policy;

  • review complaints, as the case may be;

  • verify if the allegations of harassment, discrimination or violence are legitimate;

  • determine the necessary corrective or disciplinary measures; and

  • act and use their authority and power to prevent acts of discrimination, harassment, and violence in the workplace.

2.3 INDIVIDUALS MUST:

  • show respect for their colleagues by behaving appropriately at work at all times. This refers to a behaviour free from harassment, discrimination, or violence;

  • report to the Executive Director, and above all not ignore situations of harassment, discrimination or violence; and

  • cooperate in the investigation process as needed.

2.4 INDIVIDUALS CAN EXPECT:

  • to be treated with respect and dignity at work;

  • that situations of harassment, discrimination or violence will not be tolerated;

  • that situations of harassment, discrimination or violence will be treated promptly;

  • to be allowed a fair process during an investigation process; and

  • not to be subject to reprisal for reporting concerns about behaviour, a case of harassment, discrimination, or violence, or for having participated in an investigation.

 3. Workplace Violence and Harassment Complaint Procedure

Any Worker who feels that he/she/they has/have experienced workplace violence or harassment may take the recommended steps below or file a complaint under this policy, or initiate proceedings without prejudice or fear of reprisal.

Responding to Workplace Violence

In the case of imminent or actual workplace violence or a threat of workplace violence, immediately alert the Executive Director. In some situations, it may be appropriate to call “911” for emergency response.

Responding to Non-Emergency Situations

Employees who feel that they are being subjected to harassment (including sexual harassment) or workplace violence are encouraged to bring the matter to the attention of the alleged harasser and make their objection clearly known to that person and request that the harassment stop. Telling the person that you do not like their actions is often enough to stop the behaviour. If the employee does not feel comfortable doing so, the employee should immediately report the behaviour using the procedure outlined below.

If you believe that someone who is not a Worker, e.g., a member of the public, has subjected you to workplace violence or any form of harassment, please report the incident to the Executive Director. Harassing behaviour from non-workers is unacceptable and will be dealt with under this Policy.

Keep records of the incident(s), including dates, location, witnesses, your response to the individual and any other pertinent information.

If allegations of workplace violence or harassment are made against you, keep a record of your memory of the alleged incident.

Individuals have the right to lodge a complaint when potential situations of discrimination, harassment or violence occur

COMPLAINT FILING PROCEDURES

The following procedure serves as a guideline for Ottawa Arts Council when filing a complaint. Considering the potential scope of complaints, this procedure cannot dictate the handling of every complaint, and Ottawa Arts Council is capable of determining the required and necessary steps to take when filing a complaint by taking into account circumstances surrounding the events and the reported incidents, complexity of facts, seriousness of allegations and involved parties, etc.

1. FILING A COMPLAINT

  • Anyone who believes themselves to be a victim of discrimination, harassment or violence can file a complaint with the Executive Director;

  • Anyone who becomes aware of harassment, they are encouraged to express their objection immediately to the person concerned

  • In the event that the Executive Director is involved in the case, the complainant will then turn to the President of the Board of Directors;

  • The complaint may be verbal or written. If the complaint is verbal, the person receiving the complaint will record in detail the information given by the complainant; the person receiving the complaint will advise the complainant that their complaint is being recorded in writing as per the anti-harassment policy.

  • To the extent possible, the complainant must provide detailed information, such as a description of events; date and time; location; frequency of incidents and names of everyone present (if it applies). The complaint must reflect the facts and cannot be false or defamatory in nature; this can be anonymous however; should there be an investigation employees are required to provide their name.

  • The complaint must be filed as soon as possible by the complainant;

  • The Executive Director or the President of the Board of Directors, according to circumstances, will notify the respondent in writing that a complaint has been made against him/her/them. The letter must include details of the allegations. Every effort will be made to settle the complaints of harassment in a reasonable period. For the sake of transparency, parties will be informed of timelines and delays as part of the process undertaken by Ottawa Arts Council;

  • In light of the complaint, the Executive Director, or the President of the Board of Directors can determine if temporary measures are necessary and required in these circumstances in order to limit contact between the complainant and the respondent; and

  • There will be no repercussions for reporting an incident in good faith or for participating in an investigation. Retaliation against any individual associated in any way with a complaint under this policy, will be treated as harassment.

 2 MEDIATION

  • Whenever possible, mediation will be suggested to the parties involved to settle the complaint before proceeding with an investigation;

  • The mediation process is voluntary and confidential;

  • This process aims to help the parties come to a possible solution to the case reported in the complaint;

  • The mediator will be a neutral person acceptable to both parties;

  • The mediator will not participate in the investigation of the complaint; and

  • Each party involved will be allowed to be accompanied and helped by a person of their choosing.

3. INVESTIGATION

If the situation does not allow for mediation or if mediation does not lead to a settlement of the complaint, an investigation may be initiated by the Ottawa Arts Council. Every investigation will be led by a person with the necessary training and experience. In certain cases, Ottawa Arts Council may entrust the investigation to an external consultant. The investigator will meet with the complainant, the respondent,and all identified witnesses. All interviewees will be allowed to review their own statement, compiled from the investigator’s notes, to verify its accuracy before the end of the investigation.

The investigator will draft a report for Ottawa Arts Council, which will include:

  • a description of the allegations;

  • a response from the person who is the subject of the complaint;

  • a summary of the witnesses’ testimonies (if applicable);

  • the investigation’s conclusion which will determine if the complaint is legitimate, in all likelihood, and if there was violation of this policy.

 The report will be submitted to the Executive Director or the President of the Board of Directors (according to circumstances). Ottawa Arts Council can also ask the investigator to prepare a summary report that would protect the witnesses’ identity and the confidentiality of information gathered through the investigation. If he/she/they deem(s) it appropriate, the investigator can provide Ottawa Arts Council with recommendations while avoiding voicing their opinion in regard to the disciplinary measures required, when necessary. The complainant and the respondent will be informed of the conclusions of the investigation and the corrective measures.

4. CORRECTIVE MEASURES AND FOLLOW-UP

When a complaint is found to be legitimate, Ottawa Arts Council will decide on measures and follow-ups to be taken. Disciplinary measures ranging from a simple warning to a discharge or dismissal may be imposed. If, however, the investigation revealed that the complaint was unfounded, Ottawa Arts Council could also, at its sole discretion, take measures such as:

  • provide training to employees or put in place measures to improve communication between staff members;

  • review certain organizational practices or policies;

  • conclude that no action is required; or

  • any other measure that Ottawa Arts Council may deem appropriate in these circumstances.

REPORTS

When a complaint leads to disciplinary measures against the staff member responsible for the incident, a report documenting the agreed-upon measures will be drafted and inserted into the staff member’s file. All other documents related to the incident (i.e., initial complaint, investigation report, etc.) will be filed separately from the personal files of those involved in a sealed envelope accessible only by the Executive Director or the Board of Directors according to the limits prescribed by this policy regarding confidentiality.

5. DISCIPLINARY MEASURES

Sanctions and discipline will be applied in cases where the investigation results in a finding that harassment took place. During an investigation, one or both of the complainant or the person against 8 whom a complaint has been lodged may be moved to another work location without penalty or impact to wages pending the outcome of the investigation.

 Following the investigation of a complaint, appropriate corrective or disciplinary measure will be taken against any person found to have harassed an individual attending the Ottawa Arts Council’s office. These measures may include any of the following:

  • A formal apology

  • Training/counseling

  • Written warning

  • Termination of employment or of independent contractor professional services agreement

  • Termination of client contract

Any Manager, Employee, Contractor or Client who knowingly makes a false accusation of harassment will be subject to the appropriate sanctions. This is in no way intended to prevent individuals from making a complaint in the sincere belief that harassment has taken place.

External recourse

Any worker may seek to resolve a workplace harassment incident or complaint outside of the employer’s internal investigation process, particularly where they believe the matter was not properly dealt with. They may contact the Human Rights Legal Support Centre for help, or the Human Rights Tribunal directly to file an application to have the matter heard. Contact information for those parties may be found at the end of this document.

The Executive Director:

Is responsible for following up on the recommended sanctions and/or remedial actions provided in the report from the HR Consultant and/or the Investigator

 

Human Rights Tribunal, General Inquiries:

Toll-free: 1-866-598-0322

TTY toll-free: 1-866-607-1240

By email: hrto.tdpo@ontario.ca

 

Ministry of Labour Health & Safety Contact Centre

Toll-free: 1-877-202-0008

TTY: 1-855-653-9260

In an emergency, call 911 immediately.

 

6. REQUEST FOR INFORMATION

All requests for information related to the policy and the procedures must be sent to the Executive Director or the President of the Board of Directors.

The Workplace Violence and Anti-Harassment Policycan be downloaded here:

https://www.ottawaartscouncil.ca/policies