Employee Policy Handbook
3. Employee Conduct

3.4 Respect in the Workplace

Updated September 2022
Crescent School, in accordance with its values, the Ontario Human Rights Code, and the Occupational Health and Safety Act, prohibits any form of harassment or discrimination in the workplace. This policy applies to harassment and/or discrimination in any aspect of employment, including, but not limited to, recruitment, promotion, receipt of benefits, dismissal, layoff, performance evaluation, and working conditions. In addition, staff have an obligation to treat all students fairly and with respect. All staff and all students must be treated equally regardless of their race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sexual orientation, gender identity, gender expression, age, record of offences, marital status, family status or disability.

Workplace discrimination and discrimination in the provision of education is unacceptable. It is the policy of the School to address incidents of harassment and discrimination with seriousness and sensitivity. An employee of the School found in violation of this Policy may be disciplined up to and including termination of employment, depending upon the circumstances involved.
 

Workplace Harassment

List of 12 items.

  • Definitions and Examples

    Workplace Harassment means:

    • 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.
    A reasonable action taken by the School or manager relating to the management and direction of workers or the workplace is not workplace harassment.

    Examples of workplace harassment include, but are not limited to:

    • Workplace bullying, which includes making rude, degrading or offensive remarks, discrediting a person, spreading rumours, ridiculing them, humiliating a person, calling into question their convictions or their private life, or shouting abuse.
    • Sexual or racial harassment, or harassing someone based on any ground prohibited by the Human Rights Code, including race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sexual orientation, gender identity, gender expression, age, record of offences, marital status, family status or disability.
    • Refusing to speak to or work with someone or treating that person differently because of their race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sexual orientation, gender identity, gender expression, age, record of offences, marital status, family status or disability.
    While harassment is usually based on an ongoing pattern of abuse, in some instances a single incident can be sufficiently serious to constitute harassment.

    Sexual Harassment

    Sexual harassment of any kind in the workplace is unacceptable and is prohibited at the School. Like other forms of harassment, sexual harassment is against the law, and all staff have a responsibility to conduct themselves accordingly.
    The School discourages sexual or romantic relationships between its leadership/management staff and other staff, if such leadership/management staff member is in a position to influence or can be reasonably perceived to influence People and Culture decisions impacting such other staff member. If such a relationship does exist, the senior management must be informed immediately by the parties involved.

    The Workplace

    The definition of the workplace is not limited to the campus of the School, but extends to School excursions and field trips, off-site meetings, receptions, staff functions and any other School-sponsored events. Any incident of harassment occurring outside of the workplace but having repercussions in the work environment and adversely affecting any relationship (co-worker, employee/employer, staff/student) may also be defined as workplace harassment.


  • Roles and Responsibilities

    It is the policy of the School to promote a productive work environment, and not to tolerate any incidents of workplace discrimination or harassment. All staff are expected to:
    • Treat everyone in the workplace with dignity and in a manner that is respectful and free of intimidation and harassment.
    • Make changes to their own behaviour where they become aware that there is a potential for such behaviour to harm, intimidate, threaten or cause offence to others.
    • Refuse to accept harassing behaviour from others, regardless of whether that behaviour originates from one’s manager or co-workers, or by students, parents/guardians, or a member of the public.
    • Intervene and/or report instances of inappropriate behaviour on the part of others which could amount to workplace harassment.
    • Be supportive of others who are victims of workplace harassment.
    • Cooperate fully with any and all workplace harassment investigations.
    • Preserve evidence related to instances of alleged harassment, documenting dates, times and the names of any witnesses - especially that which would help prove that any alleged incidents did or did not occur, or that such events did or did not constitute harassment.

  • The School’s Commitment

    Violence, intimidation, harassment and bullying in any form will not be tolerated at the School. The School is committed to minimizing the potential of employee risk or exposure to workplace harassment. The School is a place that promotes responsibility, respect, civility and academic excellence in a safe working and learning environment. All persons in its working and learning environment will:
    • respect differences in people, their ideas and opinions;
    • treat one another with dignity and respect at all times, and especially when there is disagreement;
    • respect the rights of others;
    • show proper care and regard for School property and for the property of others; and
    • demonstrate honesty and integrity.

  • Employees’ Responsibility

    Employees are also responsible for creating a safe environment in the workplace. Should an employee be aware of, or become aware of, a problem that could result in harassment or discrimination in the workplace, they are responsible for reporting that problem to a manager, the Manager or Chief People Officer or the Headmaster immediately.

    Diligence on the part of the School and its staff will ensure that we are all safer. Regardless if an event is witnessed or if there is just a concern of potential harassment, reports must be made as soon as possible, if not immediately. A report can either be written or verbal in nature.

  • Posting of the Policy

    The Workplace Harassment Policy will be posted at a conspicuous place in the workplace. The School will review the Policy as often as necessary, but at least annually.

  • Treatment of Students

    Students are entitled to be treated with respect and dignity and to learn in an environment that is free from physical and emotional abuse. As with the workplace, the Human Rights Code prohibits a teacher or other staff member from discriminating against any student on the basis of the grounds outlined in the workplace harassment provisions above.

    Staff will not enter into any relationship with a student of any age outside the scope of any school activities. A relationship may be defined as social, romantic or sexual in nature. Any staff member who violates this policy will be subject to possible discharge from their employment without notice, and may face criminal charges as a result of any activities of a sexual nature with a student.

    For staff and student protection, all staff are prohibited from exchanging telephone numbers and/or personal email addresses with students.

  • Reporting Harassment and Discrimination

    All staff must remain vigilant about harassment and discrimination. Any staff member who is aware of, or has cause to be concerned about workplace harassment or discrimination should report such incidents to their manager or the Manager or Chief People Officer. If the alleged respondent is the manager or someone from People & Culture the incident should be reported to the Headmaster. Reports can be made either verbally or in writing. Reports should be made as soon as reasonably possible given the circumstances of the incident.

    The School will treat any report of harassment or discrimination as a serious matter and will respond in a timely fashion. Where possible and appropriate, complaints of workplace harassment will be dealt with informally. Otherwise, a formal investigation may be initiated.

    The School is committed to maintaining the privacy and confidentiality of an individual concerned in an incident of harassment or discrimination, wherever possible. However, employees should note that reports cannot be filed anonymously. Information may be disclosed in the course of an investigation where necessary for the purposes of the investigation, to ensure procedural fairness and/or for the protection of staff. Further, information may be disclosed where otherwise required by law. Where appropriate, a copy of the report may be placed in the employee’s employee file.

  • Complaints Process and Investigations

    All complaints of workplace harassment will be taken seriously by the administration. The individual who believes they have been harassed may initially opt for informal resolution, either on their own or with People & Culture. Informal resolution may be as simple as telling the offender to stop and that the behaviour, comment or action is not welcome and is against school policy. It is important to keep a record with details of the allegation, names of possible witnesses, how often, and when and where the alleged incident happened. At the informal stage, information is confidential unless otherwise authorized by the complainant.

    If the harassment does not stop or if informal resolution is not sought, for whatever reason, assistance of a Social Worker (for students) or the Manager or Chief People Officer (for employees) should be sought to review the options available including a mediated discussion or initiation of a formal complaint.

    A mediated discussion provides an opportunity for parties to the complaint to meet with the assistance of an objective third party (usually the Chief People Officer) with the goal of resolving the complaint. A mediated discussion is considered ‘off the record’. In the event that resolution cannot be achieved and a formal investigation is necessary, the documentation from the discussion should not form part of the investigation file. A mediated discussion is also ‘without prejudice’ meaning that no rights of the party concerned are to be considered as waived or lost except insofar as may be expressly conceded.

    A formal complaint requires a detailed written report signed by the complainant provided to the Chief People Officer, Headmaster or designate, or for students, the relevant Head of the Lower, Middle or Upper School or designate. At this point, all parties to the complaint, including the alleged harasser, will become aware of the details of the complaint. The respondent will have an opportunity to reply to the complaint and the assigned investigator(s) will determine which facts are agreed to and which are in dispute. If a formal investigation is required, the investigative team (which could include an external investigator) will ensure that the following steps are taken as soon as possible:
    • Take appropriate measures to ensure the safety of the complainant;
    • Notify the complainant(s), the respondent(s) and witness(es) that they are entitled to assistance and counsel throughout this process, where appropriate;
    • Ensure that the respondent(s) have a copy of a complaint, if appropriate;
    • Interview the complainant(s) and/or third-party reporting the complaint;
    • Inform the respondent(s) of the allegations and provide an opportunity for response;
    • Interview the respondent(s);
    • Interview the witness(es);
    • Come to conclusions about whether a specific incident did or did not occur based on the balance of probabilities;
    • Provide a written summary of the findings and conclusions to the complainant and to the respondent and give them an opportunity to respond to same; and
    • Take appropriate action(s) to resolve the situation.
    If the parties do not agree to mediation and resolution is unsuccessful, the investigator(s) will prepare a written report containing the facts giving rise to the complaint, allegations, response, findings and recommendations. A copy of this report will be provided to the complainant and the respondent who may file a written response within 10 working days of receipt. The Chief People Officer or designate may request mediation if warranted; however, if parties do not agree or if mediation is unsuccessful, the Executive Director, People & Culture, Headmaster or designate will prepare a written decision based on the investigation report, outlining the findings and disciplinary action, if any, or other actions as deemed necessary.

  • Standard of Proof

    The standard of proof to be applied in all investigations is the balance of probabilities.

  • Disciplinary/Corrective Action

    If it is determined that workplace harassment has occurred, the School will take such action as is required under the circumstances. The School, at its sole discretion, may take into account a variety of factors including, but not limited to:
    • The seriousness of the complaint;
    • The impact on the complainant;
    • The persistence of the conduct complained of;
    • The respondent’s disciplinary record;
    • The degree of aggressiveness or any physical contact;
    • The wishes of the complainant;
    • The degree, if any, to which the respondent misled a person investigating the incident; and
    • The degree of a respondent’s willingness to cooperate and to change their behaviour.
    Any violation of this Policy is considered a serious breach of School policy. Therefore, pending an investigation, school staff members are subject to appropriate disciplinary measures up to and including the termination of their employment.

    The School reserves the right to take action in the absence of a specific complaint, or where a complaint is initiated by a person other than the victim.

    The complainant, if a staff member or other worker, and the respondent, if a staff member or other worker, will be provided with written confirmation of any corrective action taken.

  • Confidentiality

    The existence of complaints, both informal and formal, and any details pertaining to such complaints including identifying information of individuals involved will be kept in confidence, except where disclosure of information is required to investigate the complaint or for the purposes of taking corrective action, where such information is necessary for the respondent to defend against such allegations, where disclosure is necessary to protect a staff member, or where we are required by law to do so, for example, as part of an investigation conducted by a law enforcement agency.

  • False and Unsubstantiated Complaints

    No disciplinary action or reprisal can be made against a complainant who acts in good faith and exercises their rights under this Policy and under the law, even if the complaint turns out to be false, impossible to verify or if the behaviour complained does not amount to harassment or discrimination. However, a false accusation made by a person who knows it to be false represents a contravention of this policy and would be subject to disciplinary action up to and including termination of employment.
 

Workplace Harassment Program

List of 12 items.

  • General

    Crescent School (the “School”) expects that any incidents of workplace harassment will be dealt with promptly by all parties concerned. The School expects that all incidents of workplace harassment will be investigated in a fair, appropriate, consistent, thorough and confidential manner.

    All those covered by the Workplace Harassment Policy have a right to report harassment or evidence of harassment and are entitled to have access to the dispute resolution processes. Every attempt shall be made to resolve matters through an informal resolution where appropriate. The first step is to inform the individual that their behaviour is unwelcome and must stop immediately. Many disputes can be resolved quickly and effectively using this approach. In order to stop objectionable behaviour, managers must address and attempt to resolve disputes in a timely fashion.

    These procedures provide a mechanism for implementing the Workplace Harassment Policy and mechanisms for reporting and investigating incidents of workplace harassment. Nothing in these procedures denies or limits access to other avenues of redress available under the law or through progressive discipline. In such a case, this process shall cease until the parties and their respective representatives have met with the Manager or Chief People
    Officer or Headmaster or designate (or the relevant Head of the Lower, Middle or Upper School, or designate for students) to determine whether a formal investigation will proceed or whether the complainant wishes to proceed under another process. Multiple processes will not be permitted to proceed concurrently, although informal dispute resolution attempts will be permitted at any time with the agreement of the School and the parties.

    The following steps represent the process for resolving a harassment complaint through the School. The complainant is free to commence the complaint procedure at the formal or informal stage outlined herein. The complainant is also free to discontinue a complaint at any time. The School, however, may deem the circumstances worthy of further investigation and initiate its own action.

  • Who May Initiate a Complaint?

    All employees and any other workers have access to the complaint procedures. Individuals who believe that they are targets of harassment may initiate a complaint. In addition, those who have witnessed harassment directly, have received reports of harassment incidents or have reasonable grounds to suspect that harassment is occurring, may initiate a complaint.

    Each employee has the right and is encouraged to contact the Executive Director, People & Culture or the Headmaster.

  • Timelines

    All complaints must be reported within one (1) year of the most recent alleged harassing behaviour. A complaint outside this time frame may be considered by consulting the Chief People Officer or the Headmaster.

  • Confidentiality

    It is the duty of the managers to maintain confidentiality in the complaint process. Confidentiality will be maintained, including identifying information of individuals involved, except to the extent disclosure is required to conduct an investigation, for the purposes of corrective action, to protect a staff member, or is otherwise required by law. All complainants, respondents and other persons involved with the complaint processes under these procedures will ensure that all matters remain confidential.

    Witnesses should be informed that managers, in obtaining a statement, will maintain such statement in strict confidence, subject to their ability to conduct a full and thorough investigation.

    Notwithstanding the above, procedural fairness requires that the respondent to a complaint be apprised of the nature of the complaint and by whom it has been made so that they have an opportunity to respond to the allegations. This may require the disclosure of witness names and statements to the parties.

    The School may be required to provide information obtained during an investigation to an outside agency, such as police services, court or tribunal.

  • Records

    All correspondence and other documents generated under these procedures will be marked “PRIVATE AND CONFIDENTIAL” and be stored in a locked and secure file in the People and Culture Department.

  • Misuse of the Complaint Procedures

    If there is a determination on a balance of probabilities that a complaint has been filed in bad faith, the complaint process may be discontinued and disciplinary action may occur.

  • Reprisals

    Reprisals against individuals because they have reported a complaint are strictly forbidden. Alleged reprisals shall be investigated as formal complaints and, if substantiated, are subject to the same consequences as complaints of harassment.

  • Informal Resolution

    Who May Initiate a Complaint?

    All employees have access to the complaint procedures. Individuals who believe that they have been subjected to harassment may report such behaviour. In addition, those who have witnessed directly, or have reasonable grounds to suspect that harassment is occurring, may initiate a report. Anonymous reports will not be entertained for dispute resolution under these procedures. Third-party disclosures will only go forward (to the formal stage) with the alleged victim’s consent.

    Responsibility of Managers

    Managers may become aware of workplace harassment in the working or learning environment in different ways. They may observe harassment directly or receive a report from the individual affected or they may receive reports from third parties.

    It is important that managers pay attention to symptoms arising out of possible objectionable behaviour such as reduced productivity, changes in behaviour, absenteeism, requests for transfers or rumours. Without assistance, the targets of objectionable behaviour may be embarrassed or reluctant to report a situation. A speedy resolution of a complaint can prevent escalation and further negative consequences while promoting the restoration of a healthy learning and working environment.

    Informal Resolution is a procedure that provides an opportunity for parties to resolve a dispute mutually in a respectful manner. The School will require managers to first engage in informal resolution as a means of resolving issues. People and Culture should be consulted in order to provide advice to the manager.

    Informal Resolution Steps

    After listening to the verbal description of the event(s) provided by the parties involved, managers may attempt to facilitate an informal resolution by:
    • suggesting that the complainant confront the problem by making it clear to the individual alleged to have engaged in workplace harassment that the behaviour is not acceptable and by obtaining a commitment that the behaviour will stop;
    • informing the individual of the complainant’s concern regarding the alleged objectionable behaviour and the School’s expectation for appropriate behaviour, providing a copy of the Workplace Harassment Policy and/or other relevant School policies, and obtaining a commitment that the behaviour will stop; and
    • following up with the complainant to ensure that the behaviour has stopped. Managers may initiate mediation by a neutral third party.

    Informal Resolution Follow-up

    In cases where an informal plan of action is implemented, managers will follow up by monitoring the situation, holding, if necessary, subsequent meetings with the parties and taking further steps to ensure that the harassment has stopped.

    All notes and/or information prepared in the course of the informal resolution process will be forwarded to People and Culture for storage in a confidential workplace incident file separate from the employee file. Only a record of negative consequence, warning or caution will be placed in the respondent’s employee file.

  • Formal Complaint Procedure

    Initiating a Formal Complaint

    Formal complaints will only be initiated once all reasonable efforts have been made to resolve the conflict informally. The Executive Director, People & Culture, Headmaster or designate will have the discretion to refer a formal complaint to the appropriate manager and the parties if they are not satisfied that reasonable efforts have been made to resolve the dispute informally.

    Employee complainants should contact their manager or the Manager or Executive Director, People & Culture or Headmaster. If an employee requires assistance in preparing a formal complaint another individual such as a colleague could make the complaint on the employee’s behalf. If the manager is the party alleged to be responsible for the objectionable behaviour or alleged to condone the objectionable behaviour, the complaint should be reported to the appropriate Manager or Chief People Officer or Headmaster.

    Other user complainants should report the complaint to the appropriate managers at the School or, if they require assistance in reporting.

    The rights of students to a respectful working and learning environment, free from harassment, are dealt with under other appropriate policies and procedures, including the Crescent School Code of Conduct and rules of behaviour. Students should contact the relevant Head of the Lower, Middle or Upper School, or, where appropriate, their teacher or the social worker for clarification on the process to be followed.

    Respondents to a Complaint

    Individuals who are named as respondents in a complaint have a right to know in a timely manner that they are the subject of a complaint, who the complainant is, what the allegations are and what approach to a resolution is being considered. In particular, a respondent has a right to know the specifics of an allegation, including times, dates and alleged conduct. Respondents will be given time to prepare a full and complete response to the allegations.

    Assistance for Complainants, Respondents and Witnesses

    Prior to initiating any complaint and throughout the complaint process, complainants have a right to assistance and support as appropriate. Individuals who are named as respondents in a complaint, as well as witnesses, also have a right to assistance and support throughout the complaint process as appropriate. The following people may provide support:
    • parent/guardian/other caregiver;
    • professional support staff;
    • employee or colleague;
    • trained resource person; and/or
    • translator/interpreter (if necessary)

    Threshold Assessment

    All formal reports filed under the Workplace Harassment Policy will be subject to an immediate threshold assessment by the Chief People Officer, Headmaster or designate to determine whether the alleged conduct would if proven, meet the definition of workplace harassment.

    If the School, following this threshold assessment, determines that the report filed:
    • would not, if true, meet the definition of workplace harassment;
    • does not provide sufficient details of the alleged harassment, provided the complainant is given notice that insufficient details have been provided and given reasonable time to provide sufficient details; or
    • is vexatious, frivolous or trivial, has not been made in good faith or would, if investigated, constitute an abuse of the Workplace Harassment Policy.
    The complainant shall be so advised and no further action shall be taken under the Workplace Harassment Policy. Where allegations relate to discrimination on the basis of a ground prohibited by the Ontario Human Rights Code, they shall be addressed using the appropriate School policy.

    Procedure for Resolving a Formal Complaint

    In all cases, where the Chief People Officer, Headmaster or designate has determined that the parties have made reasonable efforts to resolve the dispute informally, and has conducted a threshold assessment to determine that a formal complaint should proceed, they shall direct the appropriate manager to take action to resolve the formal complaint under this policy.

    Formal Investigation and Resolution

    Formal complaints require an appropriate investigation of the complainant’s allegations. Investigators could be the manager of the complainant and/or respondent, the Chief People Officer, unless such person(s) actively participated in the unsuccessful informal resolution process, in which case, an independent investigator will be appointed. Where the complainant and the respondent have different reporting structures, managers involved and the Chief People Officer will determine who the appropriate person is to take responsibility for the investigation.

    In a formal investigation, an investigator will ensure that the following steps are taken, as soon as possible:
    • appropriate measures are taken to ensure the safety of the complainant;
    • notify the complainant(s), the respondent(s) and witness(es) that they are entitled to support and assistance throughout the process as appropriate;
    • ensure that the respondent(s) have a copy of the complaint;
    • interview the complainant(s) and/or the third party reporting the complaint;
    • inform the respondent(s) of the allegations and provide an opportunity for response;
    • interview the respondent(s);
    • interview witness(es);
    • come to conclusions about whether a specific incident did or did not occur based on a balance of probabilities (the question of whether the behaviour is objectionable will be assessed using objective standards);
    • provide a written summary of the findings and conclusions to the complainant and to the respondent and give them an opportunity to respond to same; and
    • take appropriate action(s) to resolve the situation.
    If the respondent declines to participate in the formal investigative process, the investigation will still proceed. The respondent should be encouraged to participate in the interest of a balanced and fair process.

    The complainant and respondent, if employees or other workers, will be informed of the outcome of the investigation and any corrective action taken, in writing.

    Standard of Proof

    The standard of proof to be applied is the balance of probabilities.

    Outcomes in Formal Investigations

    In the event a complaint is not substantiated, no further action will be taken, except that written notification will be provided to the complainant and respondent, if staff or other workers, and subject to the section on maintaining records. In cases where the complaint is found to be trivial, vexatious or an abuse of the process, in which case, the complainant may be subject to disciplinary action as outlined in the section “Disciplinary Actions” below. However, if there is a need to restore a positive learning or working environment or if the complainant and/or respondent require counselling, appropriate steps will be taken to meet such needs. Follow-up possibilities:
    • counselling for the parties;
    • application of strategies to restore a positive learning/working environment;
    • mediation;
    • specific training for the complainant or respondent;
    • workshops for the staff and/or others in the school/workplace regarding their rights and responsibilities;
    • separation of respondent and complainant from each other; and/or
    • restorative measures.

  • Disciplinary Action

    Employee Respondents

    The appropriate manager may impose discipline as appropriate and consistent with the circumstances. The principles of progressive discipline will be applied in dealing with disciplinary actions under this policy. These would include the following possibilities:
    • verbal warning;
    • written reprimand;
    • suspension with pay;
    • suspension without pay; or
    • dismissal from employment with the School.

    Other Respondents

    Actions must be determined as appropriate for the individual situation and may include such responses as a letter of disapproval and caution or warning, a revoking of permits or contracts, an issuing of a trespass warning, or other remedies as provided by the common law and/or the appropriate legislation. The involvement of the Executive Director, People & Culture is recommended in these situations.

    Mediated Resolutions

    Mediation involves an unbiased third party acting as a facilitator in direct communication between the parties who voluntarily agree to enter into this process. It is an opportunity to resolve disputes in a respectful manner. It provides the opportunity to generate a variety of options for resolution and contributes to restoring the working relationship between the parties.

    Where there is already a formal complaint being investigated under these procedures, at any time during the investigation, the parties may agree to hold the investigation in abeyance and attempt to achieve a mediated resolution.

    Mediation is appropriate when all parties agree that a mutually agreeable solution is achievable and desirable. The investigator will request approval to mediate or attain a trained mediator from the School’s list of approved mediators when the parties have expressed an interest in a mediated resolution. In cases where mediation is
    sought, People and Culture will provide a trained mediator who is acceptable to both parties. Meetings required for mediation sessions will be scheduled as soon as possible and, where practical, at a time and place convenient for the complainant, the respondent and the mediator.

    When matters are resolved through mediation, the complainant and the respondent will sign a memorandum of agreement outlining the terms to which they have agreed. Managers will ensure that the terms that the parties have agreed to have been met.

    Mediation is voluntary and the complainant or the respondent may choose to withdraw at any time.

  • Grounds for Review

    In the event a complainant or respondent to a formal complaint has one or both of the specific concerns listed below, a request may be made to the Headmaster of the School to convene a Review. A reviewer will be appointed by the Headmaster. The grounds for review are:
    • the investigators did not comply with the procedures; or
    • new evidence has become known after the final decision but before the expiry of the ten working days limitation period for requesting a review.
    No review of the final decision will be undertaken with regard to the claim that the conclusions drawn by the investigator(s) based on findings of fact were incorrect.

    The reviewer will report its findings to the Headmaster who will affirm or amend a final decision or require that a new investigation be undertaken.

  • Training, Annual Review and References

    Employees and other workers will receive appropriate training on this Program and the Workplace Harassment Policy. This Program and the Workplace Harassment Policy will be reviewed as often as necessary, and at least annually.

    References:
 

Workplace Violence

List of 15 items.

  • Statement of Commitment

    Crescent School (the “School”) is committed to providing, maintaining and promoting a safe and healthy working and learning environment, free from workplace violence, for all members of the School community and visitors. All members of the school community are expected to follow safe work practices, comply with legislative and school safety requirements, and take an active role in protecting the health and safety of others.

    The School is committed to providing a workplace that promotes professionalism and ethical behaviour. It therefore requires all persons to exercise behaviour that facilitates the creation of a working environment that is conducive to the achievement of excellence and the development of one’s potential. Workplace violence constitutes unprofessional behaviour which undermines the maintenance of a professional workplace and will not be tolerated. The School will take every precaution reasonable in the circumstances to protect workers. This includes protecting workers from the hazard of workplace violence.

    The School encourages the reporting of all incidents of workplace violence, regardless of who the offender may be

  • Purpose of This Policy

    The purpose of the Workplace Violence Policy (the “Policy”) is to maintain a work environment free from acts of violence or threats of violence. This Policy is a clear statement of the School’s commitment and determination to prevent and act promptly against any incident of violence or threat of violence and to create an environment where violence will not be tolerated. The objectives of the Policy are to:
    • demonstrate and promote the commitment of the School to protect the dignity and rights of its employees;
    • alert and educate employees to the fact that violence is prohibited under the laws of Canada;
    • confirm that the School cannot condone behaviour that is likely to undermine the safety, security or productivity of any of its employees;
    • demonstrate the School’s commitment to protecting employees from workplace violence;
    • address violence from all possible sources (managers, employees, the public, domestic partners, students and parents); and
    • outline the roles and responsibilities of the workplace parties in supporting the Policy and Workplace Violence Program.

  • Definition of Workplace Violence

    Workplace Violence means:
    • the exercise of physical force by a person against a worker, in a workplace, that causes or could cause physical injury to the worker;
    • an attempt to exercise physical force against a worker, in a workplace, that could cause physical injury to the worker; and
    • a statement or behaviour that it is reasonable for a worker to interpret as a threat to exercise physical force against the worker, in a workplace, that could cause physical injury to the worker.

  • Definition of Workplace

    The Policy will be enforced where activities related to the business of the School take place. These include:
    • activities within offices, classrooms, staff rooms, cafeterias/lunch rooms and other School property
    • events associated with and including extra-curricular activities;
    • situations outside of the School operated premises e.g., field trips, external work assignments, work-related conferences, training sessions, travel or social gatherings; or
    • activities in other locations where violence or threats of violence may have a subsequent impact on the work relationship, performance or environment.

  • To Whom Does This Policy Apply?

    All persons working for the School or carrying out the School’s business are covered by the policy. These include teaching staff, office staff, security staff and cleaning staff who are temporary, part-time, full-time and contract employees. This Policy also applies to members of the School’s Board of Governors.

    Information and Instruction with Respect to Workplace Violence
    1. The School will provide employees with,
      • information and instruction that is appropriate for employees on the contents of the policy and program with respect to workplace violence and
      • any other prescribed information or instruction.
    2. The information provided to an employee may include personal information related to a risk of workplace violence from a person with a history of violent behaviour if,
      • the employee can be expected to encounter that person in the course of their work and
      • the risk of workplace violence is likely to expose the employee to physical injury.
    3. The School will not disclose more personal information than is reasonably necessary to protect the employee from physical injury.

  • Domestic Violence

    If the School becomes aware or ought reasonably to be aware that domestic violence that is likely to expose an employee to physical injury may occur in the workplace, the School will take every reasonable precaution to protect the employee.

  • Assessment of the Risks of Workplace Violence

    1. The Joint Health and Safety Committee (JHSC) will assess the risks of workplace violence that may arise from the nature of the workplace, the type of work or the conditions of work.
    2. The JHSC will reassess the risks of workplace violence as often as necessary to ensure that the related policy and the related program continue to protect employees from workplace violence.
    3. The assessments and reassessments will take into account,
      • circumstances that would be common to similar workplaces
      • circumstances specific to the workplace and
      • any other prescribed elements.
    4. The assessment and reassessment of risk of workplace violence will also take into account:
      • the existence of potential risks due to interactions with managers, employees, the public, domestic partners, students and parents
      • the School’s emergency response plan and
      • the relationship between the School and the local police.
    5. The JHSC shall advise the leadership of the School of the results of the assessment and reassessment, and provide a copy if the assessment or reassessment is in writing.

  • Program to Implement the Policy with Respect to Workplace Violence

    The School will develop and maintain a program to implement the policy with respect to workplace violence. The program will,
    • include measures to take and procedures to follow in order to control risks of workplace violence identified in the risk assessment, as likely to expose an employee to physical injury;
    • include measures to take and procedures to follow in order to summon immediate assistance when workplace violence occurs or is likely to occur;
    • include measures that employees must take and procedures that they must follow to report incidents of workplace violence to the School or their manager;
    • set out how the School will investigate and deal with incidents or complaints of workplace violence; and
    • include any prescribed elements.

  • Posting of the Policy

    The Policy concerning workplace violence will be posted at a conspicuous place in the workplace.

  • Review of the Policy

    The School will review the Policy with respect to workplace violence as often as necessary, but at least annually.

  • Reporting Workplace Violence

    All staff must remain vigilant about workplace violence. Any staff who are aware of, or have cause to be concerned about workplace violence should report such incidents to the Manager or Chief People Officer or, if the Manager or Chief People Officer is involved in the allegations of violence, the Headmaster. Reports can be made either verbally or in writing. Reports should be made as soon as reasonably possible given the circumstances of the incident.

    The School will treat any report of workplace violence as a serious matter and will respond in a timely fashion.

    The School is committed to maintaining the privacy and confidentiality of an individual concerned in an incident of workplace violence, wherever possible. However, employees should note that reports cannot be filed anonymously. Information may be disclosed in the course of an investigation where necessary for the purposes of the investigation, to ensure procedural fairness and/or for the protection of staff. Further, information may be disclosed where otherwise required by law.

  • Duties of the Manager

    A manager will advise an employee of the existence of any potential or actual danger to the health or safety of the employee of which the manager is aware, including personal information, related to a risk of workplace violence from a person with a history of violent behaviour if,
    • the employee can be expected to encounter that person in the course of their work and
    • the risk of workplace violence is likely to expose the employee to physical injury.
    A manager will not disclose more personal information than is reasonably necessary to protect the employee from physical injury. A manager will advise an employee of the existence of any actual or potential danger to the health and safety of the employee of which the manager is aware.

    A manager will take every precaution reasonable in the circumstances to protect employees.

  • Duties of the Employee

    The employee will advise their manager of any incident or risk of workplace violence of which they are aware. The employee will report any contravention of the Occupational Health and Safety Act or its regulations, or the existence of any hazard the employee knows of to their manager.

  • Duties of Students

    Students will comply with their responsibilities under relevant School policies and procedures. A student will advise the relevant Head of the Lower, Middle or Upper School or designate of any incident of violence or risk of violence of which they are aware.

    A student may report unsafe conditions in the learning environment or the existence of any hazard the student is aware of to the relevant Head of the Lower, Middle or Upper School or designate. In the event of an incident of harassment, violence or bullying, a student will utilize the Crescent School Code of Conduct.

  • Reprisal

    This Policy prohibits reprisals against individuals, acting in good faith, who report incidents of workplace violence or act as witnesses. The School will take all reasonable and practical measures to prevent reprisals, threats of reprisal, or further violence. Reprisal is defined as any act of retaliation, either direct or indirect.
 

Workplace Violence Program

List of 11 items.

  • General

    Crescent School (the “School”) expects that any incidents of or threats of workplace violence will be dealt with promptly by all parties concerned. The School expects that all incidents or threats of workplace violence will be investigated in a fair, consistent, thorough and confidential manner.

    This program provides a mechanism for implementing the Workplace Violence Policy and for reporting and investigating incidents of violent or threatening behaviour in the work environment. Nothing in this program denies or limits access to other avenues of redress available under the law.

  • Response Procedures

    All employees of the School have an obligation to immediately notify the School should they experience, observe or become aware of violent or threatening behaviour or any warning signs leading to violent or threatening behaviour.

    When workplace violence occurs or is likely to occur, employees are encouraged to act immediately and summon assistance. For threats of violence, assaults or other violent incidents, employees should assess the situation and call 9-1-1 immediately if necessary, and then contact their manager or someone from People and Culture. After requesting police involvement and the emergency situation is under the proper control, the particulars of the event will be recorded by the Supervisor or appropriate Division Head. The manager will in turn notify People and Culture.

    The Chief People Officer or designate will review and assess the information they have received to determine if the situation:
    • can be addressed through existing School policies; or
    • requires escalated actions, at which point the Chief People Officer, will report the violent incident or threat of violence to the relevant Head of the Lower, Middle or Upper School or the Headmaster, in determining the necessary measures required to address the incident of workplace violence or threat of violence.
    Appropriate managers will be updated on a timely basis.

  • Violent or Threatening Behaviours

    The following are examples of violent or threatening behaviour or warning signs of such behaviour:
    • oral, written or non-verbal threats - or intimidation, explicit or subtle fascination with weaponry and/or acts of violence;
    • disrupting or obstructing any school activities or other authorized activities;
    • expression of a plan to hurt self/others;
    • extreme feelings of persecution, expressed distrust, especially with those in authority;
    • expression of extreme desperation over family, financial or personal problems;
    • frequent and unusual interpersonal conflicts;
    • unusual reaction to criticism of work performance;
    • displays of unwarranted anger;
    • violence toward inanimate objects;
    • sabotaging projects, computer programs or equipment;
    • holding a grudge against a specific person; verbalizing a hope that something negative will happen to him/her;
    • knowingly (which includes when one should reasonably have known) creating a condition that endangers the health, safety, or well-being of any person;
    • coercing, enticing or inciting a person to commit an act that is humiliating or demeaning to that person or to others;
    • distribution of hate material and/or hate-motivated violence;
    • any physical assault, including physical assault causing bodily harm;
    • misappropriation, damage, defacement and/or destruction of premises or property of the company, or the property of others; and/or
    • storage, possession or use of a firearm, explosive substance, or other weapon, flammable solvents, bio- hazardous, volatile or poisonous materials.

  • Measures and Procedures to Protect Employees from Workplace Violence

    For matters arising from the Workplace Violence Policy, where possible, the Executive Team will convene an emergency meeting. The Chief People Officer will collect all pertinent information relating to the behaviours and the reported circumstances. If required, the specific employees may be contacted.

    The School will evaluate the circumstances of a person’s history of violent behaviour. Factors to consider include:
    • Was the history of violence associated with the workplace or work?
    • Was the history of violence directed at a particular worker or workers in general?
    • How long ago did the incident(s) of violence occur?
    • What measures and procedures are in place in the existing workplace violence program?
    The Executive Team will ensure that the relevant employees have been provided with sufficient information, which may include personal information related to a risk of workplace violence, if:
    • the employee can be expected to encounter that person in the course of their work and
    • the risk of workplace violence is likely to expose the employee to physical injury.
    The Executive Team will not disclose more personal information than is necessary to protect the employee from physical injury.

    Measures and procedures that the School may implement to protect employees from workplace violence include:
    • contacting the police;
    • encouraging employees to work and travel in groups;
    • rescheduling work hours to avoid working late nights or very early mornings;
    • training employees in conflict resolution and mediation strategies;
    • developing a safety plan for an individual employee;
    • separation of individuals in the workplace;
    • monitoring a person’s behaviour in the workplace; and/or
    • reporting the violent incident or risk of violence and undertaking an investigation.
    Incidents that involve violence or the imminent threat to the safety or security of a person will require a police response. Occurrences that require a police response include:
    • physical assault causing bodily harm;
    • sexual assault;
    • robbery;
    • extortion;
    • criminal harassment;
    • drug offences, including possession and trafficking drugs;
    • weapons offences;
    • explosive substance;
    • hate-motivated incidents; and
    • threats of serious physical injury.
    Where police have been contacted, the School will halt its review of the incident until the police investigation is complete. There is a concern that if the School persists in reviewing the incident, the manager’s actions in interviewing certain witnesses or seizing property could hamper or prejudice the police investigation. In these circumstances, the School will defer to the police and allow them to carry out their investigation before the School completes its investigation of the incident.

  • Investigation and Possible Outcomes

    In conducting an investigation of a violent incident or risk of violence, where appropriate, the Chief People Officer or designate will ensure that the following steps are taken:
    1. appropriate measures are taken to ensure the safety of the complainant;
    2. notify the complainant(s), the respondent(s) and witness(es) that they are entitled to support and assistance throughout the process;
    3. ensure that the respondent(s) have a copy of the complaint;
    4. interview the complainant(s) and/or the third party reporting the complaint;
    5. interview witness(es);
    6. inform the respondent(s) of the allegations and provide an opportunity for response;
    7. interview the respondent(s);
    8. come to conclusions about whether a specific incident did or did not occur based on a balance of probabilities (the question of whether behaviour is objectionable will be assessed using objective standards);
    9. provide a written summary of the findings and conclusions to the complainant and to the respondent and give them an opportunity to respond to same; and
    10. take appropriate action(s) to resolve the situation.

  • Standard of Proof

    The standard of proof to be applied is the balance of probabilities.

  • Outcomes in Formal Investigations

    In the event a complaint is not substantiated, no further action will be taken, subject to the requirement to maintain records. In cases where the complaint is found to be trivial, vexatious or an abuse of the process, in which case, the complainant may be subject to disciplinary action as outlined in the “Disciplinary Actions” section below. However, if there is a need to restore a positive working environment or if the complainant and/or respondent require counselling, appropriate steps will be taken to meet such needs.

    Follow-up possibilities:
    • counselling for the parties;
    • application of strategies to restore a positive working environment;
    • mediation;
    • specific training for the complainant or respondent;
    • workshops for the staff and/or others in the school/workplace regarding their rights and responsibilities;
    • separation of respondent and complainant from each other; and/or
    • restorative measures.

  • Disciplinary Actions

    Employee Respondents

    The appropriate manager may impose discipline as appropriate and consistent with the circumstances. The principles of progressive discipline will be applied in dealing with disciplinary actions under this policy. These would include the following possibilities:
    • verbal warning;
    • written reprimand;
    • suspension with pay;
    • suspension without pay; or
    • dismissal from employment with the School.

    Other User Respondents

    Actions must be determined as appropriate for the individual situation and may include such responses as a letter of disapproval and caution or warning, a revoking of permits or contracts, an issuing of a trespass warning, or other remedies as provided by the common law and/or the appropriate legislation. The involvement of the Executive Director, People & Culture is important in these cases.

    Risk Assessment

    The JHSC will conduct an assessment of the risk of workplace violence that may arise from the nature of the workplace, type of work or conditions of work. Such assessment will take into account the circumstances of the workplace and the circumstances common to similar workplaces, as well as other elements prescribed in regulation. The reassessment will determine the degree of risk for the School workplace and includes the following groups:
    • managers
    • employees
    • the public
    • domestic partners
    • students and/or
    • parents.
    A number of activities or circumstances may increase the risk of workplace violence. These include:
    • public contact;
    • working with unstable or volatile people;
    • working alone or with just a few people; or
    • working late nights or very early mornings.
    The School will develop measures and procedures to control identified risks that are likely to expose an employee to physical injury. In an effort to control these identifiable risks, the School has developed and implemented measures and procedures that include the following:
    • Workplace Harassment Policy
    • Workplace Harassment Program and
    • Workplace Violence Policy.
    A copy of the risk assessment findings will be provided to the Executive Team.

  • Confidentiality

    It is the duty of the managers to maintain confidentiality in the complaint process. All persons involved in the investigation process will ensure that all matters remain confidential, subject to the requirement to comply with these procedures.

    The School may be required to provide information obtained during an investigation to an outside agency, such as police services, court or tribunal

  • Records

    All correspondence and other documents generated under these procedures must be marked “PRIVATE AND CONFIDENTIAL” and be stored in a locked and secure file in the People & Culture Department.

  • Training Procedures

    Training sessions will be organized for the School employees in relation to the implementation of the Workplace Violence Policy and the Workplace Violence Program.
2365 Bayview Ave. Toronto, ON M2L 1A2
Ph: 416.449.2556