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Board Policy #250.0

Violence Prevention and Intervention and Non-Code Workplace Related Harassment – Employees (Workers)

1. Policy Statement

This policy outlines the York Region District School Board’s (YRDSB) commitment to the prevention of workplace harassment and violence and providing a work environment in which all workers are treated with dignity, respect, and equitable treatment in alignment with the Board’s Mission, Vision, and Values.

The Board promotes a harassment and violence-free workplace and does not tolerate incidents of workplace harassment or violence from any person in the workplace.

The Board is committed to encouraging workers to report workplace harassment and violence including domestic violence.

The Board prohibits reprisals against those who have raised good-faith concerns or provided information regarding a concern or incident of workplace harassment or violence.

The Board is committed to addressing incidents of workplace harassment and violence in a fair and timely manner. Information about a complaint or incident will not be disclosed except to the extent necessary to protect workers, to investigate the complaint or incident, to take corrective action or as otherwise required by law.

Support for workers is available through the Board’s Employee and Family Assistance Program. Workers are also encouraged to contact their federation or union.

2. Application

This policy applies to all Board workers when the non-code harassment or workplace violence is directed at a worker in the workplace.

The Human Rights: Code Related Harassment and Discrimination policy and procedure apply whenever there are concerns about code-based discrimination, harassment, or sexual harassment in the workplace.

Complaints against a trustee will be considered under the Trustee Code of Conduct.

Incidents of non-code harassment or violence by students against any person will be considered under the Caring and Safe Schools policy and procedures.

Incidents of non-code harassment or violence by a worker against a student or member of the community will be considered under the Standards of Conduct policy and procedure. 

3. Responsibilities

3.1 The Board of Trustees is responsible for:

1. supporting a working environment that prevents workplace violence and is respectful and free from harassment;
2. reviewing the Violence Prevention and Intervention and Non-Code Workplace Related Harassment – Employees (Workers) policy at least annually, as required by the Occupational Health and Safety Act and in accordance with the priorities in the Multi-Year Strategic Plan; and
3. understanding and communicating with members of the community about the Violence Prevention and Intervention and Non-Code Workplace Related Harassment – Employees (Workers) policy.

3.2 The Director of Education is responsible for:

1. implementing and operationalizing the Violence Prevention and Intervention and Non-Code Workplace Related Harassment – Employees (Workers) policy and procedure.

3.3 The Director of Education, Associate Director(s) and Coordinating Superintendent(s) of Education are responsible for:

1. ensuring reasonable preventative measures are implemented to protect workers and others from workplace violence and to provide a work environment that is free from harassment;
2. ensuring that all workers receive information and instruction about the Violence Prevention and Intervention and Non-Code Workplace Related Harassment – Employees (Workers) policy and procedure; and
3. creating and maintaining safe workplaces, including ensuring risk assessments and reassessments (if necessary) are conducted as required by the Occupational Health and Safety Act.

3.4 Superintendents, Principals, Vice-Principals, Managers and Supervisors are responsible for:

1. creating and maintaining safe workplaces;
2. addressing issues of workplace violence and harassment of which they are aware;
3. adhering to the reporting, investigation and information sharing requirements in the Violence Prevention and Intervention and Non-Code Workplace Related Harassment – Employees (Workers) policy and procedure;
4. ensuring that all the workers they supervise or manage are aware of and follow the Violence Prevention and Intervention and Non-Code Workplace Related Harassment – Employees (Workers) policy and procedure;
5. informing workers about all procedures and supporting documentation that address workplace violence risk(s) applicable to their job responsibilities; and
6. supporting the reporting of incidents of workplace violence and non-code workplace harassment.

3.5 All staff members are responsible for:

1. complying with training, reporting and investigative requirements in accordance with the Violence Prevention and Intervention and Non-Code Workplace Related Harassment – Employees (Workers) policy and procedure.

3.6 All All members of the community are responsible for:

1. conducting themselves in a professional and civil manner that is in compliance with the Violence Prevention and Intervention and Non-Code Workplace Related Harassment – Employees (Workers) policy, where applicable, and all other Board policies, procedures, by-laws and guidelines.

4. Definitions

4.1 Worker

A worker under the Occupational Health and Safety Act means any of the following;;

1. person who performs work or supplies services for monetary compensation;
2. a secondary school student who performs work or supplies services for no monetary compensation under a work experience program authorized by the school board that operates in the school in which the student is enrolled;
3. a person who performs work or supplies services for no monetary compensation under a program approved by a college of applied arts and technology, university or other post-secondary institution; or
4. such other persons as may be prescribed who perform work or supply services to an employer for no monetary compensation.

4.2 Workplace

Workplace means any land, premises, location or thing at, upon, in or near which a worker works. 

The workplace includes, but is not limited to:

1. schools, Board offices, and facilities as well as vehicles used while completing work and traveling to and from work sites;
2. any environment where workers perform work or work-related duties or functions; and
3. schools and school-related activities such as extracurricular activities, co-instructional activities and excursions.

4.3 Workplace Harassment (Non-Code Workplace Harassment)

Non-Code Workplace Related Harassment is Workplace Harassment as defined in OHSA as engaging in a course of vexatious comment or conduct against a worker in a workplace, including virtually through the use of information and communications technology, that is known or ought reasonably to be known to be unwelcome or workplace sexual harassment.

Harassing conduct against a worker includes, but is not limited to:

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

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

4.4 ​​​​Code-Related Harassment

1. based on any prohibited ground(s) identified in the Ontario Human Rights Code, including but not limited to, age, ethnic origin, disability, family status, marital status, gender identity, gender expression and sexual orientation, race, ancestry, citizenship, colour, creed, place of origin, sex, and record of offences; and
2. 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.

4.5 Workplace Violence (also defined in the Equity and Inclusive Education policy)

1. the exercise of physical force by a person against a worker, in a workplace, that causes or could cause physical injury;
2. an attempt to exercise physical force against a worker, in a workplace, that could cause physical injury to the worker; or
3. a statement or behavior that is reasonable for a worker to interpret as a threat to exercise physical force against a worker, in a workplace, that could cause physical injury to the worker.

4.6 Workplace sexual harassment means:

1. engaging in a course of vexatious comment or conduct against a worker in a workplace, including virtually through the use of information and communications technology, 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
2. making a sexual solicitation or advance where the person making the solicitation or advance 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.

Workplace sexual harassment may be verbal, physical or emotional and includes, but is not limited to:

1. asking questions, talking, or writing about sexual activities;
2. rough or vulgar humour or language related to sexuality, sexual orientation or gender;
3. displaying or circulating pornography, sexual images, or offensive sexual jokes in print or electronic form;
4. leering or inappropriate staring;
5. invading personal space;
6. unnecessary physical contact, including inappropriate/unwanted touching;
7. demanding hugs, dates, or sexual favours;
8. making gender-related comments about someone’s physical characteristics, mannerisms, or conformity to sex-role stereotypes;
9. verbally abusing, threatening or taunting someone based on gender or sexual orientation; or
10. threatening to penalize or otherwise punish a worker if they refuse a sexual advance.

Where the conduct or behaviour includes inappropriate sexual touching, this may also constitute a criminal offence such as sexual assault. In such cases, the police should be notified.

4.7 Domestic Violence:

Is considered workplace violence when a person in a personal relationship with a staff member, such as, but not limited to, a spouse or former spouse, current or former intimate partner or a family member that is likely to expose a worker to physical injury in the workplace.

4.8 Members of the Community

Include, but are not limited to, committee members, contractors, parents/guardians, permit holders, vendors, volunteers, visitors, service providers, community partners and all other persons who are invited to or who work on Board property unless defined as workers of YRDSB.

4.9 Supervisor

Defined under the Occupational Health and Safety Act as a person who has charge of a workplace or authority over a worker. Examples of supervisors in the YRDSB include superintendents, principals, vice-principals, managers, as well as those with the specific title of supervisor.

4.10 Reprisal

No employer or person acting on behalf of an employer shall:

1. dismiss or threaten to dismiss a worker;
2. discipline or suspend or threaten to discipline or suspend a worker;
3. impose any penalty upon a worker; or
4. intimidate or coerce a worker,

because the worker has acted in compliance with this Act or the regulations or an order made thereunder, has sought the enforcement of this Act or the regulations or has given evidence in a proceeding in respect of the enforcement of this Act or the regulations or in an inquest under the Coroners Act.

5. Contact

Human Resource Services

6. History

Approved: 2010

Working Document: December 2012, December 2014, October 2017, April 2019

Reviewed: December 2016, April 2022, February 2023

Revised: 2011, October 2013, December 2015, June 2018, January 2020, April 2021, January 2024, February 2025, February 2026

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Board Procedure #250.1 Violence Prevention and Intervention – Employees (Workers)

1. Procedure Statement

The purpose of this procedure is to provide information regarding the reporting and investigation of incidents of workplace violence.

2. Application

This policy applies to all Board workers when the violence is directed at a worker in the workplace.

2.1 Emergency Response Measures

If you witness or are involved in an incident of workplace violence:

1. summon immediate assistance, if available and in the case of an extreme or imminent threat of physical harm to yourself or any person from workplace violence, or when immediate assistance is unavailable, call 9-1-1 to receive police support; and
2. refer to the Emergency Preparedness Guide if necessary.

2.2 Reporting and Investigating Incidents of Workplace Violence

2.2.1 By a worker against another worker

1. all incidents of workplace violence by a worker against another worker must be immediately reported to the supervisor unless the incident relates to that person (supervisor), in which case the person to whom the supervisor reports must be notified;
2. the supervisor must investigate the incident and, where appropriate, consult with law enforcement authorities;
3. the supervisor must notify the superintendent of education and the union or federation as appropriate;
4. the person(s) involved in conducting the investigation by the supervisor must not be involved in the incident/be part of the concern;
5. all incidents of physical force that have caused physical injury, could have caused physical injury, or a statement or behavior that is reasonable for a worker to interpret as a threat to exercise physical force that could cause physical injury to the worker must be reported and investigated by the supervisor in accordance with Board Policy and Procedure #540.0, Health and Safety – Employees (Workers); and
6. the worker must complete the Employee Accident/Incident Report and the supervisor must record any steps taken to prevent a recurrence.

2.2.2 By a student against a worker

1. all incidents of workplace violence by a student against a worker must be immediately reported to the supervisor;
2. all incidents of physical force that have caused physical injury, could have caused physical injury, or a statement or behavior that is reasonable for a worker to interpret as a threat to exercise physical force that could cause physical injury to the worker must be reported and investigated by the supervisor in accordance with Board Policy and Procedure #540.0, Health and Safety - Employees (Workers);
3. the worker must complete the Employee Accident/Incident Report and the supervisor must record any steps taken to prevent a recurrence. This form must be completed regardless of age of the student or mitigating circumstances;
4. where a worker suffers workplace violence that is initiated by a student or is the result of behaviour by a student, the incident must also be reported in accordance with the Education Act and applicable Ministry of Education Regulations, Policy and Memoranda and Board Policy #668.0, Caring and Safe Schools; and
5. where a worker suffers workplace violence and requires medical attention resulting from the incident, the incident must be reported to law enforcement authorities as per the Police and School Boards Protocol (Section 6).

2.2.3 By a member of the community against a worker

1. all incidents of violence by a member of the community against a worker must be immediately reported to the supervisor;
2. all incidents of physical force that have caused physical injury, could have caused physical injury, or a statement or behavior that is reasonable for a worker to interpret as a threat to exercise physical force that could cause physical injury to the worker must be reported and investigated by the supervisor in accordance with Board Policy and Procedure #540.0, Health and Safety – Employees (Workers);
3. the worker must complete the Employee Accident/Incident Report and the supervisor must record any steps taken to prevent a recurrence;
4. the supervisor must investigate the incident and, where appropriate, consult with law enforcement authorities; and
5. the supervisor, in consultation with the appropriate superintendent, will report the incident to the perpetrator’s employer and/or such other person as the Board determines is appropriate in the circumstances.

2.2.4 Where there is a risk of violence or when it is evident that a person has a history of violence:

1. for students new to the Board, the supervisor will plan for safe entry of students by contacting the Student Services Coordinator to coordinate a Mid-Year Transition Meeting. The purpose of the Mid-Year Transition Guide is to support the effective mid-year transition planning for identified students with high needs, including those with documented significant health concerns and/or students with safety plans. Knowing that communication and preparation are paramount to safe and successful transitions, this guideline is intended to support both sending and receiving schools and their respective  workers when a student is transferred from one YRDSB school or program to another, a student is new to YRDSB or a student is returning from Care and Treatment Education Program (CTEP/Section 23 placement) mid-year, to ensure all necessary supports are in place before a student attends;
2. the supervisor will use the Student Threat Assessment and Intervention Protocol as appropriate;
3. the supervisor, in consultation with the appropriate superintendent, will provide information, including personal information, to workers about a person with a history of violence if;
   1. the worker can be expected to encounter that person in the course of his or her work, and
   2. the risk of workplace violence is likely to expose the worker to physical injury;
4. the supervisor, in consultation with the Student Services Coordinator or other staff members, as appropriate, will review the Safety Plan or Individual Action Plan (IAP), if required;
5. where there is no Safety Plan, one will be created if appropriate or the appropriate IAP will be used (IAP template for students in SSNET or IAP template for adults);
6. the school principal is responsible for ensuring that the Safety Plan is created collaboratively with a school team, to include the principal, Special Education Resource Teacher (SERT), student, parent, support staff, members of the Interdisciplinary Team (IDT) and community support where appropriate. The SERT is responsible for completing the Safety Plan as part of the Individual Education Plan (IEP). Ensuring an IAP is developed is the responsibility of supervisor, as appropriate. The principal or supervisor is to determine the appropriate workers to collaboratively create an IAP on a case-by-case basis;
7. the supervisor must ensure that relevant information contained in a Truncated Safety Plan, Safety Plan or IAP (as appropriate) is shared with workers including, but not limited to, teachers, designated early childhood educators, educational assistants, caretakers, and office staff, who can be expected to encounter the individual or student in the course of his or her work and the risk of workplace violence is likely to expose the worker to physical injury. Relevant information must also include a current student photo on the truncated version of the Safety Plan or IAP for a student kept in a secure location in the main office. In addition, photos must also be included in the full version of the safety plans located in the applicable community classrooms. The need for a photo of a perpetrator who is not a student will be assessed on a case-by-case basis with the supervisor and the individual(s) at risk of harm;
8. after reviewing the Truncated Safety Plan/Safety Plan or IAP with workers, the supervisor must document that workers have been notified. This must be done on either a Form A: Students with a Safety Plan or Individual Action Plan (IAP) or Notification of Risk of Injury Form B: Individual Action Plan – Adults;
9. it is also vital that the supervisor uses the Notification of Risk form as appropriate for sharing and tracking the above information with other Board staff members and occasional and casual staff members such as, but not limited to, occasional teachers, teacher candidates, casual designated early childhood educators and educational assistants, school lunch assistants, bus drivers and taxi drivers. Sharing information is done to ensure that all staff members who have contact with the student and are likely to be exposed to physical injury, are able to respond with safe and supportive methods. Information must be shared before staff members begin their assignment;
10. these forms are to be used as a tool to record the information that has been shared with staff and is not intended to be copied and shared with all those who have been notified, but rather retained in a secure location and distributed and/or destroyed as indicated on the form; and
11. the student Safety Plan and Truncated Safety Plan or IAP should be reviewed and updated when there is a change in behaviour that could increase the potential for a violent incident or risk of injury to others and at least annually.

2.3 Reporting of and Response to Reports of Domestic Violence

Domestic violence occurring in the workplace is recognized by the Occupational Health and Safety Act (OHSA) as workplace violence. Unlike many risks which may lend themselves to regular and ongoing assessment, the risk of domestic violence taking place in the workplace is much more variable and less easily anticipated, although nonetheless real. The OHSA does not require an assessment of the risks of domestic violence becoming workplace violence:

1. a worker must inform their supervisor if the worker believes that they, or a co- worker, may be subject to an occurrence of domestic violence that would likely expose the worker, the co-worker, or others to physical injury in the workplace; and
2. the supervisor, regardless of whether the threat of domestic violence is from a co-worker or from someone outside of the workplace, under the advice of the superintendent, must take every precaution reasonable in the circumstances for the protection of the worker. Such steps may include, but are not limited to, warnings, worker transfers, completion of IAP, informing police, and requesting restraining orders.

2.4 Reporting and Investigating Complaints of Reprisal from or against Workers

1. all complaints of reprisal must be immediately reported to the supervisor unless the incident relates to that person (supervisor), in which case the person to whom the supervisor reports must be notified; and
2. the supervisor, in consultation with the superintendent and Human Resources Services, must promptly investigate complaints of reprisal. Appropriate disciplinary action, up to and including dismissal will be rendered where appropriate.

3. Responsibilities

3.1 The Director of Education shall:

1. allocate workers and resources to support the Violence Prevention and Intervention procedure; and
2. ensure workers are trained in identifying risks and using the Student Threat Assessment and Intervention Protocol as appropriate.

3.2 The Director of Education, Associate Directors and/or the Coordinating Superintendents, Superintendents, Principals, Managers and Supervisors shall:

1. support the implementation of the Violence Prevention and Intervention procedure;
2. communicate and review the Violence Prevention and Intervention procedure and information about persons with a history of violence with the workers they supervise or manage;
3. work with the multi-workplace Joint Health and Safety Committee to promote a workplace that is free from violence;
4. complete a site-specific risk assessment for workplace violence on an annual basis and re-assess risks throughout the year following;
   1. a critical injury of a worker caused by workplace violence,
   2. a lockdown situation requiring a completion of the lockdown occurrence report, excluding false activations,
   3. external issues such as significant community event or external risk such as multiple hold-and-secures for nearby violence incidents that would impact security or existing controls at the school/site (the potential for domestic violence to enter the workplace in and of itself does not trigger a site violence risk reassessment),
   4. addition or removal of a class which may serve students with a known history of violence (not the addition of an individual student with a safety plan for violent behaviour or following the review of an individual student’s safety plan), and
   5. addition or removal of a day care/before and after program or another occupant;
5. investigate and respond to incidents of workplace violence in a timely manner;
6. support and participate in violence prevention and intervention training;
7. recognize potential workplace violence risks and conduct a Threat Assessment if necessary;
8. verify that all persons working at, attending, or visiting a school or workplace are aware of and adhere to this procedure; and
9. post this policy and procedure on the health and safety bulletin board.

3.3 The Health and Safety Manager shall:

1. review the workplace violence risk assessment with the multi-workplace Joint Occupational Health and Safety Committee and work with superintendents, principals, vice-principals, managers and supervisors to reassess the risks of workplace violence as deemed necessary;
2. develop and maintain training related to workplace violence and non-code workplace harassment, in consultation with the multi-workplace Joint Occupational Health and Safety Committee;
3. maintain and monitor compliance training records related to workplace violence and non-code harassment; and
4. ensure that Employee Accident/Incident Report incidents of workplace violence are forwarded to the multi-workplace Joint Occupational Health and Safety Committee.

3.4 Human Resource Services shall:

1. provide consultative services to supervisors in responding to incidents of workplace violence.

3.5 The multi-workplace Joint Health and Safety Committee/Health and Safety representatives shall:

1. work with supervisors to promote a workplace that is free from violence.

3.6 Workers shall:

1. immediately notify their supervisor if they are involved in or have observed any incident of workplace violence (using the Employee Accident/Incident Report or Safe Schools Incident Report as appropriate);
2. immediately notify the person to whom their supervisor reports, if the supervisor is involved in or has observed any incident of workplace violence that involves or relates to their supervisor;
3. inform their supervisor if they are experiencing domestic violence that may expose the worker or others to physical injury in the workplace;
4. inform their supervisor if they believe a co-worker is experiencing domestic violence that may expose the worker or others to physical injury in the workplace;
5. inform their supervisor if they believe a colleague is an aggressor/engaging in domestic violence outside of the workplace that may expose a worker or others to physical injury in the workplace; and
6. participate in any investigations and/or workplace violence prevention training.

4. Definitions

4.1 Individual Action Plan

Outlines the precautionary steps, procedures, and measures necessary for workers to follow to ensure protection of the worker(s) when another worker, adult or third party may pose a risk of physical harm to workers in the workplace. The IAP for adults is to be used. The IAP template in SSNET is to be used for students who do not have an Individual Education Plan or Safety Plan, but workers need to know possible triggers and appropriate responses should the student’s behavior escalate. This form is not to be used for students with special education needs who have an IEP or Safety Plan. 

4.2 Risk Assessment

An assessment of the risks of workplace violence that may arise from the nature of the workplace, the type of work or the conditions of work as required by section 32.0.3 (1) of the Occupational Health and Safety Act. A risk assessment is workplace specific; it is not an assessment of an individual or student. Annually, supervisors complete the Ministry of Labour Workplace Violence Risk Assessment form.

4.3 Risk Reassessment

A reassessment of the risks of workplace violence carried out to comply with section 32.0.3 (4) of the Occupational Health and Safety Act. Supervisors complete the Ministry of Labour Workplace Violence Risk Assessment form to document the reassessment.

4.4 Safety Plan

A safety plan is a predetermined plan of action developed by workers in consultation with the parent(s)/guardian(s) for a student with an identification who has a pattern of and engages in behaviours which pose a danger to self-and/or others. A safety plan includes detailed and clear information for workers working with a student with an identification regarding: prevention and intervention strategies to be used, who will be using the strategies, and the circumstances under which strategies will be used to maintain a safe environment.

4.5 Threat

An indication of intent to do harm or act violently against someone or something. Threats may be verbal, written, drawn, posted on the Internet, sent electronically or by information technology of any type, made by gesture or reasonably inferred from the surrounding circumstances of events. Threats may be direct, indirect, conditional, or veiled.

4.6 Truncated Safety Plan

Truncated Safety Plans with a current student photo (abridged versions of the Safety Plan) can help to facilitate notification of the risk of potential workplace violence. The Truncated Safety Plan would be shared with workers who do not require all information included within a Safety Plan.

Truncated Safety Plans are shared with staff, that the administrator has determined can be expected to encounter the student and where the risk of workplace violence from the student is likely to expose the worker to physical injury. (e.g., for those students who elope or who move from classroom to classroom and have targeted behaviour towards others.

5. Contact

Human Resource Services

6. History

Approved: 2010

Working Document: December 2012, December 2014, October 2017

Revised 2011, October 2013, December 2015, December 2016, June 2018, April 2019, January

2021, February 2022, January 2024, February 2025, February 2026

Reviewed: February 2023

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Board Procedure #250.2 Non-Code Workplace Related Harassment – Employees (Workers)

1. Procedure Statement

This procedure outlines the steps that must be taken to address complaints of Non-Code Workplace Related Harassment in the workplace.

2. Application

This procedure applies to all Board workers when the Non-Code Workplace Related Harassment is directed at a worker in the workplace.

2.1 Reporting Non-Code Workplace Harassment

1. all incidents of Non-Code Workplace Related Harassment must be reported immediately or as soon as possible after experiencing or witnessing an incident to the supervisor unless the incident relates to that person (supervisor), in which case the person to whom the supervisor reports must be notified;
2. workers can report incidents or complaints of Non-Code Workplace Related Harassment verbally or in writing. The report of the incident should include the following information;
   1. name(s) of the worker who has allegedly experienced the Non-Code Workplace Related Harassment and contact information,
   2. name of the alleged harasser(s), position and contact information (if known),
   3. names of the witness(es) (if any) or other person(s) with relevant information to provide about the incident (if any) and contact information (if known),
   4. details of what happened including date(s), frequency, and location(s) of the alleged incident(s),
   5. any supporting documents the worker who complains of harassment may have in their possession that are relevant to the complaint, and
   6. list any documents a witness, another person or the alleged harasser may have in their possession that are relevant to the complaint;
3. the supervisor must notify their superintendent and consult with Human Resources Services about the Non-Code Workplace Related Harassment incident or complaint to ensure an investigation is conducted that is appropriate in the circumstances; and
4. the supervisor will inform the worker alleging harassment that they have access to union representation in accordance with the Collective Agreement requirements.

2.2 Investigation Process

1. the superintendent responsible for the area in which the alleged harassment took place will determine who will conduct the investigation into the incident or complaint of Non-Code Workplace Related Harassment. Where required, an external person qualified to conduct a harassment investigation who has knowledge of the relevant workplace harassment laws will be retained to conduct the investigation;
2. the superintendent and/or investigator must consult with Human Resource Services to determine interim measures after the complaint is received and during the investigation;
3. the investigator assigned by the superintendent must complete the investigation in a timely manner, generally within 90 days or less. However, if there are extenuating circumstances (i.e., illness, complex investigation), a longer investigation may be warranted. If the matter is the subject of an external investigation the internal investigation may be suspended until a future date;
4. the investigator, whether internal or external to the workplace must;
   1. ensure the investigation is kept confidential and identifying information is not disclosed unless necessary to conduct the investigation. The investigator should remind the parties of this confidentiality obligation at the beginning of the investigation,
   2. thoroughly interview the worker who allegedly experienced the Non-Code Workplace Related Harassment and the alleged harasser(s) if the alleged harasser is a worker of the YRDSB. If the alleged harasser is not a worker, the investigator should make reasonable efforts to interview the alleged harasser,
   3. give the alleged harasser(s) the opportunity to respond to the specific allegations raised by the worker. In some circumstances, the worker who allegedly experienced the Non-Code Workplace Related Harassment should be given a reasonable opportunity to reply,
   4. interview any relevant witnesses employed by the YRDSB who may be identified by either the worker who allegedly experienced the Non-Code Workplace Related Harassment, the alleged harasser(s) or as necessary to conduct a thorough investigation. The investigator must make reasonable efforts to interview any relevant witnesses who are not employed by the YRDSB if there are any identified,
   5. collect and review any relevant documents,
   6. take appropriate notes and statements during interviews with the worker who allegedly experienced Non-Code Workplace Related Harassment, the alleged harasser, and any witnesses,
   7. prepare a written report summarizing the steps taken during the investigation, the complaint, the allegations of the worker who allegedly experienced the Non-Code Workplace Related Harassment, the response from the alleged harasser, the evidence of any witnesses, and the evidence gathered. The report must set out findings of fact and conclude about whether Non-Code Workplace Related Harassment was found or not,
   8. inform the worker who allegedly experienced the Non-Code Workplace Related Harassment and the alleged harasser, if they are a worker of the YRDSB, in writing within 10 days of the investigation being completed, and a finding determined, of the results of the investigation and if any corrective action will be taken. The nature and specifics of the action will not be shared, and
   9. advise the worker that they may have a union representative present, or, for non‑unionized workers, a support person, during the investigation meeting.

2.3 Confidentiality

All incidents or complaints of Non-Code Workplace Related Harassment shall be kept confidential except to the extent necessary to protect workers, to investigate the complaint or incident, to take corrective action or otherwise as required by law.

While the investigation is on-going, the worker who has allegedly experienced harassment, the alleged harasser(s) and any witnesses should not discuss the incident or complaint or the investigation with each other or other staff or witnesses unless necessary to obtain advice about their rights. The investigator may discuss the investigation and disclose the incident or complaint-related information only as necessary to conduct the investigation.

2.4 Record Retention

The investigator and Human Resource Services will retain records of the investigation including:

1. a copy of the complaint or details about the incident;
2. a record of the investigation including notes;
3. a copy of the investigation report, if any;
4. a summary of the results of the investigation that was provided to the worker who allegedly experienced the Non-Code Workplace Related Harassment and the alleged harasser, if a worker of the employer; and
5. a copy of any corrective action taken to address the complaint or incident of non-code workplace harassment.

All records of the investigation will be kept confidential. The investigation documents, including this report, should not be disclosed unless necessary to investigate an incident or complaint of Non-Code Workplace Related Harassment, take corrective action or otherwise as required by law.

2.5 Corrective and/or Disciplinary Action

Where it is found that there has been Non Code Workplace Related Harassment, or where an individual has breached the confidentiality obligations outlined in this policy, corrective and/or disciplinary action may be taken in accordance with the Board’s Progressive Discipline policy and procedure.

2.6 Other Assistance Available

If a worker needs further assistance, they may contact their union or federation or Employee and Family Assistance Program.

2.7 Reporting and Investigation of Reprisals

All complaints of reprisal must be immediately reported to the supervisor unless the incident relates to that person (supervisor), in which case the person to whom the supervisor reports must be notified.

The supervisor, in consultation with the superintendent and Human Resources Services, may promptly investigate complaints of reprisal. Appropriate disciplinary action, up to and including dismissal will be rendered where appropriate.

3. Responsibilities

3.1 The Director of Education shall:

1. allocate workers and resources to support the Non-Code Workplace Related Harassment procedure.

3.2 The Director of Education, Associate Directors and/or the Coordinating Superintendents, Superintendents, Principals, Managers and Supervisors shall:

1. support the implementation of the Non-Code Workplace Related Harassment procedure;
2. communicate and review the Non-Code Workplace Related Harassment procedure with the staff members they supervise or manage;
3. work with the multi-workplace Joint Health and Safety Committee to promote a workplace that is free from harassment;
4. investigate and respond to incidents of Non-Code Workplace Related Harassment in a fair and timely manner;
5. support and participate in harassment training;
6. verify that all persons working at, attending, or visiting a school or workplace are aware of and adhere to this procedure; and
7. post this policy and procedure on the health and safety bulletin board.

3.3 Human Resource Services shall:

1. ]support the implementation of the Non-Code Workplace Related Harassment procedure;
2. communicate and review the Non-Code Workplace Related Harassment procedure with staff members;
3. determine if the complaint meets the threshold of Non-Code Workplace Related Harassment under this policy and procedure or if the matter should be referred under another Board policy, procedure, or collective agreement;
4. provide consultative services to superintendents, principals, managers, and supervisors in responding to incidents of Non-Code Workplace Related Harassment;
5. engage staff members when conducting investigations, where appropriate; and
6. work with and refer complaints that are code related to the Human Rights Office.

3.4 The multi-workplace Joint Health and Safety shall:

1. work with principals, managers, and supervisors to promote a workplace that is free from harassment.

3.5 Workers shall:

1. immediately notify their supervisor if they are involved in or have observed any incident of Non-Code Workplace Related Harassment;
2. immediately notify the person to whom their supervisor reports, if the supervisor is involved in or has observed any incident of workplace harassment that involves or relates to their supervisor; and
3. participate in any investigations and/or workplace harassment training.

4. Contact

Human Resource Services

5. History

Working Document: October 2017

Approved: June 2018

Revised: April 2019, January 2021, January 2024

Reviewed: February 2023, February 2025, February 2026