Legal

Anti-Harassment and Non-Discriminatory Policy

Effective Date: September 30, 2021

 1.0 Purpose

1.1 Wounds 2 Wings Trauma Embodiment Association of Ontario hereinafter called “Wounds 2 Wings TEAO”, is committed to providing a workplace that is safe, respectful, and in compliance with the Ontario Human Rights Code, promotes equality, and is free of all forms of discrimination, psychological and/or sexual harassment and reprisals.

Under the Ontario Human Rights Code, every person has the right to be free from harassment and discrimination. Harassment and discrimination will not be tolerated, condoned, or ignored at Wounds 2 Wings TEAO. If a claim of harassment or discrimination is proven, disciplinary measures will be applied, using Transformative Justice principles, and depending on the nature of the infraction, measures may include termination/removal from one’s position as a Board of Director or any other position held by volunteers, members, or affiliates.

As part of this commitment, Wounds 2 Wings TEAO implemented this Anti-Harassment and Non-discrimination Policy (the "Policy"), and will:

• Provide training and education at the beginning of employment, volunteering, or within any engagement capacity with the organization, to make sure everyone at every level clearly understands what is harassment and discrimination, what is acceptable behavior and what is not, and the consequences for violation of the policy and the Code. 

• Regularly monitor organizational systems for barriers relating to Code grounds by using surveys and focus groups.

• Provide an effective and fair complaints procedure. The victim of the harm caused, should not be made to feel victimized or shamed. The reporting process will be non-judgmental to allow for openness, and there will be transparency in how the matter is investigated and resolved.

• Always promote appropriate standards of conduct.

2.0 Scope of the Policy

2.1 The right to freedom from discrimination and harassment extends to all employees, including full-time, part-time, temporary, probationary, casual, and contract staff, as well as volunteers, co-op students, interns, and apprentices.
2.2 It is also unacceptable for members of Wounds 2 Wings TEAO to engage in harassment or discrimination when dealing with clients, or with others, they have professional dealings with, such as suppliers or service providers.

2.3   This policy applies at every level of the organization, and to every aspect of the workplace environment and employment relationship, including recruitment, selection, promotion, transfers, training, salaries, benefits, and termination. It also covers rates of pay, overtime, hours of work, holidays, shift work, discipline, and performance evaluations.

2.4 This policy also applies to third-party vendors and organizational or community partners that engage or conduct business with Wounds 2 Wings TEAO. If there is a proven violation of the policy by any of these as named in this section, they will be subject to the Wounds 2 Wings TEAO transformative justice resolution process.

2.5  This policy also applies to events that occur outside of the physical workplace such as during business trips or company parties.

2.6  This policy prohibits third parties doing business with the Company from committing any acts of harassment, discrimination, or retaliation against its employees. Employees with concerns that they may have experienced discrimination, harassment, or retaliation from a third party doing business with Wounds 2 Wings TEAO, such as independent contractors, vendors, suppliers, or others, should contact their immediate supervisor as soon as possible. Any complaint made in this regard will be dealt with promptly and confidentially.

2.7 This policy prohibits retaliation against any employee who has reported a breach of the Policy, any employee who has participated in an investigation of a reported breach of the Policy, or the family member of such employee. Retaliation is prohibited in the following cases (as examples only):

• When a complaint has been filed with the company.

• When a complaint has been filed with a competent authority or government agency.

• When a person has given a testimony.

• When a person has cooperated or participated in an investigation.

3.0 Policy Objectives

3.1 The objectives of this Policy are to:

Make sure that members, clients, and associates of Wounds 2 Wings TEAO are aware that harassment and discrimination are unacceptable practices and are incompatible with the standards of this organization, as well as being a violation of the law.

4.0 Protected Grounds

4.1 The Policy prohibits conduct that may constitute discrimination, harassment, or retaliation, including, but not limited to: race, national or ethnic origin, color, religion, age, sex, sexual orientation, gender identity or expression, marital status, family status, disability, genetic characteristics and a conviction for which a pardon had been granted or a record suspended. 

There is no hierarchy among the above-mentioned grounds for discrimination and harassment. In other words, none of them is more important or more significant than the others.

5.0 Definitions

Psychological/emotional harassment: Psychological/emotional harassment includes any vexatious behavior in the form of repeated and hostile or unwanted conduct, words, actions, or gestures that affects an employee's dignity or psychological or physical integrity and that results in a harmful work environment for the employee. A single serious act of conduct may also constitute psychological harassment if it causes such harm and has a continuing harmful effect on the employee.

Sexual harassment: Sexual harassment included any form of unwanted attention or unwanted advances with sexual connotations, such as insistent solicitation, glances, kisses or touching, sexist insults, and rude comments. Sexual harassment also included any comments, jokes, or images with sexual content transmitted by any technological or other means.

Discrimination: Discrimination is the act of treating a person differently because of their personal characteristics and preventing them from exercising their rights. 

Retaliation: Retaliation is prohibited by the Canadian Human Rights Act. It is a discriminatory practice for a person against whom a complaint has been filed under Part III, or any person acting on their behalf, to retaliate or threaten retaliation against the individual who filed the complaint or the alleged victim.

6.0 Complaint and Reports Process 

6.1 Employees who suspect that they have experienced harassment or discrimination are encouraged to document the behavior and must immediately report the incident to their supervisor or, if the complaint involves their supervisor,  to a higher manager. People acting on behalf of the employer who has received a report of such behavior are advised to document it thoroughly. The complaint or report may be made verbally or in writing. All employees may also report any incident within the company to the following person: 

Director, Nicole Brown Faulknor

Employees may also file a complaint with the Canadian Human Rights Commission. 

7.0 Investigation procedures

7.1 Wounds 2 Wings TEAO will promptly and thoroughly investigate all complaints reported under this Policy. The investigation will be completed in a timely manner. The investigation may involve interviews, review of physical evidence, and involvement of qualified personnel such as human resources or legal counsel. The investigation will remain confidential and will only be disclosed if the need arises. Wounds 2 Wings TEAO will also keep a record of the investigation, including documentation of all interviews and evidence so that the complainant can monitor its progress.

7.2 Upon completion of the investigation, Wounds 2 Wings TEAO will take any action deemed appropriate based on the evidence gathered, including termination of the offending employee or reporting to law enforcement authorities.

7.3 If Wounds 2 Wings TEAO finds that the behavior does not correspond to the definition of discrimination, harassment, or retaliation, but the behavior is not controlled, Wounds 2 Wings TEAO will take appropriate action to remedy the situation.

7.4 Should follow-up investigations result in substantially proving that the reported individual violated the policy they can be made to:

• Engage in mediation with an external mediator to work towards accepting responsibility for the action,

• Offer an open apology to the victim and present them with a written letter of apology, and

• Participate in reform or trauma training as determined by the Board of Directors, and/or

• Step down from the position held at the time of the incident. This will be at the discretion of the Board of Directors and dependent on the severity of the violation.

7.5 If an employee reporting a complaint under the Policy feels that the response of Wounds 2 Wings TEAO is not adequate, they may appeal to the competent authorities if they deem it necessary, in their sole and exclusive discretion.

8.0 Expectations

8.1 Wounds 2 Wings TEAO expects staff to contribute to a workplace free from discrimination, harassment, and retaliation, to respect individuals in the course of their work, to participate in the mechanisms established by the employer to prevent and stop discrimination, harassment, and retaliation, and to report any situation relating to discrimination, harassment or retaliation as soon as possible to one of the responsible persons designated by Wounds 2 Wings TEAO.

9.0 Additional Information

9.1 Managers or Team Leaders are responsible for educating employees on their individual responsibility to maintain a workplace free of discrimination, harassment, and retaliation. With the cooperation of the staff of every work unit, managers or team leaders are also responsible for identifying risk factors, deciding or recommending actions to be taken to prevent risk situations, following up, intervening informally or formally to resolve risk situations, and finally to decide on or recommend actions to be taken as a result of an intervention, including disciplinary measures.

9.2 It is essential that all employees communicate with Wounds 2 Wings TEAO regarding any incidents involving discrimination, harassment, or retaliation. Wounds 2 Wings TEAO is only able to assist employees when the issue is brought to its attention. It is the employee's responsibility to raise such concerns as soon as possible.

9.3 Legislation

The Canada Labour Standards Regulation, Canadian Human Rights Act, and any provincial Labour Standards Act apply to any situation that constitutes discrimination, harassment, or retaliation in the workplace.

9.4 Local Protections

Employees may also contact the county, city, or town in which they live to find out if additional laws against discrimination, harassment, or retaliation may be applicable.

If the employee has been the victim of unwanted physical contact, forced physical confinement, or forced sexual acts, this conduct may constitute a crime. It is strongly recommended that police authorities be contacted.

9.5 Limitation

Nothing in the Policy is intended to replace or limit the rights that employees may have to seek remedies under applicable laws.