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Workplace Anti-Harassment and Violence Prevention Procedure

Introduction

The purpose of this document is to establish operating procedures for dealing with harassment and workplace violence. Scouts Canada has put these procedures in place in an effort to provide the safest possible work environment for our employees. If you have any questions regarding these procedures, contact your manager.

This procedure applies to all Scouts Canada employees.

 

Our Procedure

Domestic Violence

1. Domestic violence may put a targeted employee at risk, and may also pose a threat to co-workers.

2. Employees are expected to report to their manager upon becoming aware of domestic violence that would likely expose an employee to physical injury in the workplace.

3. The manager will inform their Director and Human Resources of the threat of domestic violence entering the workplace and will investigate and address these concerns on a case-by-case basis.

4. This could involve creating an individual safety plan for a targeted employee while he or she is in the workplace. The safety plan will be developed in consultation with the employee. In developing the plan, the manager and employee will work with the police, courts, or other organizations who may already be involved.

5. The privacy of the individual must be balanced with ensuring the safety of others.

Work Refusal

6. Employees may refuse work if they have reason to believe that workplace violence is likely to endanger them.

7. This situation should be immediately raised with the manager, who will in turn notify Human Resources or the Director, Child & Youth Safety (CYS).

8. Until an investigation into the work refusal is complete, the employees will remain in a safe place as close to their work area as possible (unless assigned other work). They must also be available during normal working hours for any investigation.

Special Circumstances

9. An employee that has a legal court order (e.g. restraining order or “no-contact” order) against another individual is encouraged to notify his or her manager and to supply a copy of that order to the Human Resources department.

10. All records of violence reports, and subsequent investigations, are considered confidential and will not be disclosed to anyone except to the extent required by law.

11. In cases where criminal proceedings are forthcoming, we will assist police agencies, attorneys, insurance companies, and courts to the fullest extent.

Disciplinary Measures and Corrective Action

12. If Scouts Canada determines that any employee has been involved in violent behaviour or unacceptable conduct related to another employee, immediate disciplinary action will be taken. Such disciplinary action may involve counselling or a formal warning and could result in immediate dismissal without further notice.

13. This procedure must never be used to bring fraudulent or malicious complaints against employees. If it is determined that any employee has knowingly made false statements regarding an allegation related to violence, immediate disciplinary action will be taken. As with the case of dishonesty, disciplinary action may include immediate dismissal without further notice.

14. Measures and controls will be implemented to address identified hazards of workplace violence.

Reporting

15. All employees have the obligation under the Occupational Health and Safety Act to report to their manager incidents of workplace violence that are experienced or witnessed.

16. If the employee’s manager is involved in the workplace violence, the employee shall contact the next-level manager. In all cases, the employee shall follow the reporting procedures as outlined below.

17. Complaints that Pose an Immediate Risk of Physical Injury

  1. The employee or the manager shall immediately call 911. If the employee initiates contact with police, the employee shall notify their manager.

  2. The manager shall arrange for a safe place that is as near as reasonably possible to the employee’s work station. In conjunction with the police, the manager will ensure that the employee is kept safe and separated from the alleged perpetrator.

  3. The affected employee(s) must remain in the safe place and be available for investigation.

  4. The manager must complete the Scouts Canada Incident Reporting Form 91-112 within 24 hours of the incident or concern being reported to them and submit it to the national headquarters.

18. Complaints that do not Pose an Immediate Risk of Physical Injury

  1. An employee who experiences workplace violence shall report to his or her manager any incidents or concerns regarding possible incidents of workplace violence.

  2. The manager shall review the complaint and consider whether interim measures are required for the protection of the employee. The manager considers whether an informal resolution to the complaint is possible. The manager may seek advice from the local police when determining an appropriate resolution.

  3. The manager must complete the Scouts Canada Incident Reporting Form within 24 hours of the incident or concern being reported to them and submit it to the national headquarters.

19. Incidents of Domestic Violence

  1. For situations involving domestic violence that would likely expose an individual to physical injury on company property, the Director of Child & Youth Safety or Manager (CED/Operations Manager) must meet with the individual and develop a safety plan, in consultation with the policy, courts, or other agencies that may already be involved if necessary, and identify measures that may be taken by the individual and Scouts Canada to increase the individual’s safety.

  2. Review and revise the plan as necessary.

  3. Human Resources is responsible for informing the affected department and disclosing only as much information (including personal information) about the situation as necessary to protect the individual and employees from physical injury.

20. Informal Reporting of Harassment

  1. If you believe you have been personally harassed, you may:

  2. Confront the harasser personally or in writing, pointing out the unwelcome behaviour and requesting that it stop

  3. Discuss the situation with the harasser’s manager, your manager, or any other manager other than your own.

  4. Any employee who feels discriminated against or harassed can and should, in all confidence and without fear of reprisal, personally report the facts directly to the manager.

21. Formal Reporting of Harassment

If you believe you have been personally harassed, you may make a written complaint. The written complaint must be delivered to Scouts Canada’s Executive Director of Human Resources and Volunteer Services. Your complaint should include:

  1. The approximate date and time of each incident you wish to report

  2. The name of the person or persons involved in each incident

  3. The name of any person or persons who witnessed each incident

  4. A full description of what occurred in each incident

  5. Once a written complaint has been received, Scouts Canada will complete a thorough investigation. Harassment should not be ignored. Silence can be, and often is, interpreted as acceptance.

  6. The investigation will include:

    1. Informing the harasser/s of the complaint

    2. Interview of the complainant, any person involved in the incident, and any identified witnesses

    3. Interview of any other person who may have knowledge of the incidents related to the complaint or any other similar incidents

  7. A copy of the complaint, detailing the complainant’s allegations, is then provided to the respondent(s).

    1. The respondent is invited to reply in writing to the complainant’s allegations and the reply will be made known to the complainant before the case proceeds further.

    2. Scouts Canada will do its best to protect from unnecessary disclosure the details of the incident being investigated and the identities of the complaining party and that of the alleged respondent.

    3. During the investigation, the complainant and the respondent will be interviewed along with any possible witnesses. Statements from all parties involved will be taken and a decision will be made.

    4. If necessary, Scouts Canada may employ outside assistance or request the use of our legal counsel.

    5. Employees will not be demoted, dismissed, disciplined, or denied a promotion, advancement, or employment opportunities because they rejected sexual advances of another employee or because they lodged a harassment complaint when they honestly believed they were being harassed.

    6. Where it is determined that harassment has occurred, a written report of the remedial action will be given to the employees concerned.

  8. If the complainant decides not to lay a formal complaint, Executive Director of Human Resources & Volunteers Services or other senior management may decide that a formal complaint is required (based on the investigation of the incident) and will file such document(s) with the person(s) against whom the complaint is laid (the respondent(s)) and the Board of Governors.

  9. If it is determined that personal harassment has occurred, appropriate disciplinary measures will be taken as soon as possible.

  10. Complaint Resolution Procedures

    1. Informal Resolution

      1. The manager who receives a complaint of workplace violence that appears to be capable of resolution informally shall use reasonable efforts to assist the complainant in effecting informal resolution.

      2. Efforts at informal resolution should include a meeting with the appropriate parties, who have been provided the details of the complaint and the opportunity to respond. At this stage, the manager may also seek assistance from Human Resources to find a resolution.

      3. Once a resolution is reached, corrective action must be taken by the appropriate parties.

      4. A resolution must be communicated to the complainant in writing. If informal resolution is not possible, then the manager shall forward the complaint to Human Resources for action and initiate a formal investigation if necessary.

      5. Upon receipt of a complaint, Human Resources shall initiate a formal investigation.

    2. Formal Investigation

      1. As soon as a request for a formal workplace investigation is received, Human Resources shall appoint an investigator and the investigation shall proceed on a confidential basis.

      2. The investigator will be responsible for establishing the facts.

      3. The investigator will interview the complainant and any witnesses identified as having knowledge of the incident.

      4. The investigator will interview the respondent to obtain the respondent’s response to the allegations in the complaint.

      5. The investigator will prepare and submit a report summarizing the facts and findings and conclude whether there is:

        1. Sufficient evidence to substantiate a finding of violation of the policy

        2. Insufficient or lack of credible evidence to substantiate a finding of violation of the policy

        3. No credible evidence to substantiate a violation of the policy

    3. Copies of the report will be distributed to:

      1. Human Resources

      2. Complainant(s)

      3. Respondent(s)

    4. Based on the findings, the manager in consultation with Human Resources shall determine a resolution to the matter.

    5. The resolution must be communicated to the complainant in writing.

Responsibilities

Shared Responsibility

22. Everyone involved with Scouts Canada shares a responsibility for creating and maintaining an environment free of workplace violence and harassment.

23. Every effort must be made by all those affected to work toward the resolution of complaints.

24. Anyone who witnesses workplace violence or harassment is responsible for bringing it to the attention of their manager and participating in the investigation of the complaint. 

25. Scouts Canada’s Role

  1. Ensure that all known incidents of workplace violence or harassment are investigated to the extent appropriate, based on the nature of each incident and the actual or potential threat it poses to employee safety.

  2. Take all reasonable and practicable measures to protect employees who, acting in good faith, report workplace violence or harassment or act as witnesses, from reprisal or further violence or harassment

  3. Review hazard assessments annually or as changes to job responsibilities or environment occur, and revise the assessment as needed

  4. Review annually the effectiveness of actions taken to minimize or eliminate workplace violence or harassment and make improvements to procedures as required

26. Managers’ Role

  1. Responsible for understanding what constitutes violent behaviour or harassment and communicating to all employees that violence, abuse, and harassment will not be condoned or ignored

  2. Being a role model with respect to appropriate conduct at work and promoting a non-violent workplace that is free of harassment

  3. Taking all complaints of violence and harassment seriously and promptly and diligently investigating any alleged incident

  4. Implementing any follow-up actions as required

27. Employees’ Role

  1. Act respectfully in their interactions with all members of Scouts Canada

  2. Abide by the requirements of this procedure and the Code of Conduct

  3. Report any harassment, violence, or potentially violent situations immediately to management, CYS, or Human Resources

  4. Cooperate in Scouts Canada’s efforts to investigate and resolve matters of workplace violence and harassment

  5. Participate in training as required

Related Policies & Standards

 

Resources 

Effective Date

March 2, 2019

Uncontrolled When Printed: When printed, document cannot be guaranteed to have the current information and should be used with caution. This document is marked “uncontrolled” and the user is responsible for determining if the current version is active. To find the most updated version, please refer to Scouts Canada BP&P on Scouts.ca.