MTA Harassment
Policies and Procedures
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POLICIES:

  
   

PROCEDURES:

  
 
PUBLIC POLICIES
Human Rights Act of New Brunswick

Overview of Discrimination and Harassment Based Violations

The Human Rights Act of New Brunswick currently protects against discrimination and harassment based on 14 grounds: age, marital status, religion, physical disability, mental disability, race, colour, ancestry, place of origin, national origin, social condition, political belief or activity, sexual orientation and sex, including pregnancy. It may be that additional grounds are implicitly included in the Act by virtue of section 15 of the Canadian Charter. The Human Rights Act also expressly prohibits sexual harassment in employment, housing and public services.

In Canada, discrimination can be defined in everyday terms as a practice or standard that is not reasonably necessary and that has the effect, whether intentional or not, of putting certain persons or groups at a disadvantage because of their shared personal characteristics, such as race, sex or religion, in a way that perpetuates the view that they are less capable, or are less worthy of recognition or value.

Canadian courts have recognized that discrimination may be "direct," involving an intentional difference in treatment, usually motivated by bigotry, prejudice or stereotypes. However, it may also be unintentional, as in the case of "systemic" or "adverse effect" discrimination that occurs when a uniform practice has a disproportionately adverse effect on a disadvantaged group, and the needs of the group are not "reasonably accommodated." Harassment is a form of discrimination.

Employers, service providers and others who are required not to discriminate must go beyond treating everyone the same without regard to race, sex and the other personal characteristics protected in human rights laws. They must, in addition, accommodate as much as reasonably possible the protected characteristics of those to whom such uniform treatment would have a discriminatory effect. This means that they must avoid standards that have a discriminatory effect where this can be done without sacrificing their own legitimate objectives or incurring undue hardship, whether that hardship takes the form of impossibility, serious risk or excessive cost.

Guidelines on complaint procedures and enforcement

Complete text of the New Brunswick Human Rights Act
Canadian Labour Code
Division XV.1
Sexual Harassment

Definition of "sexual harassment"

247.1 In this Division, "sexual harassment" means any conduct, comment, gesture or contact of a sexual nature

  1. that is likely to cause offence or humiliation to any employee; or

  2. that might, on reasonable grounds, be perceived by that employee as placing a condition of a sexual nature on employment or on any opportunity for training or promotion.

R.S., 1985, c. 9 (1st Supp.), s. 17.

Right of employee

247.2 Every employee is entitled to employment free of sexual harassment.
R.S., 1985, c. 9 (1st Supp.), s. 17.

Responsibility of employer

247.3 Every employer shall make every reasonable effort to ensure that no employee is subjected to sexual harassment.
R.S., 1985, c. 9 (1st Supp.), s. 17.

Policy statement by employer

247.4 (1) Every employer shall, after consulting with the employees or their representatives, if any, issue a policy statement concerning sexual harassment.

Contents of Policy statement

(2) The policy statement required by subsection (1) may contain any term consistent with the tenor of this Division the employer considers appropriate but must contain the following:

  1. a definition of sexual harassment that is substantially the same as the definition in section 247.1;

  2. a statement to the effect that every employee is entitled to employment free of sexual harassment;

  3. a statement to the effect that the employer will make every reasonable effort to ensure that no employee is subjected to sexual harassment;

  4. a statement to the effect that the employer will take such disciplinary measures as the employer deems appropriate against any person under the employer's direction who subjects any employee to sexual harassment;

  5. a statement explaining how complaints of sexual harassment may be brought to the attention of the employer;

  6. a statement to the effect that the employer will not disclose the name of a complainant or the circumstances related to the complaint to any person except where disclosure is necessary for the purposes of investigating the complaint or taking disciplinary measures in relation thereto; and

  7. a statement informing employees of the discriminatory practices provisions of the Canadian Human Rights Act that pertain to rights of persons to seek redress under that Act in respect of sexual harassment.

Publicity

(3) Every employer shall make each person under the employer's direction aware of the policy statement required by subsection (1).
R.S., 1985, c. 9 (1st Supp.), s. 17.
PROCEDURES
Prevention Education

The most important harassment procedure is prevention. One way to prevent sexual harassment is by providing education about the nature of harassment and how to respond if someone is being harassed. Education opportunities are available by contacting the Sexual Harassment Advisor. Peer education is also available through groups like SEE (Social Empowerment and Expression Gender Awareness Group).
Direct Communication

If anyone's verbal or physical behaviour makes you or someone else feel disturbed or uncomfortable, you have the right to speak up. Ignoring it sometimes works, but often harassment continues unless people act positively to stop it. Many targets of harassment laugh at first out of nervousness or embarrassment, but harassers often misunderstand laughter, thinking the target doesn't mind.

Try sounding strong, confident, and assertive, because you know you have the right not to be harassed. Tell them firmly, "That's harassment. I don't like it. I want it to stop." or, "I'm not starting with you. I don't want you starting with me." Talk with them privately or get someone you trust to be there with you.

Sometimes, the person who is harassing is angry about something, and it can help to ask, "What's up? What are you angry about?" or "Why you buggin' me? or "What's eating you? Can I help?" Using insults or threats escalates the problem rather than solving it, and can get you in trouble instead of the person who started it.

Find allies who can speak up with you without threatening the harasser. This does not mean finding someone to make threats, because this escalates the problem, and the harasser will likely just find someone else to threaten them.

If you witness someone harassing someone else, help out the person being harassed by being a good ally - speaking up for them without putting anyone down. Try saying something like, "Hey, chill;" or, "Come on. Stop buggin' them;" or, "Hey, let's knock it off;" or, "I don't think that's funny;" or, "Let's cut it out;" or, "That's mean. Don't go there." Or, speaking to the person being harassed, say, "I think they're being mean. Let's do something else." It's especially effective if two or more allies speak up, because it helps prevent the harasser from turning on the ally. If you're nervous about nonviolently confronting a person who is acting in a harassing way, it is important to seek allies like a friend, residence staff, supervisor, Dean or Harassment Advisor.

If you're disturbed and/or harassment continues, contact your Dean, supervisor or the Harassment Advisor. If informal methods don't work and/or it's a serious case, you can file a formal harassment complaint through the Harassment Advisor's Office. You have a right to a safe environment, and professors, staff and administrators are required to respond.

All of us have probably been the targets of harassment and witnessed or participated in picking on someone else. If we remember how it feels to get picked on, analyze our own actions, and understand harassment, we can decide to become allies for each other as we work together to stop all forms of harassment at MTA.

Adapted from Sam Diener, Educators for Social Responsibility, 2003, v.1.9
Mediation at MTA

MTA offers confidential mediation services to all members of the university community.

Mediation as a process involves a third party (often a neutral third party) assisting two or more persons, ("parties" or "stakeholders") to find mutually-agreeable solutions to difficult problems.

Kinds of disputes handled through the Sexual Harassment Advisor's Office can include:

  • interpersonal conflicts
  • personal harassment or bullying at work
  • discrimination
  • room or housemate disputes
  • relationship problems
  • verbal, behavioural, electronic sexual harassment
  • the aftermath of inappropriate drunken behaviour
  • disagreements over marks or teaching style

Have a problem requiring mediation?

  1. Email harassment@mta.ca
  2. Meet the Sexual Harassment Advisor
  3. The Sexual Harassment Advisor will talk with each party individually to discuss the situation and to assess whether or not mediation is appropriate. Mediation will only work if both parties are willing to collaborate.
  4. A suitable mediator, trusted by both parties, will be appointed.
  5. Begin Mediation. The Sexual Harassment Advisor will provide a safe and fair environment for parties to present their point of view. Mediators will not make decisions, nor judge right and wrong. Outcomes will be mutually agreed upon by the disputing parties.
  6. Make an agreement. The agreement may be to end the mediation. Some resolutions may be written and signed by both parties.
  7. To discriminate socially is to make a distinction between people on the basis of class or category without regard to individual merit. Examples include racial, religious, sexual, sexual orientation, disability, ethnic, height-related, and age-related discrimination. Distinctions between people which are based just on individual merit (such as personal achievement, skill or ability) are generally not considered discriminatory.
 
© 2006 Mount Allison University
Maintained by Heather Bembridge
September 5, 2007
Mount Allison University