Originator: Chief Human Resource Officer
Approver: Senior Leadership Team
Effective: April 19, 2021
Replaces: H1 – Discrimination and Harassment
Members of the College Community are entitled to work and learn free from Bullying, Discrimination, Harassment, and associated violence.
The College has the right as well as the legal and moral responsibility to ensure that all its members are treated fairly, equitably, and respectfully, and will take all reasonable precautions to prevent Bullying, Discrimination and Harassment in the Working and Learning Environment. Any concerns or complaints about such incidents will be taken seriously and handled in a confidential, impartial and unbiased manner, in accordance with this Policy and any accompanying Procedures Guides.
The College acknowledges that online and/or off campus conduct that occurs between members of the College Community and that violates this Policy can have a significant adverse impact on the College Community by compromising the ability of students, staff and faculty to feel safe in their Workplace or Learning Environment. This Policy outlines the College’s position related to acceptable and unacceptable behaviour with respect to Bullying, Discrimination and Harassment as well as the responsibilities of the College, and individuals including students and employees.
Note: This Policy is not intended to be used in situations where behaviours are considered of a violent nature as defined by Policy E13 – Violence Prevention. In such situations, Policy E-13 will apply. The College’s Policy G5 – Sexual Violence specifically addresses incidents of sexual violence.
The College is committed to:
“Workplace and Learning Environment” includes any physical or electronic environment where Red River College Polytechnic conducts business or where a College Matter takes place, whether during regular working hours or off hours.
“Respectful Workplace and Learning Environment” (“RWLE”) is an environment that values diversity and inclusion, dignity of the person, courteous conduct, mutual respect, fairness and equality, positive communication between people and collaborative working relationships.
“College Matter” includes any activity, event, or undertaking in which a member of the College Community participates, which has a substantial connection to the College, such as:
For greater certainty, members of the College Community, including employees and students, can still be considered to be engaged in a College Matter even when they are not physically present on campus. This can include:
“College Community” includes:
“Discrimination” means intentional or unintentional differential treatment of an individual or group of individuals that has a negative impact such as by imposing burdens, obligations or disadvantages for which there is no bona fide or reasonable justification, based on:
“Harassment” is the term used to collectively describe the following three types of harassment:
Note: Sexual Violence is a form of sexual harassment that is specifically governed by College Policy G5 – Sexual Violence. Whenever a complaint of Bullying, Harassment or Discrimination includes an allegation of Sexual Violence, the Procedures established under Policy G5 – Sexual Violence will be followed. No complaint is invalidated merely because it should have been made under a different Policy and each complaint will be processed in accordance with the appropriate Procedures as outlined in the associated Respectful Workplace and Learning Environment Procedures Guide (“RWLE Procedures Guide”).
“Bullying” is frequent or persistent negative actions or comments directed towards an individual or group of individuals that are inappropriate, demeaning or otherwise offensive and that reasonably creates an uncomfortable, hostile, or intimidating workplace or learning environment. Bullying can include but is not limited to: repeated refusal to speak to someone, frequent and inappropriate avoidance of someone, persistent exclusion from workplace informational discussions or College social events, deliberately insensitive comments, deliberately and repeatedly setting tasks unreasonably below or beyond a person’s job duties and skill level, spreading rumours or malicious gossip, belittling comments or behaviours, acts of lateral violence (i.e. bullying behaviours as a result of intergenerational trauma and/or historical colonization), yelling, screaming, swearing at another individual, rude and inappropriate gestures, slamming doors, throwing objects, verbal threats, physical intimidation, unwanted physical contact, or violent behaviour.
In a positive workplace or academic culture, differing viewpoints contribute to healthy debate about issues if offered in a respectful and appropriate way. Innovative ideas, discussions, solutions and workplace improvements are often the result. However, disagreement that escalates into unmanaged conflict may become Bullying. Bullying, which continues or increases in severity and frequency, may become Harassment.
Conduct may be found to be Bullying, Discrimination or Harassment or a combination of the three, depending on the circumstances of the particular incident(s).
Note: Some forms of Bullying, such as threatening statements or behaviour, may amount to a breach of College Policy E13 – Violence Prevention.
Notwithstanding the foregoing, the following do not constitute Bullying, Discrimination or Harassment:
The College is responsible for creating and maintaining a Respectful Workplace and Learning Environment, free from Bullying, Discrimination and Harassment.
It is recognized that creating and maintaining a Workplace and Learning Environment free from Bullying, Discrimination and Harassment is a shared responsibility. Accordingly, all members of the College Community will:
Any Individual who believes they have been subjected to Bullying, Discrimination or Harassment in relation to any College Matter is strongly encouraged to raise these issues in a timely way and in accordance with the RWLE Procedures Guide.
Managers have an important role to play in addressing Bullying, Discrimination and Harassment. Managers will:
In many cases, managers will be deemed to be the Appropriate Administrator responsible for addressing concerns and complaints in accordance with the RWLE Procedures Guide. As such, managers should know the key aspects of the Procedures Guide and review the Procedures Guide as issues arise.
The College will:
The College will hold members of the College Community accountable for violations of this Policy. Employees that breach the Policy will be subject to appropriate corrective action, including discipline up to and including dismissal. Other individuals that breach the Policy will be subject to appropriate corrective action.
This Policy applies to all members of the College Community in any physical or electronic environment where Red River College Polytechnic conducts business or where any College Matter takes place, regardless of whether or not the incident occurs during regular working hours.
This Policy is not intended to discourage or prevent an individual from exercising any legal right, including filing a complaint with the Manitoba Human Rights Commission or contacting the police.
The Director, Human Resources Services, or their designate, shall develop, maintain and update procedures directing members of the College Community on how to report and address Bullying, Discrimination or Harassment.
The RWLE Procedures Guide includes information on how to file a complaint under this Policy.
Incidents involving Bullying, Discrimination and Harassment should be addressed as soon as possible. Formal complaints alleging Discrimination or Harassment should be filed within 12 months of the alleged incident. An extension of this timeframe may be granted where there are extenuating circumstances.
The resolution of a complaint may be accomplished through informal or formal means. Further details of the possible resolution options are set out in the RWLE Procedures Guide.
Breach of the Policy will result in appropriate corrective action being taken as soon as is practicable.
Corrective action may include, but is not limited to:
Breach of this Policy by a College student may include suspension or expulsion from specific classes or from the College in accordance with Policy S2 – Student Discipline.
Breach of this Policy by a College employee may result in discipline up to and including dismissal.
Every member of the College Community has the right to bring forward a concern or complaint under the Policy. Interference with this right or with an investigation or retaliation against a Complainant, Respondent, witness or any other person involved will not be tolerated and may, by itself, result in disciplinary action. Interference or retaliation may take the form of direct contact between the parties or more subtle actions. Retaliation involves not only penalizing someone; it can also be the withholding of a benefit.