Workplace Violence and Harassment Prevention Policy
– June 11, 2021
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WORKPLACE VIOLENCE AND HARASSMENT
PREVENTION POLICY
Policy Type:
Management
Initially
Approved:
June 11, 2021
Policy Sponsor:
Vice-President,
Finance and
Administration
Last
Revised:
Primary Contact:
Human
Resources
Review
Scheduled:
June 11, 2024
Approver:
Board of Governors
A.
PURPOSE
The purpose of this policy is to contribute to fostering a safe, healthy, and inclusive workplace. It
expresses the University’s commitment to a workplace that is free of Violence and Harassment,
and it ensures that the University will meet both its obligations and responsibilities as set out in
relevant legislation.
B.
SCOPE
This Policy applies to Employees, appointees, volunteers and other persons acting on behalf of the
University. Others may Report an incident of Violence or Harassment if the incident is against one
of these individuals.
This Policy does not limit an Employee's ability to make a report of Sexual Violence or Sexual
Harassment under the Sexual Violence Response policy, nor does it alter any responsibilities of
the University prescribed under that policy. If Human Resources determines that an allegation
meets the definition of Sexual Violence or Sexual Harassment under the Sexual Violence
Response policy, the Sexual Violence Response policy will be used to address the allegation.
C.
POLICY STATEMENT
1.
GENERAL
1.1
The University is committed to providing a workplace free of Violence and
Harassment as far as it is reasonably practicable to do so. As part of this
commitment, the University will provide access to appropriate resources and
response processes to address incidents of Violence and Harassment.
1.2
The University will investigate reported incidents of workplace Violence and
Harassment and take corrective action where necessary.
1.3
The University will not disclose the circumstances related to an incident of Violence
or Harassment, including the names of any individuals involved, except:
a. where necessary to investigate the incident or to take corrective action;
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b. to inform the parties involved in the incident of the results of the investigation
and corrective action taken, to the extent permissible by the University’s privacy
obligations;
c. where necessary to inform of a specific or general threat of Violence or potential
Violence (such as to Security Services or law enforcement); or,
d. as required by law.
1.4
The University will disclose only the minimum amount of personal information that is
necessary to inform individuals of a specific or general threat of Violence or potential
Violence.
1.5
An incident Report may be forwarded by Human Resources to the Office of General
Counsel.
1.6
This Policy is not intended to discourage an individual from exercising rights pursuant
to any applicable legislation, collective agreement, policy or professional body. This
includes an individual accessing internal complaint or conflict-resolution processes
available through their union/association if applicable.
1.7
In some cases, Reports involving the same parties may be alleged under other
University policies and procedures. In these cases, separate investigations are not
necessary. The investigator may be instructed to investigate allegations under more
than one policy.
1.8
An individual who is found to have breached this policy may be subject to disciplinary
action up to and including termination of employment or termination of any other
relationship they have with the University. Disciplinary action will be taken in
accordance with the provisions of any applicable collective agreement, terms and
conditions of employment, or contractual agreement.
2.
PRINCIPLES
2.1
This Policy is not intended to limit or constrain the reasonable exercise of managerial
functions including, but not limited to:
a. evaluations or assessments based on work performance;
b. imposition of discipline; or,
c. a managerial directive or denial of a request.
3.
REPORTING VIOLENCE AND HARASSMENT
3.1
Individuals who have been subjected to or are otherwise aware of an incident of
Violence or Harassment in the workplace make a Report using the Procedure for
Reporting Workplace Violence and Harassment.
3.2
An Employee who is notified about or who is otherwise aware of an incident of
Violence or Harassment in the workplace can also Report the incident.
3.3
The University may act at its own discretion in the absence of a Report once it is
made aware of an incident. The President or a Vice-President who believes that an
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incident may have occurred, or that a related systemic issue exists, may, in the best
interests of the University, submit a Report to the Associate Vice-President, Human
Resources or designate, to determine if investigation is required.
3.4
An incident that has occurred more than two (2) years prior to the date of the of the
Report will generally not be investigated unless the Associate Vice-President,
Human Resources, determines that the allegation exposes a continued or future risk
to Employees, students, the public, patient safety, or the integrity or the reputation
of the University.
3.5
If the incident is also under investigation by the police or another authority, the
University may at its discretion continue, hold in abeyance or terminate the
investigation or any other proceedings related to the matter.
4.
RETALIATION AND FRIVOLOUS OR VEXATIOUS COMPLAINTS
4.1
All Reports made in good faith will be taken seriously and addressed in an objective,
appropriate and timely manner, without reprisal against those who Report an
incident, or who are otherwise involved in the review or investigation of incidents.
4.2
An individual who is found to have made a frivolous or vexatious Report may be
subject to disciplinary action up to and including termination of employment or
termination of any other relationship they have with the University.
5.
PREVENTION AND TRAINING
5.1
The University will provide Violence and Harassment prevention training program(s)
designed to cultivate a respectful workplace environment free from Violence and
Harassment and to bring awareness of this Policy and the Procedure for Reporting
Workplace Violence and Harassment.
5.2
Human Resources, when made aware, will ensure appropriate resources are
available to those who have experienced, likely to experience, or have been
impacted by Violence and Harassment.
5.3
Violence and Harassment are workplace hazards and are included as part of position
hazard assessments.
D.
DEFINITIONS
(1)
Discrimination:
means any action or threat of action related to a protected
ground in the Alberta Human Rights Act when the action or
threat of action results in loss of or limit on opportunities to work
or to fully participate in the workplace or offends the dignity of
the person. Protected grounds as defined by the Human Rights
Act are race, colour, ancestry, place of origin, religious beliefs,
gender, gender identity, gender expression, age, physical
disability, mental disability, marital status, family status, source
of income, and sexual orientation.
(2)
Domestic Violence:
means, whether at a work site or work-related, the threatened,
attempted, or actual conduct of a person that causes or is likely
to cause physical or psychological harm, and is used to control,
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intimidate or humiliate a person by a person who has, or has
had, a personal relationship.
(3)
Employee:
means individuals who are engaged to work for the University
under an employment contract, including but not limited to
faculty, staff, exempt, casual and management employees.
(4)
Harassment:
means any single incident or repeated incidents of
objectionable or unwelcome conduct, comment, bullying or
action by a person that the individual knows or ought
reasonably to know will or would cause offence or humiliation,
or adversely affects the individual’s health and safety, and
includes Discrimination and Sexual Harassment.
(5)
Report:
means the submission of a statement either verbally or in
writing to Human Resources in accordance with the Procedure
for Reporting Workplace Violence and Harassment that
provides details of an incident of Violence or Harassment. A
verbal statement will be transcribed and confirmed as accurate
by Human Resources.
(6)
Policy:
means the Workplace Violence and Harassment Prevention
Policy.
(7)
Sexual Harassment:
means unwanted or uninvited sexual advances, remarks,
gestures, sounds and actions that make a person feel unsafe,
intimidated, degraded or uncomfortable, or their sexual integrity
is compromised, even if the person harassing claims to have
been only joking or didn’t mean to offend. It includes bullying or
coercion of a sexual nature, unwanted sexual attention or
requests for sexual favours. It can also include threatening
and/or unwanted phone calls, text messages, e-mails, letters
and unwanted gifts.
(8)
Sexual Violence:
means any Violence, physical or psychological, carried out
without consent through a sexual means or by targeting
sexuality. This includes, but is not limited to, sexual assault,
Sexual Harassment, stalking and/or monitoring, indecent
exposure, voyeurism, degrading sexual imagery, distribution of
images or video of a community member without their consent.
(9)
University:
means Mount Royal University.
(10)
Violence:
means, whether at a work site or work-related, the threatened,
attempted, or actual conduct of a person that causes or is likely
to cause physical or psychological harm, and includes
Domestic Violence or Sexual Violence.
E.
RELATED POLICIES
• List Code of Conduct – Employees
• Code of Student Conduct policy
• Environmental Health and Safety policy
• Expression and Free Speech policy
• Offensive/Discriminatory Materials policy
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• Protected Disclosure (“Whistleblower”) policy
• Sexual Violence Response policy
F.
RELATED LEGISLATION
• Alberta Freedom of Information and Protection of Privacy Act
• Alberta Human Rights Act
• Alberta Occupational Health and Safety Act
G.
RELATED DOCUMENTS
• Procedure for Reporting Workplace Violence and Harassment
H.
REVISION HISTORY
Date
(mm/dd/yyyy)
Description of
Change
Sections
Person who
Entered Revision
(Position Title)
Person who
Authorized
Revision
(Position Title)
3/31/2023
Definitions
Definitions
Policy Advisor
AVP, HR