IFEX Anti-Harassment Policy

A.    PRINCIPLES

1. IFEX is committed to providing and maintaining a workplace which ensures that everyone who works at IFEX, including every Council member, staff person, consultant and volunteer within IFEX is treated with dignity and respect and is able to work in an environment free from harassment.
2. IFEX upholds, as a matter of normal business practice, the freedom from harassment provisions of applicable statutes across Canada, and of other jurisdictions in which it is present or carries on its activities (“applicable law”).

B.    PURPOSE

3. The purpose of this policy is to maintain a workplace environment that is free from harassment, and to establish and provide for the administration of a complaint process, including both informal and formal proceedings, which will operate as an alternative to (and not in place of) any other process available to any person under applicable law, to address any alleged harassment covered by this Policy.

C.    APPLICATION

4. This Policy applies to everyone who works at IFEX (that is to all Council members, employees, volunteers and consultants working for IFEX, including contract staff).
5. This Policy covers all forms of harassment prohibited by applicable law (including harassment based on race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sex, sexual orientation, age, record of offences, marital status, same sex-sex partnership status, family status, disability or any other prohibited ground of discriminations as may be recognized in applicable law). Anyone who works at IFEX who believes that he or she has been harassed in the workplace on any of these grounds may use the procedures in this Policy.
6. For the purposes of this Policy, the workplace includes any place where IFEX conducts its business or activities, or where IFEX functions occur (for example, at the office, in the course of work assignments outside the office, at work-related conferences or training sessions, during work-related travel, and at social functions supervised by IFEX).
7. This Policy does not restrict the authority of IFEX management in such areas as work assignments, employee relations, performance management, counselling and disciplinary actions.

D.   DEFINITION OF HARASSMENT

8. For the purpose of this Policy, harassment means offensive comment or conduct prohibited by applicable law, engaged in by someone who knows, or ought reasonably to know, that the comment or conduct is unwelcome, and includes psychological harassment.
9. Psychological harassment means vexatious behaviour, in the form of hostile or unwanted conduct, verbal comments, actions or gestures, that affects a person’s dignity or psychological or physical integrity and that results in a harmful work environment.

E.    EXAMPLES OF TYPES OF HARASSMENT

10. Harassment may occur as a result of one incident or a series of incidents. The behaviour does not have to be directed at a specific person for harassment to occur. Behaviour that tends to ridicule or disparage a group may give rise to a harmful work environment and thus to harassment.

Examples of sexual harassment or harassment based on sexual orientation may include, but are not limited to:

• remarks, jokes, or innuendos about sex or sexual orientation where the speaker has been advised, or should otherwise be aware, that such comments are offensive or demeaning or where they are by their nature offensive or demeaning;
• leering or other offensive or sexually suggestive or obscene gestures;
• derogatory or degrading remarks used to describe or which are directed toward members of one sex or sexual orientation;
• the display or distribution (either mechanically or through the use of electronic media and e-mails) of sexually explicit or otherwise offensive material;
• refusing to work with people, or to extend work opportunities or other benefits, because of their sex or sexual orientation;
• unwelcome advances, invitations or propositions of a sexual nature or repeated invitations after previous requests have been refused;
• persistent unwanted contact or attention after the end of a consensual relationship;
• any explicit or implicit advances, invitations or propositions of a sexual nature which might, on reasonable grounds, be perceived as placing a condition on a person’s employment, work assignment, compensation or benefits or on any opportunity for training, promotion or career development;
• unwarranted inquiries or comments about a person’s personal life;
• unwanted physical contact, including touching, patting, etc.;
• verbal abuse or threats of a sexual nature; or
• indecent exposure, stalking or sexual assault.

11. Examples of racial harassment or harassment based on religious belief may include, but are not limited to:

• comment or conduct which disparages or ridicules a person’s race, ethnic origin, colour, language or religion;
• insulting gestures or jokes which relate to race, ethnic origin, colour, language or religion;
• mimicking a person’s accent, speech or mannerisms;
• the display or distribution (including use of electronic media) of derogatory materials which relate to race, ethnic origin, colour, language or religion; or
• refusing to work with people, or to extend work opportunities or other benefits, because of their race, ethnic origin, colour, language or religious background.

12. Harassment on other grounds may follow similar patterns.

F.    NO RETALIATION FOR USING THIS POLICY

13. Any person to whom this Policy applies, acting in good faith, may make a complaint under this Policy without retaliation or threat of retaliation. No such person will be criticized or penalized in any way because he or she has, acting in good faith, brought a complaint relating to harassment to the attention of any other person who works at IFEX.
14. Retaliation against a person who makes a complaint or who enforces any right under this Policy or who takes part in an investigation under this Policy will be treated in the same manner as harassment. Retaliatory behaviour could include:

• unwarranted criticism of a person’s job performance;
• the unjustified reassignment of a person to a different practice group, department, job or set of responsibilities;
• the failure to extend to a person (or others of the same group, sex or race) opportunities available to others; or
• the refusal to work with a person or others of the same group, sex or race as the complainant.

15. Retaliatory behaviour does not include:

• good faith job performance assessment and counselling;
• normal work-related comments and instructions;
• discipline for just cause; or
• responding in good faith to a complaint made under this Policy.

G.   DELEGATED AUTHORITY, RIGHTS, ROLES AND RESPONSIBILITIES IN PREVENTING HARASSMENT

16. The complaint and resolution process under this Policy will be administered by the Personnel Committee. As such, the Personnel Committee will have overall authority and responsibility for the interpretation and implementation of this Policy, and will act as a central repository of information for all matters arising out of the implementation of this Policy.
17. The Council, the Executive Director, and other Supervisors, each have day-to-day responsibility to ensure that this policy is implemented and adhered to by all persons covered by it, including the responsibility to ensure that staff are adequately trained in this Policy and the procedures under it, and that the Policy is reviewed and continues to be relevant. In particular, they are responsible to:

a) foster a workplace environment that is free of harassment;

b) maintain a high standard of conduct in their dealings with everyone working and volunteering for IFEX;

c) take immediate action on any incident of harassment whether there is a complaint or not and whether it occurs in their work unit or not;

d) monitor the situation regularly to ensure that corrective action has been successful;

e) take steps to restore the workplace environment to a healthy state after a harassment case has been resolved; and

f) provide training sessions, advice and information on harassment as required, and ensure that everyone is informed of their responsibilities and rights under this policy.

18. It is the responsibility of everyone to whom this Policy applies to:

a) ensure their own behaviour supports a harassment free workplace environment;

b) contribute to the creation and maintenance of a positive workplace environment;

c) make every effort to resolve any conflicts in which they are involved as soon as they arise and before they escalate;

d) advise an Advisor designated under Section 22, below, or any member of the Personnel Committee of any known harassment incident or allegation;

e) respect the confidentiality of complainants and respondents by avoiding any informal discussion of harassment complaints of which they have knowledge; and

f) co-operate with the conduct of harassment investigations.

19. Positive workplace relationships are best maintained and repaired by early resolution. Everyone should make an effort to resolve conflicts between themselves. Situations resolved informally between the parties directly involved often have the most positive outcomes. Here are some steps to take:

a) If you are in a leadership role within IFEX, and you notice a problem or hear of one, you must deal with it without delay. Unresolved situations tend to deteriorate rather than disappear. You can consider speaking to the parties, as appropriate, helping them to resolve the issue and/or you can call upon the Executive Director for assistance.

b) If you are told that your behaviour is offensive you should stop the behaviour. While this may mean a change in personal style, a good work environment requires the accommodation of everyone. A sincere apology can go a long way to clearing up misunderstandings and disagreements and opening the lines of communication.

c) When the behaviour of a colleague, supervisor, or volunteer makes you uncomfortable, you should consider talking to the individual in question, explaining that the behaviour is causing discomfort and why. If approaching the person directly seems too difficult, or if previous efforts of this sort have failed, you should approach someone you feel comfortable talking to. While a colleague may be a sympathetic listener, he or she may not be in a position to help resolve the situation. Everyone is encouraged to take action that will fix the problem. If someone approaches you about such a situation, encourage them to speak to their Supervisor and/or the Executive Director.

20. Dealing with conflict appropriately and preventing harassment is better than trying to repair the damage harassment causes. Many may suffer if it is not stopped. Everyone can contribute to an atmosphere of mutual trust, support and respect.
21. Supervisors will explain policies and procedures to new staff, students, trainees and volunteers as part of their orientation to IFEX. This policy included in the personnel policy and in all orientation material. The Executive Director will ensure inclusion of discussion of the policy and procedures in ongoing staff training and orientation sessions.

H.   ADMINISTRATION OF THE COMPLAINTS AND RESOLUTION PROCESS

22. The Personnel Committee will designate at least one full-time employee as an advisor (the “Advisors”), who will be available to help everyone who works at IFEX understand the options available to them under this Policy, identify appropriate counselling or support services, and facilitate and assist in the informal resolution of complaints under this Policy.
23. The Personnel Committee is responsible for initiating and participating in the investigation of formal written complaints. The Committee’s authority will include the right to initiate an investigation or take other action in circumstances where the Committee believes such investigation or other action would be appropriate in the interest of ensuring that IFEX is free from harassment. For example, an investigation might be appropriate where the Committee becomes aware of a serious allegation or incident or where an Advisor has been approached by a person who does not wish to make a complaint but who describes a serious allegation or incident (for example, where there are previous complaints or incidents involving the person complained of or in cases involving allegations of inappropriate physical contact).
24. Any person who believes that he or she has been harassed by anyone who works at IFEX may pursue the following formal or informal options to resolve their complaint.
25. In the process of administering this Policy, both the complainant and the respondent can depend on the following rights:

a) to be accompanied or represented by a person of his/her choice;

b) to pursue other options of dealing with complaint if dissatisfied with agency procedures. (e.g., to the Human Rights Commission, Police, etc.)

c) to be kept informed throughout the process;

d) to be protected against intimidation, threat, discipline, dismissal, etc. as a result of lodging or being subject to a complaint (apart from any actions that may be determined at the conclusion of the process in accordance with this Policy);

e) to withdraw from participation in the complaint process at any stage.

I.      INFORMAL RESOLUTION OPTION

26. In many situations, simply informing the person that his or her behaviour is unwelcome will resolve the issue. Telling the person to stop may be difficult to do, but frequently it is the most effective means of eliminating the problem. If it is too difficult to speak to the person directly or the behaviour persists the matter should be discussed with an Advisor. When requested by a complainant, an Advisor is authorized by this Policy to, and will:

a) assist in the resolution of the matter, and for that purpose may:

• address the matter informally with the person whose conduct is in issue, or accompany the person who believes that he or she has been harassed in doing so;
• in consultation with a member of the Personnel Committee, attempt mediation to resolve the matter; or
• in particularly serious circumstances, request that the Personnel Committee initiate a formal investigation of the matter.

b) keep the person who believes that he or she has been harassed apprised of the steps the Advisor is taking to address the matter, including any proposed resolution initiatives;

c) review any proposed resolution with the Personnel Committee;

d) forward the Advisor’s confidential file to the Committee once the matter has been resolved; and

e) complete these actions as soon as possible (normally within 14 days, unless a longer period is appropriate in the circumstances).

J.     FORMAL COMPLAINT OPTION

27. A formal written complaint may be made to the Personnel Committee at any time (whether or not the matter has been discussed with an Advisor, the Advisor agrees that there is evidence of harassment, or informal steps to resolve the matter have been proposed or are satisfactory of the person who believes that he or she has been harassed). If requested, an Advisor will assist in drafting the formal written complaint. The formal written complaint may be delivered to any member of the Personnel Committee.
28. Upon receipt of a formal written complaint, the Personnel Committee will determine whether the behaviour complained of falls within the scope of this Policy and, if the Committee determines that it does not, the Committee will advise the complainant accordingly and will take no further steps under this Policy. If the Committee determines that the complaint falls within the scope of this Policy, the Committee will initiate an investigation of the complaint.
29. A formal written complaint will ordinarily only be accepted by the Personnel Committee if it includes detailed dates, time, places, and circumstances, is signed by the complainant, and the behaviour upon which the complaint is based occurred within six months prior to making the complaint (or, if such behaviour occurred over a period of time, the last time such behaviour occurred was within six months prior to making the complaint), unless the Committee, in its discretion, determines there are extenuating circumstances for the time delay or the Committee believes that pursuing an investigation is in the interest of ensuring that the firm is free from harassment.
30. If the complaint involves a member of the Personnel Committee or a member of Council, such person will not be involved in any determination or investigation in respect of such complaint and the procedures set out in this Policy will be modified accordingly.

K.    INVESTIGATION OF FORMAL WRITTEN COMPLAINTS

31. An investigation of a complaint will ordinarily be conducted by an investigative team consisting of two members of the Personnel Committee. The investigative team will be designated by the Chair with due regard being given to the nature of, and parties to, the complaint, and may include the Chair. In extraordinary circumstances, the Chair, in consultation with the Council, may designate a person external to IFEX to conduct the investigation or be retained as the second member of the investigative team. If the complaint is against the Chair of the Personnel Committee, the Convenor will designate the members of the investigative team. In any event, the conduct of the investigation will proceed as follows:

a) the investigation will be completed and the appropriate resolution decided upon as soon as possible (normally within 30 days after a formal written complaint is made, unless a longer period is appropriate in the circumstances in which case the complainant will be notified of the proposed time frame);

b) at any stage, the complainant has the right to withdraw from any further action in connection with a complaint or the Personnel Committee may attempt mediation in order to achieve a resolution satisfactory to the complainant, the person against whom the complaint is made (the “respondent”) and the Committee; however, the Committee will remain obligated to pursue the matter if the Committee believes that continued investigation is appropriate in the interest of ensuring that IFEX is free from harassment (for example, if there are concerns that the withdrawal of the complaint occurred as a result of possible retaliatory behaviour by the respondent or others, or in cases where there are previous complaints or incidents involving the respondent);

c) in the course of the investigation of a complaint, the investigative team will:

• notify the Executive Director of the initiation of an investigation, except where the Executive Director is the complainant or Respondent, in which case notification shall be given to the Convenor;
• interview the complainant regarding the complaint;
• give a copy of the complaint to the respondent or advise the respondent in writing of the allegations;
• provide the respondent with an opportunity to respond to the complaint orally or in writing and give a copy of any written response or a written summary of the oral response to the complainant;
• investigate the complaint by speaking to the complainant, respondent and other individuals where appropriate;
• provide the complainant and respondent with a written summary of their preliminary factual findings with a request for any further comments;
• notify the complainant, the respondent and the Executive Director (or Convenor) of the investigative findings; and
• when the investigation is complete, lodge a confidential record of the investigative proceedings in a restricted folder on the IFEX server;
• documentation related to existing or previous complaint investigations will be made available to the investigative team in the event that a new complaint is made and an investigation is launched.

L.     ACTION ARISING OUT OF SUBSTANTIATED COMPLAINTS

32. If the investigative findings substantiate the complaint, the Chair may make recommendations to the Council regarding appropriate action arising out of such findings, and provide a copy to the complainant and the respondent.
33. Appropriate action arising out of the informal resolution process or resulting from a formal written complaint and subsequent investigation may include one or more of the following by or in respect of the person found to have engaged in harassment

• formal apology to the complainant;
• written reprimand (and placed in that person’s personnel file);
• counselling or attendance at educational seminars on harassment;
• change of work assignment;
• withholding of promotion;
• financial penalty (including a requirement to reimburse IFEX for costs relating to the complaint or an adverse effect on compensation); or
• suspension or discharge.

34. At any time after receiving the recommendations of the Chair of the Personnel Committee, and before action is taken on those recommendations, a respondent may appeal, only to the sanctions proposed and not to the determination made that harassment has taken place, to the Executive Committee, which shall consider the appeal in accordance with Section 18 of the Personnel Policy (Issue Resolution Process).
35. Following receipt of the recommendations of the Chair or the Executive Committee, following any appeal, the Council will (i) initiate appropriate action arising out of such findings, (ii) give a written summary of such action to both the complainant and the respondent, and (iii) lodge a confidential record of such action with the Chair.

M.   HARASSMENT BY SOMEONE WHO DOES NOT WORK AT IFEX

36. Anyone who works at IFEX who believes that he or she has been harassed by a person external to IFEX in the course of business-related interaction with that person should bring his or her concerns to the attention of an Advisor, a member of the Personnel Committee, or a member of the Council or the Executive Director. The Chair of the Personnel Committee shall designate a member of that Committee, and one or more Supervisors to be responsible for investigating the matter and recommending action arising out of the investigation.

N.   CONFIDENTIALITY

37. It is essential that the complainant, respondent and all of those involved in an informal resolution process or the investigation of a formal written complaint under this Policy maintain confidentiality in respect of such process or investigation, except to the extent disclosure is required by law or is necessary or appropriate for the proper conduct of such process or investigation or any action arising out of such process or investigation (which may include disclosure to one or more Supervisors). Any unauthorized breach of confidentiality will be treated very seriously.

O.   POSTING AND REPORTING REQUIREMENTS

38. The names of the members of the Personnel Committee (*see below) and the policy will be available on operational platforms.
39. The Chair will report in writing every two years to the Council citing the number of cases, if any, considered by the Personnel Committee and the Advisors and describing the resolution of those cases.