Procedure 25.A.28

Procedure 25.A.28―Safe, secure, and respectful environment The BCTF is committed to providing a safe, secure, and respectful environment that is free from discrimination, as defined by the BC Human Rights Code, bullying and harassment at all BCTFsponsored meetings and events as is reflected in Procedure 25.A.26—4., the Commitment to Solidarity.

This applies to all members attending BCTF-sponsored events.

BCTF-sponsored event is defined as any activity, event, or meeting at which Federation business takes place, or any interaction relating to Federation business, and includes: 1. annual general meetings, representative assemblies, and all Federation committee meetings and task forces.

2. videoconferences, phone calls, and emails.

3. physical location.

4. online activities, such as social networking, and messaging.

1. Definition of bullying and personal harassment a. Bullying and personal harassment is definetd as behaviours that would be understood by a reasonable person to be contrary to the development and maintenance of a respectful relationship. These behaviours include, but are not limited to, incidents that are: i. vexatious; conduct, comments, actions, or gestures which are humiliating, offensive, hurtful, or belittling. ii. repeated; conduct, comments, actions, or gestures that when taken in isolation seem minor, but when repeated can lead to a conclusion of harassment. iii. a single incident of sufficient seriousness to have a significant impact on the recipient or the environment. iv. hostile or unwanted. v. affecting the member’s dignity, well-being, or physical integrity. vi. resulting in a harmful or poisoned environment. b. Examples of bullying and personal harassment include, but are not limited to: i. written or verbal comments, actions, gestures, or other behaviours or “jokes” which are humiliating, offensive, hurtful, or belittling. ii. intimidation. iii. abusing authority. iv. yelling or shouting at an individual or group (except where intended to alert another to danger). v. attempting to discredit an individual or group by spreading false information about them.

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2. Actions that are not included in this policy a. Nothing in this policy is meant to fetter lively discussion of different points of view and vigorous debate, as reflected in the Commitment to Solidarity statement, or the exercising of authority as provided for in the Standing Rules of Order of the Annual General Meeting and Representative Assembly, and the Simplified Rules of Order for other BCTF meetings. b. The policy is also not meant to discourage well-meaning, active engagement in the union and should be seen as a way to prevent complaints and/or support the resolution of complaints, rather than a means to limit engagement, influence political decisions, or restrain participation.

3. Member responsibilities Every member has the right to be treated in a fair, reasonable, and respectful manner.

Members covered by this policy are responsible for creating a respectful environment by: a. ensuring behaviours are respectful and appropriate at all times. b. accepting responsibility for one’s actions, reactions, and behaviours, and their impact on others. c. making one’s concerns known promptly and appropriately. d. being a part of the solution by raising concerns directly with the member in private, by approaching the conversation with an open mind, by clarifying one’s concerns in a respectful manner with resolution being the focus and goal.

4. No reprisals No adverse action, including retaliation, shall be directed to either a member making a complaint or receiving a complaint. All complaints are made in good faith and on the basis of reasonable beliefs.

5. False or frivolous complaints Members shall not make false or frivolous complaints.

6. Confidentiality All proceedings under these procedures including resolutions shall remain confidential, subject to the Federation’s ability to conduct a full and thorough investigation, if necessary.

The Federation will not disclose any information about a complaint except as is necessary, and only to the extent that is necessary, in order to investigate the complaint, to take action on the complaint or as may be required by law.

7. Expected behaviours and stated values Appropriate behaviours create an environment of mutual support and respect. a. All members are equal and deserve mutual respect. b. An inclusive union is a strong union and we commit to embracing both unity and diversity. c. All members have the right to be safe and to feel safe and be treated with dignity at BCTF meetings. d. All Federation meetings will be conducted in an environment free from harassment, bullying, discrimination, and intolerance. e. All members commit to giving our full attention to members, presenters, and invited guests who address our meetings. f. Vigorous discussion and active participation is valued.

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g. Sharing and debating perspectives respectfully and sharing our firmly held beliefs with each other in meetings and externally as a collective. h. Members strive to resolve member-to-member conflicts in a timely, constructive, resolution-focused manner.

8. Resolution―BCTF, RA, or AGM All members will commit to good faith participation in the process by seeking resolution.

When a member feels that they are the target of bullying or harassing behaviours they may: a. raise concerns directly with the member in private, by approaching the conversation with an open mind, by clarifying one’s concerns in a respectful manner with resolution being the focus and goal, and/or. b. contact the appointed ombudspersons for the meeting. The procedures outlined in 25.A.26—3. will be followed.

9. Resolution―other BCTF meetings and events (sponsored and initiated by the BCTF) All members will commit to good faith participation in the process by seeking resolution.

When a member feels that they are the target of bullying or harassing behaviours they may: a. raise concerns directly with the member in private, by approaching the conversation with an open mind, by clarifying one’s concerns in a respectful manner with resolution being the focus and goal, and/or. b. Contact the Executive Director as per the process outlined in 10 below.

10. Resolution―additional processes If the President or Executive Director is asked to assist in the informal resolution of a conflict, they will have the discretion to draw on BCTF members from the Internal Mediation Service or seek assistance from external sources. Pursuing an informal process does not preclude any person from filing a formal complaint under this Procedure. An individual is not required to go through the informal resolution process before proceeding to filing a formal complaint if they wish.

Where member-to-member conversations have not achieved resolution and/or when a member has chosen to take the complaint directly to the Executive Director, the following process will be followed: a. The member making the complaint (initiator) will submit to the Executive Director a written complaint, signed and dated. A copy of this complaint will be provided to the responder. The complaint must include: i. the names of the initiator and responder ii. details of the incident(s) that led to the complaint, including dates, places, names of members involved or witnesses to the incident(s) and any other relevant information. b. The Executive Director will review the complaint. This review will include contact with the initiator, the responder, and may include any witnesses if, in the opinion of the Executive Director, more information is required. Should the responder choose to provide written information that information will be provided to the initiator. The Executive Director will determine whether: i. the complaint has been appropriately dealt with and resolved, or ii. if not resolved satisfactorily, commence a mediation process.

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c. If it is determined that a mediation process will commence, mediation may include: i. support and guidance to members in conducting difficult conversations. ii. development of new skills or approaches for resolving the conflict. iii. exploration of options for resolution. iv. facilitation of joint problem solving meetings. d. The Executive Director will have the discretion to draw on BCTF members from the Internal Mediation Service or seek assistance from external sources. e. The Executive Director, in consultation with the President, may determine that an investigation is required and initiate an internal or external investigation. f. In a situation where there is no identified complainant, or an individual or witness does not wish to go forward with a complaint, the complaint will typically not be carried forward. However, in keeping with the BCTF’s commitment to ensuring the safety and dignity of all individuals participating in BCTF-sponsored events, if conduct poses a risk of harm to the safety or well-being of an individual or group, is seriously impairing the effective functioning of BCTF business at any BCTF-sponsored event, or is significantly undermining the Federation’s ability to meet its commitments under Procedures 25.A.26 and/or 25.A.28, the Executive Director, in consultation with the President, may initiate processes under this section. g. The Executive Director, in consultation with the President, may, where reasonably necessary to address an urgent concern, request that a member who is engaging in harassing or discriminatory behaviour: i. cease any harassing or discriminatory behaviour. ii. leave or refrain from attending a meeting. iii. cease communicating with another member. h. In exceptional circumstances, where reasonably necessary to address serious or persistent harassing or discriminatory behaviour, the chair of a meeting and/or the individual responsible for an event may direct an individual to leave a meeting or event. i. Following an investigation which finds a breach of Procedure 25.A.26 or 25.A.28, the Executive Director, in consultation with the President, may take actions to stop or remedy harassment or discrimination including: i. issuing directions with respect to further participation in BCTF-sponsored events. ii. recommending to the BCTF Executive, the removal of a member from BCTF committee work and a prohibition from participating on future BCTF committees, activities, or events. iii. referring the matter to the BCTF Judicial Council. j. The Executive Director and President may assign designates to assume their powers and responsibilities with respect to this procedure.

Note: None of these procedures are applicable to local association offices. Locals, as employers, are obliged to develop their own policies and procedures dealing with bullying and harassment in the workplace, and are advised to put their own policies and procedures in place for locally sponsored meetings and events.

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