Harassment and Discrimination

1. Introduction and Purpose

Loyalist College is committed to providing a working and learning environment that is free of discrimination and harassment in which all individuals are treated with respect and dignity. Harassment and discrimination will not be tolerated, condoned, or ignored at Loyalist College.

The college is committed to preventing and correcting conduct that would result in harassment or discrimination. The college will enforce the rights and responsibilities of the Ontario Human Rights Code (the “Code”), the workplace harassment provisions of the Occupational Health & Safety Act (OHSA), and the obligations within both the Minister’s Directive on Anti-Racism/Anti-Hate and Strengthening Accountability and Student Supports Act, in conjunction with the applicable collective agreement provisions and relevant college policies.

The purpose of this policy is to communicate Loyalist College community members’ rights, responsibilities, and conduct expectations. The associated procedures set out the steps to report and respond to allegations of discrimination and harassment.

2. Application

This policy applies to all members of the college community including employees, students, contractors, volunteers, and visitors (including guest speakers).  

All college-sanctioned activities and functions are covered by this policy. This policy extends beyond the physical boundaries of Loyalist College, including but not limited to placements, college-owned and operated student residences, field trips, work-related travel, and social events, regardless of whether they take place on or off college premises. It applies to virtual harassment by individuals who communicate harm indirectly or directly by means of computers, mobile phones, and other electronic devices. It may also apply if harassment and discrimination occur outside Loyalist College but have a direct link to, or an adverse effect on, college community members’ relationships or experiences at the college.

Sexual violence, sexual harassment and virtual sexual harassment, as they apply to all members of the college community, are covered under ADMIN 125 Responding to Sexual Assault and Sexualized Violence.

This policy and the associated procedures do not intend to prevent an individual from accessing or utilizing alternate procedures, such as those found in a collective agreement or an external legal proceeding. The processes for addressing discrimination and harassment outlined within the Academic Employees Collective Bargaining Agreement, the Support Staff Collective Agreement, or the Terms and Conditions for Administrative Staff cannot be overridden. In such cases, a complaint under this policy may be suspended until another procedure has been completed, or it may be dismissed altogether.

3. Definitions

Ableism: A belief system, analogous to racism, sexism or ageism, that sees persons with disabilities as being less worthy of respect and consideration, less able to contribute and participate, or of less inherent value than others.

Anti-Black Racism: Anti-Black racism is prejudice, attitudes, beliefs, stereotyping, and discrimination that is directed at people of African descent and is rooted in their unique history and experience of enslavement.

Anti-Indigenous Racism: The ongoing race-based discrimination, negative stereotyping, and injustice experienced by Indigenous Peoples, rooted in colonialism.

Antisemitism: Antisemitism is latent or overt hostility, or hatred directed towards, or discrimination against, individual Jewish people or the Jewish people for reasons connected to their religion, ethnicity, and their cultural, historical, intellectual, and religious heritage.

College Location: All Loyalist College owned or leased grounds, buildings, instructional spaces, and student residences. For the purposes of this policy, the term college location includes any electronic and online work and learning spaces associated with the college.

Colonialism: Colonialism is the historical practice of European expansion into territories already inhabited by Indigenous peoples for the purposes of acquiring new lands and resources. This expansion is rooted in the violent suppression of Indigenous peoples’ governance, legal, social and cultural structures.

Competing rights: Competing human rights involve situations that lead parties to a dispute claim that the enjoyment of an individual or group’s human rights and freedoms, as protected by law, would interfere with another’s rights and freedoms.

Complainant: The individual that files a formal complaint under this policy.

Disability: Disability covers a broad range and degree of conditions, some visible and others not. A disability may be present from birth, caused by an accident or developed over time. It may include physical, mental and learning disabilities, mental disorders, hearing or vision disabilities, epilepsy, drug and alcohol dependencies, environmental sensitivities, as well as other conditions. Under the Ontario Human Rights Code, protection from discrimination or harassment includes past, present and perceived conditions involving disabilities.

Discrimination: Any form of unequal treatment, whether intentional or not, that is based on the prohibited grounds under the Ontario Human Rights Code. Discrimination includes not individually assessing the unique merits, capacities and circumstances of a person, but instead making stereotypical assumptions based on a person’s presumed traits, and having the impact of excluding persons, denying benefits or imposing burdens.

Gender Expression: Gender expression is how a person publicly presents their gender. This can include behaviour and outward appearance such as dress, hair, make-up, body language and voice. A person’s chosen name and pronoun are also common ways of expressing gender.

Gender Identity: Each person’s internal and individual experience of gender. A person’s gender identity may be the same as or different from their birth-assigned sex. Gender identity is fundamentally different from a person’s sexual orientation.

Harassment: Engaging in a course of vexatious comment or conduct that is known or ought reasonably to be known to be unwelcome. It includes bullying, virtual harassment, or personal harassment that is known or ought reasonably to be known to be unwelcome and which could reasonably be regarded as intending to intimidate, offend, degrade, or humiliate an individual and results in a harmful work or learning environment.

Homophobia: Homophobia is often defined as the irrational aversion to, or fear or hatred of gay, lesbian, or bisexual people and communities, or to behaviours stereotyped as “homosexual.” It is commonly used to signify a hostile psychological state in the context of overt discrimination, harassment or violence against gay, lesbian, or bisexual people.

Intention to Discriminate/Hate Literature: Any notice, sign, symbol, emblem, or other representation that expresses or implies discrimination or an intention to discriminate (inciting hatred) against any identifiable group. The Ontario Human Rights Code specifically prohibits the expressed intent to discriminate or infringe rights, or intent to incite others to discriminate or infringe rights, under the Code.

Intersectionality:  Intersectionality is the way in which people’s lives are shaped by their multiple and overlapping identities and social locations, which, together, can produce a unique and distinct experience for that individual or group, for example, creating additional barriers, opportunities, and/or power imbalances.

Islamophobia: Islamophobia includes racism, stereotypes, prejudice, fear, or acts of hostility directed towards individual Muslims or followers of Islam in general. In addition to individual acts of intolerance and racial profiling, Islamophobia can lead to viewing and treating Muslims as a greater security threat on an institutional, systemic, and societal level.

Microaggression: Microaggressions as indirect, subtle, or unintentional actions or words that discriminate against a marginalized group. Microaggressions can be based on stereotypes and biases and can be difficult to identify. 

Protected Grounds: The Code prohibits actions that discriminate against people based on a protected ground: age, ancestry, colour, race, citizenship, ethnic origin, place of origin, creed, disability, family status, marital status (including single status), gender identity, gender expression, receipt of public assistance (in housing only), record of offences (in employment only), sex (including pregnancy and breastfeeding), sexual orientation.

Racism: Racism refers to ideas or practices that establish, maintain or perpetuate the racial superiority or dominance of one group over another.

Reprisal: A reprisal is an action, or threat, that is intended as retaliation for claiming or enforcing a right under the Code.

Respondent: The individual against whom allegations have been made that could constitute a violation of this policy.

Sexism: Sexism is discrimination or prejudice based on sex or gender.

Support Person: A support person is an individual that accompanies a complainant, respondent, or witness to investigation meetings. Their purpose is to provide emotional support.

Workplace Harassment: Workplace harassment is defined in the OHSA as 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 and includes workplace sexual harassment. 

4. Policy

The college is committed to fostering an environment that is respectful of every individual and one that is free from discrimination and harassment in accordance with the Ontario Human Rights Code. The college does not tolerate bullying, discrimination, harassment, targeting, microaggressions, hate, or other disrespectful conduct.

Loyalist College recognizes its responsibility to ensure that every member of its community is protected from discrimination and harassment and behaviours that contribute to a poisoned environment. If there is an alleged instance of discrimination or harassment, every effort will be made to work with the individuals involved to find a fair, timely, and effective resolution of the matter. This may include preventative action, including informing, educating, and good management.

The college acknowledges the complexity and intersectionality of individual identities of its diverse community members and is committed to acknowledging and respecting cultural sensitivities. The college will ensure a proactive course of action and a prompt process to address actions of racism and hate, including ableism, anti-Indigenous racism, anti-Black racism, antisemitism, homophobia, Islamophobia, racial/cultural/ethnic harassment, sexism, transphobia, and other forms of discrimination connected to the prohibited grounds under the Code.

All college community members are responsible for creating and maintaining a work and learning environment free from discrimination and harassment and that is supportive of the dignity, self-esteem, and fair treatment of everyone taking part in its activities. This means not engaging in, allowing, condoning, or ignoring behaviour that is contrary to this policy.

4.1 Prevention and Education

Loyalist College is committed to a comprehensive strategy to address harassment and discrimination, including:  

• providing training and education to make sure everyone knows their rights and responsibilities.  
• providing an effective and fair complaints procedure. 
• the promotion of appropriate standards of conduct.  
• preventing and removing barriers to inclusion on any protected ground under the Code.
• providing accommodation for needs relating to protected grounds unless to do so would cause undue hardship as defined by the Code.

In further prevention efforts, consultation and engagement are integrated into the development and evaluation of anti-hate policies, procedures, and reporting. This may take the form of:

• representation from student associations and employee resource groups representing marginalized communities; and
• annual feedback sessions to evaluate the effectiveness of implemented changes.

4.2 Intention to Discriminate

It is a violation of this policy to publish, display, send (by any medium), or distribute hate literature or content with the intent to incite others to discriminate or incite hate toward any group at Loyalist College.

Communicating statements, other than in private conversation, which wilfully promote hatred against any identifiable group is an offense under the Criminal Code and will not be tolerated and addressed through disciplinary measures.

This includes statements announced or communicated by any gathering, event, or poster advertised at or on a college location. Any gathering, event, or poster must also ensure that it does not contain or uphold:

• the commemoration of current or historic persons known for their discriminatory views and actions, including committing or perpetuating acts of racism against people protected under grounds in the Ontario Human Rights Code.
• the use of derogatory terms and images that might represent or be linked with discriminatory views and actions.
• the use of names, words, and images that might negatively represent or appropriate the culture of a group protected by the grounds of the Ontario Human Rights Code.

4.3 Freedom of Speech

Loyalist College recognizes the intersection between anti-racism and anti-hate efforts and the principles of freedom of expression. However, freedom of expression must not serve as a shield for the expression of hate speech or a justification for discriminatory behaviour. Every college community member is required to ensure that within the pursuit of academic excellence and the communication of academic concepts is respect for the rights and freedoms of others, including the right to freedom from discrimination and harassment, as set out within the college’s Policy Statement on Upholding Free Speech.

5. Reporting Instances of Harassment and Discrimination

5.1 Obligation to Report

Any college community member who feels that their rights under this policy have been violated, has witnessed harassment or discrimination of a college community member, or reasonably suspects that a college community member is being harassed or discriminated against contrary to this policy, is expected to report the incident or make a complaint under the policy. Any manager or supervisor who is made aware of an incident of harassment or discrimination is required to report under the OHSA.

5.2 Individual Rights in Filing Complaints

Every individual retains their right to pursue other applicable legal avenues, such as through a collective agreement or the justice system, even when steps are being undertaken by the college. The college procedures may continue at the same time a person is exercising their rights outside of this policy.

This policy does not affect the right of any person to exercise their rights under municipal, provincial, or federal law, within the time limits specified by the applicable legislation.

If the complaint involves workplace violence or harassment and an employee feels that the college is not complying with their requirements under the Occupational Health and Safety Act, employees can contact the Ministry of Labour, Training and Skills to file a complaint.

Any complaint that is not addressed through institutional processes can be referred to the Ontario Ombudsman.

Unionized employees also have the right to file a grievance and the right to union representation at all stages of the process.

5.3 Anonymous Complaints

Loyalist College will consider and review anonymous complaints, although they may provide barriers to investigation processes and resolutions. The college may undertake an investigation in the absence of an individual complainant and such investigations may look different than those outlined within the procedures associated with this policy.

Anonymous complaints are also included within the review process described within the Review and Reporting section of this policy for compiling formal annual reporting, improvements to college operations and services, and future policy and procedure revisions as part of the college’s commitment to ensuring an environment free from harassment and discrimination.

5.4 Time Limitations

Individuals are encouraged to report a complaint at their earliest opportunity but must do so within one year of the date on which the incident of discrimination and/or harassment is alleged to have occurred. Ifthe complaint includes a series of incidents, it must be reported within one year of the date of the last event.

If the complaint falls outside the one-year timeframe, unionized employees still have the right to pursue the complaint under their collective agreements, which do not have a one-year limitation.

Ifthere are compelling reasons and/or extenuating circumstances, or in instances of an engagement of this policy and ADMIN 125 Responding to Sexual Assault and Sexualized Violence and the allegations cannot be separatedfrom one another, complaints may be pursued outside of this timeframe.

5.5 Confidentiality

The college has a responsibility and obligation to ensure that any private and personal information provided in a disclosure, report, and/or investigation of harassment and discrimination is collected, used, maintained, and secured appropriately. The college will make every effort to maintain the confidentiality of all persons involved in disclosing or reporting an incident of harassment and discrimination, including witnesses. All persons involved in the disclosure, reporting, assessment, and/or investigation of an incident are required to keep this information confidential.

Limits to Confidentiality

The college will restrict access to all information provided in the disclosure and processes related to a report and investigation of an incident of harassment and discrimination to individuals with a legitimate need for such access. The college will provide education and training to those who are regularly involved in receiving disclosures and the administration of reports.

However, confidentiality cannot be assured in circumstances where:

• an individual is at imminent risk of self-harm.
• an individual is at imminent risk of harming another.
• there is a concern about the safety or welfare of a child or vulnerable person.
• there are reasonable grounds to believe that others in the college or wider community may be at risk of harm.
• disclosure is required to comply with a specific legal obligation to make a report to a third party, or otherwise required by law.

Community members should be made aware that there are other instances where information may be shared among staff and faculty in the college to facilitate requests for accommodations, support, and/or complaints. In cases where information has been shared among staff and faculty in the college, the party will be kept informed about the college offices notified and the information provided.

6. Investigation and Resolution of a Complaint

6.1 Complaint Investigation

Every individual has the right to file a complaint of harassment or discrimination, participate or cooperate in an investigation, provide information relevant to the complaint, or act in any role under this policy without fear of retaliation or reprisal. The rights of both complainants and respondents will be safeguarded to the greatest extent possible with respect to the hearing of complaints.

The college treats all allegations and complaints of harassment or discrimination seriously, whether they are made informally, anonymously, or formally. If a breach of this policy is alleged, the college will respond promptly and strives to achieve a fair and timely resolution.

6.2 Instances of Competing Rights

The college will apply the Ontario Human Rights Commission’s Policy on Competing Human Rights to resolve claims of competing rights under this policy. Claims based on prohibited grounds that compete should be resolved in a way that respects the rights of all parties involved.

6.3 Complaint Resolution

Documented and substantiated complaints may result in discipline of an employee, up to and including termination, and/or academic discipline of a student, up to and including expulsion from the college.

The college is dedicated to utilizing the outcome of the complaints process to foster a safe and positive work and learning environment. Loyalist College is committed to the positive duty to proactively assess and investigate indicators of workplace harassment, systemic discrimination, and racism within the institution’s operations, especially where patterns or repeated allegations are raised, and to prevent future occurrences.

6.4 Record Keeping

In accordance with the Occupational Health and Safety Act, the college will keep records of all complaints or incidents of workplace harassment including copies of the complaint, a record of the investigation, any notes, witness statements, the investigation report (if any), the results of the investigation that were provided to the complainant and respondent, and copies of any corrective action taken to address the complaint or incident(s). The documents associated with a workplace harassment complaint, incident, and/or investigation must not be disclosed unless necessary to investigate an incident or complaint of workplace harassment, take corrective action, or otherwise as required by law. These documents will be kept for a minimum of one year from the conclusion of the investigation.

7. Reprisals and Frivolous Complaints

This policy prohibits reprisals against employees and students acting in good faith, who report or provide information regarding a complaint or incident of workplace discrimination, harassment, or violence. Employees who engage in reprisals or threats of reprisals may be disciplined up to and including termination from employment. Students who engage in reprisals or threats of reprisals may be disciplined up to and including expulsion from the college.

Reprisal includes:

• Any act of retaliation that occurs because a person has complained of or provided information about an incident of discrimination, harassment, or violence.
• Intentionally pressuring a person to ignore or not report an incident of discrimination, harassment, or violence.
• Intentionally pressuring a person to lie or provide less than full cooperation with an investigation of a complaint or incident of discrimination, harassment, or violence.

Individuals who make a frivolous, unfounded complaint in bad faith will be subject to discipline, up to and including termination or expulsion.

8. Review and Reporting

Loyalist College will prepare an annual report for its Board of Governors on the implementation and effectiveness of the college’s anti-racism/anti-hate policies and rules. This report will be posted on the college website for public access.

This report will include, in accordance with privacy considerations within Access to Information and Protection of Privacy, a compilation of aggregate complaint and resolution data with:

• the number and type of complaints by students and employees with generalized categorizations of the complaints.
• the number of complaints that did not proceed to a review.
• the associated Code group (e.g., ethnicity, race, religion, etc.) as applicable and the sub-category (e.g., anti-Black racism, anti-Indigenous racism, antisemitism, Islamophobia, etc.) of complaints.
• outcomes of these incidents, including response and resolution timelines.
• findings of investigations, disciplinary measures, and any involvement of law enforcement.
• any changes, updates, or proposed changes/updates to this policy and procedure.

9. Related Documents

• ADMIN 127 Discrimination and Harassment Procedure for Employees
• ADMIN 127 Discrimination and Harassment Procedure for Students
• ADMIN 127 Appendix (A) Formal Complaint Form
• Academic Employees Collective Bargaining Agreement
• ADMIN 125 Responding to Sexual Assault and Sexualized Violence
• HR 100 Employee Code of Conduct
• Access to Information and Protection of Privacy
• Policy Statement on Upholding Free Speech
• Student Code of Conduct
• Support Staff Collective Agreement
• Terms and Conditions for Administrative Staff

10. References

• Canadian Charter of Rights and Freedoms
• Criminal Code
• Freedom of Information and Protection of Privacy Act
• Human Rights Code
• Minister’s Directive on Anti-Racism/Anti-Hate
• Policy on Competing Human Rights
• Occupational Health and Safety Act
• Strengthening Accountability and Student Supports Act