Human Rights Policy

APPENDIX A: Definitions

Anti-Black Racism: Prejudice, attitudes, beliefs, stereotyping and discrimination that is directed at people of African descent and is rooted in their unique history and experience of enslavement. Anti-Black racism is deeply entrenched in Canadian institutions, policies and practices, such that anti-Black racism is either functionally normalized or rendered invisible to the larger white society. Anti-Black racism is manifested in the legacy of the current social, economic, and political marginalization of African Canadians in society such as the lack of opportunities, lower socio-economic status, higher unemployment, significant poverty rates and overrepresentation in the criminal justice system. The stigma and stereotypes Black Ontarians and communities face have impacted public policies, decision-making and services. As a result, in nearly every measure of opportunity, security and fairness in our society, anti-Black racism is felt. (Ontario’s 3-year Anti-Racism Strategic Plan, p.51)

Balance of Probabilities: The standard is met if the proposition is more likely to be true than not true. Effectively, the standard is satisfied if there is more than a 50% chance the proposition is true. Simply stated as "more probable than not", this is the standard that must be met in order to demonstrate that there has been a contravention of Humber’s Human Rights Policy.

Complainant: The person(s) who allege(s) a violation of Humber’s Human Rights Policy.

Directing Mind: In general terms, an employee who performs management duties is considered a “directing mind”. Employees with only supervisory authority may be viewed as a “directing mind” if they function, or are seen to function, as representatives of the organization. Non-supervisors may be considered part of the “directing mind” if they have assumed supervisory authority or have significant responsibility for guiding employees. For example, a member of the bargaining unit who acts as a lead-hand may be considered a “directing mind.”

Disability: According to the Ontario Human Rights Code, disability is defined as:

• any degree of physical disability, infirmity, malformation or disfigurement that is caused by bodily injury, birth defect or illness and, without limiting the generality of the foregoing, includes diabetes mellitus, epilepsy, a brain injury, any degree of paralysis, amputation, lack of physical co-ordination, blindness or visual impediment, deafness or hearing impediment, muteness or speech impediment, or physical reliance on a guide dog, wheelchair, or other remedial appliance or device;
• a condition of mental impairment or a developmental disability;
• a learning disability or dysfunction in one or more of the processes involved in understanding or using symbols or spoken language;
• a mental disorder; or
• an injury or disability for which benefits were claimed or received under the insurance plan established under the Workplace Safety and Insurance Act, 1997.

Discrimination: The actual behaviour towards another person or group. It involves differential treatment, restricting and exclusion of a person or group based on one or more of the 17 prohibited grounds. According to the Ontario Human Rights Commission, it includes the following elements:

1. not individually assessing the unique merits, capacities and circumstances of a person;
2. instead, making stereotypical assumptions based on a person’s presumed traits;
3. having the impact of excluding persons, denying benefits or imposing burdens.

Harassment: Harassment in section 10(1) of the Ontario Human Rights Code and workplace harassment (personal/psychological harassment) in section 1(1)(a) of the Occupational Health and Safety Act are defined as engaging in a course of vexatious comment or conduct that is known or ought reasonably to be known to be unwelcome. The College interprets this to include any behaviour that is known or ought reasonably to be known to be offensive, embarrassing or humiliating to other individuals. Such conduct may or may not be based on any of the prohibited grounds identified in the Ontario Human Rights Code, and includes visual representations, electronic messages including emails and social media posts, written messages, and verbal and/or physical conduct. Some examples of harassment are:

• unwelcome remarks, jokes, slurs, innuendoes or taunting;
• hazing, stalking or shunning;
• the repeated mistreatment of one employee or student, targeted by one or more employees or students with a malicious mix of humiliation, intimidation and sabotage of performance (bullying);
• displaying derogatory or offensive pictures, graffiti or materials either through printed copy or personal computer;
• verbal abuse;
• insulting gestures or practical jokes which cause embarrassment or awkwardness;
• unauthorized and/or unnecessary physical contact;
• an impassioned, collective campaign by co-workers to exclude, punish and humiliate a targeted worker.

_{Note: Harassment or workplace harassment (personal/psychological harassment) does not occur where a supervisor gives legitimate directions or instructions to an employee in the course of employment or conducts performance reviews in accordance with the College's Faculty Evaluation Procedure, or its equivalent.}

Learning/Working/Living Environment: Wherever a member of the College community attends for the purpose of learning, working and living, involving activities sanctioned by the College, including virtual environments within the Humber ecosystem, such as our Learning Management system (for example: Blackboard), and virtual social-based environments outside Humber College’s IT ecosystem, such as, Facebook, Snapchat and Instagram.

Poisoned Learning, Working and Living Environment: Occurs when conduct that constitutes discrimination, harassment and/or workplace harassment (personal/psychological harassment) as defined within this policy unreasonably interferes with an individual's ability to learn, live and/or work by creating an intimidating, hostile, offensive or threatening environment. Depending on the impact of such conduct on the individual, one instance may be sufficient to create a poisoned environment for the individual or group. A poisoned environment can create unequal conditions of living and/or employment for the person or persons affected, interfere with an individual's learning, living and/or work performance and cause emotional or psychological stress not experienced by other individuals.

An individual does not have to be the person targeted by such conduct to experience a poisoned environment. A person who is subjected to overhearing racial slurs or sexually or racially offensive jokes, or viewing racially offensive cartoons or sexually explicit, suggestive or demeaning pictures may view the behaviour as poisoning the environment.

Some examples of poisoning the environment are:

• displaying graffiti, signs, pictures or cartoons which would qualify as prohibited harassment, either through print or computers, including social media;
• making derogatory remarks about a particular gender or sexual orientation, race or religion in the classroom or the workplace;
• the repeated mistreatment of one employee, targeted by one or more employees with a malicious mix of humiliation, intimidation and sabotage of performance (i.e. bullying);
• insulting gestures or practical jokes that cause embarrassment or awkwardness.

Prima Facie: According to the Ontario Human Rights Commission, A prima facie case in this context is one which covers the allegations made and which, if they are believed, is complete and sufficient to justify a verdict in the claimant’s favour in the absence of an answer from the respondent–employer.

Prohibited Grounds: The prohibited grounds in the Ontario Human Rights Code include: ancestry, race, disability, place of origin, age, family status, sex, ethnic origin, citizenship, colour, sexual orientation, gender identity, gender expression, religion/creed, marital status, receipt of public assistance, record of offences (i.e. pardoned federal offences or record of provincial offences). The extent of the protection from discrimination on the grounds of receipt of public assistance or pardoned federal offences or record of offences shall be that as provided by the Code.

Racial/Ethno-cultural/Religious Harassment: Is prohibited by the Ontario Human Rights Code and generally involves written, verbal and/or physical actions which express negative attitudes, derogation, and/or hate for a person or group of persons based on their race, ancestry, place of origin, colour, ethnic origin, citizenship or creed. Racial/ethno-cultural/religious harassment may include, but is not limited to, the following behaviours:

• demeaning comments, unwelcome remarks, jokes, innuendoes or taunting about a person's or group of persons' race, ancestry, place of origin, colour, ethnic origin, citizenship, creed;
• displaying racist, derogatory or offensive pictures or sexually explicit materials, either through printed copy or personal computer;denial of normal co-operation with members of the College community because of the individual's racial or ethnic background;
• insulting gestures or practical jokes based on racial or ethnic grounds which cause embarrassment or awkwardness;
• demeaning remarks about a racial/cultural group in the presence of any individual (not necessarily a member of the group mentioned) that creates a poisoned learning, working and living environment;
• using pejorative names based on race or ethnic origin.

Record of offences: is a conviction for:

• an offence in respect of which a pardon has been granted under the Criminal Records Act. (Canada) and has not been revoked; or
• an offence in respect of any provincial enactment.

Reprisal: A reprisal is an action, or threat, that is intended as retaliation for claiming or enforcing a right under the Ontario Human Rights Code and Occupational Health and Safety Act.

Respondent: An individual, group or organization against whom allegation(s) of a violation of the Human Rights Policy is brought with the expectation that the individual, group or organization will respond to the allegation(s).

Sexual Harassment: A form of sexual violence prohibited by the Ontario Human Rights Code. Sexual harassment is defined as a course of vexatious comment or conduct based on an individual’s sex and/or gender that is known or ought to be known as unwelcome. Under OHSA, workplace harassment has been expanded to include workplace sexual harassment, which may or may not include:

• engaging in a course of vexatious comment or conduct against a worker in a workplace because of sex, sexual orientation, gender identity (including transgender) or gender expression, where the course of comments 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 behaviors of sexual harassment includes but is not limited to:

• any deliberate and unsolicited sexual comment, suggestion or physical contact that creates an uncomfortable learning, working and living environment for the recipient and is made by a person who knows or ought reasonably to know that such action is unwelcome;
• a reprisal or threat of reprisal for the rejection of a sexual solicitation or advance where the reprisal is made or threatened by a person in a position to confer, grant or deny a benefit or advancement to the person;
• unwelcome remarks, jokes, sexual innuendoes or taunting about a person's body, attire, sex, personal or social life;
• practical jokes of a sexual nature which cause awkwardness or embarrassment;
• displaying and/or distributing pornographic pictures or other offensive material of a sexual nature, either in print or electronic form;
• leering (suggestive staring) or other gestures;
• unnecessary physical contact such as touching, patting or pinching;
• expressions of gender bias which may include remarks that are discriminatory, degrading or derogatory and create a poisoned work environment;
• requests for sexual favours; and/or
• sexual assault.

^{Note 1: Romantic and sexual relationships between consenting adults that are voluntary and based on mutual attraction do not constitute sexual harassment. If, for example, one of the parties has communicated to the other that they wish for the relationship to end and the other thereafter engages in conduct which is harassing in nature, this would constitute sexual harassment.}

^{Note 2: Romantic and sexual relationships between faculty members and students, or between College employees where a significant power differential exists, even if they are between consenting adults, voluntary and based on mutual attraction, are prohibited because of the power differential that exists within the relationship. This power differential casts doubt on the validity of the consent to such relationships, creates a perception of bias in the eyes of the institution, faculty and other students, and constitutes a breach of trust in one’s employment with the College as a faculty member or supervisor. Individually or together, such consequences of the inherent imbalance of power within these relationships create a poisoned learning, working, and living environment.}

Systemic Discrimination (Indirect Discrimination): Describes a type of discrimination that occurs indirectly as a result of the application of a factor, requirement or qualification (which includes any policies, practices, procedures, actions or inactions) that does not directly discriminate, but has the effect of negatively impacting or giving preference to a group identified on a prohibited ground under the Ontario Human Rights Code. However, the Code also provides that a factor, requirement or qualification that would otherwise be found to be indirect discrimination will be permitted if it is reasonable and bona fide in the circumstances and cannot be accommodated without undue hardship. Some examples of indirect discrimination are:

• imposition of minimum height or weight requirements as a precondition where such requirements are not necessary for the performance of a job;
• failure to provide reasonable access to buildings and premises for members of the College community with disabilities;
• an exam schedule that conflicts with an important religious holiday. The exam may have been scheduled without due consideration of the religious holiday. In this case, the schedule is discriminatory because of its adverse effect on a particular religious group. Since an alternate day can be scheduled for a student whose religious observance would be interfered with, accommodation without undue hardship is possible.

Without Prejudice: The course of mediation and/or conversations will not be tendered as evidence in court.

Workplace Harassment - Personal/Psychological Harassment: The Occupational Health and Safety Act defines workplace harassment as engaging in a course of vexatious comment or conduct against a worker in a workplace that is known or ought reasonably to be known to be unwelcome. Workplace harassment also includes what is often called psychological harassment or personal harassment. The comments or conduct typically happen more than once. They could occur over a relatively short period of time (for example, during the course of one day) or over a longer period of time (weeks, months or years). However, there may be situations where the conduct happens only once).