This policy is enacted by [FIRST NATION / BOARD OF DIRECTORS] to address service to our community and clients, and to show our policies and procedures for harassment and violence.

ZERO TOLERANCE FOR HARASSMENT AND VIOLENCE – POLICY STATEMENT

This means:

Community members and users of the [FIRST NATION / SERVICE PROVIDER ETC] have the right to receive services without being harassed, bullied, or discriminated against by the staff, Board, Chief and Council or other leaders.

Employees and Volunteers of the [FIRST NATION / SERVICE PROVIDER ETC] have the right to a workplace that is free from discrimination, harassment, violence, and bullying.

Employees / leadership found to have violated this policy may be subject to discipline or other sanctions, up to and including termination.
Community members / service users who violate this policy may have their ability to use services restricted – including:

• You may not be able to use some services anymore.
• You may not be able to attend services with your regular worker, or you may have to attend services with someone there to observe.
• You may be banned from entering [FIRST NATION / SERVICE PROVIDER ETC] buildings.
• You may be banned from [FIRST NATION / SERVICE PROVIDER ETC] events.

[FIRST NATION/SERVICE PROVIDER ETC] is committed to providing its employees, members, clients, and service users with an environment that is free from discrimination, harassment and violence. All individuals are required to conduct themselves in a professional, courteous and respectful manner while delivering and receiving services or interacting with staff, volunteers and clients.

Harassment is defined as [STATUTORY DEFINITION]/means engaging in a course of vexatious comment or conduct that is known or ought to reasonably be known to be unwelcome. Workplace harassment includes:

Discriminatory harassment, which targets an individual or group of individuals based upon characteristics protected under the [HUMAN RIGHTS STATUTE NAME], including [INSERT PROTECTED GROUNDS/race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sex, sexual orientation, gender identity, gender expression, age, record of offences, marital status, family status and disability].

Sexual harassment, which is defined as [STATUTORY DEFINITION] includes unwelcome and vexatious sexual conduct or comments, an unwelcome sexual advance/solicitation by a person in a position to grant or deny a benefit to the employee/worker or a reprisal for refusing that sexual advance/solicitation.

Bullying/Personal harassment/Workplace harassment is defined as [STATUTORY DEFINITION]/is vexatious or objectionable unwelcome conduct, comments, gestures or physical acts that are repeated or, if a single incident, the offending conduct is sufficiently serious to cause a lasting harmful effect on the employee/worker/cause an employee/a worker to be humiliated or intimidated/adversely affect an employee’s/a worker’s psychological or physical well-being/amount to a threat to an employee’s/a worker’s health and safety.

Every client, community member or user of services delivered by [FIRST NATION/SERVICE PROVIDER ETC] has the right to receive those services free from discrimination, harassment, and bullying.

[FIRST NATION/SERVICE PROVIDER ETC] prohibits and will not tolerate any form of harassment or bullying by any employee/a worker, member of management or third party, including [vendors/patients/customers/clients/visitor], regardless of whether it is:

• Verbal (for example, derogatory statements, racial slurs, derogatory comments or jokes, unwelcome sexual advances or requests for sexual favors).
• Physical (for example, assault or inappropriate physical contact).
• Visual (for example, displaying derogatory or sexually suggestive posters, cartoons or drawings, leering or making sexual or derogatory gestures).
• Online (for example, derogatory statements or sexually suggestive postings in any social media platform including Facebook, Twitter, Instagram, Snapchat, etc.).
• [INSERT OTHER EXAMPLES SPECIFIC TO CONTEXT.]

This list is illustrative only, and not exhaustive. No form of sexual harassment or bullying will be tolerated.

All parties have a role in preventing workplace harassment and bullying. All employees/workers are responsible for working in compliance with this Harassment and Bullying Policy and Procedure and encouraged/required to report any incidents of harassment or bullying to the Company.

[FIRST NATION / SERVICE PROVIDER ETC, EMPLOYER NAME] will make every reasonable practicable effort to ensure that no [employee/worker] is subjected to workplace harassment. If [EMPLOYER NAME] becomes aware of a potential incident of harassment or bullying, it will investigate the incident in a fair, timely and confidential manner, in accordance with [EMPLOYER NAME]’s harassment investigation procedures. The employer is committed to taking appropriate corrective measures to stop any harassment and avoid future incidents.

Any violation of this policy [or its related procedures] may be grounds for disciplinary action, up to and including termination of employment, in accordance with [EMPLOYER NAME]’s Disciplinary Policy.

This Workplace Harassment and Bullying Policy applies to all employees/workers at any location where an employee/worker works/is engaged in work or work-related activities for the Company. This policy also applies where harassment is connected to the workplace but arises outside of the workplace or outside of working hours if the harassment either detrimentally affects the workplace or leads to adverse job-related consequences to the victim.

This Policy is not intended to discourage or prevent an employee/a worker from exercising any other rights, actions or remedies that may be available under the [HUMAN RIGHTS/OHS/MINIMUM STANDARDS LEGISLATION NAME]. The employee/a worker has the right to file a sexual harassment complaint/complaint where the harassing incident is based upon human rights grounds] with [GOVERNMENT BODY NAME]. If an employee needs further assistance dealing with harassment they may contact [their union,] a health and safety representative, a human resources representative, community health centre or mental health community worker, the Employee Assistance Program or a legal support centre.]

Any questions about this policy or its related procedures should be directed to [DEPARTMENT NAME].

This Workplace Harassment [and Bullying] Policy, [and its related procedures], will be reviewed and updated whenever there is a change that affects its effectiveness in preventing workplace harassment [and, at minimum, every [NUMBER] years].

[Dated:

[DATE]]

[______________________________] [Position Title]

[EMPLOYER NAME] is committed to investigating incidents of harassment in a timely, impartial, and objective manner when it becomes aware of an incident of workplace harassment, or it receives a complaint of workplace harassment.

The harassing incident investigation will be conducted by [the Human Resources Department/the supervisor/[DEPARTMENT NAME]] or [if the circumstances require it/if a health and safety inspector orders it], a neutral third party. Both the complainant and the alleged harasser [are/may be] required to participate and cooperate in the investigation.]

Confidentiality will be maintained, consistent with the needs of the investigation. Confidential information will only be disclosed for the purpose of the investigation, as required to take corrective action, or as required by law.]

The investigation will be completed in a timely manner, generally within [ninety (90)/[NUMBER]] days, unless extenuating circumstances warrant a longer investigation. Within [ten (10)/[NUMBER]] calendar days after completion of the investigation, the complainant and the alleged harasser will be notified of the outcome of the investigation [and any corrective action taken]. If the harassing incident is substantiated, reasonable corrective action will be taken to prevent future incidents. Appropriate corrective action may vary from re-education and retraining of the harasser, to removing the harasser’s potential contact with the complainant in the workplace, to discipline or dismissal for just cause in accordance with [EMPLOYER NAME]’s Disciplinary Policy.

The employer will keep records of the harassment investigation including:

• [A copy of the complaint or details about the incident.]
• [A record of the investigation including notes.]
• [A copy of any investigation report.]
• [A summary of the results of the investigation that was provided to the victim and the alleged harasser, if the alleged harasser was a worker.]
• [A copy of any corrective action taken to address the complaint or incident of workplace harassment.]]

[All records of the investigation will be kept confidential. The investigation documents, including the investigation report will not be disclosed unless necessary to investigate an incident or complaint of workplace harassment, take corrective action or otherwise as required by law. These records will be kept for [at least one year/[TIME PERIOD]].]

Any [employee/worker] who makes a harassment complaint in bad faith, maliciously or without a reasonable and probable basis, engages in a reprisal against [an employee/a worker] for filing a harassment complaint or interferes with a harassment investigation will be subject to discipline, in accordance with [EMPLOYER NAME]’s Disciplinary Policy.

[FIRST NATION/HEALTH AUTHORITY/EDUCATION AUTHORITY ETC] has developed specific complaints procedures for community members or service users to report any incident of harassment [or bullying].

Community members and service users may always use the procedures available and provided for under the relevant human rights legislation.

Any community member / client or service user who thinks they are the subject of discrimination, harassment or bullying when they are receiving services from the [FIRST NATION/HEALTH AUTHORITY/EDUCATION AUTHORITY ETC], should report the matter as soon as possible, to:

• [name [FIRST NATION/HEALTH AUTHORITY/EDUCATION AUTHORITY ETC] harassment officer, or CEO/Band Manager].
• If the conduct involves the harassment officer, or CEO/Band Manager, then the complainant should report to that person’s supervisor.
• If the conduct involves a member of Chief and Council, then the complaint should be reported to the CEO/Band Manager who may seek to engage outside assistance to resolve the matter.

The [Harassment Officer / CEO / Band Manager] will attempt to informally resolve the matter to the mutual satisfaction of both the complainant and the alleged harasser, if appropriate. Note it may not be appropriate in all circumstances.

If the [Harassment officer, CEO/Band Manager] cannot informally resolve the incident to the mutual satisfaction of both the complainant and the alleged harasser, or in situations where informal resolution is not appropriate, [EMPLOYER NAME] will conduct a formal investigation into the incident. The [Harassment officer, CEO/Band Manager] may choose to work with an outside investigator.

If the incident is not informally resolved, the complainant [will be encouraged to/ will be required to] complete a [Discrimination, Harassment or Reprisal Complaint Form/[COMPLAINT FORM NAME]], and provide this form to [/the Human Resources Department/ SUPERVISOR].

1. Determine whether a Formal Investigation is Necessary

The need for a workplace investigation is generally triggered by a complaint (either formal or informal), observation of improper behaviour, misconduct, a breach of policies, or there is a demand (legal or legal action) to initiate a formal investigation.

Part of the decision whether to undertake a formal investigation may include looking at the nature and seriousness of the complaint, procedural requirements, identities of the complainant and respondent, and the complainant’s preferences.

2. Determine the Appropriate Investigator

If you have determined that a formal investigation is needed, the next step is to determine whether you require an internal or external investigator utilizing the following criteria:

a. Regardless of whether the investigator is internal or external, make sure the investigator is trained in conducting investigation.
b. Look at the investigator’s professional and academic qualifications, their years of practice and their history of conducting similar types of investigations; competent and knowledgeable.
c. The investigator should have an understanding of the issues raised by the allegations and be able to recognize potential legal pitfalls.
d. The investigator must be impartial, neutral, and objective. Conclusions should not be based the investigator’s prior knowledge or relationship with the complainant or the respondent.

3. Determine the Investigation Mandate and Retain the Investigator

The investigator and the employer should determine what is to be investigated and limit the scope of the investigation. The investigation is not to examine every aspect of the employer’s / First Nation operations, rather focus on a specific incident(s) of harassment. If the investigation reveals a more serious incident of widespread harassment, then the investigator should bring this to the employer’s/ First Nation’s attention.

4. Establish Solicitor-Client Privilege and Litigation Privilege

This is referring to the Solicitor-Client privilege when working with a law firm or legal representative.

5. Identify Sources of Evidence

a. This could include identifying what reports, videos, documents, notes, emails, witnesses, etc. may be potential sources of evidence for the investigator to review and/or interview.

6. Document Review and Protection

a. The employer provides the relevant documents, notes, emails, reports, and/or videos to the investigator.

Conduct the Investigation

1. Prepare for Witness Interviews
2. Conduct Interviews
3. Conclude Investigation
4. Report Conclusions to Employer
5. Subsequent Employer Steps (may include corrective measures, communication with complainant and respondent, reporting and file retention)

Employee Participation in Investigations

If you are an employee facing harassment or violence, you may request to begin or end the investigation at any time. An investigation can take place in conjunction with other dispute resolution processes, such as negotiation or conciliation. However, when an investigator’s report is being provided to the employer, you can no longer withdraw from the investigation process or continue to pursue resolution through negotiation or conciliation.
If your employer is not taking adequate steps to resolve the incident of harassment or violence, you may consider forums such as occupational health and safety and human rights tribunals to make a complaint against your employer and the perpetrator. Referrals for this process can be found here.