HARASSMENT, DISCRIMINATION AND CONDUCT ACCOUNTABILITY POLICY AND PROCEDURES
1. Rationale
Clearview Community Theater (CCT) is committed to an environment free from harassment and discrimination. The CCT upholds the position that no form of harassment or discrimination is acceptable as provided in section 1 of the Human Rights Code (Ontario), R.S.O. 1990, c.H.19, which states:
- Every person has a right to equal treatment with respect to services, goods and facilities, without discrimination because of race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sex, sexual orientation, gender identity, gender expression, age, marital status, family status or disability.
and as provided in section 7(3) of the Human Rights Code (Ontario), R.S.O. 1990, c.H.19, which states:
s.7(3) Every person has a right to be free from,
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- a sexual solicitation or advance made by a person in a position to confer, grant or deny a benefit or advancement to the person where the person making the solicitation or advance knows or ought reasonably to know that it is unwelcome; or
- a reprisal or a threat of reprisal for the rejection of a sexual solicitation or advance where the reprisal is made or threatened by a person in a position to confer, grant or deny a benefit or advancement to the person.
and as provided in section 11 (1 a.& b.) of the Human Rights Code (Ontario), R.S.O. 1990 c.H19, which states:
s.11 (1) A right of a person under Part I is infringed where a requirement, qualification or factor exists that is not discrimination on a prohibited ground but that results in the exclusion, restriction or preference of a group of persons who are identified by a prohibited ground of discrimination and of whom the person is a member, except where,
a) the requirement, qualification or factor is reasonable and bona fide in the circumstances; or
(b) it is declared in this Act, other than in section 17, that to discriminate because of such ground is not an infringement of a right. R.S.O. 1990, c. H.19, s. 11 (1).
The policy provides the foundation for internal investigative procedures which will assure for CCT members that harassment and discrimination is not tolerated, allay fears of retaliation and inspire confidence that complainants and respondents will be dealt with under the principle of due process.
2. Policy
It is the policy of the Clearview Community Theatre (CCT) to ensure that every individual has an environment free from discriminatory harassment in accordance with the Human Rights Code (Ontario).
- Definitions
3.1 Harassment
Harassment is defined by the Human Rights Code, R.S.O. 1990, c. H.19, as ‘engaging in a course of vexatious comment or conduct that is known or ought reasonably to be known to be unwelcome‘ (section 10(1)e.).
CCT interprets this to include any behaviour which is known or ought reasonably to be known to the perpetrator to be offensive, embarrassing or humiliating to other individuals. Such conduct includes any written communications (may also include, but not limited to, electronic communication – email correspondence, social media, Twitter, Facebook, Snapchat, etc.), verbal and/or physical conduct and may relate to any of the grounds of discrimination prohibited in involvement within the CCT organization by the Human Rights Code (Ontario). These grounds include the following: race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, religion, sex, pregnancy, sexual orientation, gender identity, gender expression, age, record of offences, marital status, family status, disability or the receipt of public assistance and other grounds as amended in the legislation, or identified in case law or by policy of the Human Rights Commission from time to time.
3.2 Sexual Harassment
Sexual harassment may be experienced by anyone. Sexual harassment is defined in the Human Rights Code (Ontario). Every person who is a CCT member has a right to freedom from harassment because of sex, sexual orientation, gender identity or gender expression.
Relationships between consenting adult members which are/were voluntary and based on mutual attraction do not constitute sexual harassment. Any harassment towards a former partner may constitute sexual harassment if one party is offended or feeling harassed by the other partner post relationship. Sexual harassment can also include sexual solicitation.
3.3 Racial/Ethnocultural Harassment/Creed
Racial/ethnocultural harassment and/or discrimination may be experienced by anyone. Such harassment and/or discrminiation generally involves written, verbal and/or physical actions which express negative attitudes, derogation, and/or hate for a person or group of persons based on their race, ancestry, place of origin, colour, ethnic origin, citizenship, creed or religion. Racial/ethnocultural harassment is defined in the Human Rights Code (Ontario).
3.4 Participation Space
The Particiaption Space includes any place where Members perform duties or functions on behalf of CCT. Rehearsal halls, performance space and construction-related locations and activities, such as building, assembling and transporting materials, comprise the Participation Space, as do vehicles, facilities and lands. Workshops, training sessions and residences where activities are being conducted on behalf of CCT fall within the ambit of this policy.
3.5 Member
The reference to Member in this policy refers to an enrolled member in good standing with CCT.
- Guidelines
4.1 This policy is intended to protect CCT Members against harassment.
4.2 Every individual who reasonably believes that they have been the victim of harassment has the right to initiate a complaint and participate in proceedings under this policy without fear of reprisal or threat of reprisal for doing so. Any such reprisal action will be considered harassment.
4.3 Members are encouraged to report any incidents of harassment to the appropriate person. The appropriate person includes any member of the CCT Board of Directors 18 years of age and over.
4.4 A reasonable action taken by a Director or supervisor relating to the management and direction of members or the participation space, such as training, counselling and discipline is not harassment.
4.5 Given the sensitive nature of any complaint, every attempt shall be made throughout the resolution of a complaint on the part of all parties concerned to respect the confidential nature of the information to the fullest extent possible, subject to the obligations of the Board or Directors to investigate and address the complaint, including its legal obligations under the Human Rights Code (Ontario) or other applicable law.
4.6 A Director or supervisory person who has the authority to prevent or discourage harassment of which they are aware or ought reasonably to be aware is occurring, may be held responsible for failing to exercise their authority to do so under the Human Rights Code (Ontario)
4.7 The perpetrator of harassment may be disciplined, up to and including termination of membership and legal procedings where appropriate.
4.8 Directors and Supervisors are therefore charged with the responsibility for discouraging and preventing employment related harassment, and for ensuring that any known situation of harassment is dealt with immediately in accordance with the harassment procedure and the Human Rights Code (Ontario) where they are aware, or ought reasonably to be aware that harassment is occurring.
4.9 Directors and Supervisors are responsible for ensuring that all CCT Members are aware of the policies and administrative procedures pertaining to this harassment policy and the consequences of engaging in harassment.
4.10 Directors and Supervisors are responsible for ensuring that new appointees to supervisory positions are aware of their responsibilities under this policy and the related administrative procedures.
4,11 Every member of the CCT has a responsibility to ensure that the environment is free from harassment. This responsibility shall be discharged by the avoidance and/or reporting of any conduct which might constitute harassment.
4,12 Notwithstanding the existence of this policy, every person continues to have the right to seek assistance from the Human Rights Tribunal of Ontario.
4.13 The Policy and Procedure Committee and CCT Board of Directors shall review this policy as often as necessary, but at least annually, as required by the Occupational Health and Safety Act.
5. Administrative Procedures
The CCT Director and/or Assistant Director or their designate is authorized to provide the administrative procedures necessary to implement this policy.
ADOPTED March, 2021