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Procedure for Reporting Workplace Violence or Harassment

– June 11, 2021

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PROCEDURE

FOR

REPORTING

WORKPLACE

VIOLENCE

AND

HARASSMENT

Procedure Type:

Management

Initially
Approved:

June 11,
2021

Procedure
Sponsor:

Vice-President,
Finance and
Administration

Last
Revised:

Office of
Administrative
Responsibility:

Human
Resources

Review
Scheduled:

June 11,
2024

Approver:

Executive Leadership Team

A. PROCEDURES

1. INCIDENT RESPONSE ASSISTANCE

1.1

If immediate assistance is required emergency services should be contacted at 911,
followed by a phone call to Security Services at 403-440-5900. Emergency phones
are also located throughout campus and connect directly to Security Services.

CONSIDERATIONS BEFORE MAKING A REPORT

2.1

There may be circumstances where individuals may choose to pursue informal
measures to resolve allegations prior to submitting a Report of Harassment where
appropriate. In such circumstances individuals are strongly encouraged to contact a
representative from Human Resources to discuss appropriate informal measures or
other reporting options and policies that may be applicable.

REPORTING AN INCIDENT

3.1

Any individual may make a Report of Violence or Harassment to Human Resources
by completing the Workplace Violence and Harassment Incident Report Form and
must include the following:

a. detailed information about the incident;

b. the date and location the incident occurred; and

c. the name of the individual or individuals that were part of, or were witness to, the

incident.

3.2

If an individual wishes to make a Report against an Employee in Human Resources,
they may instead make a report, in writing, directly to the Office of General Counsel.
The report must include the same information as required by the Workplace Violence
and Harassment Incident Report Form.

Procedure for Reporting Workplace Violence or Harassment

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3.3

If a report is made to the Office of General Counsel, General Counsel will act with
the same authorities prescribed to the Associate Vice-President, Human Resources,
for the purposes of this Policy and procedure.

3.4

Upon receipt of a Report, the Associate Vice-President, Human Resources or
designate, will acknowledge its receipt and that it is being reviewed to the individual
who made the Report within five (5) business days.

3.5

The review may include contacting the individuals referenced in the Report, including
the individual who submitted the Report, to better understand the incident or
circumstance that led to the Report being made.

3.6

Normally, within ten (10) business days of initially receiving a Report, the Associate
Vice-President, Human Resources or designate, will notify the individual who made
the Report of the decision to investigate. If a decision not to investigate is made, a
reason must be given and may include that the allegation:

a. does not meet the definitions of the Policy;

b. was not made in good faith;

c. should be addressed through another policy; or

d. is being addressed through another process.

INVESTIGATION

4.1

If an investigation under this Policy is recommended, the Associate Vice-President,
Human Resources or designate, must

a. advise the individual who the Report was made against, in writing, of the nature

and specifics of the incident, the investigation, and their right to representation
in accordance with the provisions of any applicable collective agreement or
terms and conditions of employment; and,

b. assign the investigation to an investigator.

4.2

The  Associate  Vice-President,  Human  Resources  or  designate,  will  provide  the
scope  and  terms  of  reference  to  the  investigator.  Timelines  must  agree  with  any
provisions  of  an  applicable  collective  agreement  or  terms  or  conditions  of
employment.

4.3

Investigations will be conducted in a timely and objective manner in accordance with
processes that:

a. adhere to the principles of procedural fairness and natural justice;

b. are conducted with due diligence and do not prejudge an outcome; and

c. are free from bias.

4.4

If during the course of the investigation, the investigator identifies any concerns
beyond the scope of the investigation, the Associate Vice-President, Human
Resources or designate, may choose to revise the scope or terms of reference to

Procedure for Reporting Workplace Violence or Harassment

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include those concerns as part of the investigation or request a separate memo be
submitted to summarize the concerns.

4.5

Upon  completion  of  the  investigation,  the  investigator  will  submit  a  written
investigation report to the Associate Vice-President, Human Resources or designate,
that will include, but not be limited to:

a.  the details of the allegation investigated;

b.  an  account  of  the  information  assessed  during  the  investigation,  including

credibility of information received; and

c. findings of fact that, on a review of all the evidence, are assessed on a balance

of probabilities.

4.6

The  Associate  Vice-President,  Human  Resources  or  designate  will  notify  the
individual who submitted the Report and to the individual whom the Report was made
against  in  writing,  based  on  the  investigation  report,  whether  the  allegation  of
Violence and/or Harassment is substantiated.

4.7

The  Associate  Vice-President,  Human  Resources  or  designate,  will  assist  the
applicable  level  of  management  in  determining  the  appropriate  course  of  action,
including preventative, remedial or disciplinary, to be taken in accordance with any
provisions  of  an  applicable  collective  agreement  or  terms  and  conditions  of
employment.

4.8

All records relating to the Report and resulting investigation will be retained in
accordance with the University’s Records Retention Schedule and any applicable
legislation and collective agreement.

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, 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.

Procedure for Reporting Workplace Violence or Harassment

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(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.

RELATED POLICIES

●  Code of Conduct – Employees
●  Code of Student Conduct policy
●  Environmental Health and Safety policy
●  Offensive/Discriminatory Materials policy
●  Protected Disclosure (“Whistleblower”) policy
●  Sexual Violence Response policy

Procedure for Reporting Workplace Violence or Harassment

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RELATED LEGISLATION

●  Alberta Freedom of Information and Protection of Privacy Act
●  Alberta Human Rights Act
●  Alberta Occupational Health and Safety Act

RELATED DOCUMENTS

● Workplace Violence and Harassment Incident Report Form

REVISION HISTORY

Date
(mm/dd/yyyy)

Description of
Change

Sections

Person who
Entered
Revision
(Position Title)

Person who
Authorized
Revision
(Position Title)

5/31/2023

Definitions

Policy Advisor

AVP, HR