Human Rights and Harassment Policy

Appendices:

Appendix A: Policy Definitions

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 the Policy.

Bad Faith: The opposite of “good faith,” generally implying or involving actual or constructive fraud, or a design to mislead or deceive another, or a neglect or refusal to fulfill some duty or some contractual obligation, not prompted by an honest mistake as to one’s rights or duties, but by some interested or sinister motive.
(Black’s Law Dictionary)

OHH Staff: Advisor, Human Rights & Harassment and Manager, Human Rights, Harassment & Employment Equity

Code-based harassment: Code-based harassment is Harassment wherein any of the Prohibited Grounds identified in the Code is a factor for the Harassment.

Complainant: The person(s) who allege(s) a violation of the Policy.

Consent: The active, ongoing, informed, voluntary agreement to engage in physical contact or sexual activity. Consent cannot be given by someone who is incapacitated (such as by drugs or alcohol), unconscious, asleep, or otherwise lacks the capacity to understand or give Consent. Consent can be revoked at any time and cannot be assumed nor implied. No Consent is obtained where the Respondent induces the complainant to engage in activity by abusing a position of trust, power, or authority. The age of Consent to sexual activity is 16 years. In some cases, the age of Consent is higher (for example, when there is a relationship of trust, authority, or dependency).
(Humber’s Sexual Violence 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 Code, Disability is defined as:

1. 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 use of a guide dog, wheelchair, or other remedial appliance or device;
2. a condition of mental impairment or a developmental disability;
3. a learning disability or dysfunction in one or more of the processes involved in understanding or using symbols or spoken language;
4. a mental disorder; or
5. an injury or disability for which benefits were claimed or received under the insurance plan established under the Workplace Safety and Insurance Act, 1997.
   (Humber’s Accessibility Policy)

Dismissed: It is determined the allegations do not constitute a Prima Facie case of Harassment and Discrimination, and the OHH will not address it further.

Egregious conduct: Conduct that is extremely or remarkably bad or harmful.

Frivolous: Lacking a legal basis or legal merit; not serious; not reasonably purposeful (Black’s Legal Dictionary)

Harassment: Defined as engaging in a course of vexatious comment or conduct that is known or ought reasonably to be known to be unwelcome.

Harassment can include 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; and/or
• an impassioned, collective campaign by co-workers to exclude, punish and humiliate a targeted worker.

Harassment can be Code-based harassment or Workplace Harassment (see definitions for Code-based harassment and Workplace Harassment definition below)

Note: A reasonable action taken by Humber or supervisor relating to the management and direction of employees or the workplace is not Harassment. 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 Humber's Faculty Evaluation Procedure, or its equivalent.

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

Poisoned Environment: Occurs when conduct that constitutes Discrimination and 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); and/or
• 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. (Ontario Human Rights Commission)

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 Code and OHSA.

Respondent: An individual, group or organization against whom allegation(s) of a violation of the Policy is brought.

Sexual Harassment: A form of sexual violence prohibited by the Code and OHSA. Sexual Harassment includes:

• engaging in a course of vexatious comment or conduct against a person 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;
• 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 person receiving the solicitation or advance and the person making the solicitation or advance knows or ought reasonably to know that it is unwelcome; or
• a reprisal or a 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.
• sexual misconduct as defined in Bill 26, Strengthening Post-secondary Institutions and Students Act, 2022

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;
• 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 Environment;
• Behaviour that occurs after a party has communicated to the other that they wish a relationship to end and is harassing in nature
• requests for sexual favours; and/or
• sexual assault.

Support Person: A person who may attend an investigation interview to provide support to any party to an investigation. The Support Person may not be a witness or party to the Complaint. Support Persons are not providing evidence for a party during an interview.

Substantiated: Based on a balance of probabilities, the allegation is proven to be true and violates the Policy.

Unsubstantiated: Based on a balance of probabilities, the allegation does not violate the Policy.

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

Witness: An individual who may have information regarding an allegation of Discrimination or Harassment. A Complainant or Respondent may provide the name of a Witness.

Workplace Harassment: OHSA 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 or workplace sexual harassment. Workplace sexual harassment means 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.

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.

Work Study Student: A student employed in a work study program at Humber. The Work Study Program provides eligible students with the opportunity to develop transferrable skills through paid work experience on campus. (Source: https://careers.humber.ca/work-study.php)

Appendix B: Additional Key Definitions

Anti-Asian Racism: “In Canada, Anti-Asian racism refers to historical and ongoing Discrimination, negative stereotyping, and injustice experienced by peoples of Asian heritage, based on others’ assumptions about their ethnicity and nationality. Peoples of Asian heritage are subjected to specific overt and subtle racist tropes and stereotypes at individual and systemic levels, which lead to their ongoing social, economic, political and cultural marginalization, disadvantage and unequal treatment. This includes perceptions of being a “Yellow Peril,” a “Perpetual Foreigner,” a “Model Minority,” “exotic,” or “mystic.” These stereotypes are rooted in Canada’s long history of racist and exclusionary laws, and often mask racism faced by peoples of Asian heritage, while erasing their historical contributions to building Canada. The term Asian encompasses a wide range of identities that the very term Asian can obscure. While all may experience being “otherized,” specific experiences of Anti-Asian racism vary. Some are constantly being perceived to be a threat, some face gendered exotification and violence, some are more likely to be subjected to online hate and racist portrayals in the media, while others face Islamophobia and other forms of religious-based Discrimination.” (https://www.canada.ca/en/canadian-heritage/campaigns/asian-heritage-month/anti-asian-racism.html)

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)

Anti-Indigenous Racism: Anti-Indigenous racism is the ongoing race-based Discrimination, negative stereotyping, and injustice experienced by Indigenous Peoples within Canada. It includes ideas and practices that establish, maintain and perpetuate power imbalances, systemic barriers, and inequitable outcomes that stem from the legacy of colonial policies and practices in Canada. Systemic anti-Indigenous racism is evident in discriminatory federal policies such as the Indian Act and the residential school system. It is also manifest in the overrepresentation of Indigenous peoples in provincial criminal justice and child welfare systems, as well as inequitable outcomes in education, well-being, and health. Individual lived-experiences of anti-Indigenous racism can be seen in the rise in acts of hostility and violence directed at Indigenous people. (https://www.ontario.ca/document/data-standards-identification-and-monitoring-systemic-racism/glossary)

Anti-Semitism: a certain perception of Jewish people, which may be expressed as hatred and prejudice toward Jewish people. Rhetorical and physical manifestations of antisemitism are directed toward Jewish or non-Jewish individuals and/or their property, toward Jewish community institutions and religious facilities. (International Holocaust Remembrance Alliance)

Islamophobia: The fear, prejudice and hatred of Muslims that leads to provocation, hostility and intolerance by means of threatening, harassment, abuse, incitement and intimidation of Muslims and non-Muslims, both in the online and offline world. Motivated by institutional, ideological, political and religious hostility that transcends into structural and cultural racism, it targets the symbols and markers of being a Muslim. (United Nations)

Racial/Ethno-cultural/Religious Harassment: A course of vexatious comment or conduct that is known or ought reasonably to be known to be unwelcome based on 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 materials, either through printed copy or personal computer;
• denial of normal co-operation with members of Humber 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/Living Environment; and/or
• using pejorative names based on race or ethnic origin.