For purposes of this policy and the ADLER Complaint Resolution Process, and in accordance with the Human Rights Code, the Occupational Health and Safety Act and other legislation, these terms have the following meaning:
- ADLER Community
- Includes contractors, employees, guests of ADLER, members of the Board of Directors, members of committees established by ADLER, renters of ADLER facilities, researchers engaged by ADLER, students, visitors, and volunteers.
- Adler Graduate Professional School Inc. (AGPS)
- A professional school in Toronto, Ontario offering academic and professional programs of study.
- Accessibility for Ontarians with Disabilities Act, 2005
- The Ontario law intended to achieve accessibility for Ontarians with Disabilities with respect to goods, services, facilities, accommodation, employment, buildings, structures, and premises on or before January 1, 2025, by developing, implementing, and enforcing accessibility standards.
- Alternative Dispute Resolution
- Different ways parties to a dispute can resolve differences without a formal judicial or quasi-judicial hearing. ADR processes may include mediation, arbitration, and neutral evaluation.
- Annual Review
- Review by AGPS of its workplace harassment policy in compliance with section 32.0.1 of the Occupational Health and Safety Act.
- Assault
- An intentional act that puts another person in reasonable apprehension of imminent harmful or offensive contact. There need not be actual contact for the assault to occur.
- Bullying
- The repeated treatment of a person by another or others designed to belittle, intimidate, or otherwise make that other person feel excluded, insecure, and/or unhappy. Bullying does not, however, include legitimate criticism of an employee’s or student’s performance or behaviour.
- An assertive management style that nonetheless treats employees and students with respect and dignity does not constitute bullying.
- Conflict of Interest
- This is a situation in which a person has an interest, direct or indirect, reasonably sufficient to influence or appear to influence the exercise of that person’s duties. The interest could be pecuniary. Conflicts of interest could also arise from professional or personal relationships or from the professional or personal relationships of members of the person’s immediate family.
- Actual influence is not necessary for a conflict of interest to exist. A reasonable apprehension that such influence exists is sufficient.
- Cyberbullying
- Cyberbullying occurs when a person is targeted by another person or persons with a view to being bullied, embarrassed, harassed, humiliated, intimidated, or threatened, using the internet, mobile technology, computers, or other digital technology whatsoever and wherever located.
- Discrimination
- This is the act of making unjustified and potentially harmful distinctions between people based on the stereotypes of race, national or ethnic origin, colour, religion, age, gender, sex, sexual orientation, marital status, family status, disability, conviction for which the victim of discrimination has been granted a pardon, or other categories to which they belong or are perceived to belong.
- Any practice or behaviour, whether intentional or not, which has a negative impact on an individual or group based on one or more of the prohibited grounds under the Human Rights Code, except where the conduct is permitted under the said Human Rights Code. Discrimination may flow from unequal treatment or from the same treatment, which has an unequal effect on an individual or group in violation of the Human Rights Code.
- Diversity
- The existence and promotion of variations of different characteristics that make members of an organization unique. These characteristics include cognitive and intellectual skills and personality traits, in addition to identifiers such as race, age, gender, religion, sexual orientation, and cultural background and experiences.
- Employee
- A person employed by ADLER in a capacity other than that of a faculty member.
- Faculty Member
- A person employed by ADLER as a professor, or instructor or in any other capacity of imparting knowledge to the learners at ADLER.
- Harassment
- This is as defined in the Ontario Human Rights Code and the Occupational Health and Safety Act, RSO 1990. It is engaging in a course of vexatious comment or conduct that is known or ought reasonably to be known to be unwelcomed. Engaging in a course of vexatious comment or conduct against an employee, faculty member, or student or another worker in the workplace that is known or ought reasonably to be known to be unwelcome.
- Hate Activity
- Comment or actions against a person or group motivated by bias, prejudice or hate based on race, ancestry, national or ethnic origin, language, colour, religion, sex, age, mental or physical disability, marital status, family status, sexual orientation, or any other similar factor. Includes, but is not limited to, hate crime, hate propaganda, advocating genocide, telephone/electronic communications promoting hate, and the public display of hate through any notice, sign, symbol, or emblem.
- Human Rights Code, R.S.O. 1990, c.H.19
- Ontario law that protects persons from employment-related discrimination and harassment based on prohibited grounds and recognizes the dignity and worth of every person.
- Investigation
- Thorough, systematic attempt by an impartial person to learn the facts about a complaint under this policy to determine whether the policy has been violated.
- Natural Justice
- Any resolution process, whether formal or informal, must include the following principles of natural justice. Natural Justice shall underlie all policies and procedures with respect to disputes, including appeals, complaints, and grievances. Due processes presented herein are designed to be reasonable, understandable, and communicated to students, staff, and faculty in clear and unequivocal terms.
- Natural justice includes:
- The right to an impartial decision-making authority and a fair hearing.
- The right to notice – to be informed about accusations made against you and important information about a case in which you are involved
- The right to a fair hearing
- The right to adjudicators free from bias
- The right to be heard and present your point of view
- The process must be accessible and timely
- Manager
- Any individual to whom human resource management powers, duties, or functions such as hiring, and terminating have been delegated.
- Occupational Health and Safety Act R.S.O. 1990, c.0.1 and its regulations
- Ontario law that outlines legislative obligations to protect workers, roles and responsibilities for all parties, and penalties for unsafe working conditions and practices.
- Poisoned Environment
- This is a form of discrimination. Comments or actions made maliciously or with ill intent and intended to have or have the effect of demoralizing, humiliating, intimidating, or threatening any member of the AGPS community can have the effect of poisoning the work or study environment. A complainant need not be a direct target of these comments or actions to be adversely affected by a poisoned environment. A poisoned work environment may result from multiple events or a serious single event, remark, or action.
- Preliminary assessment
- Initial review of issues, allegations, or complaints under this policy to clarify details, consider whether there has been a potential policy violation, and determine appropriate resolution mechanisms or other actions.
- Prohibited (or protected) grounds.
- Personal attributes that are recognized as the targets of harassing and discriminatory actions under the Ontario Human Rights Code (OHRC).
- In Ontario, discrimination based on any of the protected grounds of the OHRC is prohibited. The grounds are listed below.
- Age
- Ancestry, colour, race
- Citizenship
- Ethnic origin
- Place of origin
- Creed
- Disability
- Family status
- Marital status (including single status)
- Gender identity, gender expression
- Receipt of public assistance (in housing only)
- Record of offences (in employment only)
- Sex (including pregnancy and breastfeeding)
- Sexual orientation.
- Reprisal
- An adverse action against any member of the ADLER community who exercises the right under this Code of Conduct or ADLER Workplace Discrimination and Harassment Policy for acting in compliance with the Code of Conduct and/or the ADLER Workplace Discrimination and Harassment Policy, for seeking the application of the Code of Conduct or ADLER Workplace Discrimination and Harassment or for participating in a process arising from these two policies.
- Respondent
- Person alleged to have harassed or discriminated against the complainant.
- Student
- Any person enrolled to learn or study at ADLER for a degree, certificate or any kind of programme, regardless of the duration of the programme.
- Worker
- Has the same meaning as defined in s.1 of Occupational Health and Safety Act and means “a person who performs work or supplies services for monetary compensation but does not include an inmate of a correctional institution or like institution or facility who participates inside the institution or facility in a work project or rehabilitation program.”
- Workplace
- Has the same meaning as defined in s. 1 of Occupational Health and Safety Act and means “any land, premises, location or thing at, upon, in or near which a worker works.”
- Workplace restoration
- Promoting and/or restoring positivity and respect in workplace relationships following a complaint of discrimination or harassment.