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Anti-harassment and Anti-discrimination Policy


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Purpose: (reason for this policy)
Under the College’s policy, harassment is any inappropriate conduct that has the purpose or effect of:
  • creating an intimidating, hostile, or offensive environment;
  • unreasonably interfering with an individual’s performance; or
  • affecting the individual’s learning opportunities.

Forms of harassment include, but are not limited to,
  • unwelcome verbal or physical advances,
  • sexually, racially or otherwise derogatory or discriminatory materials, statements or remarks,
  • remarks, jokes or innuendos that demean, ridicule, intimidate or offend,
  • displaying or circulating offensive pictures or materials in print and electronic form,
  • bullying,
  • repeated offensive or intimidating phone calls or e-mails,
  • inappropriate sexual touching, advances, suggestions or requests.

Application & Scope: (who should know this policy)

OREA Real Estate College (the “College”) is committed to providing a learning environment in which all members of the College are treated with dignity and respect and in which students are able to study in an environment free from discrimination and harassment. It is the policy of the College to prohibit any form of discrimination based on race, ancestry, place of origin, colour, ethnic origin, creed, citizenship, sex, sexual orientation, gender identity, gender expression, age, marital status, family status, disability or any other prohibited ground of discrimination. Sexual harassment is a form of sex discrimination. In addition, the College’s policy also prohibits harassment and any other types of discrimination. Such conduct, while perhaps not unlawful, is considered unacceptable in our institution. The objective of this policy is to provide a learning environment that fosters mutual respect and relationships free of discrimination and harassment. The College’s policy specifically prohibits any form of discrimination and harassment towards or by students, instructors, test centre operators (“TCOs”), assistant test centre operators (“ATCOs”) and College staff.

Any threats or acts of discrimination or harassment will not be tolerated.

All students will be subject to corrective action up to and including expulsion from the College for any act of harassment and all instructors and College staff will be subject to discipline up to and including termination of employment for any act of discrimination or harassment.

Individuals who believe that they have been subjected to discrimination or harassment should immediately report the incident to the Director, OREA Real Estate College, Mr. Shelley Koral. When warranted, complaints will be promptly and thoroughly investigated. The College will treat such complaints as confidentially as possible, releasing information only to those with a need or right to know.

Any student, instructor, TCO, ATCO or College staff member who observes or becomes aware of discrimination or harassment should immediately advise the Director, OREA Real Estate College, Mr. Shelley Koral. No student, instructor, TCO, ATCO or College staff member should assume that the College is aware of a problem. All complaints and concerns should be brought to the attention of the College’s management so that steps can be taken to correct them.

No retaliation will be taken against any student, instructor, TCO, ATCO or College staff member because he or she reports a problem concerning possible acts of discrimination or harassment. Students, instructors, TCOs, ATCOs and College staff members can raise concerns and make reports without fear of reprisal. If you have any questions about what constitutes discrimination or harassing behaviour, please contact the Director, OREA Real Estate College, Mr. Shelley Koral.

Definitions: (if any)
Definitions

Harassment
  • Harassment is engaging in a course of vexatious comment or conduct that is known or ought reasonably to be known to be unwelcome.

Types of Harassment

Sexual Harassment generally refers to:
  • unwanted sexual advances including: sexually graphic comments or epithets; derogatory gestures or looks; unwanted sexual flirtations or propositions; unnecessary/unwanted physical contact; threats of harm or violence; slurs; derogatory or demeaning posters; cartoons, graffiti or drawings; offensive jokes, e-mail or voice mail; or display of sexually suggestive pictures;
  • implied or expressed promises of reward or benefit for complying with a sexually oriented request;
  • implied or expressed threats of reprisal in the form of either actual reprisal or denial of opportunity for refusal to comply with a sexually oriented request.

Racial Harassment may consist of:
  • any of the following that are about or motivated by a person’s race, colour, citizenship or national origin: unwanted actions; derogatory comments; slurs; derogatory or demeaning posters; cartoons, graffiti or drawings; offensive jokes, e-mail or voice mail; innuendoes; taunting; threats of harm or violence; intimidating or threatening gestures; physical interference with movement; or assault.

Other Harassment
Any of the following that are about or motivated by a person’s race, ancestry, place of origin, colour, ethnic origin, creed, citizenship, sex, sexual orientation, gender identity, gender expression, age, marital status, family status, disability or any other prohibited ground of discrimination: unwanted actions; derogatory comments; slurs; profanity; derogatory or demeaning posters, cartoons, graffiti or drawings; offensive jokes, e-mail or voice mail; innuendoes; taunting; unnecessary/unwanted physical contact; threats of harm or violence; intimidating or threatening gestures; yelling; slamming doors; throwing objects; physically impeding or blocking movements; physical interference with normal work or movement; or assault.

Conduct such as candid feedback from an instructor regarding performance or counselling for poor attendance is not harassment.

A Poisoned Environment may be created by any of the following or other activities that result in an intimidating, hostile or offensive atmosphere or that intrude upon a person’s dignity: slurs; profanity; derogatory or demeaning posters, cartoons graffiti or drawings; offensive jokes, e-mail or voice mail; offensive literature (e.g., pinups); or derogatory comments. A poisoned environment is a form of harassment that may not be directed at any one individual but by nature is considered offensive and is therefore prohibited.

Harassment may occur as a result of a single encounter or a series of incidents. Behaviour constituting harassment is often a matter of perception and interpretation. Tolerance for what is considered acceptable behaviour may vary widely among individuals. As a general rule, harassment is considered to have taken place if a person knows or ought reasonably to know the behaviour is unwelcome.

Policy Statement:
Anti-Harassment and Anti-Discrimination Policy Guidelines
Complaint Resolution Process

Informal Resolution – Confronting Unwelcome Behaviour

Students, instructors, TCOs, ATCOs and College staff members are encouraged to warn offenders when they observe or experience behaviour that could be perceived as discriminatory or harassing, if they feel comfortable doing so. The complainant should be direct and candid and should clearly communicate that the behaviour is unwelcome, offensive and must stop. The complainant should document the incidents and the communication with the offender, and retain the documentation for future use if the behaviour does not stop.

Formal Complaint Option - Filing a Complaint

If the complainant does not feel comfortable confronting the offender or if the behaviour continues, the complainant should file a complaint. Complainants who believe they are being subjected to discrimination or harassment should contact the Director, OREA Real Estate College, Mr. Shelley Koral, for advice and assistance. Complainants are protected from retaliation for reporting incidents of discrimination or harassment. This protection does not extend to deliberate fabrications.

Complaint Investigations

The relationship between two people can be damaged as a result of a complaint being lodged, therefore it is important to focus discussions on conflict resolution and to resolve the issue as quickly as possible. The Director, OREA Real Estate College, Mr. Shelley Koral is responsible for ensuring that complaints are responded to in a manner that is consistent with the College’s policy.

The Director, OREA Real Estate College, Mr. Shelley Koral will, upon reviewing the complaint and interviewing the complainant, determine whether or not the complainant has a valid complaint under the Policy that merits further investigation. He/she will inform the complainant whether or not an investigation will be conducted. When warranted, the Director, OREA Real Estate College, Mr. Shelley Koral will conduct an investigation or form a team and conduct an investigation. Witnesses will be interviewed and documents reviewed by the investigator or investigative team as the case may be. Individuals participating in investigations will be protected from retaliation. Results of an investigation will be shared only with those individuals with a need or right to know about the complaint.

Corrective Action

The investigator or investigative team as the case may be will determine if a policy violation has occurred and make a recommendation to the Director, OREA Real Estate College, Mr. Shelley Koral. The Director, OREA Real Estate College, Mr. Shelley Koral will evaluate the investigation findings and recommendation. The Director, OREA Real Estate College, Mr. Shelley Koral will communicate the outcome of the investigation to the complainant and the respondent. The Director, OREA Real Estate College, Mr. Shelley Koral will implement corrective actions and impose discipline, when appropriate. Specific disciplinary actions will not be disclosed to a complainant.

Responsibilities

Every student, instructor, TCO, ATCO and College staff member is responsible for adhering to the College’s Anti-Harassment and Anti-Discrimination Policy while at the College and in those off-campus situations where they may be viewed as a College student or representative. Abuse of the policy by using it as a means of falsely accusing or discrediting colleagues will not be tolerated.

College management is responsible and accountable for:
  • ensuring that all College-sponsored social and recreational activities are administered in accordance with the College’s Anti-Harassment and Anti-Discrimination Policy;
  • ensuring the College is free of all potential visual forms of harassment and any other harassment as defined in this policy;
  • intervening when necessary to stop behaviour that is a violation of the College’s Anti-Harassment and Anti-Discrimination Policy, in order to prevent recurrence and to protect complainants from retaliation;
  • ensuring that students, instructors, TCOs, ATCOs and College staff members are informed of the College’s policy and procedures for reporting and investigating cases of discrimination or harassment;
  • intervening when necessary to stop behaviour that is a violation of the College’s Anti-Harassment and Anti-Discrimination Policy, in order to prevent recurrence and to protect complainants from retaliation;
  • ensuring that students, instructors, TCOs, ATCOs and College staff members are informed of the College’s policy and procedures for reporting and investigating cases of discrimination or harassment;
  • contacting the Director, OREA Real Estate College, Mr. Shelley Koral on all complaints of discrimination or harassment and working with him/her to resolve the complaint;
  • creating and maintaining a learning environment that fosters mutual respect among individuals and enables students, instructors, TCOs, ATCOs and College staff members to bring complaints of discrimination or harassment forward;
  • ensuring that students, instructors, TCOs, ATCOs and College staff members are not subjected to retaliation as a result of making a complaint or participating in an investigation;
  • with the involvement of the Director, OREA Real Estate College, Mr. Shelley Koral, if appropriate, recommending appropriate corrective action when a student, instructor, TCO, ATCO or College staff member is found to have violated the policy.

External Recourses

Students, instructors, TCOs, ATCOs or other College staff who believe they are being subjected to discrimination or harassment have the right to file an application (complaint) with the Human Rights Tribunal of Ontario.

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