Workplace Violence Prevention Procedure

Appendix A Definitions

Appendix B Consequences

APPENDIX A

DEFINITIONS

Harassment: is defined by the Ontario Human Rights Code and the Occupational Health & Safety Act 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 the perpetrator to be offensive, embarrassing or humiliating to other individuals. Such conduct may include visual representations, electronic messages, written messages, verbal and/or physical conduct, and may relate to any of the grounds of discrimination prohibited by the Ontario Human Rights Code or other malicious grounds. Harassment complaints are dealt with under Humber’s Human Rights and Harassment Policy.

Some examples of harassment are:

• unwelcome remarks, jokes, slurs, innuendoes or taunting;
• hazing, stalking or shunning;
• the repeated mistreatment of one employee, targeted by one or more employees 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.

For the purposes of this Humber policy, “harassment” as outlined in the Occupational Health & Safety Act also includes personal/psychological harassment.

Note: 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 normal procedures.

Personal/Psychological Harassment: Behavior in the form of repeated and hostile or unwanted conduct, verbal comments, actions or gestures, that affects an employee’s dignity or psychological or physical integrity and that result in a harmful work environment for the employee. Psychological harassment includes and is not limited to behaviours defined as bullying, mobbing, victimization, emotional abuse, psychological abuse, and psychological violence. A single serious incident of such behaviour that has a lasting harmful effect may constitute psychological harassment. It must be demonstrated that this behaviour affects the person’s dignity or physical or psychological integrity and that it results in a harmful work environment for the employee. Harassment complaints are dealt with under Humber’s Human Rights and Harassment Policy.

Workplace: is wherever an employee or student attends for the purpose of work or study involving activities sanctioned by the College, including a virtual or cyberspace environment.

Workplace violence: is any act in which a person is abused, threatened, intimidated or assaulted in the course of employment or learning.  Workplace violence includes threatening behavior, behaviour that could reasonably be interpreted as threatening, verbal or written threats, verbal abuse and physical attacks, including the attempted use of physical force.
Specific behaviours may include but not limited to:

• hitting or shoving an individual;
• threatening to harm an individual or his/her family, friends, associates, or their property;
• the intentional destruction or threat of destruction of the College property;
• making harassing or threatening telephone calls, letters, E-mail or other forms of written or electronic communications;
• intimidating or attempting to coerce an employee/student to do wrongful acts; 
• harassing surveillance, also known as “stalking”: the willful, malicious and repeat following of another person and making a credible threat with the intent to place the other person in the reasonable fear of his/her safety.

APPENDIX  B

Consequences of Policy Violation Redress and Sanctions/Corrective Action

Documented and substantiated complaints or complaints found to be made maliciously or vextatiously may result in discipline of an employee or a student. In the event that the College makes a finding of workplace violence, it has the right to determine sanctions to be imposed. Determination of appropriate discipline will be made in the context of the seriousness of the violation and the student’s or employee’s history with the College, along with a consideration of the deterrent effect of such discipline on the person being disciplined and on the College community.

Redress

In redressing a victim of workplace violence, the College will take into account the individual circumstances of the victim in each case and will devise an appropriate remedy. Redress may include, but is not limited to, remedies such as:

• increased safety surveillance
• receipt of written apology
• cessation of offending behaviour
• offer of a course
• review of academic standing and/or marking
• ongoing counseling
• restore person to position they would have been in had the harassment or discrimination not occurred
• offers of employment or reinstatement

Sanctions/Corrective Action

Disciplinary action/sanctions will take into account the severity of the breach of the policy and on the individual circumstances of the respondent. Corrective actions or sanctions may include, but are not limited to, the following:

• non-disciplinary counseling/education/correction
• reprimand and warning (verbal or written)
• section, job or program transfer
• requirement to provide an apology to the victim (verbal or written)
• behavioral contract which specifies certain behaviour with which the party must comply
• transfer
• demotion
• suspension
• dismissal (i.e. termination or expulsion)
• barring contractors from future bids
• no trespass notice

If the complaint is related to work, all discipline will conform to generally acceptable standards of employee discipline and, in the case of employees represented by the Union, be consistent with the Collective Agreement in force at the time.