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Respectful Workplace Policy

I.     Purpose

Toronto Metropolitan University is committed to maintaining a respectful working environment where integrity, professionalism, trust, inclusivity and conduct consistent with the University’s values and principles are the norm.  

A respectful environment is one in which human dignity is valued, diverse perspectives, ideas, and experiences are encouraged, and where all University Community members strive for ongoing improvement. It also includes the fostering of an environment where those University Community members with academic freedom share in open inquiry and the pursuit of knowledge in a positive, respectful manner.  Nothing in this Policy shall be construed to impinge upon the academic freedom provisions specified in University collective agreements or policies.  

There is a shared responsibility by all members of the University Community to conduct themselves in a manner that upholds the values outlined in this Policy in all interactions, whether in person or virtually, and through verbal, non-verbal or written communication and interpersonal conduct.

This Policy is intended to: 

a.    Outline the University’s values and commitments which encourage workplace practices that foster respect and civility, and to educate University Community members through  training about the expectations to uphold these values.Comply with legislative requirements outlined in the Occupational Health and Safety Act (external link) .

b.    Together with the Respectful Workplace Procedures, provide a comprehensive workplace harassment prevention policy and program as required by the Occupational Health and Safety Act. (external link) 

c.    Outline a complaint resolution process that is fair, transparent and appropriate in the circumstances for responding to complaints and reports of Disrespectful Behaviours, including alternative resolution and restorative practices.

d.    Outline accountability measures for those who are found to have breached this Policy.

II.    Values and Guiding Principles

The University values and expects all University Community members to contribute to a respectful and harassment-free environment.  In such an environment:

a.    Individuals feel safe, valued, and respected;

b.    Individuals listen and respond respectfully to the views and concerns of others, including when there is disagreement;

c.    Individuals are accountable for their own behaviours;

d.    Individuals can respectfully raise questions and issues without fear of negative consequences;

e.    Mental health and psychological safety are prioritized and supported;

f.    All University Community members are free to claim their rights under this Policy, to provide evidence, and to participate in an investigation or complaint resolution process, without reprisal or threat of reprisal;

g.    Complaints are addressed in a timely and respectful manner;

h.    Inappropriate and unacceptable behaviours are addressed in a timely and proportionate manner. Acting and promoting early intervention when workplace issues arise is important to reducing escalation.   

Equity, Diversity, Inclusion and Belonging are core Values of the University

The University is committed to equity, diversity, inclusion, accessibility, and belonging. The University is a diverse community, and the University recognizes that efforts to address workplace behaviour and interactions need to be grounded in the understanding that each person’s experience will be affected by many factors, including the intersection of their identities, such as sex, gender identity and expression, experiences of colonization, intergenerational trauma, ancestry, race, ethnicity, language, disability, creed, age, socioeconomic status, and sexual orientation. The University is committed to ensuring that its prevention efforts, support services, and complaint resolution processes, apply a trauma-informed approach and an anti-oppression framework.  

III.    Scope and Application 

This Policy applies to all faculty and staff, as well as other individuals including Visitors and those required to follow the Policy under terms of contracts or agreements, such as contractors and vendors.  

This Policy applies to University Community members who are alleged to have engaged in Disrespectful Behaviours where there is a connection to the University’s learning, working and/or living environments, regardless of whether the alleged Disrespectful Behavior takes place on campus, off campus, or in online environments.

Allegations of Workplace Sexual Harassment and Discrimination or Harassment based on the protected grounds outlined in the Ontario Human Rights Code are addressed through the University’s Sexual Violence Policy and Discrimination and Harassment Prevention Policy, respectively. 

This Policy and its Procedures outline the process by which the University will address complaints by faculty or staff of Workplace Harassment under the Occupational Health and Safety Act by a student. This process may include appropriate referrals to other University policies that govern student conduct such as the Student Code of Non-Academic Conduct. Where a student is also an employee, and the complaint of Workplace Harassment relates to their employment, this Policy will apply. Union members may request representation while exercising their rights under the Occupational Health and Safety Act.

If a conflict arises between the provisions of this Policy and any relevant collective agreement, the terms of the collective agreement prevail unless the collective agreement is in conflict with legislation.

IV.     Definitions

For the purpose of this Policy:

“Alternative Resolution” means an alternative form of complaint resolution that does not include an investigation or issuing a decision.

“Civility” means treating others with dignity, courtesy, respect, politeness, and consideration.  Civility requires that even the most critical feedback be delivered respectfully, privately if discussing performance, and courteously.

“Complaint Resolution Process” means the process initiated under this Policy when Human Resources receives a complaint or report and determines that it falls within the jurisdiction of this Policy and meets the threshold to proceed through an alternative resolution or investigation process.

“Disrespectful Behaviour” means a broad range of comment or conduct, including but not necessarily limited to the types of behaviours listed below. Disrespectful Behaviour must not be confused with legitimate comments and/or feedback from Leaders on the work performance or work-related behaviour of an individual or group. Feedback on work performance or work-related behaviour differs from Disrespectful Behaviour or Workplace Harassment in that feedback is intended to assist employees to improve work performance or the standard of their behaviour. 

 a.    “Rude and Unprofessional Behaviour” encompasses a broad range of behaviours, comments, or conduct including, but not limited to, shouting or swearing, unsolicited and unwelcome conduct, comment (oral or written, including email communication), gestures, actions or contact that cause offense, humiliation, or physical or emotional harm to any individual.   

This behaviour can be subtle or overt. It can be intentional or unintentional.   It may be a single serious incident or may involve a continuing series of incidents.

Specific actions that are considered disrespectful, such as comment or conduct that a person knows or ought to know would be unwelcome, offensive, embarrassing or hurtful, rudeness, or display of offensive material can vary dramatically by place, time and context. Differences including, but not limited to, social role, gender, social class, religion and cultural identity may all affect the perception of a given behaviour. Consequently, a behaviour that is considered perfectly acceptable by some people, and in some cultures, may be considered inappropriate and rude by others.

Although Disrespectful Behaviour may be subjective or unintentional, this does not excuse the behaviour. Rather, these factors may provide an explanation that can help to resolve a complaint and guide future behaviour.

b.    “Workplace Violence” means:

i.    The exercise of physical force by a person against a worker, in a workplace, that causes or could cause physical injury to the worker;

ii.    An attempt to exercise physical force against a worker, in a workplace, that could cause physical injury to the worker;

iii.    A statement or behaviour that it is reasonable for a worker to interpret as a threat to exercise physical force against the worker, in a workplace, that could cause physical injury to the worker.

c.    “Workplace Harassment” means 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.  A single act could also be sufficient cause to establish Workplace Harassment.  Workplace Sexual Harassment is addressed under the University’s Sexual Violence Policy and Discrimination and Harassment Prevention Policy.

d.    “Bullying” means verbal comments that are meant to psychologically or 'mentally' hurt or isolate a person in the workplace. Sometimes, Bullying can involve negative physical contact as well. Bullying usually involves repeated incidents or a pattern of behaviour that is intended to intimidate, offend, degrade or humiliate a person or group of people. It has also been described as the assertion of power through aggression.  While not an exhaustive list, some examples include:

I.    Spreading malicious rumours, gossip, or innuendo;

II.   Intentionally excluding, ignoring or isolating someone socially;

III.    Withholding necessary information or purposefully giving the wrong     information;

IV.    Making jokes that are 'obviously offensive'  or would reasonably be understood to be offensive, verbally or in writing; 

V.    Yelling or using profanity; or,

VI.    Belittling a person's opinions.

e.    “Cyberbullying” means bullying or harassment that occurs through the use of electronic communication, including e-mail, text messaging, and social networking. This can involve the posting of comments, rumors, photos or the sending of threatening messages.

f.    “Poisoned Work Environment” occurs when Disrespectful Behaviors are sufficiently severe and/or pervasive and cause significant and unreasonable interference to the work environment. They may be deemed as creating an intimidating, hostile and offensive workplace environment.

A poisoned environment can interfere with or undermine work performance and can cause emotional and psychological stress.  Although a person may not be the target of the behaviours, a person may feel the effects of certain disrespectful behaviours at their place of work.

“Indigenous Conflict Resolution” - The University is committed to addressing the legacy of colonization and is actively working towards meaningful truth and reconciliation.  TMU’s commitment includes Indigenous well-being and working towards an even more inclusive environment.  In-line with this commitment, Indigenous peoples (faculty and staff) have the choice to request Indigenous conflict resolution to address conflict in the workplace. Also referred to as restorative justice or transformative justice, Indigenous conflict resolution stems from Indigenous practices and is a set of approaches (which require a time investment) to resolve a complaint that requires individuals to be mindful of their words, actions, decisions and behaviours.  Indigenous conflict resolution practices will be guided by Indigenous Peoples with lived experience and may be guided, for example, by the 7 Grandparent Teachings and/or the Great Law of Peace.  Additional resources to support the process may include, but not are limited to, Elders, talking circles, and traditional medicines.  This form of conflict resolution is for Indigenous faculty and staff.

“Leader” means the person to which an individual reports.

“Reprisal” means retaliating, threatening or attempting to retaliate against a person for making a complaint or report of Disrespectful Behaviour, cooperating with or participating in a Complaint Resolution Process or for otherwise pursuing their rights under the Respectful Workplace Policy.

“Respectful Workplace” means everyone is treated fairly, differences are acknowledged and valued, communication is open and civil, conflict is addressed early, and there is a culture of empowerment and cooperation. 

“Workplace Sexual Harassment” means:

a.    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

b.    making a sexual solicitation or advance where the person making it 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.

“University” means Toronto Metropolitan University.

“University Community” means faculty, staff, and other individuals including Visitors, contractors and vendors who are contractually obligated to follow this Policy.  

“Visitor” means an individual, invited to the University, or having a role or purpose related to the business of the University.

V.     Policy

1.    All members of the University Community must act in a manner that is respectful of others.  Disrespectful Behaviour is not acceptable and will not be tolerated by the University. It is difficult to list all behaviours that may be deemed as a Disrespectful Behavior in violation of this Policy. Therefore, the expectation is that all members of the  University Community conduct themselves in a manner that supports the values and principles of this Policy in all interactions connected to the University’s learning, working and/or living environments, whether in person or virtually, and through verbal, non verbal or written communication and other forms of interpersonal conduct.

2.    Members of the University Community who hold supervisory or leadership roles shall set examples for others by their own actions and communicate expectations to those under their direction the University’s commitment to a Respectful Workplace.  This does not take away the responsibility of all University Community members to actively participate in contributing to a climate of respect and dignity towards all.

3.    Leaders must take steps to maintain an environment free from Disrespectful Behaviour, and where necessary take appropriate action to preserve or restore a Respectful Workplace when behaviours that are contrary to this Policy are witnessed.

Reporting or addressing concerns

4.    Allegations of Disrespectful Behaviour will be taken seriously and the University will respond to and address allegations in a timely, impartial, fair and transparent manner, respecting the confines of confidentiality. 

5.    Wherever possible, Disrespectful Behaviour should be addressed directly by the individual experiencing the Disrespectful Behaviour, in accordance with the Procedures.

6.    The primary responsibility for addressing allegations of Disrespectful Behaviour rests with Leaders who shall be responsible for responding to, and if necessary initiating, a Complaint Resolution Process into the allegation in accordance with the Procedures.

7.    Incidents of Disrespectful Behaviour experienced or witnessed by faculty or staff should be reported to their Leader in a timely manner and in accordance with the Procedures.  Bystanders play an important role in addressing Disrespectful Behaviour when observed and are encouraged to either address or report incidents as soon as possible. If the incident is not addressed by the Leader, or there is a concern about conflict of interest, including where an incident involves the individual’s Leader, the faculty or staff member should report the incident to Human Resources, their association, or union, in accordance with the Procedures.

8.    Where possible, addressing allegations of Disrespectful Behaviour through Alternative Resolution or Indigenous Conflict Resolution rather than a formal investigation is encouraged, in accordance with the Procedures.

9.    Incidents of Disrespectful Behaviour experienced or witnessed by members of the University Community who are not faculty or staff should be reported to Human Resources in accordance with the Procedures.

10.    This Policy and its Procedures outline the process by which the University will address complaints by faculty or staff of Workplace Harassment under the Occupational Health and Safety Act by a student. This process may include appropriate referrals to other University policies that govern student conduct such as the Student Code of Non-Academic Conduct.

11.    All persons involved in an allegation under this Policy (complainants, respondents, and those who assist in the process) shall be treated with respect and fairness. All members of the University Community may make good faith complaints and participate in a complaint resolution or investigation process under this Policy, without reprisal or threat of reprisal.  Reprisal or retaliation against anyone making a good faith complaint or participating in a complaint resolution process under this Policy is itself Disrespectful Behavior and a violation of this Policy and will be addressed.

12.    Allegations of Disrespectful Behaviours must be dealt with in a confidential manner. Appropriate confidentiality of the complainant(s) and respondent(s) and other information regarding the allegation will be maintained during the process to the extent possible, except as may be necessary for the purpose of investigating the allegation, or as required by law.

Accountability Measures

13.    Individuals who are found to be in breach of this Policy will be subject to accountability measures that are reasonable and appropriate in the circumstances, in accordance with  the principles of proportionality and progressive discipline. Non-exhaustive examples of general accountability measures include but are not limited to:

a.    Counselling and educational programs

b.    No contact orders

c.    Letter of behavioural expectations

d.    Restrictions related to University-related activities

e.    Suspension or termination of employment

14.    Faculty and staff who make an allegation of Disrespectful Behavior under this Policy and faculty and staff who are the subject of an allegation of Disrespectful Behavior under this Policy will be provided by the University with appropriate communication in writing as to the resolution of the allegation.

False Claims

15.    University Community members who intentionally make false, vexatious or unsubstantiated allegations of Disrespectful Behaviours under this Policy may be subject to accountability measures.

VI.    Roles and Responsibilities

1.    Members of the University Community are expected to:

a.    Conduct themselves in a manner that upholds the values of this Policy.

b.    Make themselves aware of the Policy and their responsibilities under the Policy.

c.    Participate in University training programs related to this Policy.

d.    Address Disrespectful Behaviours directly, if possible, and as outlined in the Procedures associated with this Policy.

e.    Raise concerns about Workplace Harassment that they have either experienced personally or witnessed.

f.    Act in good faith, communicate openly and listen to the perspectives and points of view of others and try to resolve issues informally, where appropriate.

2.    Leaders are expected to:

a.    Lead by example by creating a Respectful Workplace, and not engage in, tolerate or condone any behaviour which is contrary to this Policy.

b.    Maintain and promote a positive, productive work environment and act on and address Disrespectful Behaviours in a timely way.

c.    Take corrective action, based on the principles of progressive discipline if infractions under the Policy are found.

d.    Report incidents or threats of workplace violence as required by the University’s Workplace Violence Prevention And Response Program. 

e.    Participate in University-led investigations under this Policy if required.

f.    Maintain confidentiality at all times except as necessary as part of the investigation process or as required by law.

3.   Executive Leaders are expected to:

a.    Foster and model a Respectful Workplace climate.

b.    Ensure that programs in support of this Policy exist and are updated as required and followed.

c.    Demonstrate leadership and commitment to maintaining a safe, professional, and inclusive workplace.

4.   Chief Human Resources Officer (“CHRO”) or designate shall:

a.    Update, maintain, oversee, and provide interpretation of this Policy and its Procedures, and administer the Complaint Resolution Process, in conjunction with the appropriate University office where required.

b.    Ensure that training opportunities are made available for all faculty, staff and other employees and contractors related to Workplace Harassment, Workplace Violence and Disrespectful Behaviours and the processes for addressing incidents and complaints.

c.    Work in close partnership with the Vice-Provost, Faculty Affairs, the Vice-Provost, Students, the Director, Human Rights Services and the Director, Environmental Health and Safety in support of this Policy.

d.    Ensure that the appropriate and applicable supports are in place for employees of the University that are affected by complaints raised under this Policy through Workplace Wellbeing Services, human resources benefits, programs and employee and family assistance programs (EFAP).

e.    Work in close partnership with Workplace Wellbeing Services, the Vice-Provost, Faculty Affairs (where applicable), and Leaders to support workplace accommodations, if required.

5.    Workplace Wellbeing Services:  Provide care and trauma-informed support to individuals affected by complaints raised under this policy, including connections to resources and workplace accommodation(s) as appropriate

6.    Environmental Health and Safety:

a.    Ensure that the Workplace Violence Prevention and Response Program is maintained and updated as required.

b.    Work in close partnership with the CHRO or designate on the interpretation and application of this policy and in ensuring training opportunities are available. 

c.    Act as a liaison with the University’s Joint Health and Safety Committees as required

7.    Human Rights Services: Work in close partnership with the CHRO or designate in support of this Policy, including facilitating joint complaint resolution processes where matters may fall within the scope of this Policy and the Sexual Violence Policy and/or Discrimination and Harassment Prevention Policy.

8.    Community Safety and Security: Provide appropriate services and support through Community Safety and Security such as safety planning, assisting complainants who choose to report to police, referral to other appropriate supports and assisting Human Resources, or other appropriate offices with investigations and application of sanctions where appropriate.

VII.    Next Review Date 

This Policy is to be reviewed annually as required by the Occupational Health and Safety Act. (external link)