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Annual Report 2011-2012 - Human rights: the next generation /

Guidelines on accessible education

Discrimination Type
harassment
Organizational responsibility
policy and procedure development
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Anti-harassment policy

The following are suggested contents for an anti-harassment policy that is broad enough to cover all forms of harassment in the educational setting.

  • A statement setting out the education provider’s commitment to a fair and equitable learning environment free of discrimination and harassment and that discrimination/harassment will not be tolerated by the educational institution.
  • A statement of rights and obligations, including:
    • student rights
    • education provider, educator, and school staff obligations
    • a statement indicating that no reprisals are permitted or will be taken against a student making a complaint.
  • A list of the prohibited grounds of discrimination listed in the Code.
  • The Code definitions of "harassment" and of "sexual harassment/solicitation.”
  • An explanation of the concept of a "poisoned environment" as a violation of the Code.[49]
  • Description/examples of unacceptable behaviour, such as:
    • examples of harassment based on a ground listed in the Code
    • refusal to evaluate fairly based on a ground listed in the Code
    • examples of what would constitute sexual harassment, etc.
  • How internal complaints will be handled, including:
    • confidentiality
    • length of time for complaint to be investigated, etc.
  • Disciplinary measures that will be applied if a claim of harassment or discrimination is proven.
  • Remedies that will be available if the claim of harassment or discrimination is proven, such as:
    • an oral or written apology from the harasser/person who discriminated and educational institution
    • recovery of lost class time, fair evaluation, or academic credit that was denied
    • compensation for injury to dignity.
  • A statement reinforcing the right of students to file a application with the Tribunal at any time during the internal process, as well as an explanation of the one-year time requirement in the Code.

[49] See Part 3.1.6 of the OHRC’s Policy on Sexual Harassment and Inappropriate Gender-Related Comments and Conduct available online at the OHRC’s website: www.ohrc.on.ca.