To provide clarity and expectations around Edmonton Public Schools’ commitment to providing students and staff with welcoming, safe, caring, inclusive and respectful working and learning environments. Through awareness, education, complaint resolution and investigation processes, Edmonton Public Schools strives, to the extent that is reasonably practicable, to manage workplace hazards of harassment (including sexual harassment), discrimination, racism and/or workplace bullying.
Complainant means the individual who makes a complaint.
Discrimination means limiting opportunities, benefits or advantages with respect to access to any term or condition of employment that is available to others under any protected ground identified by the Alberta Human Rights Act. The behaviour giving rise to a complaint of discrimination may be direct or indirect and need not be intentional in order to be considered discrimination.
With reference to employment, the above does not apply to a refusal, limitation, specification or preference based on a bona fide occupational requirement.
Dispute/Conflict resolution processes are confidential, voluntary, collaborative problem-solving alternatives to the complaint process set out in section C.3 in this regulation whereby individuals can communicate with the assistance of a neutral third party with the aim of identifying mutual interests and resolving a dispute. Examples of alternative approaches may include such strategies as face-to-face conversation, conflict management coaching, facilitated discussion or mediation.
Harassment is objectionable or unwelcome conduct, comments, bullying, gestures, contact or actions based on race, religious beliefs, colour, physical disability, mental disability, age, ancestry, place of origin, marital status, source of income, family status, gender, gender identity, gender expression or sexual orientation. The conduct is directed to an employee or group in the workplace within or outside regular work hours, by a person that knows or ought reasonably to know their actions would cause offence, humiliation or adversely affect the health and safety of another person. Harassing behaviour includes actions that occur at work, at any event or location related to work or resulting from work or that may negatively impact working relationships. Harassment normally refers to a series of incidents or repeated behaviour, but can be one incident.
Harassment includes, but is not limited to, actions intended to intimidate, threaten, demean/degrade/devalue, ridicule, belittle, embarrass, taunt, coerce or bully another person or group. The actions create fear or mistrust and may be explicit or indirect, or physical, psychological, psychosocial or electronic in nature. Harassment includes a pattern of microaggression, which is a comment or action, often subtle, whether conscious, unconscious or unintended, that demonstrates a prejudiced attitude or bias towards a member of a marginalized group (e.g., expressions of racism, sexism, ageism or ableism; or based on gender, ethnic, cultural or economic assumptions).
Harassment excludes differences of opinion or minor disagreements between co-workers, and any reasonable conduct of Edmonton Public Schools or a supervisor related to the supervision and management of an employee or a work site.
Prohibited behaviour means discrimination, racism, harassment (including sexual harassment) and/or workplace bullying.
Protected grounds are grounds protected from discrimination under the Alberta Human Rights Act. Grounds include race, colour, ancestry, place of origin, religious beliefs, gender, gender identity, gender expression, age, physical disability, mental disability, marital status, family status, source of income and sexual orientation.
Racism occurs in the context of a power imbalance and is prejudice based on beliefs of superiority resulting in advantage of one race over another. It includes conscious and unconscious discriminatory or derogatory attitudes, comments or actions derived from assumptions and perceptions relative to race, colour, ancestry or place of origin.
Respect means to honour and demonstrate consideration for the dignity, rights, feelings, opinions and property of others. Respect means treating others in a way that recognizes their worth and builds trust, relationships, well-being and a sense of safety as the foundation for a healthy work environment.
Respondent means the individual who is alleged to have engaged in Prohibited Behaviour(s).
Sexual harassment is any unwelcome behaviour that is sexual in nature in the workplace or other related professional or social situation. Unwanted sexual advances or requests for sexual acts, and other verbal, physical or electronic/virtual conduct of a sexual nature constitutes sexual harassment when:
Sexual harassment includes, but is not limited to, such actions as unwanted touching (e.g., pinching, patting, rubbing), leering, sexist or ‘dirty’ jokes, physical advances, display of sexually suggestive images/materials, derogatory or degrading comments, sexually suggestive gestures and unwelcome propositions, innuendos, demands, advances, comments or inquiries of a sexual nature.
Vexatious (includes Malicious) describes a complaint that is submitted without reasonable or probable cause, is not submitted in good faith (i.e., with honesty and positive intention) and has the intention to cause harm.
Workplace Bullying is the persistent negative, aggressive or hostile action by an employee or group of employees directed toward another employee or group of employees in or related to the workplace, whether or not it occurs in a Division building or during the regular work day, that causes the targeted individual(s) to feel uncomfortable, intimidated, fearful or unsafe. Workplace bullying may be subtle or overt, threatened or actual, and verbal, physical or electronic in nature; and may or may not be in the context of an unequal power relationship between the parties.