Discrimination and Harassment Prevention

Health, Safety and Environment

Responsibility: Associate Vice-President, Human Resources / Associate Vice-President, Student Affairs
Authorization: Board of Governors
Approval Date: Dec 1, 1998
Amended: Mar 30, 2001 / Jan 31, 2003 / May 2, 2008 / Mar 5, 2013 / Mar 18, 2014

Purpose

To provide students and employees with a positive environment for working and learning that is free of discrimination and harassment, and to comply with the Saskatchewan Human Rights Code and with the Saskatchewan Occupational Health and Safety Act and Regulations.

Principles

The University of Saskatchewan is committed to creating and maintaining a positive environment for working and learning that is free of discrimination and harassment.

Scope of this policy

This policy applies to all members of the university community including individuals employed directly or indirectly at the university, students, volunteers and visitors.  This policy applies to risks, threats and incidents of discrimination or harassment that occur on university premises and other work and study sites under the university's control, or during the course of any university sponsored event.  This policy also applies to conduct not on university premises that has an identifiable and substantial link to the university, or that affects the university learning or living environment.  A formal complaint under any other university policy or collective agreement article may trigger this policy.

Situations involving violence or the threat of violence will be handled using the procedures contained in the University of Saskatchewan Violence Prevention Policy.

Definitions

Discrimination and Harassment are prohibited under The Saskatchewan Human Rights Code and The Occupational Health and Safety Act, 1993.

Discrimination Based on Prohibited Grounds
The definition of discrimination under these procedures refers to any differential treatment, inappropriate conduct, comment, display, action or gesture by a person that is based on the following prohibited grounds: religion, creed, marital status, family status, sex (including: gender expression, gender identity and two spirit identity), sexual orientation, disability, age, colour, ancestry, nationality, place of origin, race or perceived race and receipt of public assistance.

Harassment Based on Prohibited Grounds
The definition of harassment under these procedures includes any inappropriate conduct, comment, display, action or gesture by a person:

a) that is based on the following prohibited grounds: religion, creed, marital status, family status, sex (including: gender expression, gender identity and two spirit identity), sexual orientation, disability, physical size or weight, age, colour, ancestry, nationality, place of origin, race or perceived race.

OR

b) adversely affects the worker's psychological or physical well-being and that the person knows or ought to reasonably know would cause a worker to be humiliated or intimidated; and

c) that constitutes a threat to the health or safety of the student or employee.

Sexual Harassment
Harassment includes sexual harassment, which is a form of harassment based on the prohibited ground of sex.  Unwelcome conduct, comments, gestures or contact of a sexual nature constitutes sexual harassment when:

a) submission to, or rejection of, such conduct is implicitly or explicitly made a term or condition of an individual's employment or student status;

b) such conduct is used as a basis for making decisions relating to an individual's employment or student status or welfare as an employee or student; or

c) the unwanted conduct, comments, gestures or contact create a hostile or intimidating environment for working or learning.

Personal Harassment
Harassment also includes personal harassment, which is any inappropriate conduct, comment, display, action or gesture by a person that adversely affects an employee's or student's psychological or physical well-being and that the person knows or ought reasonably to know would cause an employee or student to be humiliated or intimidated.

Personal harassment usually involves a series of incidents or repeated conduct that creates a hostile or intimidating environment, but will also exist where there is a single, serious occurrence of conduct or a single, serious comment, display, action or gesture that causes a lasting harmful effect on the employee or student

What is Not Harassment
Harassment does not include:

a) day-to-day management or supervisory decisions involving work assignments, job assessment and evaluation and disciplinary action:

b) demands for academic excellence or a reasonable quality of work; or

c) the reasonable expression of opinions, debate or critique of an individual's ideas or work.

This policy does not limit or amend the provision of any collective agreement and is not intended to discourage or prevent someone from pursuing a complaint with the Saskatchewan Human Rights Commission, Occupational Health and Safety, or via any other legal avenues available.

Policy

The University of Saskatchewan is committed to creating and maintaining a positive environment for working and learning that is free of discrimination, as outlined in the Saskatchewan Human Rights Code, based on any of the following prohibited grounds: religion, creed, marital status, family status, sex (including: gender expression, gender identity and two spirit identity), sexual orientation, disability, age, colour, ancestry, nationality, place of origin, race or perceived race and receipt of public assistance.

Harassment is not limited to these prohibited grounds, and may refer to any repeated or single serious occurrence of inappropriate conduct, comment, display, action or gesture.

Furthermore, both discrimination and harassment are prohibited by law and will not be tolerated.  The university will respond to reports of discrimination and harassment as promptly and effectively as possible and will take appropriate action to prevent and correct behaviour that violates this policy.

Responsibility

All members of the university community are responsible for ensuring a discrimination and harassment free environment.  Further details regarding the responsibilities of the university, employees and students can be found at: http://working.usask.ca/wellnessandsafety/index.php.

Non-compliance

Following procedural fairness, the university may take action against anyone whose activities are in violation of the law or of this policy, as being in contravention would constitute discrimination or harassment.

The actions taken may include, but are not limited to:

  • disciplinary actions for students under either the Regulations on Student Academic Misconduct or the Standard of Student Conduct in Non-Academic Matters;
  • disciplinary action for employees in accordance wit the respective collective agreement;
  • legal action that could result in criminal or civil proceedings.

The university may also take action against those who were aware of discrimination or harassment but failed to report it, those who act in a retaliatory manner against a complainant and those who file intentionally false complaints.

Related Procedures

http://working.usask.ca/wellnessandsafety/index.php

Related Documents

There are no other documents associated with this policy.

Contact Information

Contact Person: Discrimination and Harassment Prevention
Email: dhps@usask.ca
Phone: 306-966-4936
Website: http://www.usask.ca/dhps