1.0 Reason for Policy

1.1 To support a climate of respect in the workplace and in the learning environment where individuals or groups of individuals are free from harassment and discrimination.

1.2 The issue of workplace safety and health with respect to a workplace harassment prevention policy is governed by provincial legislation and more specifically Manitoba Workplace Safety and Health Regulation #217. This Regulation identifies certain responsibilities for employers and employees in this regard. A policy on workplace harassment is required.

2.0 Policy Statement

2.1 The University of Manitoba supports equity, diversity and the dignity of all people. The University promotes equity in our learning programs and employment and in the conduct of the University’s affairs.

2.2 The University recognizes the following:

(a) a richly diverse society in Manitoba, as well as beyond;
(b) a duty to act in a manner consistent with existing legislation regarding human rights;
(c) a commitment to academic freedom and freedom of thought, inquiry, and expression among its members which may result in respectful disagreements regarding beliefs or principles.

2.3 Each individual has the right to participate, learn, and work in an environment that promotes equal opportunities and prohibits discriminatory practices.

2.4 The University of Manitoba does not condone behaviour that is likely to undermine the dignity, self-esteem or productivity of any of its members and prohibits any form of discrimination or harassment whether it occurs on University property or in conjunction with University-related activities. Therefore, the University of Manitoba is committed to an inclusive and respectful work and learning environment, free from:

(a) discrimination or harassment as prohibited in the Manitoba Human Rights Code;

(b) sexual harassment; and

(c) personal harassment

2.5 These types of discrimination or harassment are defined in the Procedures document which relates to this Policy.

2.6 The University of Manitoba and all members of the University community, particularly those in leadership roles, share the responsibility of establishing and maintaining a climate of respect within this community and to address any situations in which respect is lacking.

2.7 Harassment and discrimination violate an individual’s human rights and run contrary to the University's fundamental values. The University of Manitoba will act promptly and efficiently to deal with these behaviours. It will endeavour to ensure that individuals who believe that they have been subjected to harassment or discrimination are able to express concerns and register complaints without fear of retaliation or reprisal. The University will exercise care to protect and respect the rights of both the complainant and the respondent.

2.8 The University of Manitoba will establish mechanisms to give effect to this Policy including:

(a) the appointment of an equity services advisor whose duties shall include the investigation of informal complaints and the provision of advice and assistance to staff members, students and administrative officers in connection with concerns and complaints;

(b) the appointment of one or more investigation officer(s) whose duties shall include the investigation of formal complaints and the provision of advice and assistance to staff members, students and administrative officers in connection with concerns and complaints;

(c) training for staff related to harassment and discrimination;

(d) the University of Manitoba will establish and implement educational programs designed to enhance awareness of the Respectful Work and Learning Environment Policy and procedures relating to it.

2.9 Each year a report will be prepared by Equity Services and made available to the University community concerning the number, type and disposition of cases and on educational and other activities related to the Policy.

2.10 While the University of Manitoba supports the informal resolution of problems associated with such behaviour, it considers harassment and discrimination in all its forms to be serious offences. Normally the President shall delegate authority to the Vice-President (Administration) to take disciplinary action, where appropriate, against individuals who have violated this Policy.

2.11 Discipline may range from a reprimand to dismissal or expulsion. Where Collective Agreement provisions require that the President obtain the approval of the Board of Governors for a suspension or dismissal, the finding of the Vice-President (Administration) shall be referred to the President in the form of a recommendation for action.

2.12 The Workplace Safety and Health Regulation #217 requires that every harassment prevention policy contain the following statements:

(a) every employee is entitled to work free of harassment;

(b) the employer must ensure, so far as it is reasonably practicable, that no worker is subject to harassment in the workplace;

(c) the employer will take corrective action respecting any person under the employer's direction who subjects a worker to harassment;

(d) the employer will not disclose the name of the complainant or an alleged harasser or the circumstances related to the complainant to any person except where disclosure is

i) necessary to investigate the complaint or take corrective action with respect to the complaint; or
ii) required by law;

e) a worker has the right to file a complaint with the Manitoba Human Rights Commission;

f) the employer's harassment prevention policy is not intended to discourage or prevent the complainant from exercising any other legal rights pursuant to any other law.

2.13 Workplace Safety and Health Regulation #217 defines "harassment" as "any objectionable conduct, comment or display by a person that

a) is directed at a worker in a workplace;

b) is made on the basis of race, creed, religion, colour, sex, sexual orientation, gender-determined characteristics, political belief, political association or political activity, marital status, family status, source of income, disability, physical size or weight, age, nationality, ancestry or place of origin, and

c) creates a risk to the health of the worker".

3.0 Accountability

3.1 The University Secretary is responsible for advising the President that a formal review of this Policy is required.

3.2 The Executive Director of Human Resources is responsible for the communication, administration and interpretation of this policy.

4.0 Secondary Documents

4.1 The President, in consultation with the Vice-President (Administration) may approve Procedures which are secondary to and comply with this Policy.

5.0 Review

5.1 As required by provincial legislation this Policy shall be reviewed every three (3) years. The next scheduled review date for this Policy is January 27, 2012.

5.2 In the interim, this Policy may be revised or rescinded if the Board of Governors deems necessary.

5.3 If this Policy is revised or rescinded, all Secondary Documents will be reviewed as soon as reasonably possible in order to ensure that they:

(a) comply with the revised Policy; or

(b) are in turn rescinded.

6.0 Effect on Previous Statements

6.1 This Policy supersedes:

(a) all previous Board/Senate Policies and resolutions on the subject matter herein;

(b) all previous Administrative Policies and directives on the subject matter contained herein; and

(c) Respectful Work and Learning Environment Policy (dated June 22, 2004).

7.0 Cross References

(1) Procedures: Respectful Work and Learning Environment
(2) Bylaw: Student Discipline
(3) Policy: Violent or Threatening Behavior
(4) Procedure: Violent or Threatening Behaviour