Workplace Harassment, Discrimination and Violence in the Workplace Policy (By-Law 2017-43) — full text

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## The Corporation of the Township of Billings By-Law 2017-43 ## Being a By-Law to establish a Workplace Harassment, Discrimination and Violence In the Workplace Policy WHEREAS, The Corporation of the Township of Billings is committed to providing and maintaining a working environment that is based on respect for the dignity and rights of everyone in the Municipality. It is the Township of Billings' goal to provide a healthy and safe work environment that is free of any form of harassment or violence. AND WHEREAS, The Corporation of the Township of Billings is committed to fostering an environment that is free from any of the forms of discrimination and harassment which are prohibited under the Ontario Human Rights Code. Discrimination, harassment and/or violence are unacceptable within the Municipal organization in any form and at any level. AND WHEREAS, Section 32 of the Occupational Health and Safety Act states that an employer shall have a policy with respect to workplace and harassment; NOW THEREFORE, The Corporation of the Township of Billings enacts the Workplace Harassment, Discrimination and Violence in the workplace policy, attached to this by-law as "Schedule A".   Read a first, second, third time and enacted this\_ 18 day of Decenber - 20/7 Austin Hunt, Mayor OM Donald Kathy McDonald, Clerk Treasurer/CAO ## Purpose: The Corporation of the Township of Billings is committed to providing and maintaining a working environment that is based on respect for the dignity and rights of everyone in the Municipality. It is the Township of Billing's goal to provide a healthy and safe work environment that is free of any form of harassment or violence. The Corporation of the Township of Billings is committed to fostering an environment that is free from any of the forms of discrimination and harassment which are prohibited under the Ontario Human Rights Code. Discrimination, harassment and/or violence are unacceptable within the Municipal organization in any form and at any level. ## Policy: This policy applies to all employees, contractors, consultants and service providers. This policy also applies to situations in which you are harassed or subjected to violence in the workplace from individuals who are not employees of the Municipality, such as Council Members, volunteers, members of the public, customers and suppliers, although the available remedies may be constrained by the particular situation. It applies in any location in which you are engaged in municipal activities. This includes, but is not limited to: - the workplace; - during work-related travel; - at restaurants, hotels or meeting facilities that are being used for business purposes; - in company-owned or leased facilities; - during telephone, e-mail or other communications; - at any work-related social event, whether or not it is company sponsored Conduct, comments or behaviour that constitutes harassment, discrimination and/or violence and occurs in locations covered by this expanded definition are subject to investigation under this policy. The pursuit of a complaint under the internal complaint mechanism does not preclude an individual from filing a complaint with the Ontario Human Rights Commission or pursuing any other available forms of relief. It should be noted that time limits apply to complaints which are taken to the Ontario Human Rights Commission, and persons contemplating making such complaints are urged to contact the Commission immediately so that these time limits are not missed. Remedies may also be available under the Ontario Human Rights Code. Everyone is encouraged to fully examine the various options which are available to them.  ## Workplace Harassment, discrimination and Violence in the workplace Policy ## A - DEFINITIONS: ## "Discrimination" Workplace discrimination includes any distinction, exclusion or preference based on the protected grounds in the Ontario Human Rights Code, which nullifies or impairs equality of opportunity in employment, or equality in the terms and conditions of employment. The protected grounds ot discrimination are: - race, colour, ancestry, citizenship, ethnic origin or place of origin; - creed, religion; - age; - sex (including pregnancy and gender identity); - sexual orientation; - family, marital (including same-sex partnership) status; - disability or perceived disability; - a record of offences for which a pardon has been granted under the federal Criminal Records Act and has not been revoked, or an offence in respect of any provincial enactment. For purposes of this policy, discrimination will be interpreted in a manner consistent with the Human Rights Code, which does contain some exceptions and interpretive provisions. Decisions under the Code have recognized that discrimination may be direct or "constructive". Direct discrimination is easily recognized but constructive discrimination is more subtle, and includes situations where occupational requirements effectively exclude individuals by race, ancestry, place of origin, etc. ## "Sexual Harassment" Sexual harassment includes conduct or comments of a sexual nature that the recipient does not welcome or that offend him or her. It also includes negative or inappropriate conduct or comments that are not necessarily sexual in nature, but which are directed at an individual because of his or her gender. Both men and women can be victims of harassment, and someone of the same or opposite sex can harass someone else. Some examples of sexual harassment include: - sexual advances or demands that the recipient does not welcome or want; - threats, punishment or denial of a benefit for refusing a sexual advance; - offering a benefit in exchange for a sexual favour; - leering (persistent sexual staring); - displaying sexually offensive material, such as posters, pictures, calendars, cartoons, screen savers, pornographic or erotic Web sites or other electronic material; - distributing sexually explicit e-mail messages or attachments, such as pictures or video files: - sexually suggestive or obscene comments or gestures; - unwelcome remarks, jokes, innuendoes, propositions or taunting about a person's body, clothing or sex; - persistent, unwanted attention after a consensual relationship ends; : prysical Contact of a sexual nature, such as touching of caressing; - sexual assault. ## "Discriminatory Harassment" Discriminatory harassment includes comments or conduct based on the protected grounds in the Ontario Human Rights Code which the recipient does not welcome or that offends him or her. Some examples of discriminatory harassment include: - offensive comments, jokes or behaviour that disparage or ridicule a person's - imitating a person's accent, speech or mannerisms; - persistent or inappropriate questions about whether a person is pregnant, has children or plans to have children; - inappropriate comments or jokes about an individual's age, sexual orientation, personal appearance or weight. Harassing or discriminatory comments or conduct can poison someone's working environment, making it a hostile or uncomfortable place to work, even if the person is not being directly targeted. This is commonly referred to as a poisoned working environment and it is also a form of harassment. Some examples of actions that can create a poisoned work environment include: - displaying offensive or sexual materials, such as posters, pictures, calendars, Web sites - distributing offensive e-mail messages or attachments, such as pictures or video files; - practical jokes that embarrass or insult someone; - jokes or insults that are offensive, racist or discriminatory in nature. ## "Workplace Harassment" and Bullying Workplace harassment is a health and safety issue that is covered under the Ontario Occupational Health and Safety Act. The Occupational Health and Safety Act defines "workplace harassment" as: "engaging in a course of vexatious comment or conduct against a worker in a workplace that is known or ought reasonably to be known to be unwelcome Workplace harassment may have some or all of the following components: - it is generally repetitive, although a single serious incident may constitute workplace harassment if it undermines the recipient's psychological or physical integrity and has a lasting harmful effect; - it is hostile, abusive or inappropriate; - it affects the person's dignity or psychological integrity; - it results in a poisoned work environment. In addition, behaviour that intimidates, isolates or discriminates against the recipient may also be included. Some examples of workplace harassment include: - verbally abusive behaviour, such as yelling, insults, ridicule and name calling, including remarks, jokes or innuendoes that demean, ridicule, intimidate or offend; - workplace pranks, vandalism, bullying and hazing; - gossiping or spreading malicious rumours; - excluding or ignoring someone, including persistent exclusion of a particular person from workplace-related social gatherings; - undermining someone else's efforts by setting impossible goals with short deadlines and deliberately withholding information that would enable a person to do his or her job; - providing only demeaning or trivial tasks in place of normal job duties; - humiliating someone; - sabotaging someone else's work; - displaying or circulating offensive pictures or materials; - offensive or intimidating phone calls or e-mails; - impeding an individual's efforts at promotions or transfers for reasons that are not legitimate; - making false allegations about someone in memos or other work-related documents. ## What isn't harassment? Workplace harassment should not be confused with legitimate, reasonable management actions that are part of the normal work function, including: - measures to correct performance deficiencies, such as placing someone on a performance improvement plan; - imposing discipline for workplace infractions; - requesting medical documents in support of an absence from work. It also does not include normal workplace conflict that may occur between individuals or differences of opinion between co-workers. ## The test of harassment It does not matter whether you intended to offend someone. The test of harassment is whether you knew or should have known that the comments or conduct were unwelcome to the other person. For example, someone may make it clear through his or her conduct or body language that the behaviour is unwelcome, in which case you must immediately stop that behaviour. Although it is commonly the case, the harasser does not necessarily have to have power or authority over the victim. Harassment can occur from co-worker to co-worker, supervisor to employee and employee to supervisor. ## "Workplace Violence" and "Domestic Violence" Workplace violence and domestic violence that may occur in the workplace are health and safety issues which are covered under the Ontario Occupational Health and Safety Workplace violence is defined under the Ontario Occupational Health and Safety Act as: - "(b) an attempt to exercise physical force against a worker, in a workplace, that could cause physical injury to the worker, - "(a) the exercise of physical force by a person against a worker, in a workplace, that causes or could cause physical injury to the worker, - "(c) a statement or behaviour that it is reasonable for a worker to interpret as a threat to exercise physical force against the worker, in a workplace, that could cause physical injury to the worker." It is defined broadly enough to include acts that may be considered criminal. Workplace violence includes: - physically threatening behaviour, such as shaking a fist at someone, finger pointing, destroying property, throwing objects; - leaving threatening notes or sending threatening e-mails; - verbal or written threats to physically attack a worker; - wielding a weapon at work; - stalking someone; - physically aggressive behaviours, including hitting, shoving, standing excessively close to someone in an aggressive manner, pushing, kicking, throwing an object at someone, physically restraining someone or any other form of physical or sexual assault. Violence that occurs outside the normal workplace but which has an impact on the working environment, including working relationships, may also be considered violence in the workplace. ## Domestic Violence If you are experiencing domestic violence that would likely expose you, or other workers, to physical injury that may occur in the workplace, we will take every precaution reasonable to protect you and your co-workers in the circumstances. This may include some or all of the following: - creating a safety plan; - contacting the police; - establishing enhanced security measures, such as a panic button, code words, and door and access security measures; - screening calls and blocking certain e-mail addresses - adjusting your working hours and location so that they are not predictable; - facilitating your access to counselling. We appreciate the sensitivity of these issues and will do our best to assist you as discreetly as possible while maintaining your privacy. ## B - PREVENTING HARASSMENT, DISCRIMINATION AND VIOLENCE: It is our mutual responsibility to ensure that we create and maintain a harassment-free, discrimination-free and violence-free workplace, and address violence and/or the threat of violence from all possible sources (including customers, clients, employers, supervisors, Council members, volunteers, workers, members of the public, strangers and domestic/intimate partners). ## The Municipality's Commitment: The Corporation of the Township of Billings will do its part by not tolerating or condoning discrimination, harassment or violence in the workplace. This includes making everyone in our organization aware of what behaviour is and is not appropriate, assessing the risk of workplace violence, investigating complaints and imposing suitable corrective measures. The Corporation recognizes that it is possible for allegations to be advanced against the very persons required or permitted to investigate or deal with complaints under this policy. In such cases, a person who wishes to make a formal or informal complaint may contact any member of the Municipality's management with whom the complainant is comfortable. The staff member so contacted shall bring the Complaint to the attention of senior management (including the Municipal Solicitor and /or the Integrity Commissioner) who shall ensure that the complaint is investigated by persons who meet the requirements of this policy under the OHSA but who have no Conflict of Interest, and in such circumstances this policy shall permit all necessary substitutions. Should there be a complaint against the Clerk-Treasurer and/or against the Reeve or Council Members), then the role of the Clerk-Treasurer /Reeve or Council Members as advisor(s) will be delegated to the Municipal Solicitor and/or the Integrity Commissioner. ## Persons who may take advantage of this Policy: Anyone who alleges that they have suffered discrimination, harassment or violence by a person governed by this policy may make a complaint in accordance with this policy ## Obligations and Responsibilities: Everyone governed by this policy is responsible for ensuring that all Municipal operations are free from discrimination, harassment and/or violence within the respected Workplace locations. Mayor, Council Members, Senior staff and Supervisor(s) and/or Manager(s) have specific responsibilities to create and maintain a workplace that is free from violence, discrimination or harassment. The Clerk-Treasurer along with the Supervisors/Managers are specifically responsible for ensuring that the policy is communicated and understood by all staff and that the policy is supported and encouraged. The Clerk-Treasurer and Supervisor (s) and/or Managers) are also responsible for preventing the development, escalation or recurrence of discrimination, harassment or violence in the workplace. The successful resolution of concerns and complaints is often determined by the way in which they are handled. The existence of a process with detailed procedures and guidelines is critical to ensure that all complaints are dealt with in a consistent and fair manner which allows flexibility to accommodate different situations, circumstances and needs. The Municipality has established a procedure to permit complaints of discrimination, violence and harassment to be dealt with internally. External investigation will be obtained where necessary. All complaints so advanced will be taken seriously, and will be acted upon quickly and in a confidential manner. ## Duties of Supervisors: Supervisors are expected to assist in creating a harassment-free, discrimination-free workplace and to immediately contact the Clerk-Treasurer or alternate if they receive a complaint of workplace harassment, discrimination or violence in the workplace, or witness or are aware of harassing or violent behaviour within the workplace. Supervisors must also take every reasonable precaution to protect employees from workplace violence, including evaluating a person's history of violent behaviour to determine whether and to whom this employee may poses a risk. In making this evaluation supervisors should consider: - whether the person's history of violence was associated with the workplace or work - whether the history of violence was directed at a particular employee or employees in general; - how long ago the incidence of violence occurred. In certain circumstances, supervisors may have a duty to provide information about a risk of workplace violence from a person with a history of violent behaviour if an employee can be expected to encounter that person during the course of his or her work and the risk of workplace violence is likely to expose the employee to physical injury. Supervisors will only release as much personal information about the person with a history of violent behaviour as is reasonably necessary to protect the employee from physical injury ## Duties of All Employees: You must do your part by ensuring that your behaviour does not violate this policy and by fostering a work environment that is based on respect and is free of harassment or discrimination. You are also required to report to your immediate Supervisor and/or Manager, the ClerkTreasurer, or alternate, the existence of any workplace violence or threat of workplace violence. ## Duties of the Clerk-Treasurer as Advisor: To assist you in understanding your rights and obligations under this policy, the Clerk-Treasurer, as the Human Resources Manager, will act as advisor. The role of the advisor is to: - act as a resource and answer inquiries with respect to this policy; - discuss complaints on a confidential basis, unless the advisor is required to release information by law, or where there is a risk of harm to you or another individual; - assist individuals who may be experiencing domestic violence that may expose them to a risk of physical injury in the workplace; - assist in the informal resolution of complaints through Counseling, Peer mediation, Alternate Dispute resolution and/or workplace restoration; - engage in discussions with the respondent to see if the matter can be resolved To avoid any potential conflicts of interest, or ensure impartiality the advisor is not involved in conducting the formal investigation(s) which can be done by the Municipal Solicitor or the Integrity Commissioner and/or and outside source qualified to do so. The advisor is impartial and may provide assistance in resolving issues of harassment and discrimination to any employee, contractor or consultant. That can include facilitating a solution between two or more affected parties or assisting or supporting a complainant, respondent or witness during an investigation. The advisor is an advocate for a respectful workplace -- not an advocate for a particular individual. The advisor shall maintain confidentiality to the extent practicable and appropriate under the circumstances. They are not investigators under the policy, nor are they decision-makers. Complaints will have three possible outcomes: 1. The complainant may decide, after discussing the matter with the advisor, that no discrimination or harassment occurred. If this happens, no further action will be taken and no record will be made in any file; 2. The complainant may have evidence of harassment or discrimination, but may not wish to lay a formal complaint. If this happens: - a. If the complainant agrees, the advisor may choose to take no further action with respect to the allegations where this would be appropriate in the circumstances; - b. The advisor and the complainant may agree on an informal means of resolving the issue which may include informal meeting(s), Peer Mediation, Alternate Dispute Resolution and/or Workplace Restoration activities. These options of course will include some controlled communications with the person against whom the allegations are made; or - C. The Clerk-Treasurer may recommend that an investigation should nevertheless occur as though a formal complaint was in fact laid, even where that recommendation is contrary to the wishes of the complainant. We may need to continue with an investigation if the allegations are of a serious nature or if there have been previous complaints or incidents involving the respondent the complainant was not aware of. This may include the Police being contacted where there are serious allegations of Workplace Violence and/or Sexual Assaults - d. The Clerk-Treasurer may or will consider any of thee recommendation(s) in consultation with the Municipal Solicitor and/or the Integrity Commisioner. 3. The complainant may decide to lay a formal complaint. ## C - PROCEDURE FOR RESOLVING AND INVESTIGATING HARASSMENT COMPLAINTS ## Informal Procedure: If you believe that you are being harassed, the first thing to do is to tell the person to stop. Do so as soon as you receive any unwelcome comments or are subjected to inappropriate conduct. Although this may be difficult to do initially, telling the person you don't like or appreciate his or her actions is often enough to stop the behaviour. Some of the things you can say that might stop the behaviour include: - "Please stop doing or saying - "I don't want you to do that." - "It makes me uncomfortable when you ..." - "I don't find it funny when you... If the harassment continues after you have confronted the individual, you may want to provide him or her with a written statement of the situation. Include specific details of the behaviours you consider to be harassing, your request to the harasser to stop and your expectations that he or she will stop. Provide details of the next steps you plan to take if the harassment does not stop, e.g., filing a formal complaint. Make sure you keep a copy of this statement for yourself. It helps to keep a record of any incidents) that you experience. This includes when the harassment started dates and times, what happened, where it happened and whether or not there were any witnesses as well as what your response was at that time if any. If you believe that someone who is not a member of our organization, e.g., a member of Council, volunteer, member of the public, customer, contractor, supplier, etc., has harassed or discriminated against you, please report the harassment to the Clerk-Treasurer. Although the Township of Billings has limited control over third parties, we will do our best to address the issue and prevent further problems from arising ## Formal Procedure: If the complaint cannot be resolved informally (or with assistance of the Clerk-Treasurer as Advisor) or if it is too serious to handle on an informal basis, you may bring a formal complaint to the Clerk-Treasurer's Office. The Clerk-Treasurer acts as a workplace coordinator with respect to harassment, discrimination and violence in the workplace. If you wish to bring a formal complaint forward, we will need as much written information as possible, including the name of the person you believe is harassing you, the place, date and time of the incidents), and the names of any possible witnesses. It is important that we receive your complaint as soon as possible so that the problem doesn't escalate or happen again and put in place some measures to protect you from the respondent if necessary. Once we receive your formal complaint details in writing we will initiate a formal investigation if it is necessary and appropriate to do so. Such complaints may be registered either personally or through a solicitor or agent. Please note that it is our policy not to investigate anonymous complaints unless there are extenuating circumstances. ## Investigation procedure: The Clerk-Treasurer will commence an investigation as quickly as possible. They may choose to use either an internal or external investigator, depending on the nature and complexity of the complaint. The investigation will include: - interviewing the complainant and respondent to ascertain all of the facts and circumstances relevant to the complaint, including dates, times, behaviours displayed and locations; - interviewing witnesses, if any; - reviewing any related documentation; - making detailed notes of the investigation and maintaining them in a confidential file. Once the investigation is complete, the investigator(s) will prepare a detailed report of the findings to the Clerk-Treasurer. A summary of the findings will also be provided to the complainant and respondent. It is our goal to complete any investigation and communicate the results to the complainant and respondent within 30 days after we receive a complaint, where possible. ## Corrective action: The Clerk-Treasurer in consultation with the Municipal Solicitor and/or the Integrity Commissioner in order to determine what option(s) and/or action(s) should be taken as a result of the investigation findings as per municipal policy and legislation. The Clerk-Treasurer will inform the complainant and respondent of the results of the investigation and whether (but not necessarily what) corrective measures may be taken, if any were necessary. If a finding of harassment is founded under the policy, The Corporation of the Township of Billings may take some or all available appropriate corrective measures necessary regardless Corrective measures may include one or more of the following - discipline, such as a verbal warning, written warning or suspension without pay; - termination with or without cause; - referral for counselling (sensitivity training), anger management training, supervisory skills training or attendance at educational programs on workplace respect and appropriate behaviour expected in the workplace; - a demotion or denial of a promotion; - reassignment or transfer; - financial penalties, such as the denial of a bonus or performance-related salary increase; - any other such disciplinary action deemed appropriate under the circumstances, which may include a combination of any of the above. If there is not enough evidence to substantiate the complaint, corrective measures may not be taken. The Employer may however provide some specialized training and/or workplace sensitivity workshop as well as ensuring that all employees are informed respecting the expectation concerning appropriate workplace behaviour according to our policy. If you make a complaint in good faith and without malice, regardless of the outcome of the investigation, you will not be subject to any form of reprisal and/or discipline. The Corporation of the Township of Billings will, however, discipline or may terminate anyone who brings forward a false and/or malicious complaint. ## D - PROCEDURE FOR RESOLVING AND INVESTIGATING WORKPLACE VIOLENCE You have the right to refuse work if workplace violence is likely to endanger you. In that instance, please immediately contact your supervisor, at which point appropriate measures will be taken to protect you and investigate the situation. Special arrangements will be considered in order for you to work within a safe place as near as reasonably possible to your normal workstation and will need to be available for the purposes of investigating the incident. In some circumstances, you may be provided with reasonable alternative work during normal working In appropriate circumstances, we (or workers) may contact the police, or other emergency responders as appropriate, to assist, intervene or investigate workplace violence. Details about the measures and procedures for summoning immediate assistance will be provided and may include: - equipment to summon assistance, such as phones, cell phones, etc.; - emergency telephone numbers and/or e-mail addresses; - detailed emergency procedures. Provided the situation is dealt with quickly and the danger to workers is removed, the necessity of a worker refusing to work may be alleviated. In no way, regardless of the actions taken to deal with the threat of violence, is a worker's right to refuse work limited ## Investigation Procedure: You are required to report the existence of any workplace violence or threat of workplace violence to your supervisor or the Clerk-Treasurer. The Clerk-Treasurer will commence an investigation as quickly as possible. They may choose to use either an internal or an external investigator, depending on the nature of the complaint. Again, should there be a complaint against the Clerk-Treasurer and/or against the Mayor or Council Member(s), then the role of the Clerk-Treasurer / Mayor or Council Members as advisor(s) will be delegated to the Municipal Solicitor and/or the Integrity Commissioner. The investigation will include: - interviewing witnesses, if any; - interviewing the complainant and respondent to ascertain all of the facts and circumstances relevant to the complaint, including dates and locations; - reviewing any related documentation; - making detailed notes of the investigation and maintaining them in a confidential file. Once the investigation is complete, the investigator(s) will prepare a detailed report of the findings to the Clerk-Treasurer where appropriate. A summary of the findings will also be provided to the complainant and respondent. It is our goal to complete any investigation and communicate the results to the complainant and respondent within 30 days after we receive a complaint, where possible ## Corrective Action: The Clerk-Treasurer may in consultation with the Municipal Solicitor and/or the Integrity Commissioner determine what action(s) should be taken as a result of the investigation findings. The Clerk-Treasurer or alternate will inform the complainant and respondent of the results of the investigation and whether (but not necessarily what) corrective measures will be taken, if any. If a finding of workplace violence is founded under the policy the Corporation of the Township of Billings will take appropriate corrective measures, regardless of the respondent's seniority or position in the municipality. Corrective measures may include one or more of the following: - discipline, such as a verbal warning, written warning or suspension without pay; - termination with or without cause: - referral for counselling (sensitivity training), anger management training, supervisory skills training or attendance at educational programs on workplace respect; - a demotion or denial of a promotion; - financial penalties, such as the denial of a bonus or performance-related salary increase; - reassignment or transfer; - any other disciplinary action deemed appropriate under the circumstances, which may include a combination of any of the above. If there is not enough evidence to substantiate the complaint, corrective measures will not be taken. The Employer may however provide some specialized training and/or workplace sensitivity workshop as well as ensuring that all employees are informed respecting the expectation concerning appropriate workplace behaviour according to our policy. If you make a complaint in good faith and without malice, regardless of the outcome of the investigation, you will not be subject to any form of reprisal and/or discipline. The Corporation of the Township of Billings will, however, discipline or may terminate anyone who brings forward a false and/or malicious complaint. ## E - PROCEDURE FOR ADDRESSING DOMESTIC VIOLENCE If you are experiencing domestic violence that would expose you to physical injury in the workplace, or if you are experiencing workplace violence or believe that workplace violence is likely to occur, you may seek immediate assistance by contacting your immediate Supervisor/Manager or the Clerk-Treasurer or alternate. Senior Management will assist in preventing and responding to the situation. ## F - CONFIDENTIALITY OF COMPLAINTS AND INVESTIGATIONS We recognize the sensitive nature of harassment, discrimination and violence in the workplace complaints and we will keep all complaints confidential, to the extent that we are able to do so. We will only release as much information as is necessary to investigate and respond to the complaint or situation or if required to do so by law. The Corporation, through its management and legal staff, must ensure that complaints are investigated and handled in a manner so that the identities of the persons involved are kept confidential. It must be recognized that, to the extent that the complainant chooses to initiate proceedings or make comments outside the Corporation's internal harassment complaint procedures, confidentiality cannot be guaranteed. It must also be recognized that information collected and retained is subject to release under the Municipal Freedom of Information and Protection of Individual Privacy Act, the Ontario Human Rights Code or the rules governing The investigation process will involve the direct and indirect collection of personal information in relation to the complainant and the person against whom any complaint is advanced. Persons investigating discrimination or harassment on behalf of the Corporation are expressly authorized to collect any such personal information as may be required to properly conduct the investigation. Out of respect for the relevant individuals, it is essential that the complainant, respondent, witnesses and anyone else involved in the formal investigation of a complaint maintain confidentiality throughout the investigation and afterwards. The investigation will be conducted by the Municipal Solicitor or his designate (or other investigative body). Pursuant to the stated guidelines of the Ontario Human Rights Commission for internal dispute resolution mechanisms, the investigation shall not be conducted by any person who exercises supervisory responsibilities over the complainant or the person against whom allegations have been made. ## G - PROTECTION FROM RETALIATION The Corporation of the Township of Billings will not tolerate reprisal and/or retaliations, taunts or threats against anyone who complains about harassment or takes part in an investigation. Any person, who taunts, retaliates against or threatens anyone in relation to a harassment, discrimination or workplace violence complaint may be disciplined which may include termination. The findings of the investigation shall be compiled in the form of a written report to the ClerkTreasurer or designee who shall receive the report and recommend in consultation with the Municipal Solicitor and/or the Integrity Commissioner the appropriate disciplinary action (if such action is warranted by the results of the report). The complainant shall be advised of the outcome of the investigation and may or may not be provided with the information of the disciplinary action taken. In the event that the complainant is not satisfied with the disciplinary action taken by the Corporation, the complainant shall be reminded that, subject to the possible expiration of time limits, there is a continuing right to file a complaint with the Ontario Human Rights Commission. The findings of the investigation may also include other relevant recommendations of the investigators in relation to the matter in question. For instance, the investigators may recommend certain administrative changes to correct deficiencies which were noted during the investigation. Any persons being interviewed during the course of an investigation shall be entitled to have legal counsel or a support person present at their own expense during the course of any questioning. The person against whom allegations have been made shall be specifically warned prior to any questioning in the formal investigation that serious allegations have been brought forward and, that his or her answers will be recorded and may be used against him or her, and that he or she is entitled to have a solicitor or a support person present at his or her own expense during the course of any questioning. This policy provides all employees with various options as well reinforces the Employer's position in doing it's part by not tolerating or condoning any activities of harassment, discrimination and/or any types of violence in the workplace. ## Harassment, Bullying and violence in the Workplace COMPLAINT FORM Name of complainant: Address and contact information: Place of work or school/centre: Person(s) suspected of harassment, bullying and/or Violence in the workplace (respondent): Address and contact information: Nature of the allegations: Date(s), time(s) and place(s) where the incidents) took place: Did anyone witness the incident (s)? Name(s) of witness(s): - [ ] Yes Description of their respective role in the incident. How did you react to the Harassment, Bullying and/or Violence in the Workplace? If applicable, describe any incident (s) that took place previously. I am filing this complaint because I honestly believe that has been harassing me. I hereby certify that to the best of my knowledge the above-mentioned information is true, accurate and complete. Making false or frivolous allegations is in violation of this policy and subject to disciplinary sanctions. Furthermore, I realize that an inquiry will be initiated once this complaint has been filed. Signature of the complainant ## Workplace harassment, Bullying and /or Violence Incident Report Complainant/Witness Account Form Note: Complete this Form if you are the Complainant of or witness to the alleged workplace violence Photocopy additional copies as needed Date of Incident Name Date of Report - [ ] Complainant O - [ ] Witness Address/of witness Phone Number Describe Incident in Detail. Include what happened, where, who was involved, other witnesses, what you heard, saw, etc. List Names of any other Witnesses if any Signature Person Receiving Complainant/Witness Statement Date Date