Return to top

WORKING DOCUMENT

Board Policy #240.0, Human Rights: Code-Related Harassment and Discrimination

1. Policy Statement

The York Region District School Board (YRDSB) believes that each person has the right to learn and/or work in an environment that is free from discrimination, harassment and a poisoned atmosphere. All Board community members are responsible for fostering an environment that promotes dignity, self-esteem, and fair treatment. This means refraining from allowing, condoning, or ignoring behaviour that is contrary to this Policy. These rights of dignity and equality of all people have been affirmed in the Universal Declaration of Human Rights, The Canadian Charter of Rights and Freedoms, and the Ontario Human Rights Code (the Code). YRDSB is committed to providing welcoming, safe, caring, and inclusive schools and workplaces. YRDSB is firmly committed to meeting its obligations under Ontario’s Human Rights Code in addressing human rights complaints in a fair, equitable, and timely manner.

2. Application

Policy #240.0 applies to all Board community members, including but not limited to, trustees[1], committee members, employees, students, parents/guardians, permit holders, vendors, service providers, contractors, volunteers and visitors and all other persons who are invited to or who work on Board property. Compliance with Policy #240.0 is expected in all internal and external relationships. 

Policy #240.0 outlines the process for addressing allegations of harassment and discrimination that violate the Code. Non-Code Workplace Harassment matters will be managed under Policy #250.0 Violence Prevention and Intervention and Non-Code Workplace Related Harassment – Employees.

Allegations of Code-based harassment and discrimination between student(s) (i.e., student(s) to student(s) concerns) will be addressed under Caring and Safe Schools Policy #668.0 and in most cases the student will be directed to the principal/vice-principal to manage their concerns. A student’s first point of contact should be their principal/vice-principal. A student may also choose to use the Report IT tool.

Any department or school managing a discrimination or Code-based harassment complaint may consult with the HRO.

Policy #240.0 is not intended to discourage or prevent persons from exercising any other legal rights they may have pursuant to any other law, including the right to file an application with the Human Rights Tribunal of Ontario (HRTO).

Policy #240.0 does not supersede any provisions on discrimination and harassment that already exist within YRDSB’s collective agreements.

Complaints of discrimination and/or harassment against a trustee will be investigated under the Trustee Code of Conduct. In accordance with section 14 of the Code, Policy #240.0 does not prohibit discrimination under special programs for advancing reasonable accommodation, equity programs, and/or pilot projects with the goal of achieving equity and inclusion for members of historically marginalized communities. YRDSB strives to be accessible and, is committed to providing reasonable accommodation for all Board community members whose circumstances are protected under Ontario’s Human Rights Code.

Complaints of harassment and/or discrimination will be treated confidentially. Information about the complaint is provided only to those who need to know to investigate, resolve the complaint, and/or where required by law. 

Persons who believe they have been subjected to harassment and/or discrimination are encouraged to express concerns and register complaints without fear of retaliation or reprisal. 

This policy prohibits retaliation or threat of retaliation against a complainant or other individual for: 

1. having participated or co-operated in an investigation; 
2. having pursued rights under this policy or the Code; and
3. having been associated with someone who has pursued rights under this policy or the Code. 

All complaints of retaliation must be immediately reported to the HRO and will be addressed promptly. The substantiated claims will be reported to the Director of Education. Appropriate disciplinary action, up to and including dismissal will be taken as necessary.

If it is found that a complaint is malicious or filed in bad faith, an investigation into the complaint may cease and/or disciplinary action may be taken.

[1] For trustees, Board Policy and Procedure #240.0 is considered in line with the Trustee Code of Conduct. The Integrity Commissioner has the jurisdiction to investigate matters with respect to trustees rather than the Human Rights Commissioner.

3. Responsibilities

3.1 The Board of Trustees is responsible for:

1. supporting the application of Policy #240.0 and a working and learning environment that is respectful of human rights;
2. engaging in respectful relationships;
3. reviewing Policy #240.0 in accordance with the priorities in the Director’s Action Plan and the Multi-Year Strategic Plan, relevant legislation, and the approved policy review cycle;
4. understanding and communicating with members of the community about Policy #240.0 and its accompanying procedures, where applicable;
5. understanding and adhering to Policy #240.0, and directing any human rights issues and complaints to the HRO when appropriate; and
6. creating and maintaining an inclusive learning and working environment that respects human rights. 

3.2 The Director of Education is responsible for:

1. implementing and operationalizing Policy #240.0;
2. allocating resources to support Policy #240.0; and
3. ensuring YRDSB’s leadership is creating and maintaining a discrimination and harassment-free learning and working environment.

4. Definitions

Terms within the definitions section are accorded legal meaning. Terms described herein do not replace or supersede existing definitions contained in YRDSB’s collective agreements or laws. 

4.1 Prohibited/Protected grounds under Ontario’s Human Rights Code include[1]:

1. age;
2. ancestry;
3. colour;
4. race;
5. citizenship;
6. ethnic origin;
7. place of origin;
8. creed;
9. disability;
10. family status;
11. marital status (including single status);
12. gender identity;
13. gender expression;
14. receipt of public assistance (housing only);
15. record of offenses (employment only);
16. sex (including pregnancy and breastfeeding); and
17. sexual orientation.

4.2 Harassment[2]

Based on any prohibited ground(s) identified in Ontario’s Human Rights Code, harassment is engaging in a course of vexatious (annoying or unwanted) comment or conduct that is known or ought reasonably to be known to be unwelcome, unwanted, offensive, intimidating, hostile or inappropriate and includes sexual harassment.

Harassing conduct includes, but is not limited to:

1. epithets, remarks or innuendos; 
2. showing or circulating offensive pictures, graffiti or materials, whether in print form or using e-mail or other electronic means; singling out an individual for humiliating or demeaning “teasing”; 
3. comments ridiculing an individual because of characteristics, dress, etc; and/or 
4. microaggressions.

4.3 Discrimination[3]

While often a pattern of comments or conduct, in limited circumstances, a singular incident may be recognized as harassment, depending on the nature of the comment or conduct. 

Personal conflict and reasonable action taken by the employer or supervisor relating to the management and direction of staff or the workplace is not harassment. 

Unequal/unfair treatment of a person or group of persons based on a prohibited ground of discrimination as set out in Ontario’s Human Rights Code. Discrimination may be a result of policies, practices, and/or behaviours. Forms of discrimination include, but are not limited to:

1. direct, indirect, intentional or unintentional;
2. harassment;
3. sexual harassment;
4. poisoned environment;
5. systemic discrimination;
6. association or relationship with a person identified by one of the prohibited grounds; and/or
7. the perception that one of the prohibited grounds applies.

4.4 Special Programs[4]

Board Procedure #240.0 also includes any new prohibited grounds that may be included in Ontario’s Human Rights Code at a future date and before a cyclical review.

Section 14 of the Code allows for organizations and employers to create special programs, that meet certain requirements, to help create opportunities for people who experience discrimination, economic hardship, and disadvantage. 

4.5 Microaggressions

Microaggressions are the everyday, subtle, intentional, or unintentional interactions or behaviours that communicate some sort of bias toward historically marginalized groups.

4.6 Malicious or bad faith complaint

A claim that is deliberately filed to damage the reputation of a person or group, motivated by ill will, or which is known or ought to have reasonably been known by the complainant to have no reasonable basis and may be considered harassment.

4.7 Poisoned Atmosphere or Environment[5]

A poisoned environment is a form of discrimination that creates a negative psychological and emotional environment for work or study. Normally created from a series of events, a poisoned environment can also arise from a single incident. It may be created by the comments or the actions of any person, regardless of their status. The comments or conduct do not have to be directed at a particular person. A poisoned atmosphere often results from ongoing, persistent conduct such as:

1. racial slurs or derogatory comments;
2. sexual innuendo or harassment;
3. discriminatory jokes, graffiti, or symbols; and
4. exclusionary practices or behaviours. 

4.8 Reprisal[6]

Reprisal is the negative treatment or threat of negative treatment of a person because of their involvement in a human rights complaint, investigation, or resolution process.

4.9 Sexual Harassment[7]

A form of harassment that consists of:

1. sexual solicitation or unwanted sexual attention from a person who knows or ought reasonably to know that such attention is unwanted;
2. implied or expressed promise of reward for complying with a sexually oriented request;
3. implied or expressed threat of reprisal or actual reprisal for refusing to comply with a sexually oriented request;
4. a sexual relationship that constitutes an abuse of power in a relationship of authority; or
5. sexually oriented comment or behaviour that may reasonably be perceived to create a poisoned environment.

4.10 Systemic Discrimination[8]

Entrenched and institutional practices, systems, and structures that operate to limit an individual’s or group’s rights to opportunities or exclude an individual or group from participation based on a prohibited ground. It is a pattern of discrimination that arises out of apparently neutral institutional policies or practices, that is reinforced by institutional structures and power dynamics, and that results in the differential and unequal treatment of members of certain groups. Systemic discrimination does not occur when the requirement, qualification, or factor is in good faith and legitimate in the circumstances or is permitted by law.

4.11 Workplace Harassment[9]

A form of personal harassment that involves engaging in a course of vexatious (annoying or unwanted) comment or conduct against a worker in a workplace, where such conduct is known or ought reasonably to be known to be unwelcome. Workplace harassment does not include legitimate performance management of an employee.

5. Contact

Director’s Office
Human Rights Office

Human Resource Services

6. History

Formerly Policy #240.0, Respectful Workplace and Learning Environment
Working Document: May 2017, December 2024
Approved: March 2018 
Revised: November 2019, October 2024

[1] Ontario Human Rights Commission. (n.d.). The Ontario Human Rights Code. Retrieved January 10, 2018, from http://www.ohrc.on.ca/en/ontario-human-rights-code

[2] Ontario Human rights Code. (n.d.). Harassment. Retrieved January 26, 2018, from http://www.ohrc.on.ca/en/tag/discrimination-type/harassment

[3] Ontario Human Rights Commission. (n.d.). Forms of discrimination. Retrieved January 10, 2018, from http://www.ohrc.on.ca/en/policy-ableism-and-discrimination-based-disability/6-forms-discrimination

[4] Ontario Human Rights Commission. (n.d.). Special Programs. Retrieved January 26, 2018, from http://www.ohrc.on.ca/en/policy-preventing-discrimination-based-creed/8-defences-and-exceptions

[5] Ontario Human Rights Commission. (n.d.). Forms of discrimination. Retrieved January 10, 2018, from http://www.ohrc.on.ca/en/policy-ableism-and-discrimination-based-disability/6-forms-discrimination

[6] Ontario Human Rights Commission. (n.d.). Reprisal. Retrieved January 31, 2018, from http://www.ohrc.on.ca/en/search/site/reprisal#_edn114

[7] Ontario Human Rights Commission. (n.d.). Defining sexual harassment. Retrieved January 26, 2018, from http://www.ohrc.on.ca/en/policy-preventing-sexual-and-gender-based-harassment/2-identifying-sexual-harassment

[8] Ontario Human Rights Commission. (n.d.). Forms of discrimination. Retrieved January 10, 2018, from http://www.ohrc.on.ca/en/policy-ableism-and-discrimination-based-disability/6-forms-discrimination

[9] Ministry of Labour. (2016). Health and Safety Guidelines. Workplace Violence and Harassment: Understanding the Law. Retrieved January 31, 2018, from https://files.ontario.ca/wpvh_guide_ english.pdf 

Return to top

Board Procedure #240.1, Human Rights: Complaint Resolution Processes

1. Procedure Statement

This procedure outlines the complaints processes for Board community members related to allegations of harassment and discrimination that violate Ontario’s Human Rights Code.

2. Application

This procedure applies to incidents and complaints of discrimination and harassment under the Code. Incidents and complaints that may violate other policies will be referred to the appropriate department. Complaints against the Director of Education should be directed to the Trustee Chair. Complaints against a trustee will be addressed under the Trustee Code of Conduct. 

While complainants are encouraged to resolve their concerns through dialogue, this procedure does not prevent complainants from engaging the Human Rights Office (HRO) at a later time, subject to time limitation periods.

This procedure does not prevent or discourage a person from filing a grievance, an application with the Human Rights Tribunal of Ontario, or any other legal options that may be available within the prescribed deadlines.

3. Responsibilities

3.1 The Director of Education, Associate Directors, Coordinating Superintendents, Superintendents, Principals, Managers and Supervisors shall:

1. support the implementation of Policy #240.0;
2. communicate and review annually Board #240.0 with the staff members;
3. proactively respond to alleged or suspected situations and concerns of Code-related discrimination and harassment; 
4. immediately respond to, investigate, and/or refer to the HRO incidents that allegedly violate the Ontario Human Rights Code; and
5. support and participate in human rights training to create and maintain a discrimination and harassment-free learning and working environment.

3.2 Human Rights Office shall:

1. maintain an independent office;
2. report directly to the Director of Education or its designate;
3. ensure Board compliance with the Ontario Human Rights Code and relevant case law;
4. support a working and learning environment that is respectful of human rights;
5. support and provide system direction in the application of Policy #240.0;
6. oversee complaints management for early resolution, investigations, and restorative justice processes;
7. provide timely advice, guidance, and consultative services on human rights matters to the Director of Education, superintendents, principals, managers, and supervisors in responding to and supporting early resolution/investigation processes;
8. manage human rights complaints by providing early resolution/investigation services;
9. consider whether complaints reveal any broader systemic issues that the Board should address; and
10. implement education programs to assist in furthering a working and learning environment free of discrimination and harassment. 

3.3 Human Resources Services (HRS) shall:

1. work with, consult, and it may refer Code-related complaints to the HRO.

3.4 All staff, students and community members of York Region District School Board shall:

1. understand and adhere to Policy #240.0 and direct complaints to the HRO when appropriate;
2. support the application of Policy #240.0 in all sectors of the Board;
3. create and maintain an inclusive learning and working environment that respects human rights; and
4. be aware of human rights issues and bring any concerns about discrimination and harassment to the HRO when applicable.

4. Complaints

Subject to any collective agreement, complaints will be handled according to Policy #240.0. Board community members who believe they have been discriminated against or subjected to harassment may:

1. resolve the concern with the person;
2. report the incident to the principal, superintendent, or manager; 
3. request a referral to the HRO by a principal, superintendent, or manager;
4. consult with the HRO regarding possible actions; and/or 
5. report the incident by submitting a Reporting Form.

5. Complaint Resolution Process

5.1 Self-resolution Before Filing a Complaint

Board community members are expected to attempt to resolve concerns respectfully, restoratively, and expeditiously.  Where practicable, the person should raise the issue with the alleged offender(s), make it known that the conduct or comment is unwelcome, and stop the conduct. If a policy or practice causes Code-based inequity or disadvantage, raise the concern with a principal, superintendent, or manager.

5.2 Filing a Complaint

Human rights incidents/complaints can be addressed and resolved by all levels of the Board, including school administration, managers, and HRS. It can also be initiated through the grievance procedure. Wherever possible and appropriate, complaints are handled by the immediate supervisor of the alleged offender with the assistance of the HRO to ensure timely and fair resolution. To initiate a complaint with the HRO, the person initiating the complaint (the Complainant) must complete a Reporting Form. 

Complaints may also be filed by persons who witnessed discriminatory and/or harassing conduct. This process applies to individual and/or group complainants.

When reporting an alleged incident of discrimination and/or harassment, the information provided must include the complainant's name, the offender's name (the respondent), and details about the incident (date, time, location, witnesses, what happened, and the impact). 

5.3 Group Complaints

Complaints made by Board community members regarding the same subject matter (“group complaints”) should be made individually to ensure confidentiality and preserve the integrity of a process. If appropriate, a member of the HRO or investigator will contact each complainant separately. 

The HRO may combine the same or substantially similar complaints into one process to ensure an efficient allocation of resources, timeliness, and to avoid the risk of different findings. Each complainant will be notified individually in writing regarding the process, any attempts at early resolution, and/or the investigation results.

5.4 Duplicate Complaints or Parallel Processes

Nothing in this procedure limits a complainant’s ability to access other avenues of redress available through other dispute resolution processes, legal proceedings including those available through collective agreements, the Code, or by reporting criminal activity to the police.

The HRO will not participate in a duplicative or parallel complaints process.  This may occur when another process or legal proceeding has been initiated or has already taken place about the same or similar matter. The complainant may have to choose which avenue they wish to proceed with. The HRO also reserves the right to proceed with the complaint, hold it in abeyance, or close the file. One process may be deferred or closed until the alternative process is complete if continuing would duplicate or interfere with another process. In all cases, the complainant will be advised of the actions being taken.

Same or similar complaints resolved or investigated by another area of YRDSB will not be investigated by the HRO. The complainant will be notified in writing of the closure of the complaint. Exceptions include, where there are allegations of discrimination and/or harassment during the investigation process or results. This may include allegations or reprisal or retaliation.

The HRO may communicate with relevant departments to confirm the existence or status of a complaint on the same or similar subject matter that has been made under a YRDSB complaint mechanism, legal proceeding, or other dispute resolution process.

If allegations of Code-based violations arise during an ongoing or alternate process, the HRO may be invited by the investigating manager and/or HRS to partake in a joint-resolution process at any point of the process to ensure human rights are being respected.  

5.5 Withdrawing a Complaint

A complainant may withdraw their complaint at any time. Depending on the nature and severity of the allegations, the HRO may elect to continue to pursue the allegations.

5.6 Intake Process and Initial Consultation

Once a Reporting Form is received, it will be reviewed by the HRO. If necessary, an initial consultation may occur to ask questions and/or request documentation about the complaint.  This may occur by email, phone, videoconference, or in person. The complainant may be asked what remedy they prefer to resolve the complaint.

5.7 Preliminary Assessment

Following the review of the Reporting Form or consultation, the Human Rights Office will determine if the complaint falls under Policy #240.0, if it does not, and with the complainant’s consent, the HRO will refer the matter to the most appropriate department.

Once referred, the role of the HRO will end and the complainant will be advised in writing.

5.8 Resolution Process

If it is determined that the complaint may proceed within Policy #240.0 processes, there are several options for resolution.

5.9 Early Resolution Process

Early resolution allows the parties to resolve a dispute collaboratively and respectfully, prior to a potential investigation. Depending on the circumstances, the HRO may invite the parties to explore early resolution options. Early resolution options may include:

1. Informal Conversations: Casual, direct discussions between individuals involved in a conflict, aiming to resolve the issue quickly and amicably without formal intervention; 
2. Facilitated Discussions: Using a facilitator to guide conversations and help find common ground between parties;
3. Mediation: A third party facilitates a discussion between the parties involved in a conflict to help them reach a mutually agreeable resolution;
4. Structured Feedback Sessions: Planned meetings where the individual provides feedback to management in a systematic way to address specific issues and improve understanding; 
5. Mentoring or Coaching Opportunities: A colleague or supervisor for employees, a teacher or VP/principal for students, provides guidance in the form of support, insight, and practical advice to empower the individual to enhance skills for their learning and working environments;
6. One-on-one coaching education sessions: Personalized sessions where an individual receives guidance and education on improving their behavior, communication, or approach to a specific situation; 
7. Workshops and Trainings: The HRO has developed several workshops and training sessions to equip participants with the knowledge, skills, and strategies needed to:
   • effectively manage and resolve conflicts in the workplace;
   • create a more harmonious and productive work environment;
   • to understand basic human rights and accessibility legislation; and
   • prevent unconscious bias in our working and learning environment.
8. Site-Based or Workplace Assessment: A site-based or workplace assessment allows the HRO to address systemic issues.  It may involve interviews, surveys, and observations to gather insights and develop tailored strategies to improve the work environment, relationships, and organizational dynamics. This assessment aims to identify underlying issues, such as conflicts, communication breakdowns, or systemic challenges, and provide recommendations for improvement.

5.10 Support Person

Complainants, respondents, and witnesses have the right to a support person during the complaint resolution process.  The support person may not be a party or witness to the complaint or have a real or perceived conflict of interest. A support person may include a parent/guardian, colleague, friend, family, friend, school staff, another student, teacher, community member, or union/federation/association representative. If the complainants, respondents, and witnesses are a part of a union/federation/association, they may have a support person in addition to their representative.

All persons acting as a support person must keep any information regarding the complaint, process, or investigation confidential. A support person may be required to sign a confidentiality agreement. 

Subject to accommodation needs, the support person must not answer questions on behalf of the interviewee or obstruct the investigation process in any way.

5.11 Investigations

If an early resolution is unsuccessful or deemed inappropriate considering the allegations, the complaint may proceed to an investigation. The HRO may initiate an investigation where it is in the interests of all parties, YRDSB, and/or required by law. If measures are already in place or underway to remedy the complaint as if the claims were substantiated, the HRO may choose not to initiate an investigation.

The HRO will determine who will investigate the complaint. When making this decision, it will ensure the investigator:

1. is independent, unbiased, and objective;
2. is knowledgeable about human rights issues; and
3. understands methods for conducting investigations.

Before the formal investigation begins, the investigator will decide whether to initiate an initial review to determine if the allegations have merit (meets a prima facie case). If it is determined that the allegations do not have merit, the investigator may cease the investigation. If it is determined that the allegations have merit, the investigator will proceed with a formal investigation.

5.12 Respondent’s Right to Know

Respondents have a right to know the allegations before addressing them during the investigation process.

5.13 Interim Measures

There may be situations where it is appropriate to separate the complainant and respondent or cease communications between them to stabilize the situation. These arrangements may be made for an interim period pending the outcome of the investigation.

6. Formal Complaint Resolution 

During the investigation process, the HRO and/or investigator will:

1. where appropriate, consult with HRS and supervisory staff, to determine if the complainant(s) and respondent(s) should be separated in their current learning or working environment;
2. consult with HRS if an investigation would duplicate or interfere with another proceeding and consider whether an investigation will proceed. A rationale for this decision will be provided in writing to the complainant;
3. notify the respondent(s) of the complaint within five business days once the decision to proceed with an investigation is made;
4. provide the respondent with a copy of Policy #240.0; notify the complainant and the respondent(s) of their right to be accompanied by a support person during the meeting; 
5. notify all participants of confidentiality requirements;
6. determine who is to be interviewed; 
7. collect and review any relevant documents related to the complaint;
8. make all reasonable efforts to complete the investigation within 90 days;
9. prepare a report explaining the findings of the investigation, whether the allegations were substantiated, if any legislation or YRDSB policies were violated, and any recommendations to remedy the violation(s); 
10. communicate the outcome and potential actions of the investigation to the complainant(s) and respondent(s) in writing; assess and/or determine whether recommendations for corrective actions are required;
11. share information required to implement disciplinary consequences or corrective actions with the respondent(s) supervisor and/or HRS. If it is found that all or some of the allegations were substantiated, the HRO will disclose the investigation findings to the respondent(s)’s supervisor and HRS. It will be the responsibility of the supervisor and/or HRS to determine whether disciplinary consequences or corrective actions are required;
12. the final investigation report will be maintained by the HRO; and
13. HRS will retain appropriate documentation to support any disciplinary measures for staff members, if required.

6.1 Standard of Proof

The standard of proof applied in a human rights investigation is on the balance of probabilities. This means that based on the evidence and information provided, the occurrence of the event was more likely than not to have happened.

6.2 Investigation – Potential Outcomes

The following actions may be taken subsequent to an investigation and findings:

1. counseling for one or both parties;
2. strategies to restore a positive working and learning environment, including, but not limited to, a joint meeting of complainant(s) and respondent(s) to determine future operating norms;
3. training for one or both parties;
4. workshops;
5. restorative approaches;
6. disciplinary action in accordance with applicable Board policies and procedures; and/or 
7. any other appropriate action.

6.3 Appeal Process

Upon receiving the results of the investigation, the complainant(s) or respondent(s) may appeal the decision to the HRO. The HRO appeal process functions as a request for reconsideration.

An appeal must be submitted in writing within ten business days from the date the HRO sends the outcome letter. An appeal is not meant to duplicate the investigation process that was undertaken. A complainant or respondent may appeal the investigation outcome on the following grounds only:

1. that the investigation was conducted in an unfair or biased manner contrary to the rules of natural justice or procedural fairness; 
2. that the investigation made an error of law or fact such that it would have likely reached a different result had the error not been made; or
3. new information became available that was not readily available at the time of the investigation that would ultimately change the results.

In an appeal process, the opposing party shall be entitled to provide submissions.

The Human Rights Office will review the original decision and within fifteen business days will:

1. affirm the original decision;
2. vary slightly but affirm the decision overall; or
3. amend the decision.

The appeal decision is final.

6.4 Protection from Reprisal

Reprisal or threats of reprisal against a person participating in a human rights complaint process creates hostile and negative working or learning environments. YRDSB has an obligation to address them. Reprisal will not be tolerated. The HRO may initiate an investigation if allegations of reprisal are made. Examples of reprisal may include:

6.4.1 For students:

1. unfairness in grading and evaluation;
2. bullying;
3. shunning;
4. denial of learning opportunities;
5. disproportionate disciplinary responses; and
6. formation of prejudices against the student’s parents/guardians.

6.4.2 For Employees:

1. exclusion or isolation; 
2. action or inaction impacting job duties, and responsibilities;
3. denial or decrease of privileges, advancement; and
4. gossiping or rumor-mongering.

6.5 Timeline

Complaints must be reported within one year after the last alleged contravention. In the event a complaint is reported after one year, the complainant must identify in writing the reasons for the delay in filing the complaint.

It is within the discretion of the Human Rights Office to determine whether a complaint can be filed beyond one year of the last alleged contravention. The timelines outlined in this procedure are meant to ensure that a complaint is dealt with in a timely fashion. Parties will be notified, if an extension is needed. There may be, in exceptional and compelling circumstances, reasons to extend a timeline. In this case, the Human Rights Office may authorize an extension where the delay is incurred in good faith and the extension does not prejudice or harm those involved in the complaint.

It may not always be possible to determine appropriate timelines for the resolution, investigation, or final decision for a particular complaint. Therefore, where no timelines are mentioned, the intention is to use a reasonable time period, and to act as expeditiously as possible in light of the nature and complexity of the circumstances of the complaint and of other circumstances that may arise during the complaint process that are beyond a party’s reasonable control.

7. Complainants

7.1 Students

Students, with their parent(s)/guardian(s) where applicable, who believe they have been discriminated against or harassed should contact their principal or vice-principal. Students may use the assistance of their parents/guardians or an adult third party to support their complaint.

The principal or other appropriate staff member will appropriately inform the parent(s)/guardian(s) of the student(s) if a complaint is made by or against a student, unless the student is over 18, or 16 or over and withdrawn from parent consent.

If the administration is the party alleged to be responsible for the discrimination and/or harassment or alleged to condone the behavior, the incident/complaint should be reported to the appropriate Superintendent of Education or the HRO.

7.2 Staff Members

Staff members who believe they have been discriminated against or harassed should contact their immediate supervisor.

If the immediate supervisor is the party alleged to be responsible for the discrimination and/or harassment or alleged to condone the behavior, the incident/complaint should be reported to the appropriate Superintendent of Education, Associate Director, Director of Education, or the HRO.

7.3 Members of the Community

Members of the community who believe they have been discriminated against or harassed should contact the appropriate school, department, or Board level supervisor where the harassment and/or discrimination took place. 

If this person is the party alleged to be responsible for the harassment and/or discrimination or alleged to condone the behavior, the incident/complaint should be reported to the appropriate Superintendent of Education or the HRO.

7.4 Trustees

Trustees who believe they have been discriminated against or harassed by a staff member, student or community member shall report the incident/complaint to the Director of Education (or designate).

7.5 Special Situations

If the Director of Education is the respondent or is alleged to condone the behaviour, the complainant should direct their incident/complaint to the Chair of the Board (or designate).

If the HRO (or one of its staff) is the respondent or is alleged to condone the behaviour, the complainant should direct their incident/complaint to the Director of Education.

If a trustee is the party alleged to be responsible for the discrimination and/or harassment or alleged to condone the behavior, the complainant should direct their complaint the Integrity Commissioner for investigation under the Trustee Code of Conduct.

Where a person feels that the operation of a Board policy, procedure, process, or practice is discriminatory under Ontario’s Human Rights Code, the incident/complaint should be submitted to the HRO.

8. Collective Agreement

This procedure is not meant to replace or supersede complaint or investigation processes within the relevant collective agreement provisions.

If there is a relevant collective agreement, the complaint will be dealt with under the relevant provisions of that collective agreement; and where there is no applicable collective agreement or no relevant provisions within a collective agreement, the complaint will be handled according to this procedure.

9. Confidentiality

In accordance with the Municipal Freedom of Information and Protection of Privacy Act or other applicable legislation, every attempt will be made throughout the complaint resolution process to respect the confidentiality and personal rights of all parties to the complaint.

Information about the complaint is provided only to those who need to know in order to investigate and/or resolve the complaint. Where appropriate, the person will be consulted before disclosure of information is made.

Parties involved in a complaint must and are expected to maintain confidentiality, as breaches may jeopardize the proper functioning of the processes outlined in this procedure. If breaches of confidentiality should occur, this would be reviewed and depending on the circumstances, could lead to consequences for the person(s) responsible for the breach.

Any person conducting a mediation of a complaint may not be called to testify in a subsequent proceeding in relation to information disclosed during mediation, unless ordered or compelled by a court, tribunal, or arbitrator.

Details of any investigation will only be disclosed to those who require the information to execute their duties. Where applicable or as required by law, investigators may be required to disclose information about the investigation.

9.1 Confidentiality Exceptions

The HRO is committed to protecting the confidentiality of its consultations, investigations and related records. Where an individual/group who has consulted or filed a complaint with the HRO, engages in another legal proceeding related to the issue brought to the HRO, upon receipt of a request to disclose, the HRO will determine whether it is appropriate to:

1. confirm or deny whether it was consulted;
2. respond to specific questions regarding the consultation/complaint to respond to the legal proceeding;
3. provide a summary of the nature of the consultation;
4. provide originating and/or concluding complaint documentation (e.g. the initial complaint or results letters); and/or
5. provide a copy of its file.

Where the entire contents of a HRO file is requested by an alternate legal proceeding, the HRO may determine whether consent of the complainant and/or respondent involved, or an order of the court/tribunal/arbitrator is required, before disclosing its file or providing any information.

10. Reasonable Accommodation

YRDSB strives to be accessible and accommodating to Board community members and is committed to providing reasonable accommodation whose attributes and characteristics are protected grounds under Ontario’s Human Rights Code.

11. Definitions

11.1 Adverse Effect Discrimination[1]

A situation that unintentionally singles out particular people and results in unequal treatment. It exists in a situation where a requirement, qualification or factor exists that is not overt discrimination but results in the exclusion of, restriction of or preference for a group of persons who are identified by one of the prohibited grounds.
 

11.2 Complainant

A person who is a Board community member who brings forward a concern and/or submits a complaint (an allegation, whether oral or written, of harassment or discrimination) under the policy.

11.3 Restorative Practice[2]

Responding to a person’s behaviour by focusing on repairing harm caused, and with the intention of rebuilding relationships. This practice is used as part of progressive discipline to build, strengthen and help restore healthy relationships.

11.4 Respondent

A person against whom a complaint has been made.

11.5 Senior Administrator

Anyone at YRDSB having sufficient authority to assume or ensure the taking of remedial action (e.g., Director of Education, Superintendent, Associate Director).

11.6 Support Person

A person chosen by a complainant or respondent to accompany them to a meeting within Policy #240.0. A support person acts solely as a support and does not act as an advocate, representative or agent with an interest in the matter. A support person must and is expected to maintain confidentiality.

11.7 Witness

A person who may have information about a matter into which the Board is investigating under Policy #240.0.

11.8 Records of Complaint

Records will be maintained in accordance with Policy and Procedure #160, Records and Information Management.

12. History

Formerly Policy #240.0, Respectful Workplace and Learning Environment

Working Document: May 2017, December 2024

Approved: March 2018

Revised: November 2019, October 2024

[1] Workplace Restoration What is it and should we use it? https://www.oba.org/Sections/Labour-Employment-Law/Articles/Articles-2021/April-2021/Workplace-Restoration-What-Is-It-and-Should-We-Us 

[1] Ontario Human Rights Commission. (n.d.). Forms of discrimination. Retrieved January 10, 2018, from http://www.ohrc.on.ca/en/policy-ableism-and-discrimination-based-disability/6-forms-discrimination

The HRO is committed to protecting the confidentiality of its consultations, investigations and related records. Where an individual/group who has consulted or filed a complaint with the HRO, engages in another legal proceeding related to the issue brought to the HRO, upon receipt of a request to disclose, the HRO will determine whether it is appropriate to: