To outline expectations, guidelines and processes which are intended to support and sustain strong cultural values related to respect in the workplace and to reinforce the importance Memorial University places on maintaining a respectful workplace.
All employees of Memorial University and all interactions an employee has in the course of performing his/her job, including interactions with students, visitors, contractors, and other employees.
Complaint - in the context of this policy is a claim by an employee that he/she has been harassed by the behaviour or conduct of one or more persons which is inconsistent with the provisions and spirit of this policy.
Harassment - any comment or conduct towards another person which is abusive, offensive or demeaning, and includes any behaviour which is based on any of the prohibited grounds of discrimination contained in the Newfoundland and Labrador Human Rights Code.
Offensive or unwelcome conduct towards another person which is related to that person's race, religion, religious creed, gender, sexual orientation, marital status, physical disability, mental disability, political opinion, color, or ethnic, national or social origin constitutes harassment. Harassment may also take the form of intimidation or hostile behaviour that creates an offensive work environment.
Harassment is not:
1. Good natured gesturing when both parties find the conduct acceptable
2. Personality or interpersonal conflicts
3. Office flirtation when there is no perceived power imbalance and it is mutually acceptable. (For more information, please refer to the Sexual Harassment Policy.
4. Normal exercise of supervisory responsibilities including work assignment, performance feedback, training, coaching and/or discipline intended to support daily organizational activities. There is the expectation that these duties will be carried out in an appropriate, respectful and judicious manner.
Respectful workplace -one which promotes acceptance, is committed to diversity, and requires respect for dignity and the interests of others.
1. RESPECTFUL WORKPLACE VALUES
Memorial will measure attainment of these values through an employee opinion survey which will be conducted biannually. As well, the University will compile a semi-annual report of complaints received through the various mechanisms that exist including this policy; the Sexual Harassment Policy and the Code of Student Conduct.
2. GUIDING PRINCIPLES
Harassment in any form is unacceptable. Any employee who harasses another may be subject to disciplinary action, up to and including termination.
The University has a separate policy and procedure governing sexual harassment. Any employee who has a concern or complaint related specifically to sexual harassment should refer to the Sexual Harassment Policy.
Any employee of Memorial University who believes they have experienced harassment has the following options for recourse available to them:
2.2 All employees share a responsibility for ensuring a respectful workplace.
All members of the University community share a responsibility for observing the University's respectful workplace standards, and in the process defining the University's respectful workplace culture.
Supervisors, managers, deans, directors and unit heads in particular have an important role to play in this regard. They are often in a position to take preventative action or to assist with conflict resolution in its early stages.
2.3 Employees who believe that they have been affected by a violation of this Policy will have access to immediate assistance.
The processes outlined below have been designed to ensure that appropriate interventions and investigations occur as quickly as possible in situations of conflict related to respectful workplace issues.
2.4 Interventions should utilize informal and mediation-based approaches to conflict resolution wherever it is feasible to do so.
It is important that employees affected by a respectful workplace issue have a formal process of complaint resolution available to them if it is needed.
If possible, however, such issues should be resolved without relying on formal, adversarial complaint procedures. Conflict resolution which is achieved through an informal, facilitated/mediated process of mutual problem solving usually produces more effective results. It is therefore desirable that the parties involved be given the opportunity to resolve their differences in this manner, with the assistance of trained personnel available from within the University community.
2.5 Memorial will have proactive measures to ensure that all employees are aware of the responsibilities under this policy.
Proactive measures include but are not limited to developing and delivering educational programs aimed at ensuring a respectful working environment and knowledge of this Policy.
3. ROLES AND RESPONSIBILITIES
3.1 The Department of Human Resources
3.3 Employees of Memorial University
4. THE RESOLUTION PROCESS
4.2 Once a complaint is raised, the university is obligated to conduct an investigation and take steps to ensure that any violations of this Policy are addressed.
4.3 Employees have two (2) options available to them under the resolution process:
4.4 Complaints involving the President of the University should be referred to the Chair of the Board of Regents. Complaints involving the Vice-Presidents of the University should be referred to the President.
4.5 The immediate supervisor, or whichever person receives the employee's complaint in the first instance under Step 1, 2 or 3 of the Formal Complaint Resolution Process, will ensure that any person(s) identified as being the cause or origin of the offending conduct is immediately provided with a copy of the complaint; is given full opportunity to respond; and is kept informed of the status of the complaint.
4.6 An employee may be accompanied by another person of his/her choice from within the University at any or all steps of this process.
4.7 The time limits outlined in the Formal Complaint Resolution Process may be extended where appropriate.
4.8 If an employee elects, in the first instance, to pursue a respectful workplace complaint through a process external to the University (e.g., complaint to the Human Rights Commission), access to the Formal Complaint Resolution Process will not be available to the employee. If the employee chooses to do this after he/she has initiated a complaint under this section, the complaint will have been considered to be withdrawn by the employee and no further action will be required under this process. If a unionized employee chooses to utilize the grievance process available to them under the terms and conditions of the applicable collective agreement, the complaint under this Policy will be considered to have been withdrawn by the employee and no further action will be required under this process.
4.9 The Formal Complaint Resolution Process will not be available if a resolution of the same complaint was previously obtained under the Informal Complaint Resolution Process, in a manner acceptable to the employee.
4.10 Nothing in this Policy is intended to modify in any way the University's right to impose disciplinary action where it is appropriate and justified in a given set of circumstances.
4.11 False allegations - Individuals filing complaints under this Policy must do so in good faith and have reasonable grounds for the complaint. The University does not condone false allegations of harassment. All complaints of harassment are serious. Therefore, employees who deliberately file a false allegation will be subject to discipline up to and including dismissal.
5. PRIVACY AND CONFIDENTIALITY
6. ADDITIONAL INFORMATION
Director of Faculty Relations