GBCBA-R: Sexual Harassment

COMPLAINTS

The following has been established by the Board of School Trustees (the “Board”) as a procedure available to all employees who feel that they have been sexually harassed.  However, the Board’s procedure is not exclusive.  If applicable, an employee with a complaint of sexual harassment also has the option to submit a complaint under the procedure in the collective agreement with his/her union/association.  Additionally, the employee may submit a complaint with the B.C. Human Rights Commission. 

For those who feel that they may have been, or are being, subjected to harassment and need assistance, it is recommended that one of the following individuals be contacted: 

• harassment officer(s) designated by the Board; 
• an administrator, supervisor/manager; and/or
• a union/association representative. 

The “Complainant” is urged to make a complaint with one of the above individuals with whom he or she feels most comfortable.  It is understood that, in some cases, it may not be appropriate to make the complaint to the immediate administrator/supervisor/manager. 

Confidentiality will be maintained, on a need-to-know basis, throughout the informal and formal procedure of resolution as well as the appeal procedure. 

COMPLAINTS PROCEDURE 

Informal Resolution 

• The Complainant may choose to speak directly with the Respondent. 
• The Complainant may approach the Personnel Officer - Harassment  and their administrative officer/supervisor for assistance with resolution.  The complainant may also wish to contact their union/association representative. 
• The Personnel Officer - Harassment may determine that a mediator be assigned for resolution rather than the administrative officer/supervisor or if the administrative officer/supervisor was not able to achieve resolution agreeable to both parties.
• The administrative officer or supervisor will initiate the informal resolution process.  The purpose of this process is to resolve the complaint between the Complainant and Respondent.  It is not the purpose of the informal resolution process to determine whether harassment did occur. 
• Upon agreement of resolution, a letter of completion of the process will be agreed to by both parties.  The letter will be retained by the Personnel Officer - Harassment. 

Failing resolution through the informal process or if the agreement for resolution has been breached, the Complainant may file a written complaint with the Personnel Officer - Harassment. 

Formal Resolution 

1. The Complainant must make a written complaint to the Personnel Officer - Harassment.  The written document should identify the basis of the complain and outline the specific incident(s). 
2. The Complainant and the Personnel Officer - Harassment , or designate, will meet to discuss the allegation of harassment and will outline the investigative procedure.  The Complainant may choose to resolve or drop the complaint at any time during this procedure. 
3. The Personnel Officer - Harassment will notify the Respondent in writing regarding the specifics of the complaint. 
4. The investigation will be conducted by the Personnel Officer - Harassment (or designate) or by an external investigator. 
5. The Complainant and Respondent will be interviewed without unreasonable delay.  Other individuals who may assist in the investigation will also be interviewed.  All information will be kept confidential.
6. [ The applicable provisions of collective agreements pertaining to the right to union or association representation, the right to notice of investigation, and any other provisions relating to investigations will be followed by the individual conducting the investigation.]
7. Once the investigation is complete, the individual conducting the investigation will submit an investigative report to the Personnel Administrator.  The report will indicate whether harassment has occurred and is substantiated. 
8. The Personnel Administrator will meet separately with the Complainant and Respondent to disclose the findings of the report.
9. If the investigation concludes that harassment did not occur and cannot be substantiated, no documentation concerning the complaint will be placed in the personnel file of the Respondent.  No documentation will be placed in the personnel file of the Complainant where the complaint is made in good faith.  If it is found that a complaint has been made maliciously or vexatiously, appropriate disciplinary action may be pursued.If the investigation concludes that harassment did occur, the Personnel Administrator will determine the appropriate remedy or disciplinary action.  Documentation concerning discipline will be placed in the Respondent’s personnel file. 
10. Retaliation because of a harassment complaint will be treated seriously and may lead to disciplinary action.

Appeal Procedure

1.  If the Complainant or the Respondent is not satisfied with the remedy of the complaint, they may complete a harassment appeal form which is to be submitted to the Associate Superintendent - Human Resources.  This form must be received within ten (10) working days from the meeting with the Personnel Administrator. 
2. The Associate Superintendent - Human Resources will review the investigative process, assess the investigative report, and review the remedy.  After completing the review, the Associate Superintendent - Human Resources will then determine what, if any, action is required to resolve the appeal. 

DISTRICT RESPONSIBILITY

The Board is committed to provide a workplace in which employees are not subject to sexual harassment.  Accordingly, the Board will make every reasonable effort to ensure that its policy and procedures on Sexual Harassment is brought to the attention of all employees and that any employee who engages in sexual harassment will be appropriately disciplined.  

DMT Responsibility: AS-HR