house admin harassment policy

8/10/2019 House Admin Harassment Policy

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Approved by BOIE - June 2001August 2003 (updated)

1. Introduction

Every person employed by the House of Commons Administrationhas the right to be treated with dignity and respect and has aresponsibility to treat others in the same way. The organizationvalues its employees and their individual contributions andrecognizes that employees work best when they are provided with ahealthy workplace environment.

Mutual respect is a fundamental principle of all good humanrelations. The House of Commons Administration is committed to

providing a work environment that is free of harassment anddiscrimination. A harassment prevention program has beendeveloped to provide employees and managers with the educationand resources required for achieving this goal.

In order for this program to be successful, all managers must assumeresponsibility for the way in which business is conducted in theirservice area. They should manage their workplace in a manner thatpromotes a harassment-free environment and early conflictresolution. Additionally, each and every person employed by theHouse of Commons Administration is responsible for conducting himor herself in a respectful, courteous and appropriate manner.

The House of Commons Administration cannot prevent orresolve harassment without the support of its managers

and employees.

Every manager and employee must assumeresponsibility.

2. Object ive

The objective of this policy is to state the House of CommonsAdministration's position on harassment in the workplace and tooutline mechanisms for preventing and resolving harassmentcomplaints.


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3. Statement

Harassment is unacceptable and will not be tolerated. The House ofCommons Administration is committed to providing a positive workenvironment that is free of harassment and discrimination. TheAdministration provides persons that it employs with mechanisms to

resolve potential harassment situations early and takes appropriateand prompt action when harassment is found to have occurred in theworkplace.

A harassment prevention program has been developed. The Advisor,Harassment Prevention Program has the responsibility ofimplementing the policy directives, delivering the Program, andmonitoring its effectiveness.

4. Principles

The House of Commons Administration will endeavour to uphold the

following principles:

Provide a Harassment Free Environment:The organization willprotect the right of persons employed by the House of CommonsAdministration to work in a harassment-free environment and willensure that managers and employees take appropriate action toprotect others in the workplace by helping to create a harassment-free environment.

Provide Competent Address and Resolution:The House ofCommons Administration will encourage the reporting of all potentialharassment incidents and provide mechanisms for competent,

expedient, confidential and fair address and resolution of harassmentcomplaints.

Respect Confidentiality:The House of Commons Administrationwill respect the confidentiality of all inquiries, whether or not theylead to a complaint of harassment. All persons involved in aharassment complaint are expected to take the necessary action toensure the confidentiality of complaints. All documents gatheredduring the course of a harassment complaint will be treated in amanner that respects their personal nature.

5. Application

This Policy applies within the House of Commons Administrationworkplace and to all persons employed by the House of CommonsAdministration, including indeterminate and term employees andemployees on assignment to or from other departments or agencies.

Where a complaint is made against or by a person who is not anemployee of the House Administration, appropriate steps will betaken.


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6. Definitions

Abuse of Authority:a form of harassment that occurs when anindividual misuses the power and authority inherent in his or herposition to endanger an employee's job, undermine the performanceof that job, threaten the economic livelihood of the employee, or in

any way improperly interfere with, or inappropriately influence thecareer of the employee.

Abuse of authority may include but is not limited to:

reprimanding an employee in front of others; unjustifiably withholding information so as to interfere with an

employee's work; taking advantage of his/her position to exploit, intimidate,

threaten, blackmail, compromise, mistreat or coerce others.

Conduct involving the proper exercise or responsibilities or authority

related to the provision of advice and/or the assignment of work,counselling, performance evaluation, appropriate disciplinary andother supervisory/leadership functions does not constitute abuse ofauthority.

Harassment:any improper behaviour by a person that is directedat, and is offensive to, any employee of the House of CommonsAdministration and which that person knew or ought reasonably tohave known would be unwelcome. It comprises any objectionableconduct, comment or display made either on a one-time or acontinuous basis that demeans, belittles, or causes personalhumiliation or embarrassment to an employee.

It includes harassment based on the following prohibited grounds ofdiscrimination: race, national or ethnic origin, colour, religion, age,sex, sexual orientation, marital status, family status, physical ormental disability, or conviction for an offence for which a pardon hasbeen granted.

Harassment may include but is not limited to:

discriminatory, sexist or offensive remarks, jokes, taunts,gestures, e-mails or offensive pictures that causeembarrassment or discomfort;

harassment complaints that are frivolous or made in badfaith; andthreats, intimidation or retaliation against an individual whohas initiated a harassment complaint or acted as a witness orsupport person for the resolution of a harassment complaint.


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Sexual Harassment:a form of harassment involving any act,conduct, comment, gesture or contact of a sexual nature, whether ona one-time or recurring basis, that might reasonably be expected tocause offence or humiliation, or might reasonably perceive as placinga condition of a sexual nature on employment or an opportunity fortraining or promotion.

Sexual harassment may include but is not limited to:

demands for sexual favours or sexual assault; inappropriate or unwanted physical contact such as touching,

patting or pinching; insulting comments, gestures and practical jokes of a sexual

nature that cause discomfort or embarrassment; and inappropriate inquiries or comments about an individual's sex

life.

7. Requirements

Managers are responsible for informing House of Commonsemployees of the policy on the Prevention and Resolution ofHarassment in the Workplaceand of the HarassmentPrevention Program as well as the name and address of theAdvisor, Harassment Prevention Program.

The House of Commons Administration must providemandatory training for all managers and employees on thePrevention and Resolution of Harassment in the Workplacepolicyand on preventing harassment in the workplace.

Alternate dispute resolution techniques should be used toresolve situations. Mediation must be offered in allegedharassment situations before an investigation is initiated. The

complaint process must be completed promptly, ideally withinsix months.

Harassment in the workplace is subject to corrective and/ordisciplinary action up to and including termination ofemployment, which will be applied irrespective of hierarchicallevel within the organization. Corrective and/or disciplinaryaction must be timely in all situations of harassment.


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8. Procedures

8.1 Preventing Harassment in the Workplace and Resolving Conflict Early

Whenever people interact, there is a potential for conflict. When it isfocussed on work and handled constructively with respect for

differences, conflict may challenge our thinking in constructive ways.

Not all conflict is, however, healthy. Problems can stem frompersonality conflict, lack of communication, misunderstandings orbasic differences in viewpoint, which may result in inappropriateworkplace behaviour, emotional stress, physical problems, abuse, orharassment.

Some conflict, particularly if it is prolonged and carried to theextreme of harassment, hurts everyone. Individuals may experienceemotional stress and may have difficulty performing tasks. Prolongedemotional stress may also lead to physical problems. Conflict can

also undermine morale, lead to absenteeism, low productivity, highstaff turnover and it can stifle ideas and initiative.

Using the Harassment Prevention Program to resolve conflict

The goal of early conflict resolution is to resolve any conflict orpotential harassment situation as quickly as possible, in a fair andrespectful manner, before it escalates into potential harassment,which could result in a complaint being filed.

The Harassment Prevention Program has been developed to provideemployees and managers with the education and resources required

for achieving this goal. The Program is the commitment to provideregular mandatory training sessions on the Policy on the Preventionand Resolution of Harassment in the Workplace, harassmentawareness, sensitivity, communication and early conflict resolutionstrategies. Acting as a neutral, objective resource person, theadvisor, Harassment Prevention Program is available to provideadvice and information to employees and managers on ways ofpreventing, recognizing and resolving workplace conflict andharassment.

Responsibility for resolving conflict

All persons employed by the House of Commons Administrationshould make every effort to resolve a conflict or a potentialharassment situation with open communication and a cooperativespirit, as well as making use of conflict resolution techniques thatmay be provided to them by the advisor, Harassment PreventionProgram.


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Management must make every effort to resolve a situation betweenparties as quickly as possible. If a manager becomes aware ofconflict or potential harassment in the workplace, he or she may wishto facilitate the situation or contact the advisor, HarassmentPrevention Program who will provide either the internal or externalresources for facilitation or mediation, as required, to help resolve

the situation.

The Employee Assistance Program is a confidential, external servicethat is also available to all employees of the House of CommonsAdministration to help them with problems of a personal nature.

8.2 Options for Resolving Harassment Complaints

In resolving harassment complaints, the House of Commons, throughits Harassment Prevention Program, offers a number of options toemployees in order to assist them in resolving harassmentallegations.

Talk to the person directly

The individual is encouraged to directly talk or write a letter to theperson with whom they are in conflict, explaining the problem andasking that the behaviour stops. However, it should be noted that anemployee who feels harassed is not obligated to resolve the situationdirectly with the other person.

If the situation is not resolved or if the individual is unable to dealdirectly with the person, he or she could meet with his or hersupervisor, the advisor, Harassment Prevention Program, or another

person in authority, in an attempt to find a solution.

Seek the assistance of a third party

The individual may ask for the support or advice from a third partysuch as the advisor, Harassment Prevention Program, his or hermanager, a union representative, a friend, or a colleague, beforeapproaching the other person.

Alternate dispute resolution techniques such as facilitation andmediation are offered to all employees as part of the HarassmentPrevention Program in order to assist them in resolving the situation.

File a formal harassment complaint

An employee may file a formal harassment complaint with his or hermanager or with the advisor, Harassment Prevention Program. If aformal complaint is made and retained (following its review by theadvisor, Harassment Prevention Program), and the situation cannotbe resolved through the use of alternate dispute resolutionprocesses, then an investigation into the complaint will be initiated.


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8.3 Procedures for Resolving Formal Harassment Complaints

8.3.1 Filing a formal harassment complaint

An employee may file a formal harassment complaint with his or hermanager or with the advisor, Harassment Prevention Program. If the

complaint is filed with the manager, the manager will immediatelyinform the advisor, Harassment Prevention Program of the complaint.If the complaint is submitted in writing, the manager will forward theoriginal document to the advisor, Harassment Prevention Program.

The complaint must include the nature of the allegations; the nameof the respondent; and the relationship of the respondent to thecomplainant, (i.e., supervisor, colleague); date and description of theincident(s); and, if applicable, the names of witnesses. Theinformation provided should be as precise and concise as possible.

The complaint must be submitted within one year of the last alleged

incident (unless there are extenuating circumstances, such as illness)if they are to be pursued by the House of Commons Administration.

8.3.2 Acknowledgement and review of the complaint

Upon reception of the complaint, the advisor, Harassment PreventionProgram will immediately acknowledge the complaint in writing and ifappropriate, inform the complainant's manager or the appropriateauthority, so that if any preventative and/or precautionary measuresare required, they may be implemented as soon as possible.Reasonable effort will be made to accommodate a physical orhierarchical relocation, if required.

The advisor, Harassment Prevention Program will then review andretain the complaint providing that:

it has been filed within one year of the allegedincident(s) leading to the complaint (unless there areextenuating circumstances);

there has not been any grievance filed by thecomplainant for any of the same or substantially thesame incident(s);

it includes all of the above-mentioned information(such as nature of incident, date(s), etc.).

If the complaint is not retained, the advisor, Harassment PreventionProgram will advise the complainant and his or her manager, inwriting, of this decision along with the rationale.

If the complaint is retained, the advisor, Harassment PreventionProgram will advise the complainant, in writing, as to its retention.


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8.3.3 Retention of the complaint

Once the complaint has been retained, the advisor, HarassmentPrevention Program will review the matter to determine if the allegedfacts meet the harassment definition in the Policy on the Preventionand Resolution of Harassment in the Workplace and, if necessary to

determine this, may seek additional information.

If the Advisor, Harassment Prevention Program concludes that thealleged facts related to the complaint do not meet the definition ofharassment, or concern a labour relations matter, the complainantwill be notified immediately and will be redirected to the appropriaterecourse mechanism.

If the alleged facts meet the definition of harassment, the advisor,Harassment Prevention Program will accordingly advise thecomplainant in writing.

8.3.4 Informing the respondent and the respective managers

The Advisor, Harassment Prevention Program will then advise therespondent of the complaint, review the policy with him or her, andprovide him or her with a copy of the written complaint. Therespondent can respond to the allegations, in writing. The Advisor,Harassment Prevention Program will then advise the complainant'sand respondent's manager(s) of the nature of the complaint, providethem with a copy of the policy, if required, and advise both partiesand their managers that immediate resolution will be sought. TheAdvisor, Harassment Prevention Program will also advise the Directorof Human Resources (the Advisor, Harassment Prevention Program'ssupervisor) that a complaint has been filed and provide him or herwith the names of the parties and the service areas within which theywork.

8.3.5 Exploring options for resolving the harassment complaint

In order to resolve the harassment complaint, the Advisor,Harassment Prevention Program will explain the available options tothe complainant and the respondent, such as mediation andinvestigation.

The mediation process

Both parties are strongly encouraged to consider resolving thesituation through mediation; however, the approval of both thecomplainant and the respondent is required prior to its initiation.


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Harassment complaints may be mediated with the help of internal orexternal mediators. The Advisor, Harassment Prevention Program isavailable to mediate situations directly, or may solicit the assistanceof external expertise. The choice as to whether to use an internal orexternal mediator must be agreed to in advance by both parties. TheAdvisor, Harassment Prevention Program maintains a list of

experienced external mediators who have been pre-approved by aselection committee comprised of managers and unionrepresentatives. If external mediation is requested, the Advisor,Harassment Prevention Program will provide the names of two suchmediators from which the complainant and the respondent mayselect.

The complainant and the respondent may each be accompanied by asupport person of their choice during the mediation or investigationprocess(es). At the end of the mediation session, providing anagreement is reached, a written agreement is drafted and signed byboth parties outlining what they have agreed to in order to redressthe situation. This agreement is a confidential document and copiesare only given to the complainant, respondent and, for the purposesof following-up, the Advisor, Harassment Prevention Program.

If mediation is not chosen, or if it fails, the Advisor, HarassmentPrevention Program will initiate an investigation into the harassmentcomplaint. At any time during the investigation of a complaint,mediation may be used, providing both parties agree.

8.3.6 Initiating an investigation process

The Advisor, Harassment Prevention Program will hire an externalinvestigator from a list of experts, who have been pre-approved by a

selection committee comprised of managers and unionrepresentatives. It should be noted that the chosen investigator isnever the same person as the mediator (if any).

The Advisor, Harassment Prevention Program will then initiate andmonitor the investigation and provide the complainant, therespondent and the respective manager(s) with regular updates onthe process, respecting the confidentiality of all persons involved.

The investigator will review formal written complaint and the factsand then interview the complainant, respondent and witnesses. Eachindividual will be interviewed separately and will be required to sign

his or her statement, indicating agreement. The investigator will thendetermine, based upon a balance of probabilities, whether thecomplaint is:

substantiated; partially substantiated; not substantiated; or frivolous or in bad faith


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8.3.7 Communication of the draft investigation report to the complainantand the respondent

Once the investigator has completed his/her investigation, a draftinvestigation report will be given to the Advisor, HarassmentPrevention Program who will then distribute it to the complainant and

the respondent for their review. Once received, the complainant andthe respondent have 10 working days to submit, in writing, anycomments on the draft to the Advisor, Harassment PreventionProgram. The comments received from the complainant and therespondent will be submitted to the investigator for consideration.The draft investigation report will be treated in a manner thatrespects the personal information contained in the report.

8.3.8 Communication of the final investigation report and investigator'sfindings

The investigator will advise the Advisor, Harassment Prevention

Program of the final findings and provide him or her with the originalcopy of the final investigation report. The advisor, HarassmentPrevention Program will then provide a copy of the InvestigationReport, with a letter of confirmation, to the complainant and therespondent within 10 working days of receiving it from theinvestigator. At that time the Advisor, Harassment PreventionProgram will inform the complainant and respondent of their right toappeal the investigation findings within 15 working days of receivingthe report. In the case of an appeal, a copy of the investigationreport will also be distributed to the members of the Appeal Panel.

After the 15 working day appeal period ends, providing that neitherparty has filed an application for appeal, the a dvisor, Harassment

Prevention Program will send a written notice to the complainant'sand respondent's manager(s) outlining whether the complaint wassubstantiated, partially substantiated, not substantiated, frivolous orin bad faith.

Should the respondent feel that his or her reputation has beencompromised in cases where a complaint has been found to beunsubstantiated, frivolous or in bad faith, he or she may request inwriting to the Advisor, Harassment Prevention Program that allparties involved be communicated the outcome of the investigation.The Advisor, Harassment Prevention Program will orally advise anywitnesses as to the investigator's findings of a complaint to be found

unsubstantiated. If corrective and/or disciplinary measures are to betaken, then the Advisor, Harassment Prevention Program will alsoadvise the Staff Relations advisor of the findings.

The investigation report will be treated in a manner that respects thepersonal information contained in the Report.


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8.3.9 Appealing an investigator's findings

If unsatisfied with an investigator's findings, the complainant or therespondent may appeal the investigation report within 15 workingdays of its receipt.

The notice of appeal must be made in writing to the Clerk, or his orher designate, and set forth grounds upon which the review of theinvestigation report is sought. A copy of the notice of appeal will bedelivered to the Advisor, Harassment Prevention Program.

The Advisor, Harassment Prevention Program will postpone advisingthe managers, witnesses and Staff Relations advisor of theinvestigator's findings until after the appeal process has beencompleted.

8.3.10 Striking of the appeal panel

Within 10 working days of receiving the notice, the Clerk, or his orher designate, shall strike an appeal panel. In the interest ofconducting an impartial review process, the three members of theappeal panel shall be selected as follows:

An employee occupying a senior managementposition;

An employee not occupying a supervisory ormanagement position; and

An external expert [chosen from a pre-approved list]who shall act as chair of the appeal panel.

The members of the appeal panel shall not have direct workingrelationship with the complainant or the respondent, directinvolvement in the complaint or be likely to be involved in anysubsequent processes relating to the complaint. In cases where thecomplainant and the respondent are both employees occupying asupervisory or management position, both employees selected will beemployees occupying management positions. Whenever practicable,the employees selected will be from a different service area than thecomplainant and the respondent. The Clerk, or his or her designate,will inform the complainant, the respondent and the Advisor,Harassment Prevention Program of the names of the members of theappeal panel.


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8.3.11 Appeal process and outcome

An appeal may be allowed on any one or more of the followinggrounds:

a.

there is new information which was not available

during the original investigation and could have amaterial impact on the findings of the investigationreport;

b.

based on the evidence cited in the investigation report,the findings or some of the findings seemunwarranted;

c.

there is material evidence of bias on the part of theinvestigator; or

d. there was a serious breach of the principles of naturaljustice, including due process.

In deciding the appeal, the appeal panel may:

a.

review all documents considered by the investigator inthe preparation of the report, including any tapedhearings or interviews, if any;

b.

receive written or oral submissions from thecomplainant and respondent and from such otherpersons as the appeal panel may consider necessary inorder to dispose of the appeal; and

c.

consult any technical expert, including the Advisor,Harassment Prevention Program and the Law Clerk andParliamentary Counsel, as the appeal panel mayconsider necessary in order to dispose of the appeal.

Once the appeal panel has completed its review of the matter, theappeal panel will either:

a.

affirm the investigation report, with or withoutrevisions, in relation to such matters as may be raisedin the appeal;

b.

set aside the findings of the investigation report andorder a new investigation; or

c. set aside the findings of the investigation report.

The Appeal Panel will provide a written decision, with reasons, to thecomplainant, respondent and the Advisor, Harassment Prevention

Program following the completion of the appeal process. The appealpanel's decision constitutes final disposition of the appeal under thePolicy on the Prevention and Resolution of Harassment in theWorkplace.


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8.3.12 Implementing corrective and/or discipl inary measures

Following the communication of the investigation's outcome or theappeal's outcome, the Advisor, Harassment Prevention Program willmeet with the appropriate manager and brief him or her on the finalinvestigation report findings.

The manager must consult a Staff Relations advisor to seek arecommendation regarding corrective and/or disciplinary action. TheStaff Relations advisor will orally inform the advisor, HarassmentPrevention Program as to his or her recommended corrective and/ordisciplinary measures.

If there are extenuating circumstances where the manager choosesnot to implement the Staff Relations advisor's recommendation oncorrective and/or disciplinary measures, the manager must informhis or her service head in writing of the reasons, and send a copy tothe Director of Human Resources.

The Advisor, Harassment Prevention Program will follow up andensure that all required corrective and/or disciplinary measures areimplemented.

8.3.13 Other recourse - grievance

An employee may choose to file a harassment complaint through thegrievance procedure in application at the House of Commons;however, a harassment complaint pursued as a grievance may notsubsequently be pursued through the procedures outlined in thispolicy. A harassment complaint may not simultaneously be pursued

by the redress mechanism(s) of this Policy and those of a grievanceprocedure. Once a grievance is filed on allegations of the same orsubstantially the same nature as those submitted in an activecomplaint under the policy, the complaint shall be deemedwithdrawn.

8.3.14 Safekeeping of documents

The harassment complaint file contains all documentation gatheredduring the resolution of a harassment complaint, including theoriginal complaint, the investigation report and all statements,correspondence, and evidence gathered during the investigation.

During the course of an investigation, all harassment complaint fileswill be recorded as an official record, securely kept in the office of theAdvisor, Harassment Prevention Program under lock and key, andaccessed only by the Advisor, Harassment Prevention Program. Inthe absence of the Advisor, the director of Human Resources willhave access to the harassment files.


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Once the investigation is complete and the appeal period has passed(or in the case of an appeal, once the appeal is complete), all fileswill be sent to the Director of Human Resources for storage in alocked vault for a two-year retention period. Access to these files isrestricted. The only individual able to access them is the Advisor,Harassment Prevention Program. After a two-year period has

expired, the Advisor will notify the employee and the employee'smanager in writing that the records have been destroyed.

When corrective and/or disciplinary measures are taken as a result ofa harassment complaint, the Staff Relations Advisor will place a copyof the letter in the respective employee's personnel file and advisethe employee accordingly. Access to disciplinary letters in personnelfiles is restricted to the Staff Relations manager and advisors and thedirector of Human Resources. Should the employee, the employee'smanager, or the director of HR request viewing of the disciplinaryletter he or she may do so only in the presence of a Staff Relationsadvisor. Resource Information Management will retain the letter onfile for:

a. a period of two years after the corrective and/ordisciplinary action was taken, provided that no furtherdisciplinary action was recorded during the two years;or

b. the time limit that is specified in applicable collectiveagreements;

following which time, the Staff Relations Advisor will authorize theshredding of the document.

9. Rights and Responsibilities of the Complainant and the Respondant

9.1 Rights of the complainant and the respondent

COMPLAINANT RESPONDENT

receive fair and equitabletreatment;

receive fair and equitabletreatment;

submit a complaint ofharassment and have itreviewed in a prompt,sensitive, and impartial

manner, without fear ofembarrassment orretaliation;


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If the Advisor,Harassment PreventionProgram concludes thatthe alleged facts relatedto the complaint do notmeet the definition of

harassment, or concern alabour relations matter,the complainant will benotified immediately andwill be redirected to theappropriate recoursemechanism.

be informed by theAdvisor, HarassmentPrevention Program that awritten complaint thatfalls within the scope ofthe policy has been

received; be informed in writing of

the allegations; be provided with the

opportunity to respond toa written complaint ofharassment against himor her. The response canbe submitted in writing, ifdesired;

be provided with a copy of

the Policy on thePrevention and Resolutionof Harassment in theWorkplaceand thesupporting documents,and be advised of his orher rights andresponsibilities under thepolicy;

be provided with a copy of

the Policy on thePrevention and Resolutionof Harassment in theWorkplaceand thesupporting documents,and be advised of his orher rights andresponsibilities under thepolicy;

be informed of the optionsavailable for complaint

resolution includingalternate disputeresolution (ADR) methodssuch as facilitation andmediation;

be informed of the optionsavailable for complaint

resolution includingalternate disputeresolution (ADR) methodssuch as facilitation andmediation;

be accompanied by asupport person of his orher choice duringmediation, investigationor appeal processes andbe advised of the protocol

that will be followedduring each;

be accompanied by asupport person of his orher choice duringmediation, investigationor appeal processes andbe advised of the protocol

that will be followedduring each;


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be advised of theinvestigation protocol andthe need forconfidentiality, provide

the names of witnesses,obtain information relatedto the status of theinvestigation, and receivea copy of the investigationreport;

be advised of theinvestigation protocol andthe need forconfidentiality, provide

the names of witnesses,obtain information relatedto the status of theinvestigation, and receivea copy of the investigationreport;

appeal the investigator'sfindings, be informed ofthe composition of theappeal panel, inform thepanel of his or her

concerns and receive adecision with reasonsfrom the panel;

appeal the investigator'sfindings, be informed ofthe composition of theappeal panel, inform thepanel of his or her

concerns and receive adecision with reasonsfrom the panel;

be assured that theinformation regarding thecomplaint is not placed onhis or her personnel file,with the exception ofcorrective and/ordisciplinary measures

arising from a frivolous orbad faith complaint;

be assured that theinformation regarding thecomplaint is not placed onhis or her personnel file,with the exception ofcorrective and/ordisciplinary measuresarising from a

substantiated or partiallysubstantiated

be advised as to whethercorrective and/ordisciplinary measureswere taken against therespondent in the casewhere a complaint wasfound substantiated orpartially substantiated;

be advised as to whethercorrective and/ordisciplinary measureswere taken against thecomplainant in the case ofa frivolous or bad faithcomplaint;

provide written consentfor the distribution of theinvestigation report toother persons notspecified in the policy;and

provide written consentfor the distribution of theinvestigation report toother persons notspecified in the policy;and


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provide written consentfor the viewing of thearchived complaint file byan individual.

provide written consentfor the viewing of thearchived complaint file byan individual.

9.2 Responsib ilities of the Complainant and the Respondent

COMPLAINANT RESPONDENT

consider addressing thematter directly with therespondent

raise the matter with the

immediate supervisor, orif the supervisor is therespondent, with a higherauthority;

cease immediately any

improper behaviour whenrequested to do so by acomplainant or asupervisor;

respect confidentiality atall times during andfollowing the completionof the harassmentcomplaint resolutionprocess;

respect confidentiality atall times during andfollowing the completionof the harassmentcomplaint resolutionprocess;

clearly state theallegations of theircomplaint, providingsufficient details of theincident(s) such as time,place and participants inorder to assist in theassessment and resolutionof the complaint;

promptly and clearlyrespond to the allegationsof a complaint againstthem, and if possible,provide details of theincident(s) involved, suchas time, place, andparticipants, to assist inassessing and resolvingthe complaint;

seek the assistance of his

or her immediatesupervisor, the nextmanagement level, or theAdvisor, HarassmentPrevention Program assoon as possible with theintention of resolving thesituation;

seek the assistance of his

or her immediatesupervisor, the nextmanagement level, or theAdvisor, HarassmentPrevention Program assoon as possible with theintention of resolving thesituation;


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inquire as soon aspossible about the optionsavailable to him or her inorder to resolve theconflict;

inquire as soon aspossible about the optionsavailable to him or her inorder to resolve theconflict;

make a reasonable efforttowards resolving thesituation through the useof alternate disputeresolution methods,

make a reasonable efforttowards resolving thesituation through the useof alternate disputeresolution methods;

consider the use ofmediation prior to theinitiation of aninvestigation;

consider the use ofmediation prior to theinitiation of aninvestigation;

participate in acooperative fashion in theresolution process beingpursued, including theresponsibility to respondpromptly to requests forinformation, and beavailable for meetingswith the advisor,Harassment PreventionProgram, the mediatorand /or the investigator,

and the appeal panel;

participate in acooperative fashion in theresolution process beingpursued, including theresponsibility to respondpromptly to requests forinformation, and beavailable for meetingswith the advisor,Harassment PreventionProgram, the mediatorand/or the investigator,

and the appeal panel;

respect the terms of theagreement if thecomplaint is resolvedthrough mediation; and

respect the terms ofagreement if thecomplaint is resolvedthrough mediation; and

do not discuss thecomplaint with anyoneexcept the personsresponsible for itsresolution, or other

advisor(s).

do not discuss thecomplaint with anyoneexcept the personsresponsible for itsresolution, or other

advisor(s).


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In the event of a formal harassment complaint, the Director ofHuman Resourceswill:

respect confidentiality at all times; receive a copy of the investigation report; monitor the implementation of corrective and/or disciplinary

measures to ensure consistency; and receive the manager's rationale for not implementing the Staff

Relations Advisor's recommended corrective and/ordisciplinary measures and inform the Advisor, HarassmentPrevention Program accordingly.

10.4 Director of Policy and Financial Planning

The Director of Policy and Financial Planningis responsible fordeveloping, communicating, reviewing and updating the Policy on thePrevention and Resolution of Harassment in the Workplace, inconsultation with key stakeholders.

10.5 Managers

All managersare responsible for managing their workplace in amanner that promotes a harassment-free environment. They areresponsible for promptly putting an end to any harassment that theybecome aware of, whether or not a complaint has been made. Allmanagers are responsible for ensuring that their employees arefamiliar with the Policy on the Prevention and Resolution ofHarassment in the Workplaceand attend the mandatory awarenesssessions on the policy and on harassment prevention.

In the event of a harassment complaint, the managerwill:

respect confidentiality at all times; inform the Advisor, Harassment Prevention Program of the

harassment complaint; determine, in consultation with the Advisor, Harassment

Prevention Program, whether there is a need to physically orhierarchically relocate the respondent or complainant;

monitor the situation until it is fully resolved or until correctiveand/or disciplinary measures have been taken;

receive a notice of the investigator's findings from theAdvisor, Harassment Prevention Program;

consult with Staff Relations on the appropriate corrective

and/or disciplinary measures, if required. If there areextenuating circumstances and the manager chooses not toimplement the Staff Relations' recommendation on correctiveand/or disciplinary measures, the manager must inform theservice head in writing of his or her reasons, and send a copyto the Director of Human Resources;

implement any required corrective and/or disciplinarymeasures;


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re-establish a positive workplace environment and ensure thatany actions required to resolve any issues and reducenegative feelings are taken;

monitor the situation for a period of up to two years following

the resolution of the complaint; and review the Policy on the Prevention and Resolution of

Harassment in the Workplacewith his or her employees.

10.6 Persons employed by the House of Commons Administration

Persons employed by the House of Commons Administrationwill:

prevent conflict and harassment by contributing to anatmosphere of mutual trust, support and respect;

be familiar with this policy and the related documentation;

ensure their behaviour is in accord with the Policy; change their behaviour as necessary when reasonably aware

or advised that another individual objects to their behaviouror words;

identify behaviour, words or signs that they find offensive andindicate that such behaviour or words are unacceptable;

approach his or her manager, the appropriate level ofauthority or the Advisor, Harassment Prevention Program forguidance on how to deal with possible harassment;

understand that retaliation against any individual associatedin any way with a complaint under this Policy is consideredharassment;

understand that persons employed by the House of Commons

Administration who deliberately make false statements will besubject to disciplinary measures; and

be aware of their responsibility as potential witnesses.

10.7 Advisor, Harassment Prevention Program

The advisor, Harassment Prevention Programis responsible fordeveloping and delivering the Harassment Prevention Program. Theadvisor works in partnership with the Policy team of the Policy andFinancial Planning Directorate in the FHRD to advise the House ofCommons on the implementation of the Policy on the Prevention andResolution of Harassment in the Workplace, and related practices,

issues and trends. The Advisor is also responsible for providingmandatory training on preventing harassment in the workplace,developing conflict resolution skills; and for providing availableinformation and documentation as necessary. The Advisor,Harassment Prevention Program is responsible for ensuring that thepersons involved in a harassment complaint are provided withaccurate and timely information to aid them in reaching a fair,competent and expedient resolution of the complaint.


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In the event of a harassment complaint, the Advisor, HarassmentPrevention Programwill:

respect confidentiality at all times; receive, acknowledge, and review the harassment complaint; advise all persons involved of the policy, their responsibilities,

and the options for conflict resolution; hire the appropriate resource persons as required, such as

mediators or investigators; receive the investigation report; provide a copy of the draft and final investigation report to

each of the complainant, the respondent and the Director ofHuman Resources, and, in the event of an appeal, the appealpanel;

send a letter of confirmation to each of the parties confirmingthat they were provided with a copy of the investigationreport and advising them of their right to appeal the findings;

communicate, in writing, the Investigator's findings to thecomplainant's and respondent's manager(s);

communicate the Investigator's findings to the Staff Relationsadvisor if corrective and/or disciplinary measures will betaken, and orally advise any witnesses of the findings, ifrequired;

ensure the proper safekeeping of all harassment files; follow up to ensure that all required corrective and/or

disciplinary measures have been implemented; and ensure that all harassment files are shreded when the two-

year storage period has expired and inform the employee andhis/her manager that the record has been destroyed.

10.8 Investigator

The investigatoris responsible for conducting the investigation in afair, impartial and timely manner. He or she is also responsible forinforming the complainant, respondent, witnesses and supportpersons of the protocol that will be followed and of their roles in theprocess of investigation.

In the event of a harassment complaint, the investigator will:

respect confidentiality at all times; interview the parties and witnesses and review the necessary

documentation;

document all information relevant to the proceedings andgather signatures where appropriate;

keep the advisor, Harassment Prevention Program informedabout the status of the investigation;


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prepare a draft report and the final investigation report thatoutlines: (1) an analysis of the evidence gathered; (2) theinvestigation findings as to whether the complaint issubstantiated, partially substantiated, not substantiated, orfrivolous or in bad faith, and (3) the justification for his or herconclusions;

submit the original copy of the investigation report to theHarassment Prevention Advisor.

10.9 Witnesses

Witnessesare responsible for meeting with the investigator or theappeal panel, as requested, and for completely, accurately andhonestly answering the questions of the investigator or the appealpanel regarding their first-hand knowledge of the alleged harassmentincidents.

In the event of a harassment complaint, a witness will:

respect confidentiality at all times; cooperate with the mediator, investigator or appeal panel;

and sign his or her statement to the investigator, indicating

agreement.

10.10 Support persons

Support persons are responsible for voluntarily accompanying thecomplainant or the respondent and providing moral support to him orher during the mediation, investigation or appeal processes. They are

not to speak on behalf of, nor do they represent the complainant orrespondent. All support persons are also responsible for complyingwith the Policy on the Prevention and Resolution of Harassment inthe Workplace.

In the event of a harassment complaint, a support person will:

respect confidentiality at all times; offer support to the complainant and the respondent and to not

speak on their behalf; and cooperate with the facilitator, mediator, investigator or appeal

panel.

10.11 Appeal Panel

The appeal panelis responsible for conducting the review of theinvestigator's findings in a fair and impartial manner. It is alsoresponsible for informing the complainant, respondent, witnesses andsupport persons on the protocol that will be followed and on theirroles in the appeal process.


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During the appeal process, theappeal panelwill:

respect confidentiality at all times; review pertinent elements of the Investigation Report; request pertinent documents; summon and interview both parties andd witnesses;

confirm or revoke the investigator's findings; ensure that, if new facts are justified and subsequently

introduced, both parties are given an opportunity to respondto them;

request a new analysis of the facts pertaining to one or moreof the allegations, if required; and

submit a report to the Clerk of the House of Commons,confirming or disproving that:

o the findings of the report were based on fact;o the facts or statements contained in the investigator's

report were clear;o

the rights of both parties were respected throughoutthe investigation process;

o

the investigation was fair and impartial.

10.12 Staff Relations Advisor

When a harassment complaint is found to be substantiated, partiallysubstantiated, frivolous, or in bad faith, the Staff Relations Advisorwill, when requested:

inform and assist the appropriate manager in determining thesuitable corrective and/or disciplinary action;

advise the Advisor, Harassment Prevention Program as to therecommended corrective and/or disciplinary action.

11. Monitoring, Review and Reporting

11.1 Monitoring and Review

The advisor, Harassment Prevention Program will monitor theimplementation of the Harassment Prevention Program and willprovide the Director General - FHRD with a bi-annual statisticalreport on the following information:

the number, nature and outcome of harassment complaints; the number, nature and outcome of alternate dispute

resolution processes, such as mediation; the outcome of preliminary complaint reviews, investigations

and appeals and the corresponding corrective and/ordisciplinary measures, including those recommended by StaffRelations and those implemented by the managers;

the number of persons who attended information or trainingsessions related to the Policy on the Prevention andResolution of Harassment in the Workplace.


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The Policy Division of the Policy and Financial Planning section in theFHRD will review the implementation of the Policy on the Preventionand Resolution of Harassment in the Workplaceon a regular basisand will provide the Director General - FHRD with an annual report,on an as needed basis.

11.2 Reporting

The Director General - FHRD will submit a semi-annual report to theClerk's Management Group. The report will be statistical in natureand not present the names or any other identifiable trait of a personemployed by the House of Commons involved in any particular case.

The Clerk's Management Group will periodically review the data in anattempt to identify any indicators of an unhealthy workplace.

12. Appendix

Appendix A: Glossary

Alternate dispute resolution (ADR):involves the use of problemsolving techniques, such as facilitation and mediation that assist inresolving disputes without the use of formal processes such as aninvestigation.

Complainant: a person employed by the House of CommonsAdministration who brings forward a complaint of harassment.

Complaint: an oral or written statement of alleged harassmentmade by an employee of the House of Commons Administration to

either his or her manager or the Advisor, Harassment PreventionProgram. A complaint must specify the objectionable incident(s);behaviour(s); or comment(s) clearly, and in detail.

Due process: a term that is based on the principles of naturaljustice and the right to fairness. It includes the right of therespondent to know there is a case against him or her and to beprovided with an opportunity to respond fully to all allegations to aneutral party. Additionally, it provides both the complainant and therespondent with the right to an unbiased investigation, and to a fairand appropriate outcome based on the facts.

Early Resolution: the objective of early resolution is to resolve anysituation or conflict as quickly as possible, in a fair and respectfulmanner, without having to resort to a formal complaint process.

Facilitation: a conflict resolution technique in which a third party isinvolved in any way by helping the parties in dispute, often bymanaging their discussions.


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Frivolous or Bad Faith Complaint: any oral or written harassmentcomplaint that is filed with frivolous, vexatious, malicious, misleadingor deceptive intent or is otherwise ill-intentioned.

Manager: the individual responsible for a House of Commons worklocation and operations therein and who has the authority to take

corrective and/or disciplinary measures, if required.

Mediation: a voluntary process whereby a trained, neutral thirdparty that is acceptable to both the complainant and respondent,assists them to reach a mutually agreeable solution. The mediatordoes not have any decision-making authority. A written agreement isused and signed at the end of a successful mediation outlining theagreement reached between the parties.

Natural justice: refers to the rights of both the complainant and therespondent to know the case against them, to be heard, to challengethe information, and to receive unbiased treatment at the hands of a

fair, impartial hearer of fact. Further, information pertaining to thecomplaint or reasons for measures taken should be routinelydisclosed to the parties.

Parties: both the complainant and the respondent, unless otherwisespecified.

Respondent: a person employed by the House of CommonsAdministration against whom a complaint of harassment is broughtforward.

Support Person: any friend, colleague, manager or union

representative, as chosen by the complainant or the respondent, toaccompany him or her for moral support during meetings andinterviews pertaining to the resolution of a harassment complaint.The complainant and the respondent may be each accompanied byone support person during any of the resolution processes, i.e.,mediation, investigation, appeal.

Witness: any individual who has first-hand knowledge of any factsor evidence surrounding a harassment complaint.

Workplace: any place where the business of the House of Commonsis being carried out. It includes, but is not limited to:

all offices or other premises where the business of the Houseof Commons is being conducted;

locations and situations including business travel,conferences, work-related social gatherings, where House ofCommons-related activities are performed and whereinappropriate behaviour or comments might reasonably beperceived to have a subsequent impact on work relationships,environment or performance.


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house admin harassment policy

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