Complainant's Guide WHAT CAN I DO IF I HAVE EXPERIENCED HARASSMENT?
Intro		This guide is provided to you with answers to some of the most common questions asked by people who have been alleged to be the harasser. It is very important that you carefully read the Peel District School Board's Human Rights and Anti-Harassment Policy #51. There are copies of this policy at every school and work location in the Board and on the Intranet, or you can request that a copy be sent to you from Human Resources Services. The Peel District School Board is committed to providing a harassment-free place to work and learn in which everyone is treated with respect and dignity. The Peel District School Board believes that every workplace and school should be free from all forms of harassment. It is everyone's responsibility to prevent harassment. (back to top)
Ontario Human Rights Code		The Ontario Human Rights Code is the province's anti-discrimination law. Everyone, which includes employers, employees (all Board employees), service providers and participants in a service (such as visitors and students on Board property or at Board related functions) are responsible for obeying the Ontario Human Rights Code. The Ontario Human Rights Code states, among other things, that every person has a right to freedom from discrimination, including harassment, in the areas of services and facilities (like schools) and employment. Under the Ontario Human Rights Code, discrimination, including harassment, in services (like schools) and employment means being treated differentially based on the grounds of: race ancestry place of origin (where you were born) colour ethnic origin citizenship creed (religion) sex sexual orientation age record of offences marital status family status (parent and child relationship) disability or perceived disability (back to top)
What is Harassment?		Harassment can be unwelcome behaviour, attention, remarks, cartoons, pictures or attention which upsets you. For the harassment policy to apply, the harassment must be because of one of the grounds in the Ontario Human Rights Code listed above. For a more complete definition of what the Peel District School Board considers harassment, see the definitions section of the Human Rights and Anti-Harassment Policy. (back to top)
What can I do if I have been discriminated against or harassed?		Immediately talk to the person and ask them to stop doing whatever is upsetting you. If you do not feel comfortable in telling the person by yourself, you can ask a friend or co-worker to come with you when you talk to the person. Tell your supervisor, (if he or she is not the person who is harassing you). Write a letter to your supervisor or someone in authority, if you do not feel comfortable in talking about what has happened Contact the Peel District School Board's Human Rights Officer to get a copy of the Human Rights and Anti-Harassment Policy and to talk about how to stop the harassment. If the person keeps harassing you after you have asked him or her to stop, you should begin to write down every time he or she harasses you. Your notes should be kept somewhere private and away from where you work. Include in your notes: what happened date and time it happened where it happened what was said or done, and who said it or did it names of any witnesses present when it happened what your response to the comment or action was at the time (for example, did you tell the person that the joke upset you and was not funny) anyone else you told about what happened. If you told a supervisor or person in authority, note any suggestions they made or what they said they would do to stop the harassment. (back to top)
Some common questions		The Human Rights and Anti-Harassment Policy talks about a "Complainant" What's that? A person who thinks that she or he has been harassed is called the "Complainant", even though the person may not make a formal written complaint. The Human Rights and Anti-Harassment Policy talks about a "Respondent" What's that? The person alleged to be the harasser in a complaint is called the "Respondent". What is a Complaint? A complaint is a brief written summary describing what happened when you felt harassed. The incidents described in the complaint will be investigated so be sure to mention everything that has happened. Will the Respondent(s) Know that I have Made a Complaint? Yes. The Respondent(s) will get a copy of your written complaint. The Respondent(s) has 15 calendar days to reply in writing to the complaint. The Respondent(s) will not be told the names of the witnesses that you identify. Who Does the Investigation? The Superintendent of Human Resources, Teaching Staff Services, assigns someone to do the investigation; this person will normally be the Human Rights Officer. The investigation includes interviews with the Complainant, the Respondent(s), all witnesses, and reviewing any documents which relate to the complaint. Who Else Will Know About the Investigation? The Superintendent of Human Resources, Teaching Staff Services will also give the Superintendent who is responsible for the Respondent(s) a copy of the complaint and a copy of the investigative report when the investigation is finished. Can Someone Represent Me or Come with Me to Meetings? Both Complainants and Respondents can be represented by another person of their choice (such as a lawyer or union representative) at any stage of the process. You will have to pay any costs for representation. What is a Remedy? The purpose of both the Ontario Human Rights Code and the Peel District School Board's Human Rights and Anti-Harassment Policy is to stop the harassment, not to punish people. A remedy is a solution to the problem of harassment. If you, as the Complainant have ideas for remedies to your complaint be sure to advise the Human Rights Officer of your remedies. Some examples of remedies include a letter of apology, or a change to policies or practices to make them fair and equitable. The Complainant can ask that the Respondent be disciplined, or even fired, but this is the most serious consequence for the most serious kinds of harassment. Your suggestions for remedies will be considered, but the final decision regarding the appropriate remedy will be made by the Superintendent of Human Resources, Teaching Staff Services. Will I Be Told the Results of the Investigation? Yes. When the investigation is finished, both the Complainant and the Respondent(s) get a copy of the investigative report. You will have 10 calendar days to put in writing any additional information that you believe was not considered and you think should have been. Witnesses do not receive a copy of the report. Is There Someone I Can Call for Further Information? The Human Rights Officer can answer any questions you might have about the complaints procedure. You can contact the Employee Assistance Program (EAP) for help in dealing with the stress of making a complaint. At any time, before, during or after you make a complaint, you can call the Ontario Human Rights Commission. (back to top) Respondent's Guide • Intro • Ontario Code • What is harrassment? • What can I do? • Common Questions Graffiti and Electronic Harassment • Intro • Staff And Teachers • Administrators, Supervisors, and Managers • Resources Complaints By Staff, Parents Or Visitors • Definition Of Terms • Procedure • Responsibility • Resources Human Rights Complaints Made By Students • Policy Statments • Definition Of Terms • Procedure • Basic Information • Investigation • Third Party Responsibility • Resources