Code of Conduct Policy

• Is a process that parties can use to reach their own agreement without going to court or trial or through a collective agreement grievance procedure in order to resolve a conflict. This can include mediation, facilitation, and other dispute resolution techniques.

• Is an act that threatens physical harm to a person, whether or not actual harm is done.

• Is the repeated unfavourable treatment of a person by another or others which may be
  considered unreasonable and inappropriate. It includes behaviour that could be expected to intimidate,
  offend, degrade, humiliate, undermine or threaten. It may include physical or psychological behaviour
  where strength (including strength of personality) and/or a position of power is misused by a person in a
  position of authority or by a person who perceives that they are in a position of power or authority.

  Bullying may be Overt or Covert.

  Examples of Overt Bullying may include:

  • abusive behaviour towards another person such as threatening gestures or actual violence
    including, pushing, hitting, finger pointing, or standing close to an individual in an aggressive
    manner
  • aggressive or abusive or offensive language, including yelling, threats, insults and name calling
  • constant unreasonable and unconstructive criticism
  • Pressure to become involved in anti-social or criminal behavior

  Examples of Covert Bullying may include:

  • deliberate exclusion, isolation or alienation of an employee from normal work interaction, or a
    student from normal academic interaction
  • placing unreasonable work demands or unreasonably assigning demeaning work
  • undermining another, including encouraging others to “gang up” on the person
  • deliberately withholding information that a person needs to exercise her or his role or rights
  • unreasonable refusal of help
  • unreasonably removing areas of responsibility
  • Threats to withdraw funding, scholarships or advancement opportunities for reasons unrelated
    to performance
  • Unreasonably preventing a person from expressing herself/himself

  Bullying does not include legitimate, constructive and fair criticism of an employee’s or student’s
  performance/behaviour or the legitimate exercise of academic expression in teaching and research,
  freedom of thought and inquiry. An assertive management style is acceptable provided that employees and students are treated with respect and dignity. See also relevant collective agreements for further
  explanation, where applicable.

• Includes employees, students, members of the Board of Governors, members of committees established by the College, volunteers, contractors, and individuals providing service or research, individuals who use/rent College facilities, visitors, applicants, and/or guests.

• Cyber bullying occurs when a person is deliberately bullied, harassed, humiliated,
  threatened, embarrassed, or targeted by another person through the use of the internet, cell phones,
  pagers, personal digital devices, computers or other digital technology whether or not they are made
  over the college’s computer system. Some examples of this are in the form of e-mail, instant messaging
  (IM), chat rooms or bash boards, pagers, blogs, discussion board postings, vote/polling boards, etc.

  Cyber bullying can be:

  • Threats sent or published online
  • Negative comments via text, email, IM, etc.
  • Rumours posted on websites or spread online (whether they are true or not)
  • Creating a fake profile of another person
  • Private photos spread online that you did not authorize
  • Unwanted sexual remarks
  • Hate speech

  Examples are:

  • Sending messages containing insults or threats directly to a person
  • Spreading hateful comments about a person electronically
  • Stealing passwords and sending inappropriate messages using an assumed identity
  • Using social media to target any person
  • Posting inappropriate videos on social media

• Is one or a series of action(s) or any improper or inappropriate behaviour for which
  there is no bona fide and reasonable justification; and has the effect or purpose of imposing burdens,
  obligations or disadvantages on persons or groups of persons based on the Prohibited Grounds, and/or
  that result in the unfavourable, adverse or preferential treatment which negatively affects or could
  negatively affect the employment status of an employee or the academic status of a student, or the
  provision of any college service.

  Examples include but are not restricted to:

  • Refusal to provide goods, services or facilities
  • Exclusion from employment or employment benefits
  • Refusal to work with, study with or teach someone
  • Failure to provide physical access

• Any behaviour that is violent in nature and results in the assault of another person; or the threat of another person or group of persons with physical harm; or causing another person or group of persons to have reasonable grounds to fear physical harm; or an act which threatens or violates the rights and safety of any member of the College community; or interferes with the learning/working/social environment.

• Any one or series of vexatious comments and/or conduct towards a person or group of
  people that is known or ought reasonably to be known to be unwelcome, unwanted, offensive,
  intimidating, hostile or inappropriate. The comments or conduct may or may not be based upon one of
  the Prohibited Grounds and may have the effect or purpose of unreasonably interfering with a person’s
  work or academic, athletic or artistic performance or of creating an intimidating or hostile environment
  for work or study. Single acts of sufficient severity may also constitute harassment.

  Examples include but are not restricted to:

  • Gestures
  • Remarks
  • Criticism unrelated to academic/work performance
  • Jokes
  • Taunting
  • Innuendo
  • Offensive Graffiti
  • Threats
  • Display of offensive materials
  • Verbal or physical assault
  • Shunning or exclusion related to the Prohibited Grounds
  • Abuse of academic penalties
  • Hazing
  • Stalking

• Means any notice, sign, symbol, emblem or other
  representation that expresses or implies discrimination or an intention to discriminate (inciting hatred)
  against any identifiable group.
  The Ontario Human Rights Code specifically prohibits the expressed intent to discriminate or infringe
  rights, or intent to incite others to discriminate or infringe rights, under the Human Rights Code.

  It is a violation of this policy, to publish, display, transmit (by any medium), knowingly retrieve or
  distribute before the public or direct to an individual, or cause to be published, displayed, transmitted or
  distributed within the College or through the use of College resources, with the intent of inciting others
  to discriminate (inciting hatred against any identifiable group), any hate literature. Communicating
  statements, other than in private conversation, which wilfully promote hatred against any identifiable
  group is an offense under the Criminal Code.

• The manager for the Centre for Equity acts as the advisor on all equity related inquiries or complaints by offering advice and opportunity to consult on all subjects related to human rights. The advisor will mediate when appropriate.

• (sometimes referred to as swarming): It can be the repeated, malicious mistreatment of a
  person by two or more people. It may include overt behaviour or could instead be covert.

  • Overt behaviour could include physical and or direct verbal confrontation, such as physically
    surrounding, crowding or engulfing them
  • Covert behaviour include using rumour, innuendo, making inappropriate jokes, and public
    slander.

• Means that a complaint will be heard by an unbiased decision-maker. It also calls for adequate notice to be given to a person about allegations put forth against them so that they have a reasonable opportunity to prepare and present their response.

• Is a form of discrimination. It may be created by comments or actions of any persons regardless of her/his position or status. These offensive comments or actions spoil the work, study, housing or other environment. The poisoned environment forms an unequal term or condition of employment, study and/or accommodation, based on a prohibited ground, and is therefore a violation of the right to be free from discrimination. The comment or conduct must be of a significant nature or degree and have the effect of ‘poisoning’ the work or study environment. A complainant does not have to be a direct target to be adversely affected by a negative environment. It includes any conduct or comment that creates and maintains an offensive, hostile, or intimidating climate for study or work. This may include, but is not limited to: exposure to graffiti, signs, cartoons, remarks, exclusion, or adverse treatment.

• Means buildings and lands owned, leased, operated, controlled or supervised by the College.

• Race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sex, sexual orientation, gender identity, gender expression, age, marital status, family status or disability. For the purpose of living accommodation, this list also includes receipt of public assistance.

• Any adverse action against anyone for acting in compliance with the Code, for seeking the application of the Code or for participating in a process arising from the Code.

• A penalty that acts to ensure compliance to recommendations and/or findings from a formal complaint investigation based on the Code.

• Is any type of unwanted sexual act done by one person to another that violates the
  sexual integrity of the victim, and involves a range of behaviours from any unwanted touching to
  penetration. Sexual assault is characterized by a broad range of behaviours that involve the use of force,
  threats, or control towards a person, which makes that person feel uncomfortable, distressed, frightened, threatened, or that is carried out in circumstances in which the person has not freely agreed,
  consented to, or is incapable of consenting to.

• Means conduct of a gender-related or sexual nature when:

  • Submission to such conduct is made, whether explicitly or implicitly, a term or condition
    of a person’s employment or educational progress; or
  • Submission or rejection of such conduct is used as the basis for an employment or
    academic decision affecting that person; or
  • Such conduct has the effect or purpose of reasonably interfering with a person’s work or
    academic, athletic or artistic performance or of creating an intimidating or hostile
    environment for work or study.

  Depending on its severity, one action may constitute sexual harassment.
  Examples include but are not restricted to:

  • sexual assault, verbal abuse or threats of a sexual nature, demeaning gestures, remarks
    and jokes; slurs, taunting, innuendo based on gender or sexual orientation;
  • unwanted physical contact;
  • unwelcome sexual invitations, requests, or demands for sexual favours;
  • implied or expressed promise of reward or benefit in return for sexual favours;
  • implied or expressed threat or act of reprisal if sexual favours are not given;
  • leering;
  • inappropriate comments about clothing, body, appearance or activities;
  • unwanted questions or comments about one’s private life, sexual orientation, marital or
    family status;
  • the display of sexually offensive material;
  • solicitation;
  • unwanted attention.

• Is a broad term that describes any violence, physical or psychological, carried out through sexual means or by targeting sexuality. This violence takes different forms including sexual abuse and sexual assault.

• Means a person who is registered in a course of study through the College and engaged in any academic work which may lead to the recording and/or issue of a mark or grade. Employees of the college may also be students at the College.

• Includes behaviour that: disrupts the teaching learning process, or interferes
  with the well-being of other students or employees, or causes damage to College property.

  Student Misconduct also includes the following, but is not limited to:

  • Assault
  • all forms of Bullying
  • all forms of Discrimination, including contributing to a Poisoned Environment
  • Disruptive, Threatening or Violent Conduct
  • Harassment
  • Mobbing
  • Sexual Assault
  • Sexual Harassment
  • Sexual Violence
  • Workplace Harassment
  • Workplace Sexual Harassment

  Student Misconduct also includes, but is not limited to:

  • Furnishing with intent, false information to any College official, faculty member or officer.
  • Disruption or obstruction of teaching or learning activities, including those College-directed
    functions on-campus or off-campus.
  • Theft, attempted theft or mischief related to the property of the College, or the property of a
    member of the College community.
  • Assault, verbal abuse, threats, intimidation, harassment and/or other conduct, which result in
    members of the College community feeling threatened or in danger.
  • Any act which endangers the mental or physical health, safety, or the rights of a student or
    employee of the College, or of clients served by the students during their field work, clinical
    experience or co-operative education work term.
  • Failure to comply with directions of College officials or agents or law enforcement officers acting
    in the performance of their duties, and/or failure to identify one’s self to these persons when
    requested to do so.
  • Carrying or possession of explosives, weapons, or dangerous chemicals on College premises,
    except where required for academic purposes
  • Conduct which is disorderly, lewd or indecent.
  • Unauthorized use of electronic or other devices to make an audio, video, photographic or digital
    record of any person while on College premises without his or her prior knowledge and effective
    consent when it is reasonable to believe that the recording or the nature in which it is played,
    shown, distributed or displayed is likely to cause distress to any person. As an example, this
    includes secretly taking pictures of another person in a gym, locker room, or rest room.
  • Breach of peace on College premises or at functions sponsored by the College or the student
    government.
  • Counselling, prompting, or otherwise aiding others in unacceptable acts.
  • Forgery of document(s), permit(s) or instrument(s) of identification, or tampering with official
    records.
  • Possession of, or trafficking in, a controlled substance as defined in the Controlled Drugs and
    Substances Act.
  • Contravention of provincial liquor laws or any policies of the College governing the possession,
    distribution, and/or consumption of alcoholic beverages.
  • Being under the influence of either alcohol or a controlled substance to the degree that a
    student:
    • may injure himself or herself, others, or property;
    • be a nuisance or disturbance to others in the vicinity;
    • is in such a condition that it is reasonable to believe that he or she is incapable of taking
      the necessary measures to assure their own safety or the safety of others.
  • Theft or other abuse of computer facilities and resources, including but not limited to:
    • Unauthorized entry into a file, to use, read, or change the contents, or for any other
      purpose.
    • Unauthorized transfer of a file.
    • Use of another individual’s identification and/or password.
    • Use of computing facilities and resources to interfere with the work of another student,
      faculty member, or College Official.
    • Use of computing facilities and resources to send obscene or abusive messages.
    • Use of computing facilities and resources to interfere with normal operation of the
      College computing system.
    • Use of computing facilities and resources in violation of copyright laws.
    • Any violation of the Cambrian College Information Technology Acceptable Use Policy.
  • The breach of any policy or procedure that applies to students.

• As defined in the Occupational Health and Safety Act

  • engaging in a course of vexatious comment or conduct against a worker in a workplace
    that is known or ought reasonably to be known to be unwelcome, or
  • workplace sexual harassment.

  NB: The more detailed definition of “HARASSMENT”, above, may also be applied to “WORKPLACE
  HARASSMENT”

• As defined in the Occupational Health and Safety Act

  • engaging in a course of vexatious comment or conduct against a worker in a workplace
    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, or
  • making a sexual solicitation or advance where the person making the solicitation or
    advance is in a position to confer, grant or deny a benefit or advancement to the worker
    and the person knows or ought reasonably to know that the solicitation or advance is
    unwelcome.

  NB: The more detailed definition of “SEXUAL HARASSMENT”, above, may also be applied to
  “WORKPLACE SEXUAL HARASSMENT”.