Harassment & Discrimination Policy

The purpose of this Policy is to:

1. Establish appropriate guidelines to foster a caring, safe learning and working environment that is free from all forms of harassment and discrimination;
2. Set out the principles that guide the interpretation and application of this policy and its associated procedures;
3. Articulate the commitment to those affected by harassment and discrimination;
4. Raise awareness about harassment and discrimination and inform members of the Providence Community about their rights, responsibilities and resources;
5. Provide assistance mechanisms to ensure that targets of harassment and discrimination receive appropriate support and;
6. Establish a process to determine whether harassment and discrimination has occurred and to impose sanctions where appropriate.

Guiding Principles

Harassment and discrimination are unacceptable and represent unchristian behaviour that will not be tolerated in the Providence Community. We are committed to challenging and preventing harassment and discrimination and creating a safe space to respond to anyone in our Providence Community who has experienced harassment and discrimination. Providence is expected to be a safe and positive space where members of the Providence Community are able to live, work, learn, and express themselves in an environment free from harassment and discrimination. We recognize that individuals who have experienced harassment and discrimination may experience emotional, academic, or other difficulties.

From these guiding principles, we are committed to:

1. Striving to create a community that is free from harassment and discrimination:
   1. Ensuring that every member of the Providence Community understands that behaviours influenced by or that demonstrate evidence of conscious or unconscious bias, prejudice, negative stereotypes, etc., are often the root cause of harassment and discriminatory behaviours;
   2. Whether or not conduct meets the threshold for the definitions of harassment or discrimination in this Policy, behaviours influenced by conscious or unconscious bias, prejudice, negative stereotypes, etc., can nevertheless impact participation by a member(s) of the community in our living, learning, or working environments. As such, Providence will combat such conduct through remedial actions, including education and initiatives to advance equity, diversity, inclusion, anti-racism, indigenization, etc.;
   3. Contributing to the creation of a campus atmosphere in which harassment and discrimination are not tolerated by actively engaging in the prevention of discrimination and harassment in all possible ways.
2. Supporting and respecting all targets of harassment and discrimination:
   1. Ensuring that individuals who report that they have been the target of harassment and discrimination are supported, and that their right to confidentiality, dignity, autonomy, and respect is protected throughout any process of reporting, investigation, and institutional response;
   2. Assisting individuals who have experienced harassment and discrimination by providing detailed information and support and allowing them to choose the supports they desire, such as provision of and/or referral to counselling, information about legal options, and appropriate academic and other accommodation, whether or not they choose to formally report the incident;
   3. Engaging in appropriate procedures for investigation and adjudication of a complaint which are in accordance with Providence policies and standards, and that ensures fairness and due process.
   4. Understanding that experiencing Harassment and Discrimination can cause significant trauma, ensuring that adequate trauma-informed care is provided for complainants and that the procedures follow a trauma-informed process.

1. This Policy applies to all members of the Providence Community, including:
   1. Individuals registered as students at any of Providence’s schools (Providence University College, including Providence Downtown, or Providence Theological Seminary, or CODE), whether full-time or part-time (including special students), at the non-credit, certificate, undergraduate, or graduate level;
   2. All employees, including all academic and support staff, as well as those whose salary is paid through sources other than Providence funds, such as grants, research grants, or external contracts;
   3. Persons with an academic appointment including, but not limited to, adjunct, visiting and emeritus professors;
   4. Members of the Board of Governors, of the Senate and any of their respective committees, as well as members of any advisory committee formed to help Providence achieve its goals;
   5. Independent and dependent contractors, consultants, suppliers of services, vendors, volunteers, alumni, and any individuals who are acting in a capacity defined by their relationship to Providence; and
   6. Visitors to Providence whether they are in the school’s learning, living, or work environment, on or off campus, or interacting through social or electronic media.
2. This Policy covers any conduct relating to Providence, which is defined
   1. At any Providence campus, on its grounds, or in its buildings;
   2. Using Providence equipment or systems, such as Providence email, telephone, or fax systems); or
   3. On Providence business or programs (including work and study assignments off campus, athletic, or other Providence group events, work-related or study-related social functions, travel, conferences, and training).
3. All members of the Providence Community and all persons present on campus, for whatever reason, are responsible for contributing, through their conduct, to creating an environment free of harassment and discrimination.
4. Incidents of digital and virtual harassment and discrimination are governed by this Policy where they occur in a University College and Seminary context, meaning on campus or on work or study sites under Providence’s control, or during a Providence-sponsored activity. Conduct that occurs outside of the Providence premises may be governed by this Policy, where that conduct has a real and substantive link to Providence and affects a member of the Providence Community and impacts on the learning, working or living environment.

It is contrary to this Policy for anyone to retaliate, engage in reprisals, or threaten to retaliate against a complainant or other individual for:

1. Having pursued rights under this Policy, the Criminal Code of Canada or the Manitoba Human Rights Code;
2. Having participated or co-operated in an investigation under this Policy, the Criminal Code of Canada or the Manitoba Human Rights Code; or
3. Having been associated with someone who has pursued rights under this Policy, the Criminal Code of Canada or the Manitoba Human Rights Code.

Anyone engaged in such conduct may be subject to disciplinary action.

This Policy and the formal complaint process do not prevent and are not intended to discourage an individual from also reporting harassment or discrimination to the police (when applicable) and pursuing a complaint with the Manitoba Human Rights Commission, or any other legal avenue. Targets may report through one or both of these avenues as they are applicable and as they feel comfortable, and we will endeavour to support any community member in the reporting process and through any subsequent process, in addition to co-operating with any external investigations. Providence retains the right to suspend its own internal investigation processes while external investigations are ongoing.

If a Complaint is determined to be well-founded, Providence shall:

1. In the case of a respondent who is an employee, bring the complaint to the Human Resources Department, who may take such remedial or preventive measures as may be necessary, depending on the circumstances and to the extent possible, to resolve or address the Complaint. The President or the Director of Human Resources shall have authority to take disciplinary action as required against the respondent in accordance with Providence’s policies, regulations and collective agreements, and may consult with the appropriate administrative offices (e.g. Academic, Student Life, etc.) before deciding to impose a disciplinary measure or take any other form of remedial action.
   • OR
2. In the case of a respondent who is a student, bring the complaint to the Vice President of Student Life, who may take such remedial or preventive measures as may be necessary, depending on the circumstances and to the extent possible, to resolve or address the Complaint. The President or the Vice President Student Life shall have authority to take disciplinary action as required against the respondent in accordance with Providence’s policies, regulations and collective agreements, and may consult with the appropriate administrative offices (e.g. Academic, Human Resources, Student Life, etc.) before deciding to impose a disciplinary measure or take any other form of remedial action.

The objective of the disciplinary action or sanction is to deter and prevent the continuation or repetition of the conduct, and may include a range of measures, such as, but not limited to, one or more of the following:

• A directive to the respondent to cease the behaviour or cease all contact with the complainant, where a failure to comply may lead to further penalty;
• A program of education or counselling to be undertaken by the respondent;
• A directive to the respondent to make a written apology to the complainant, if agreed to by the complainant;
• Suspension;
• Termination of employment;
• Dismissal or expulsion.

Any violation of the Policy can lead to administrative or disciplinary measures including termination of employment or expulsion of students.

Definitions

Protected Characteristics: The Protected Characteristics identified in the Manitoba Human Rights Code (MHRC) apply to complaints of discrimination and/or grounds-based harassment. These characteristics are

1. ancestry, including colour and perceived race
2. nationality or national origin
3. ethnic background or origin
4. religion, religious belief, association or activity
5. age
6. sex, including pregnancy
7. gender identity
8. sexual orientation
9. marital or family status
10. source of income
11. political belief, association or activity
12. physical or mental disability
13. social disadvantage

Where an individual is mistreated because of a relationship or association with someone identified as belonging to any of the above groups, this also infringes on their right to be free from discrimination and harassment.

Discrimination: Providence adopts the definition of discrimination as per the MHRC. The MHRC states that discrimination occurs when:

1. A distinction, whether intentional or not but based on grounds relating to personal characteristics of the individual or group, as described in section 9 of The Code has the effect of
   1. imposing burdens, obligations, or disadvantages on an individual or group not imposed upon others, or
   2. withholding or limiting access to opportunities, benefits, and advantages available to other members of society, and
2. The imposition of the burden or withholding of the benefit occurs in a manner which
   1. reflects the stereotypical application of presumed group or personal characteristics, or
   2. has the effect of perpetuating or promoting the view that the individual is less capable or worthy of recognition or value as a human being or
   3. as a member of our society.

See full definition here: http://www.manitobahumanrights.ca/education/pdf/board-of-commisioner-policies/g-1.pdf

Harassment: Providence adopts the definitions of harassment from the MHRC and the Workplace Safety and Health Regulation (WSHR).

The MHRC defines harassment as: abusive and unwelcome behaviour that degrades, demeans, humiliates, or embarrasses a person. It is a form of discrimination when it is based on one of the protected grounds (ancestry, sex, religion etc). The person experiencing the harassment may have informed the harasser the behaviour is unwelcome or the behaviour may be deemed unwelcome if a reasonable person in those circumstances would view it that way. It can take many forms:

• verbal behaviour (comments, innuendo, jokes, threats)
• gestures and other non-verbal behaviour (touching or unnecessary physical contact)
• visual forms of harassment (posters, videos)
• physical behaviour (pushing, shoving)
• electronic harassment (emails, text messages, displaying graphic images)

Harassment often occurs in the workplace. It can take place in the workplace itself, or outside of the workplace in a situation that is in some way connected to work (for example, during delivery trips, off-site meetings, workplace parties, business trips). Appropriate performance reviews, counselling, or discipline by a supervisor or manager is not harassment.

Further information here: http://www.manitobahumanrights.ca/education/pdf/guidelines/guideline_harassment.pdf

The WSHR defines harassment as conduct that is:

1. 1. objectionable, if it is based on race, creed, religion, colour, sex, sexual orientation, gender-determined characteristics, marital status, family status, source of income, political belief, political association, political activity, disability, physical size or weight, age, nationality, ancestry or place of origin; or
   2. severe, if it could reasonably cause a worker to be humiliated or intimidated and is repeated, or in the case of a single occurrence, has a lasting, harmful effect on a worker.

The act also specifies that “conduct includes a written or verbal comment, a physical act or gesture or a display, or any combination of them.”

See the full Regulation here: https://web2.gov.mb.ca/laws/regs/current/_pdf-regs.php?reg=217/2006

Other relevant terms:

Balance of Probabilities: This means that the Complainant will not have to prove beyond a reasonable doubt that the harassment or discrimination took place, but rather that it is more likely than not to have happened.

Complainant: A target who has formally reported an incident of harassment or discrimination.

Procedural Fairness: The elements of the process used by a decision-making body authorized by policy to make a decision that affects an individual’s rights, privileges or interests. The core element of procedural fairness in this policy is that a person against whom allegations are made must be made aware of the allegations and evidence against them and must be given an adequate opportunity to respond prior to a decision being made.

Providence Community: Means all individuals who have a relationship with or to Providence University College or Providence Theological Seminary, including through the Providence Downtown campus and CODE. See Section 2.2 above for further detail.

Reasonable Person Test is a standard used to decide if an individual used due care in their words or actions. In other words, should that person reasonably have expected their actions or words would do harm to another.

Report: A formal report of complaint under this policy of an incident of harassment or discrimination made for the purpose of initiating some form of investigation or adjudication.

Reprisal: In the context of this policy, reprisal is an act of retaliation taken against a target, typically with the purpose of encouraging them not to report harassment and discrimination or to encourage them to withdraw a Report already made. Reprisal may take many forms including: implied or direct threats of harm to self or others; threats of future harassment; abuse of power or authority; and/or intimidation. Reprisal may come from the respondent or from any other party.

Retaliation: In the context of this policy, retaliation includes taking, attempting to take, or threatening to take any adverse action, reprisal or retribution of any kind against anyone involved in any process described in the Harassment and Discrimination Policy, including the target, anyone involved in an investigation or resolution of an allegation, and/or friends or families.

Retaliation can take many forms, including threats, intimidation, pressuring, harassment, continued abuse, violence or other forms or threats of harm to others, and be carried out in varying modes, including in person, via electronic communication or through third parties.

Retaliation can also include adverse employment or education actions taken or threatened against an individual because of participation in the reporting investigation and or resolution of an alleged violation of this Policy or any conduct that would discourage a person from participating.

Respondent: A person against whom an accusation of harassment or discrimination is made, once a formal proceeding has been commenced.

Target: A person who experienced alleged harassment or discrimination. Once a formal proceeding has commenced, the target is known as the complainant.

Trauma-Informed Approach: An approach to processes, procedures and service provision that incorporates and responds to the effects of trauma. A trauma-informed approach takes into account the potential effects of trauma on cognition, memory and behaviour and incorporates steps to address the needs created by trauma and to prevent retraumatization.