GENERAL STATEMENTS:
Bullying and harassment are not acceptable or tolerated in the SelfDesign Learning Foundation (SDLF). This policy is specific to SDLF/C contractors whose WorkSafeBC coverage is paid for by SDLF. Families/learners experiencing bullying or harassment in the learning community please refer to Policy 3.3.1, and/or to the Anti-Bullying Policy & Procedure on the policies website.
(*Please note: WorkSafeBC uses the term ‘worker’ to define a SDLF contractor whose WorkSafeBC coverage is paid for by SDLF).
POLICY
SCOPE:
Contractors/employees, Board of Directors
Workplace conduct
Bullying and harassment is not acceptable or tolerated in this workplace. All contractors/employees will be treated in a fair and respectful manner.
Bullying and harassment
(a) includes any inappropriate conduct or comment by a person towards a contractor/employee that the person knew or reasonably ought to have known would cause that worker to be humiliated or intimidated, but that
(b) excludes any reasonable action taken by an employer or supervisor/team lead relating to the management and direction of contractors/employees or the place of employment.
Examples of conduct or comments that might constitute bullying and harassment include verbal aggression or insults, calling someone derogatory names, harmful hazing or initiation practices, vandalizing personal belongings, and spreading malicious rumours.
Contractors/Employees must:
- not engage in the bullying and harassment of others
- report if bullying and harassment is observed or experienced
- apply and comply with the employer’s policies and procedures on bullying and harassment
Application
This policy statement applies to all workers/contractors/employees, including permanent, temporary, casual, contract, student workers. It applies to interpersonal and electronic communications, such as email.
No Retaliation
No contractor/employee who, in good faith, has filed a complaint under this policy or has testified, assisted or participated in any manner in any related investigative proceeding will be discharged, or otherwise disciplined, or in any manner discriminated against because of the exercise by such contractor(s)/employee(s) on behalf of herself or others of the rights afforded by this policy. No supervisor/team lead or manager shall threaten either explicitly or implicitly that a contractor’s/ employee’s complaint or participation in an investigation will be used as the basis for employment decisions.
Any contractor/employee who believes that he/she has been discharged, disciplined, or otherwise discriminated against by any person in violation of this policy may file a written complaint to the CEO. If the complaint is against the CEO, the written complaint should be filed with the Board of Directors.
False Claims
Reports of workplace bullying and harassment must be made in good faith. A contractor/employee who intentionally makes a false claim, offers false statements, or refuses to cooperate with an investigation regarding bullying and harassment will be subject to appropriate disciplinary/corrective action.
Corrective Action
If the investigation confirms the allegation of workplace bullying as defined in this policy, SDLF will take appropriate action to prevent further bullying, which may include corrective action. Any corrective action shall be in accordance with existing SDLF contractor/employee Compliance policies. Please see Contractor/Employee Compliance Policy & Procedures.
Annual review
This policy statement will be reviewed every year. All workers will be provided with a copy and/or link to this policy.
PROCEDURES
(For Worker training, complaint forms and other information regarding Workplace Bullying & Harassment Reporting Procedures please visit the SelfDesign Policies site.
Reporting Procedures
- How to report
Contractors/employees at SelfDesign Learning Foundation, including contractors doing SelfDesign work who are not covered by SelfDesign’s WorkSafeBC insurance plan, can report incidents or complaints of workplace bullying and harassment verbally or in writing. When submitting a written complaint, please use the workplace bullying and harassment complaint form. This report will go directly to HR. When reporting verbally, the reporting contact, along with the complainant, will fill out the complaint form.
- When to report
Incidents or complaints should be reported as soon as possible after experiencing or witnessing an incident. This allows the incident to be investigated and addressed promptly.
- Reporting contact
In addition to submitting the complaint form, report any incidents or complaints to your team lead.
- Alternate reporting contact
If the employer, the complainant’s supervisor/team lead, or the reporting contact named in Step 3 is the person engaging in bullying and harassing behaviour, there is no need to notify your supervisor/team lead, and any questions can be directed to HR about the incident. If the complaint is against an individual in HR, complaints can be submitted directly to the President & CEO. If the complaint is against the CEO, complaints can be submitted directly to the SelfDesign Board.
- What to include in a report
Provide as much information as possible in the report, such as the names of people involved, witnesses, where the events occurred, when they occurred, and what behaviour and/or words led to the complaint. Attach any supporting documents, such as emails, handwritten notes, or photographs. Physical evidence, such as vandalized personal belongings, can also be submitted.
- Annual review
These reporting procedures will be reviewed on an annual basis. This procedure will be available on SelfDesign’s Policy Site.
Formal Investigation Procedure
- How and when investigations will be conducted
Most investigations at SelfDesign will be conducted internally. In complex or sensitive situations or those that may require legal intervention, an external investigator may be hired.
Investigations will:
- be undertaken promptly and diligently, and be as thorough as necessary, given the circumstances
- be fair and impartial, providing both the complainant and respondent equal treatment in evaluating the allegations
- be sensitive to the interests of all parties involved, and maintain confidentiality
- be focused on finding facts and evidence, including interviews of the complainant, respondent, and any witnesses
- incorporate, where appropriate, any need or request from the complainant or respondent for assistance during the investigation process
- use cogent and convincing evidence to evaluate the allegations
- What will be included
Investigations will include interviews with the alleged target, the alleged bully, and any witnesses. If the alleged target and the alleged bully agree on what happened, then SelfDesign will not investigate any further, and will determine what corrective action to take, if necessary.
The investigator will also review any evidence, such as emails, Zoom recordings, Talk screenshots or records, text message screenshots, notes, letters, voicemails, or videos.
- Roles and Responsibilities
The Director of Human Relations (DHR) is responsible for ensuring that workplace investigation procedures are followed. If the DHR is named in the complaint then the CEO will investigate.
*If the CEO is named in the complaint, then the process will be moved directly to the Board procedures.
All SDLF contractors/employees are expected to cooperate with investigators and provide any details of incidents they have experienced or witnessed.
In appropriate circumstances, contractors/employees may be encouraged to seek medical advice.
- External Investigators
External investigators will be included in investigations only when there are possible legal implications to the actions under investigation. In such cases, investigations will be conducted according to the external investigator protocols. All decisions made by external investigators are final. External investigation reports and conclusions will be directed to the CEO who will provide a report to the Board of Directors.
- Investigation Timeline
Within 10 days of receiving the worker complaint, the DHR will conduct investigations and will provide a written report with conclusions to the CEO. In the event that the alleged workplace bullying and harassment is being carried out by the DHR, then the CEO will take over the investigation. If the allegations are against the CEO, then the report will be given directly to the Board of Directors. The report will include recommendations regarding a course of action.
Within 10 days of receiving non-legal investigation reports , the CEO* will review the file and decide on a recommended course of action, including disciplinary actions, if required. The CEO will meet with the alleged and alleger to inform them of the decision and recommended course of action. The decision and recommendations made by the most senior executive, the CEO, will be final.
*In the case where the allegation is against or made by the CEO, the Board of Directors will review the file and decide on a recommended course of action, including disciplinary actions, if required. The Board of Directors and/or Board appointed Committee will meet with the alleged and alleger to inform them on the decision and recommended course of action. The decision and recommendations made by the Board will be final.
6. Follow-up
Within 10 days following an investigation, the DHR will review and revise (if required) workplace procedures to prevent any future bullying and harassment incidents in the workplace. Appropriate corrective actions will be taken within a reasonable time frame.
7. Record-keeping Requirements
SelfDesign expects that contractors/employees will keep written accounts of incidents to submit with any complaints. SelfDesign will keep a written record of investigations, including the findings.
A copy of the signed final outcome and incident report will be submitted to Human Relations for inclusion in the alleged/alleger’s personnel files.
ANNUAL REVIEW OF POLICY AND PROCEDURES
These procedures will be reviewed annually. All workers will be provided with access to the SelfDesign Policies site in their Welcome Letter.
Relevant Legislation
EFFECTIVE: June 16, 2017
REVISED: May 8, 2024