Society for Students with a Disability (SSD) Anti-Harassment Policy

Purpose

The SSD aims to provide its members and employees with a safe space. To this
end, harassment is not tolerated, and can be a reason for disciplinary action or
exclusion from the SSD’s space and services.

Definitions

1. Harassment is:

  • humiliating someone physically or verbally;
  • sexual harassment, as defined in UVic’s Policy GV0205;
  • threatening or intimidating behaviour towards someone; or
  •  making abusive and demeaning comments about someone’s disability,
    race, national or ethnic origin, colour, religion, age, sex, sexual
    orientation, marital status, family status, or pardoned conviction.

2. Harassment is not:

  • conflict or disagreement between persons;
  • evaluation and criticism of job performance;
  • appropriate use of discipline procedures; or
  • behaviour which causes, by an objective standard, only minimal and
    fleeting harm.

3. The following additional definitions shall apply in this document:

  • “SSD” or “the Society” refers to the Society for Students with a Disability;
  • “UVSS” refers to the University of Victoria Students’ Society;
  • “UVic” refers to the University of Victoria;
  • “EQHR” refers to the Office of Equity and Human Rights at UVic;
  • “Council” or “the Council” refers to the Council of the SSD;
  • “Members” refers to the members of the SSD;
  • “Council Members” refers to members of the Council; and
  • “the Collective Agreement” refers to the Collective Agreement between
    the UVSS and United Steelworkers.

Limitations

4. Nothing in this policy should be understood to contradict the Constitution
and Bylaws of the SSD.

5. Nothing in this policy should be understood to contradict the Constitution
and Bylaws or policies of the UVSS. In particular, this Policy aims to
complement, but not in any way to supersede or detract from, the UVSS
Anti-harassment Policy.

6. Nothing in this policy should be understood to contradict the Collective
Agreement. If any employee of the Society who is a member of United
Steelworkers is the victim of harassment, they will have all the rights available
to them under the Collective Agreement in addition to the option of filing
complaints under the processes set forth in this Policy.

Consultation

7. If any employee, volunteer, or Member of the Society feels that they may be
the victim of harassment originating from a Council Member or employee of
the Society, or any individual feels that they may be the victim of
harassment in the Society’s space, or if anyone is a witness to such
harassment, they may confidentially consult the President (Chairperson),
who shall endeavour to provide advice and guidance.

8. Whereas the the Society voluntarily agrees under UVic’s Policy GV0205,
8.00(a), to submit to the processes of UVic’s Policy GV0205, Society
employees are advised that they have the right to confidential consultation
with the Director of EQHR.

9. Whereas Members of the Society are students at UVic, Members are advised
that they also have the right to confidential consultation with the Director of
EQHR.

Harassment Complaints against Council Members or Employees

10. If any employee, volunteer, or Member of the Society is the victim of
harassment originating from a Council Member or employee of the Society,
or any individual is the victim of harassment originating from a Council
Member or employee of the Society in the Society’s space, that individual
may file a harassment complaint against that Council Member or employee
with the Council or EQHR.

11. Should a complaint against a Council Member or employee of the Society
be filed with EQHR, the Society voluntarily agrees under UVic’s Policy
GV0205, 8.00(a), to submit to the processes of UVic’s Policy GV0205.

12. Should a complaint against a Council Member or employee of the Society
be filed with the Council, the Council will make every effort to resolve the
complaint within 30 days. The Council will, where appropriate, offer
mediation to both parties, under the conditions that the mediator be
agreed to by both parties and that each party to the complaint may be
accompanied and supported by an additional person of their choosing.

13. Should mediation be inappropriate or unsuccessful, the Council will arrange
for a qualified third party investigator to investigate the complaint and
prepare a report determining whether harassment occurred.

14. If the complaint is substantiated by the qualified third party investigator, the
Council may:

  • issue a reprimand, suspension, or dismissal to an employee who is not
    subject to the Collective Agreement;
  • take appropriate action under the Collective Agreement against an
    employee who is subject to the Collective Agreement; or
  • resolve to call a Special General Meeting for the purpose of removing a
    Council Member from office.

15.While a complaint against a Council Member or employee is in process, the
Council may take interim measures to protect any party, provided that all
parties are treated fairly. Examples of such interim measures may include:

  • having work performance supervised and assessed by an alternative
    supervisor; or
  • making alternative work arrangements to limit contact between parties.

16. Where a harassment complaint is directed against a Council Member, that
Council Member is regarded as being in conflict of interest and,
notwithstanding the SSD Council Policy, will not participate in or be a party
to any in camera discussion related to the harassment complaint or to the
other party to the complaint.

Other Harassment

17. If any employee or volunteer of the Society is the victim of harassment from
an individual other than a Council Member or employee of the Society, or is
witness to such harassment directed towards a Member, they may, at their
discretion, refuse to provide services to the person who perpetrated the
harassment and request that they leave the Society’s space.

18. If any employee, volunteer, or Member of the Society is the victim of
harassment from an individual other than a Council Member or employee of
the Society, they may also address a complaint to the Council or to EQHR.

19. Should a complaint against an individual other than a Council Member or
employee of the Society be filed with the Council, the Council may add that
individual’s name to a list of persons who are not permitted to enter the
Society’s space or obtain services from the Society. The Council shall
determine whether the ban shall be life-long or have a specified duration.

20. Should a complaint against an individual other than a Council Member or
employee of the Society be filed with EQHR, the Society voluntarily agrees
under UVic’s Policy GV0205, 8.00(a), to submit to the processes of UVic’s
Policy GV0205.

Confidentiality

21. The Council will take all reasonable and appropriate action to ensure that
the confidentiality of all parties to a harassment complaint is respected.