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Michener

HR-14 Anti-Harassment and Anti-Discrimination Policy
Department: People & Culture
Creation Date: March 1, 2004
Approval Date: September 1, 2010
Effective Date: January 24, 2018

Organizational Scope

The Anti-Harassment and Anti-Discrimination Policy (herein referred to as “the Policy”) shall apply to the Michener community including staff, students, contractors, patients, and visitors. In the cases involving employees, notify People and Culture, and in the cases involving students, notify the Dean of Students, immediately.

Purpose

Michener is committed to providing a working and learning environment in which all members of the Michener community are treated inclusively, equitably, respectfully, with dignity and have the right to work and learn in an environment free from discrimination and harassment. As part of this commitment, this policy is aimed at preventing and resolving behaviour and conduct that constitutes harassment and discrimination as defined in the Ontario Human Rights Code.

Michener is committed to a culture of respect and belonging, and will not tolerate any form of discrimination, systemic discrimination, harassment, or exclusion in its employment, educational, accommodation, or business dealings. This includes but is not limited to the workplace (on-site, remote or from a private residence), campus, work related social events, clinical settings, conferences and training seminars, and any other work-related event. It also refers to all forms of communication (including verbal, written or virtually through the use of information and communications technology). This Policy provides guidelines on the reporting, investigation and resolution of complaints of discrimination and harassment. Each employee and student have an obligation to understand this Policy and how it applies to their employment or studies at Michener. Every member of the Michener Community has the right to file a complaint of discrimination and/or harassment.

Michener Will:

  • Foster a healthy, productive, and respectful working environment;
  • Set policies and processes to ensure employees can safely express concerns about respect in the workplace;
  • Oversee resolutions to complaints in the workplace;
  • Address complaints in a fair, consistent, transparent and timely manner;
  • Adapt and respond to changes in the workplace/culture to address workplace concerns.

Policy

In keeping with the Human Rights Code, Michener prohibits discrimination or any form of harassment (verbal, written or virtual) in employment as well as teaching and assessment on the basis of and covered by the Ontario Human Rights Code including race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sex, sexual orientation, gender identity, gender expression, age, record of offences, marital status, family status or disability.

Michener also recognizes the need to actively address and prevent racism, harassment and hate in all forms, including, anti-Asian racism, anti-Indigenous racism, anti-Black racism, antisemitism, Islamophobia, Xenophobia, micro-aggressions, implicit bias, intersectionality and sexual harassment.

Every person in the Michener Community has the right to file a complaint pursuant to this policy. Nothing in this policy shall limit a person’s right to pursue legal recourse that may be available to that person, including filing a complaint with the Human Rights Tribunal, initiating a grievance according to the collective agreement, or commencing a legal action. Every person who attempts to enforce their rights as identified under this policy has a right to do so without reprisal or threat of reprisal.

All those identified under the “Purpose” section above is responsible for helping maintain, and promote an environment free from harassment, discrimination and for promptly reporting any incidents which they believe to be acts of discrimination or harassment. All members of our community share both the right and the responsibility to support a safe and inclusive environment.

Michener recognizes its responsibility to deal quickly, fairly and expeditiously with such complaints.

It is the responsibility of Michener to exercise its authority to prevent discrimination and harassment, to penalize such behaviours, and to respond promptly to known or apparent incidents of discrimination and harassment, whether a complaint has been filed.

By law, Michener and its senior leaders such as the Principal, Vice-Principal, Chairs, Deans, Directors, and others with supervisory responsibility have a legal responsibility to respond promptly to known or apparent incidents of discrimination and harassment, whether a complaint has been filed and to exercise authority to prevent the repetition of such behaviour.

Michener is committed to ensuring that staff and students are made aware of the Policy. The Diversity, Inclusion, Values, and Equity (DIVE) Committee plays a crucial role in promoting awareness and education around areas of racism and discrimination by educating staff and faculty, for example, through ongoing communication, to empower the Michener community, in promoting a harassment and discrimination free environment.

Supervisory personnel who are contacted by an individual seeking to file a complaint about harassment or discrimination shall assist that person in obtaining the assistance in accordance with this policy and shall immediately report such matter to the appropriate authority.

Michener is responsible for preventing and removing barriers in employment caused by institutional racism. People and Culture is responsible for leading investigations under this policy. People & Culture is also responsible for providing information, education, and consultation to all staff on inappropriate conduct, including the interpretation and application of this policy.

Michener supports the prompt and timely investigation and resolution of complaints of harassment or discrimination. However, Michener will not tolerate malicious, frivolous or vexatious complaints. Any person who makes a malicious, frivolous, vexatious or bad faith complaint may be subject to discipline up to and including termination of employment or expulsion, in the case of a student.

Upon a finding of harassment or discrimination, the Respondent employee may be subject to disciplinary action up to and including termination of employment. Upon a finding of harassment or discrimination, a Respondent student may be disciplined in accordance with Michener’s Academic Policy and may be subject to discipline up to and including expulsion.

A person who knows of/or is in possession of information about harassment or discrimination contrary to this policy and who has the authority to penalize or prevent the conduct and fails to exercise that authority may be held accountable for failing to exercise that authority and may be found to have violated this policy. A person in authority includes any member of management of Michener, or other person who is designated legally responsible for the protection of persons covered by this Policy. Such persons in authority are encouraged to seek assistance and guidance from the Appropriate Authority or their manager.

While individuals are encouraged to seek advice and counsel regarding possible violations of this policy, it is requested that all such information be kept confidential and not be disclosed except as provided by this Policy or in order to seek legal advice. A violation of this provision may result in discipline up to an including termination of employment for staff, or expulsion, in the case of students.

Michener recognizes the sensitive and potentially traumatic nature of matters arising under this policy and commits to handling cases with care and responsibly respecting the emotional well-being of all parties. It cannot guarantee that the subject matter of the complaint, the response or the investigation will be kept confidential. All information collected by Michener pursuant to this policy will be kept confidential, except when disclosure is required to investigate, and/or resolve or otherwise deal with such matters, or when disclosure of evidence is required in the course of a legal proceeding.

The People & Culture department will keep records of all formal and informal resolutions and hearings except where otherwise stated in this Policy. Any records will be maintained in accordance with all applicable laws, regulations and policies.

Michener’s Employee Assistant Program (EAP) is an excellent resource for dealing with challenges and conflict in the workplace and available upon request from People & Culture.

There are some courses available on “My Learning” that relate to addressing respect in the workplace. These can be found on MyMichener.

Definitions

  • Allegation — A claim of harassment, bullying or violence of a certain nature within the workplace
  • Anti-Asian — racism refers to historical and ongoing discrimination, negative stereotyping, and injustice experienced by people of Asian origin. These experiences are based on others’ assumptions about ethnicity or nationality and are reinforced by harmful tropes such as “Perpetual Foreigner,” “Model Minority,” or “Yellow Peril.” These stereotypes operate at both individual and systemic levels, leading to the social, economic, political, and cultural marginalization of Asian communities in Canada and Ontario
  • Anti-Black — racism is prejudice, attitudes, beliefs, stereotyping, and discrimination directed at people of African descent and rooted in their unique history and experience of enslavement and its legacy. It is deeply entrenched in Canadian institutions, policies, and practices, to the extent that it is either functionally normalized or rendered invisible to the larger White society. It is manifest in social, economic, and political marginalization of Black Canadians
  • Anti-Indigenous — racism refers to race-based discrimination, negative stereotyping, and systemic injustice experienced by First Nations, Inuit, and MĂ©tis peoples in Canada. It arises from colonial legacies and entrenched power imbalances, and is evident in outcomes such as inequities in education, employment, health care, justice, child welfare, and housing
  • Antisemitism — is hostility, prejudice, or discrimination toward Jews as individuals or as a group based on religious, ethnic, or cultural identity. It may include hate speech, vandalism, exclusion, conspiracy theories, or institutional bias against Jewish people or community institutions
  • Appropriate Authority — This person is responsible for overseeing the proper implementation, administration and enforcement of this Policy. At Michener the Appropriate Authority is the People & Culture department for all employees, or the Dean of Students for all matters pertaining to students

The following will assist in the identification of harassment and discrimination.

  • Bullying — A range of behaviours in which targeted individuals are repeatedly, and over time, treated in a disrespectful, harmful, or abusive way. It can be initiated deliberately or unconsciously and may lead to a person feeling upset, afraid, isolated, or humiliated. Bullying can be enacted alone or as part of a group
  • Complainant — A person who is or has been subjected to, or a person who has witnessed alleged discrimination or harassment
  • Discrimination — Differential treatment based on a personal characteristic which has an adverse impact on an individual or group. Examples of personal characteristics include race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sex, sexual orientation, age, marital status, family status, disability, gender identity and gender expression
  • Harassment — Harassment is a form of discrimination defined as a course of vexatious comments or conduct that is known or ought reasonably to be known to be unwelcome. In some cases, a single action may be classified as harassment. This includes harassment that occurs virtually (such as cyber bullying) through the use of information and communications technology, such as email, messaging platforms, or social media. Harassment is a form of discrimination defined as a course of vexatious comments or conduct that is known or ought reasonably to be known to be unwelcome. In some cases, a single action may be classified as harassment
  • Implicit bias — also known as unconscious bias, refers to mental attitudes or stereotypes that affect our understanding, actions, and decisions outside of conscious awareness. These biases emerge from automatic social conditioning rather than deliberate intent and can influence behavior in subtle yet impactful ways, including decisions about race, gender, nationality, ability, and other protected characteristics. In OHRC terms, implicit bias plays a role in racial profiling, which courts in Ontario recognize often stems from unconscious beliefs or stereotypes rather than overt prejudice
  • Incident — The event in which the allegation was perceived to be present
  • Incivility — Behaviours that are rude, disrespectful, inconsiderate or insensitive. There may not be an intention to harm, but the end result of such behaviours makes for an unpleasant work environment, decreased performance and commitment to the organization, co-workers and patients
  • Intersectionality — refers to the unique forms of discrimination or disadvantage that arise when multiple identity grounds—such as race, gender, religion, age, disability, or sexual orientation — intersect in an individual’s lived experience. The Ontario Human Rights Commission defines this as:
    • “Intersectional oppression arises out of the combination of various oppressions which, together, produce something unique and distinct from any one form of discrimination standing alone.… An intersectional approach takes into account the historical, social and political context and recognizes the unique experience of the individual based on the intersection of all relevant grounds.”
    • In practice, intersectionality means recognizing, for instance, that a racialized woman or a person with a disability and a religious identity may experience discrimination differently than individuals who share only one identity characteristic. This approach allows institutions to better acknowledge and address complex, overlapping forms of harm.
  • Islamophobia — are stereotypes, bias, or acts of hostility toward Muslims or perceived followers of Islam. It can manifest in individual behaviour or systemic policies and includes viewing Muslims as security threats or endorsing exclusionary attitudes—often at both societal and institutional levels
  • Micro-aggressions — are subtle, often unintentional verbal, behavioral, or environmental slights that minoritize individuals by conveying bias or negative assumptions tied to a protected identity. While not usually overt, these actions or remarks operate as everyday racism or subtle and subversive discrimination, which the OHRC recognizes as common and harmful. Such behaviour may seem minor on its own, but patterns of micro-aggressions reflect underlying stereotypes or systemic bias that contribute to exclusion, diminished belonging, and inequality.
    • The Negative Behaviour Continuum provides context to behaviours that are considered breaches of the above listed policies and ensures that an open and consistent approach is taken when addressing allegations.
  • Respondent — An individual who is alleged to have exhibited conduct that is the subject of a complaint
  • Reprisal — Any form of retaliation against an individual who has or has been believed to have had engaged with the conflict resolution process under this policy. This includes, submitting a complaint, participating in interviews or any facilitated discussions. Activities that are considered reprisal in this context may include any form of reprimand, intimidation, and/or exclusion
  • Sexual Harassment — Engaging in a course of vexatious comment or conduct against a worker because of sex, sexual orientation, gender identity, or gender expression, where the course of comment or conduct is known or ought reasonably to be known to be unwelcome. Making a sexual solicitation or advance where the person making the solicitation or advance is in a position to confer, grant or deny benefit or advancement to the worker and the person knows or ought reasonably to know that the solicitation or advance is unwelcome. Reprising an individual who rejected a solicitation or sexual advance
    • In some cases, a single action may constitute sexual harassment. This includes harassment that occurs virtually through the use of information and communications technology, such as email, messaging platforms, or social media
    • Romantic or sexual relationships between a supervisor and an employee, student, physician, researcher, intern, or volunteer whom the individual supervises, are prohibited due to the inherent influence, authority, or power imbalance in the relationship, which may compromise consent or create perceived or actual conflicts of interest. Individuals in this situation should immediately disclose the relationship, even if it is consensual between both parties, to their manager or People & Culture representative so that appropriate measures can be taken. Measures will include reassigning reporting responsibilities to others. Failure to disclose the relationship will be subject to disciplinary action
  • Systemic discrimination — refers to patterns of behaviour, policies, or practices that are embedded in the structures of an organization or sector. On the surface they may seem neutral, but they create or perpetuate a position of relative disadvantage for individuals or groups protected under the Ontario Human Rights Code. These impacts may be unintended, yet persistent and harmful, and often require reviewing numerical data, policies, decision-making, and organizational culture to identify and remedy
  • Violence — The use, threat or attempt of physical force against another person that causes, or could cause, physical injury
  • Witness — A person who witnessed first-hand, the incident(s) pertaining to the allegation
  • Workplace — Includes the campus, offices and buildings of UHN, the cafeterias, washrooms, locker rooms, work sites, as well as work assignments outside of UHN property, off-site work related social events and functions, work related seminars, conferences and training, work-related travel, telephone communications, faxes, e-mail, social networking sites (e.g. Facebook, YouTube, Twitter), or elsewhere if the person is harassed or discriminated against s a result of work related responsibilities, which may include a work related relationship
  • Workplace Investigations Consultant — A person designated by People and Culture to receive the workplace complaint form, facilitate the resolution process and/or investigate the complaint
  • Xenophobia — describes attitudes, prejudices and behaviour that reject, exclude and often vilify persons, based on the perception that they are outsiders or foreigners to the community, society or national identity. This understanding is grounded in the OHRC’s work on creed and racism, where xenophobic bias often overlaps with discrimination based on race, ethnicity, or religion

Revision History

Date Reviewer Change(s) made
January 31, 2011 Robin Darling Transferred to new template
February 14, 2011 Robin Darling Combined policy & procedure, created TOC
April 28, 2011 Robin Darling Format changes to increase readability
August 1, 2014 Brad Niblett Approve minor changes
September 9, 2014 Sean Morphy Format, numbering and minor wording changes
January 24, 2018 Natasha Kuzmanov Human Rights Code definition and disclosure of romantic \sexual relationship
September 23, 2025 People & Culture: Diana Do, Munaza Rehman, Jennifer Anderson Bill 166 and 190 changes Additional resources and tools incorporated