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HUMAN RESOURCES COMMITTEE April 19, 2016

Education Centre – Room 340-D

AGENDA

5:00 p.m.

1. Call to Order P. Deathe

2. Approval of the Agenda

3. Staff Development

4. Policy Review:

a) Occupational Health & Safety

b) Performance Appraisal

c) Professional Learning

d) Workplace Violence& Harassment Prevention

5. Resolution into Private Session – as per the Education Act, Section 207.2 (b) the disclosure of

intimate, personal or financial information in respect of a member of the board or committee

and (d) decisions in respect of negotiations with employees of the board

6. Meeting resumes in Public Session

7. Next Human Resources Meeting: May 5, 2016

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EXECUTIVE REPORT TO

HUMAN RESOURCES

COMMITTEE

TO: HUMAN RESOURCES COMMITTEE

FROM: Michael Prendergast, Superintendent of Human Resources

DATE: April 19, 2016

PREPARED BY: Human Resources

RE: See attached - Staff Development Program Offerings

Action Monitoring X

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HWDSB Staff Development Program Offerings 2015-16

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Program Eligible Staff Description

5 Choices to Extraordinary Productivity

Service department leaders Participants explore a process to increase their ability to achieve the most important outcomes within their work team. They learn strategies for paying attention to the most important things amidst day-to-day distractions. These strategies will allow them to support their team, harnessing opportunities and technologies for achieving creative and innovative heights.

7 Habits of Highly Effective People

All staff An eight-session program for staff interested in expanding their personal leadership through Dr. Covey’s 7 Habits of Effectiveness, relating back to the strategic directions of HWDSB. This program provides a holistic, integrated approach to personal and interpersonal effectiveness.

Foundation Training in Adaptive Schools

Principals, Vice-Principals Consultants, Supervisors, Managers, Instructional Coaches, Executive Council

Adaptive Schools training teaches us to consider the ways in which we do our work, focusing on the fact that leadership is shared. This program seeks to develop the resources and capacities of individuals within HWDSB to cohesively respond to the changing needs of students, schools and society.

Foundation Training in Adaptive Schools – Summer Institute

All staff As above

Foundation Training in Cognitive Coaching

Principals, Vice-Principals Consultants, Supervisors, Managers, Instructional Coaches, Executive Council

Cognitive Coaching is a proven process for enabling leaders to work effectively with others. This 8-day program includes topics such as response behaviours – pausing, paraphrasing and posing mediative questions, as well as planning, reflecting and problem resolving conversations. A major focus of the training is trust and rapport, which in turn contributes to the building of positive, effective relationships.

Interview Skills All staff This session highlights tips and techniques for successful interviews.

Leaders Facilitating Learning

All staff This six-session leadership program, aligned with HWDSB’s key strategic directions, focuses on HWDSB as a learning organization. Participants will engage in learning team experiences that provide them with the knowledge and skills to facilitate/support improvement activities within their school or department.

Organizational Learning: A System Perspective

All staff This program has been developed for current and aspiring HWDSB System Leaders who are interested in exploring and developing their leadership practices from a system perspective. This three-session program covers topics related to organizational change –understanding the theory of change, applying that knowledge to Transforming Learning Everywhere, and synthesizing learning into suggestions for enhancing HWDSB.

Resume Writing All staff Participants learn about the various components of building an outstanding resume.

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EXECUTIVE REPORT TO

HUMAN RESOURCES

COMMITTEE

TO: HUMAN RESOURCES COMMITTEE

FROM: Michael Prendergast, Superintendent of Human Resources

DATE: April 19, 2016

PREPARED BY: Human Resources

RE: See attached – Policy Review

Action Monitoring X

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POLICY COMMITTEE

Title: Occupational Health & Safety

Pillar Policy: Human Resources

Last Reviewed: 2015 – Annual Review

Issue Identification

Scoping Report

Draft Policy Development

Stakeholder Consultation

Draft Policy Revisions and Approval

Policy Directive and Implementation

Policy Evaluation and Review

Ministry Mandated Policy

Revoking a Policy

Recommended Action:

That the Occupational Health and Safety Policy be recommended for approval. Background: The Occupational Health and Safety Policy has been reviewed by HWDSB’s Central Joint Health and Safety Committee as per section 25, 2 (j) of the Occupational Health and Safety Act. On June 15th, 2010 amendments to the Occupational Health and Safety Act came into force, which required workplaces in Ontario to develop the necessary policies, programs, measures and procedures with respect to workplace violence and harassment. The directive attached is still a draft, as it is being updated in conjunction with employee groups. It is expected this draft will be reviewed at the Joint Health and Safety Committee at the end of April. The directive will be brought back to the Policy Committee in May as an information item.

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Policy No. X.X Occupational Health and Safety Page 1

Date Approved: Projected Review Date:

PURPOSE: Hamilton-Wentworth District School Board’s (HWDSB) is committed to the health and safety of its employees and all other persons [such as students, trustees, visitors, contractors] and the safe condition of its properties. GUIDING PRINCIPLES:

Provide and maintain a safe and healthy work environment, in accordance with industry standards and in compliance with legislative requirements.

Endeavour to eliminate any foreseeable hazards that may result in personal injury/illness, property damage and incidents.

All employees are responsible for and will be held accountable for working safely.

All individuals employed or contracted by the Board shall comply with the safe work practices and procedures established by the Board and with applicable legislation.

INTENDED OUTCOMES:

Reduce the number of injury and illness claims/fines by employees and all other persons such as students, trustees, visitors and contractors.

Raise awareness of all employees’ direct responsibility for health and safety as an essential part of his or her job through the Internal Responsibility System.

RESPONSIBILITY: Director of Education- annual review- per the Occupational Health & Safety Act, S. 25(2)(j) Members of Executive Council Central Joint Health and Safety Committee (annual review) TERMINOLOGY: Central Joint Health and Safety Committee: A joint forum for employers and employees working together to improve workplace health and safety.

Internal Responsibility System: The Internal Responsibility System puts in place an employee-employer partnership in ensuring a safe workplace. The Internal Responsibility System establishes responsibility-sharing systems, promotes safety culture, promotes best practice, helps develop self-reliance and ensures compliance.

Policy No. X.X

Occupational Health and Safety

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ACTION REQUIRED:

Supervisors will ensure that this policy is effectively implemented within their areas of supervision.

Employees will participate in health and safety education and training programs as required by legislation and/or the board.

The Central Joint Health and Safety Committee shall assist in the development, implementation and review of a Board-wide health and safety program in accordance with the Occupational Health and Safety Act and the Workplace Safety and Insurance Act.

An In–School/Facility Joint Committee shall be established within each school or administrative building to assist with monthly inspections and support the functions of the Central Joint Health and Safety Committee.

The Central Joint Health and Safety Committee and In School/Facility Joint Health and Safety Committees will operate in accordance with the Guidelines for the Structure and Function of the Central Joint Health and Safety Committee.

PROGRESS INDICATORS:

Intended Outcome Assessment Reduce the number of injury and illness claims/fines by employees and all other persons such as students, trustees, visitors and contractors

A review of injury, illness or damage claim reports. A review of Ministry of Labour compliance orders and fines from the Workplace Safety and Insurance Board.

Raise awareness of all employees’ direct responsibility for health and safety as an essential part of his or her job through the Internal Responsibility System.

Measure the awareness level of employees’ responsibility for health and safety through annual employee survey.

REFERENCES: Government Documents Education Act Occupational Health and Safety Act,

HWDSB Strategic Directions Achievement Matters Engagement Matters Equity Matters

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HWDSB Policies Accommodation of Staff Cancellation of School and Board Administrative Operations Community Use of Board Facilities/Properties Educational Excursions Employee Support Program Harassment Medical Health Supports Partnership Procurement Recruitment and Selection Respectful Working and Learning Environments Safe Schools Pillar Staff Development

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Promoting Staff Safety Through Behaviour Support Plans and Safe Intervention Plans – Policy X.X Page 1

Projected Review Date:

RATIONALE: At times, a student’s behaviour may pose a direct risk to self or to others. In order to mitigate these behaviours and address the risk that they may pose, a behaviour and/or safe intervention plan may be appropriate in order to protect the health and safety of the individual and others. TERMINOLOGY: Behaviour Support Plan (BSP): A Behaviour Support Plan (BSP) is a written plan that is designed to identify Lagging Skills leading to Unsolved Problems and provide recommended strategies to:

a) Address/temporarily reduce the situational demands and expectations leading to the student having difficulty coping

b) Outline targeted skill building activities in the areas of greatest need based on the Unsolved Problems identified; so the challenging behaviour can be reduced or eliminated completely.

If the student also has an Individual Education Plan (IEP), then the alternative expectations outlined in the IEP can serve as the BSP. The BSP, from a health and safety perspective is developed to reduce and/or eliminate behaviours that are leading to unsafe incidents. It is also developed to help the student acquire the knowledge and skills necessary to more effectively manage the daily situational demands and expectations such that he/she can be successful at school. Safe Intervention Plan (SIP): A Safe Intervention Plan (SIP) is developed to support a student whose behaviour has potential to pose an ongoing risk of injury to him/herself, other students, staff or other people in general. It can serve as a crisis-response plan that outlines the roles and responsibilities of the staff as well as universal and student specific strategies to respond safely, effectively and in the least intrusive way possible to students in escalated emotional states. It is a tool that prescribes proactive strategies to respond to challenging behavior so that every opportunity for the student to de-escalate is provided. The SIP is implemented and revised as needed. Tiered Intervention Approach: Tiered Intervention for students is a systematic, sequential approach to providing high quality, evidence-based instruction and appropriate interventions that respond to students' individual needs. This same approach can be adopted to address the required level of supports and training in order to address behaviours that pose a risk to staff.

Promoting Staff Safety Through Behaviour Support Plans and Safe Intervention Plans

Directive

Directive for Policy X.X Occupational Health and Safety

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Incident Prevention: Incident prevention is the most critical element in protecting the mental well-being and physical health and safety of staff, students and others. Fundamental to this is the development of BSPs that address lagging skills; the root causes of the challenging behaviour. The strategies implemented through these plans are focused on identifying and temporarily reducing the situational demands or expectations leading to the challenging behavior and setting out the strategies required to build or strengthen specific lagging skills. Providing the student with environments and expectations in which he/she can successfully function will ensure a safe working and learning environment for all. Physical Intervention: It is acknowledged that in very rare circumstances, staff support may need to take the form of physical intervention in order to respond to unsafe behavior that could not otherwise be de-escalated using primary strategies such as the withholding of additional commands or directives, increasing proximal distance from the student, issuing formal or informal “secure and hold”, removing triggering people and/or stimuli; and/or, engaging in a classroom evacuation. Physical restraint should only be performed by staff who have been trained to do so and is the last and most intrusive procedure in the hierarchy of behaviour management techniques. In situations where a physical intervention is deemed too high risk by staff then the principal/vice principal/designate must notify the authorities to respond. SIP Development Overview: Staff who work with the student on an ongoing daily basis must be aware of and involved in the development of Stage 1 and 2 of the SIP in order to respond in proactive ways to prevent behaviour from escalating to Stage 3. A Stage 3 intervention should be performed by staff who have been trained to do so. Following any application of Stage 3 and 4 of the SIP, staff who work with the student need to review the student’s IEP, BSP and SIP and adjust each plan as appropriate to proactively reduce the situational demands or expectations where it is known the student’s skills are currently inadequate to respond adaptively to these demands. Support: Character Network staff, Special Education Consultants and/or Student Services staff are available to assist school staff in developing the Individual Education Plan, Behaviour Support Plan and Safe Intervention Plan. Again, every effort should be made to include the parent(s)/guardian(s) in the development of all plans.

PROCEDURES: 1.0 Responsibility

1.1 Principals will ensure that all staff are properly trained according to the System Workplace Violence Training Matrix.

1.2 Principals will ensure that the Caring and Safe School Modules (1-3) are reviewed on an

annual basis and that staff are aware of the resources contained in Module 4. This review must occur by September 30th each school year. Principals are to maintain a record of the training provided. The Modules are available at www.caringandsafeschools.hwdsb.on.ca

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1.3 Principals will ensure that BSPs and SIPs are reviewed at least annually. 1.4 Principals will complete the Site Workplace Violence Prevention Training Form and

submit it to the Superintendent of Leadership and Learning responsible for Special Services by September 30th of each school year, to enable system training to be scheduled as needed.

1.5 Staff trained in Non-Violent Crisis Intervention (NVCI) who are listed on a SIP will ensure

that their certification remains current. 1.6 HWDSB will provide appropriate training, according to the System Workplace Violence

Training Matrix and the submitted Site Workplace Violence Prevention Training Forms. 1.7 When required, system support staff will provide additional support with regard to

appropriate strategies to employ. 2.0 Behaviour Support Plan (BSP) Development and Implementation

2.1 When an incident has occurred, an unsafe behaviour has been identified or a student with a history of challenging behavior has been noted, the principal or vice-principal, in consultation with the appropriate staff, will review the situational demands or expectations the student had or is having difficulty meeting safely on an ongoing basis and initiate a referral for appropriate support services through one or more of the following teams- Character Networks, Special Education, Early Years, FASD, Social Work, Intensive Support (formerly the ASD).

2.2 A Behaviour Support Plan (BSP) is developed in collaboration with staff working directly

with and supporting the student. 2.3 Where an IEP exists, the BSP will reflect the alternative expectations in the student’s

Individual Education Plan (IEP). Where an IEP does not exist, the BSP will be created to reflect alternate expectations and skill building strategies.

2.4 The BSP will be reviewed after each reported workplace incident, as circumstances

change or at a minimum once per school year. 3.0 Safe Intervention Plan (SIP) Development and Implementation

3.1 When a violent incident has occurred or a student with a violent history has been noted, the principal or vice-principal, in consultation with the appropriate staff, will evaluate the workplace risk that the student’s behaviour poses. Appropriate actions, as indicated in the Student Workplace Violence Risk Assessment Matrix, shall be taken to protect the health and safety of staff and other students.

3.2 If indicated in the Risk Assessment Matrix as appropriate, a SIP will be developed by the

principal/vice principal in collaboration with staff working directly with and supporting the student.

3.3 A BSP, if not already in place, must also be developed in collaboration with staff working

with the student, as a proactive measure to reduce or eliminate the situational demands or expectations leading to the unsafe behaviour. The BSP shall be developed as per section 2.0.

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3.4 System support staff can be contacted to assist in the development of the SIP, BSP

and/or IEP if this is deemed appropriate. 3.5 Parent(s)/guardian(s) will be consulted in the development of the SIP. If the

parent(s)/guardian(s) do not support the SIP, then the onus is on the parent(s)/guardian(s) to present a mutually acceptable alternative plan. Should an agreement not be reached, the school may need to implement next steps (e.g., suspension, expulsion, police).

3.6 A copy of the SIP is to be placed in the documentation section of the student’s Ontario

Student Record (OSR). 3.7 Staff who work with the student on an ongoing daily basis are responsible for the

implementation of Stages 1 and 2 of the SIP in order to respond in proactive ways to prevent behaviour from escalating. Stages 1 and 2 are reviewed and refined as appropriate to ensure that all possible strategies to prevent escalation are employed appropriately and consistently, according to the SIP.

3.8 Challenging behaviour that is presenting as a potential safety risk is to be resolved by

using the least intrusive means possible before proceeding to any restraint. 3.9 Staff trained in NVCI will perform Stage 3 of the SIP only if all other primary de-escalation

strategies have been unsuccessful. 3.10 Staff who work with the student on an ongoing daily basis, including the staff involved in

Stage 3, will employ the techniques indicated in Stage 4 of the SIP. 3.11 Following any application of Stage 3 and 4 of the SIP, staff who work with the student

need to review the student’s IEP, BSP and SIP and adjust each plan as appropriate to proactively reduce the situational demands or expectations where it is known the student’s skills are currently inadequate to respond adaptively to these demands.

3.12 Staff shall document all incidents involving the application of Stage 3 of the SIP, using

the Safe Intervention Report Form. The Report Form is filed in the Documentation Section of the student’s OSR. The completion of a Violent Incident Report may also be required.

3.13 Any injury to staff and/or students during Stage 3 shall be recorded on the Safe

Intervention Report Form and on HWDSB’s Supervisor’s Incident Investigation Report. Any injury to a student must be reported on the Ontario School Boards’ Insurance Exchange (OISBE) form.

3.14 The SIP will be reviewed after each reported workplace incident, as circumstances

change or at a minimum once per school year.

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4.0 Safety Audit

4.1 As part of, or prior to, the development of a student’s SIP, school staff must conduct a classroom and school safety audit (including outdoor areas) to identify any potential hazards that may be present specific to the known behaviours. Classroom items that could present a potential risk for anyone should be identified and either removed or placed in more secure areas of the classroom (e.g., scissors, pencils, rulers, etc.). Precautionary procedures must be established when it is not practicable to remove the potential hazard.

4.2 When arranging the classroom to meet individual student needs, staff should ensure the

layout does not create a hazard for anyone. (I.e. clear means of egress, clear paths for quick movement). The following should be considered while conducting a safety audit:

Number of students and staffing ratio Physical abilities of students Student’s response to other student’s challenging behaviour Student’s medical/health conditions Intervention procedures established (e.g., BSP, SIP, School Response Team,

etc.) Calming space established to provide the student with voluntary opportunities for

self-regulation Equipment safely secured (e.g., computer hardware) Use of alternative learning materials (e.g., safety compass, scissors) Transitions to and from the classroom established and practiced Washroom access and supervision School arrival and departure procedures (transportation) Location of student with challenging behaviour within classroom Location of classroom within school (e.g., proximity to office, stairs, exits, etc.) Space around student with challenging behaviour Provision of enough space between desks to allow easy movement Two-way communication system- what is in place and where is it located (e.g.,

telephone in classroom, P.A. system, walkie talkies, etc.) 4.3 Given that every situation is unique, the above list is not exhaustive. Items specific to the

student and/or situation need to be considered as well. 5.0 Student Transition Process

5.1 When it is known that a student for whom a SIP has been developed is transferring from

one school/program to another, staff at the sending school/program will inform the appropriate staff at the receiving school/program that a SIP is in place. Staff at the receiving school/program will review and revise the SIP as necessary in order to operationalize the SIP within the new environment.

5.2 When a student for whom a SIP has not been previously developed is transferring from

one school/program to another as a result of a violent incident, staff at the sending school/program will develop a SIP based on the information that is known about the student’s behaviour and forward the SIP to the receiving school/program. Staff at the receiving school/program will review and revise the SIP as necessary in order to operationalize the SIP within the new environment prior to the student transitioning.

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5.3 When a student from another Board or community program is transferring to an HWDSB school, reasonable efforts should be taken to ascertain whether the student’s behaviour would necessitate the development of a BSP and/or SIP prior to the student transitioning.

6.0 Training

6.1 Staff training shall be arranged as per the System Workplace Violence Training Matrix and the submitted Site Workplace Violence Prevention Training Forms.

6.2 Staff will attend system-provided training, as appropriate. 6.3 System support staff can be contacted to provide additional support as necessary.

7.0 Communication

7.1 The principal/vice-principal will develop a process to inform all staff of the names and location of students with SIPs. Staff shall be informed as to the known situational demands or expectations the students has the most difficulty meeting.

7.2 The principal/vice-principal will develop a process to inform any supply or itinerant staff of

the names and location of students with SIPs. 7.3 Parent(s)/guardian(s) will be informed of any application of Stage 3 of the SIP.

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POLICY COMMITTEE

Title: Performance Appraisal


Last Reviewed: 2013


Scoping Report







Revoking a Policy

Recommended Action:

That the Performance Appraisal Policy be recommended for approval. Background: This policy was created in 2013 and this is the first time it is up for review. The Guiding Principles reflect language from the HR Pillar Policy. Reference to existing processes for Ministry mandated Performance Appraisal are included in the Intended Outcomes, Action Required and Progress Indicators. Staff are recommending no changes to the current policy as it is still reflective of Ministry requirements.

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Policy No. X.X Performance Appraisal Page 1


PURPOSE: Hamilton-Wentworth District School Board (HWDSB) believes that all students receive the benefit of an educational system staffed by competent and effective staff who have received the assistance of management in professional growth and identifying career goals. GUIDING PRINCIPLES:

Support all employees with carrying out their responsibilities in a cooperative and professional manner, working in compliance with HWDSB policy and procedures, the Education Act and other related legislation.

Recognize that an engaged and effective staff across the organization promotes

HWDSB’s vision of improved student achievement.

Value employees by respecting their concerns, responding to their needs, encouraging professional growth and recognizing their accomplishments.

Provide staff with employee and leadership development to strengthen employees’ skills, knowledge and competencies.

INTENDED OUTCOMES:

Performance management of all staff is conducted in accordance with one of the following Ministry mandated/HWDSB processes for their appropriate employee group:

a. Director’s Performance Appraisal (DPA) b. Employee Performance Appraisal (EPAS) c. Principal/Vice Principal Performance Appraisal (PPA) d. Supervisory Officer Performance Appraisal (SOPA) e. Teacher Performance Appraisal (TPA)

Employee professional learning, leadership development and performance management

processes promote continuous improvement and engagement for all employee groups.

RESPONSIBILITY: Director of Education Members of Executive Council

Policy No. X.X

Performance Appraisal

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Policy No. X.X Performance Appraisal Page 2

TERMINOLOGY: Professional Learning: A comprehensive, sustained, and intensive approach to improving employee effectiveness. Performance Management: An assessment of an employee to gauge progress toward predetermined goals. ACTION REQUIRED: The performance of employees is appraised based on the procedures and guidelines indicated within the performance appraisal system as legislated or mandated for each employee group at HWDSB. PROGRESS INDICATORS:

Intended Outcome Assessment Performance management of all staff is conducted in accordance with one of the following Ministry mandated/HWDSB processes for their appropriate employee group: o Director’s Performance Appraisal (DPA) o Employee Performance Appraisal (EPAS) o Principal/Vice Principal Performance

Appraisal (PPA) o Supervisory Officer Performance

Appraisal (SOPA) o Teacher Performance Appraisal (TPA)

Completion of performance appraisals in accordance with legislated guidelines and HWDSB appraisal processes, which will be reported to the Board of Trustees annually.

Employee professional learning, leadership development and performance management processes promote continuous improvement and engagement for all employee groups.

Growth/Development/Continuous Improvement Plans in place for employees who have completed performance appraisals, which will be reported to the Board of Trustees annually.

REFERENCES: Government Documents Education Act Education Act Regulations Ontario Leadership Framework HWDSB Strategic Directions Achievement Matters Engagement Matters Equity Matters HWDSB Policies Staff Development Accommodation of Staff

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POLICY COMMITTEE

Title: Professional Learning


Last Reviewed: 2013


Scoping Report







Revoking a Policy

Recommended Action:

That the Professional Learning Policy be recommended for approval. Background: This policy is up for its scheduled review. Minor changes have been made to the policy in terms of formatting.

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Policy No. X.X Professional Learning Page 1


PURPOSE: Hamilton-Wentworth District School Board (HWDSB) is committed to fostering an environment of continuous learning and improvement for all its employees through various supports and program that are aligned with the HWDSB’s strategic directions. GUIDING PRINCIPLES:

Deliver learning programs and supports that are driven by system initiatives, legislated regulations, school/department plans and emergent staff needs.

Promote a professional learning culture that is focused on the development of collective and distributed leadership that builds a culture of academic optimism - collective efficacy, trust and high expectations for staff and students.

Provide learning opportunities that foster co-learning, are accessible and meet the diverse learning needs of all employees.

Provide staff with employee and leadership development to strengthen employees’ skills, knowledge and competencies.

INTENDED OUTCOMES:

Employee professional learning promotes a climate of continuous improvement and engagement for all employee groups.

RESPONSIBILITY: Director of Education Members of Executive Council TERMINOLOGY: Professional Learning: A comprehensive, sustained, and intensive approach to improving employee effectiveness. Distributed Leadership: Leadership as a product of the interactions of leaders, their followers and their situation. Academic Optimism: is the belief that: one’s work can make a difference; the organization has the ability to achieve; and the organization has a culture of high expectations.

Policy No. X.X

Professional Learning

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Policy No. X.X Professional Learning Page 2

ACTION REQUIRED: Priorities for developing and delivering professional learning, will be determined by the directions and strategies identified within the Annual Operating Plan, through Ministry guidelines and other legislated requirements. PROGRESS INDICATORS:

Intended Outcome Assessment Employee professional learning promotes a climate of continuous improvement and engagement for all employee groups.

Professional learning for employees will be assessed through the employee survey, focusing on continuous improvement opportunities and staff engagement.

REFERENCES: Government Documents Education Act Regulations HWDSB Strategic Directions Achievement Matters Engagement Matters Equity Matters HWDSB Policies Accessibility Standards for Customer Service Occupational Health and Safety

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POLICY COMMITTEE

Title: Workplace Violence and Harassment Prevention


Last Reviewed: 2015 – Annual Review


Scoping Report







Revoking a Policy

Recommended Action:

That the Workplace Violence and Harassment Prevention Policy be recommended for approval. That the Harassment Policy be revoked. Background: HWDSB’s Central Joint Health and Safety Committee, as per section 32.0.1 (1) (c) of the Occupational Health and Safety Act, has reviewed the Workplace Violence and Harassment Policy. Staff has combined the Workplace Violence and the Harassment policies to create one policy. This was done as both policies are similar in nature. The Central Joint Health and Safety Committee recommends that the policy be approved. The two directives attached are still draft copies, as they are being updated to reflect the Sexual Violence and Harassment Action Plan Act, which received Royal Assent on March 8, 2016. It is expected the drafts will be reviewed at the Joint Health and Safety Committee at the end of April. The directives will be brought back to the Policy Committee in May as an information item.

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Policy No. X.X Workplace Violence and Harassment Prevention Page 1


PURPOSE: Hamilton-Wentworth District School Board (HWDSB) believes in the prevention of workplace violence and harassment while promoting a safe workplace in which all people respect one another and work together to achieve common goals. Any act of workplace violence or harassment is unacceptable conduct. Workplace violence and harassment in any form erodes the mutual trust and confidence that are essential to the well-being of our staff. GUIDING PRINCIPLES:

Establish and maintain discrimination free environments.

Applies to all work activities that occur while on Board premises, or while engaging in workplace activities or workplace social events.

Applies to all members of the Board community, including but not limited to, trustees,

students, employees, visitors such as parents and community members, volunteers, permit holders, contractors and employees of other organizations who work on or are invited onto Board property.

Meets the requirements of the Occupational Health and Safety Act. INTENDED OUTCOMES:

Reduction in the number of injuries/illness/damage incidents to employees, all other persons [such as students, trustees, visitors, contractors] and Board property due to workplace violence or harassment.

Raise awareness of all employees’ direct responsibility to ensure a violence and harassment free working and learning environment.

RESPONSIBILITY: Director of Education – annual review – per the Occupational Health and Safety Act, S.25 Members of Executive Council TERMINOLOGY: Workplace Violence: As per the Occupational Health and Safety Act, workplace violence is defined as:

Policy No. X.X

Workplace Violence and Harassment Prevention

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

b) An attempt to exercise physical force against a worker, in a workplace, that could cause physical injury to a worker.

c) 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 a worker.

Harassment: Unwelcome and offensive conduct or comment that is known or ought reasonably to be known to be unwelcome. It may be related to sex, race, colour, ethnic or place of origin, ancestry, citizenship, disability, age, religion or creed, sexual orientation, or marital or family status. Harassment on these grounds is a form of discrimination and is expressly prohibited under the Ontario Human Rights Code. ACTION REQUIRED:

Supervisors will ensure that the policy is implemented within their areas of supervision.

This policy shall be posted in all board workplaces.

Inform all employees of the Board, through education and prevention, to the fact that discrimination and harassment in the workplace is against the law.

The Central Joint Health and Safety Committee shall assist in the development, implementation and review of a Board-wide workplace violence prevention program in accordance with the Occupational Health and Safety Act and the Workplace Safety and Insurance Act.

PROGRESS INDICATORS:

Intended Outcome Assessment Reduction in the number of injuries/illness/damage incidents to employees, all other persons [such as students, trustees, visitors, contractors] and Board property due to workplace violence.

Annual audit of workplace violence and/or harassment incidents.

Raise awareness of all employees’ direct responsibility to ensure a violence free working and learning environment.

Annual employee survey, measuring the awareness level of employees’ responsibility to ensure a violence and harassment free working and learning environment.

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REFERENCES: Government Documents Occupational Health and Safety Act, Section 25 Education Act HWDSB Strategic Directions Achievement Matters Engagement Matters Equity Matters HWDSB Policies Occupational Health and Safety Employee Support Program Safe Schools Pillar Professional Learning Student Behaviour and Discipline Code of Conduct Respectful Working and Learning Environments: Conflict Prevention and Resolution Directive Secure Schools Protocol

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Workplace Violence Prevention Directive – Policy X.X Page 1


RATIONALE: Hamilton-Wentworth District School Board (HWDSB) believes in the prevention of workplace violence and promotes a violence-free workplace in which all people respect one another and work together to achieve common goals. All students, parents, teachers and staff members have the right to be safe, and to feel safe, in their school/facility community. With this right comes the responsibility to contribute to a positive school/facility climate. Prevention and early intervention are the keys to maintaining a positive school environment in which students can learn and teachers can teach. This Directive provides a framework for the various existing policies and processes related to workplace violence, to provide mitigation and prevention strategies to minimize workplace violence and to provide clear direction to employees regarding violent incidents or attempted violent incidents. This Directive applies to all employees of HWDSB. Given the nature of our facilities, the Directive also applies to students, parents, contractors and community groups that have arranged to use our facilities. TERMINOLOGY: Workplace Violence: There are three different types of workplace violence:

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

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

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

History of Violence: Can include, but not limited to:

fascination with incidents of workplace violence extreme interest in, or obsession with, weapons demonstration of violence towards inanimate objects evidence of prior violent behaviour

Workplace: Any location where any employee of HWDSB is carrying out any work-related function. Supervisor: a person who has charge of a workplace or authority over a worker (Occupational Health and Safety Act R.S.O. 1990, Chapter 0.1).

Workplace Violence Prevention Directive

Directive for Policy X.X Workplace Violence and Harassment Prevention

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PROCEDURES: 1.0 Responsibilities

1.1 Employer – HWDSB

1.1.1 HWDSB is responsible under the Occupational Health and Safety Act and other

applicable legislation to develop, implement and maintain a system wide Workplace Violence Prevention Program.

1.1.2 The Board will provide assistance and resources to fulfill this responsibility.

1.1.3 Assistance and resources include:

1.1.3.1 Providing information and instruction for principals/supervisors to understand

and fulfill their duties as legislated

1.1.3.2 Providing information and instruction to workers on the contents of the workplace violence policy and program

1.1.3.3 Providing information and instruction to workers on the contents of the

harassment policy and program 1.1.3.4 Providing support for staff through programs such as the Employee Assistance

Program 1.1.3.5 Providing support for students through Psychological Services and Social Work

Services 1.1.3.6 Providing a secure, healthy and safe physical environment for all through

Facilities Management practices 1.1.3.7 Taking all steps reasonable in the circumstance for the protection of workers 1.1.3.8 Preparing policies with respect to workplace violence and workplace harassment

and reviewing said policies annually 1.1.3.9 Assessing the risk of workplace violence and reporting the results of the

assessment to the Central Joint Health and Safety Committee 1.1.3.10 Taking every precaution reasonable when the employer is aware or ought

reasonably be aware that domestic violence that is likely to expose a worker to physical injury may occur in the workplace

1.1.3.11 Provide information, including personal information, related to a risk of

workplace violence from a person with a history of violent behaviour if,

a) The worker can be expected to encounter that person in the course of his or her work

b) The risk of workplace violence is likely to expose the worker to physical injury

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1.2 Principal’s/Supervisor’s Duties

1.2.1 Principals/Supervisors have responsibilities under the Occupational Health and Safety Act and Education Act.

1.2.2 Principals/Supervisors shall:

1.2.2.1 Take all reports of workplace violence seriously 1.2.2.2 Conduct risk assessments as required/directed 1.2.2.3 Review the Workplace Violence Prevention Program every fall with all staff 1.2.2.4 Investigate reports of workplace violence and implement prevention and

mitigation practices to prevent incident recurrence 1.2.2.5 Share the results of the investigation with the person who reported the

circumstances and others as is reasonable for the protection of all workers 1.2.2.6 Report incidents of workplace violence using the Violent Incident Form 1.2.2.7 Complete other reports as may be applicable such as the ‘Supervisors Incident

Investigation Report (SIIR) Form and the '‘Ontario School Board’s Insurance Exchange (OSBIE) Accident/Injury Report

1.2.2.8 Have developed and implemented a site specific Lock Down Procedure 1.2.2.9 Implement an appropriate response plan (first aid, victim support, etc.) to

support the victim(s) of violent incidents 1.2.2.10 Review response plans with staff on a yearly basis 1.2.2.11 Advise employees of available resources if they are subjected to, or become

aware of, situations involving workplace violence 1.2.2.12 Contact the Hamilton Regional Police Service when required by the

circumstances 1.2.2.13 Contact the Health and Safety office for all critical injuries 1.2.2.14 Respect employee confidentiality 1.2.2.15 Cooperate with investigating authorities 1.2.2.16 Ensure all visitors to the school/office follow appropriate sign in protocols 1.2.2.17 Adhere to established board policies and procedures for dealing with violent

incidents 1.2.2.18 Provide a copy of the completed Violent Incident form to the Executive

Superintendent of Student Achievement and School Operations, Manager of Social Work Services and the Health and Safety Officer as required.

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1.2.2.19 Escalate concerns to their manager/superintendent when resources or authority limit taking appropriate action

1.2.2.20 Take all steps reasonable in the circumstance for the protection of workers 1.2.2.21 Section 265 (1) (a) of the Education Act: It is the duty of a principal of a school,

in addition to the principal’s duties as a teacher to maintain proper order and discipline in the school.

1.2.2.22 Post the workplace violence and harassment policy on the Health and Safety

bulletin board 1.2.2.23 Post trespass notices and other information as directed by Supervisory Officials.

Ensure this information is sent to all staff as directed 1.2.2.24 Adhere to all other HWDSB Health and Safety Programs and Procedures 1.2.2.25 Provide information, including personal information, related to a risk of

workplace violence from a person with a history of violent behaviour if:

a) The worker can be expected to encounter that person in the course of his or her work; and

b) The risk of workplace violence is likely to expose the worker to physical injury

1.2.2.26 Notify the Superintendent of Human Resources, Senior Manager of Human

Resources and/or the Occupational Health and Safety Officer if he/she becomes aware that domestic violence that would likely expose a worker to physical injury may occur in the workplace

1.3 Staff Duties and Reporting

1.3.1 All staff have responsibilities under the Occupational Health and Safety Act and the

Education Act. Employees shall: 1.3.1.1 Report workplace violence and workplace violence concerns, including domestic

violence concerns likely to expose the worker and/or other workers to workplace violence to their principal/supervisor immediately

1.3.1.2 Report to the principal when they become aware that a pupil may have engaged

in any activity described in Section 306 (1) or 310 (1) of the Education Act as soon as is reasonably possible

Section 306 (1)

1) Uttering a threat to inflict serious bodily harm on another person 2) Possessing alcohol or illegal drugs 3) Being under the influence of alcohol 4) Swearing at a teacher or at another person in a position of authority 5) Committing an act of vandalism that causes extensive damage to school

property at the pupil’s school or to property located on the premises of the pupil’s school

6) Bullying

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7) Any other activity that is an activity for which a principal may suspend a pupil under the policy of the board. 2007, c. 14, s. 4.

Section 310 (1)

1) Possessing a weapon, including possessing a firearm 2) Using a weapon to cause or to threaten bodily harm to another person 3) Committing physical assault on another person that causes bodily harm

requiring treatment by a medical practitioner 4) Committing sexual assault 5) Trafficking in weapons or in illegal drugs 6) Committing robbery 7) Giving alcohol to a minor 8) Any other activity that, under a policy of a board, is an activity for which a

principal must suspend a pupil and, therefore in accordance with this Part, conduct an investigation to determine whether to recommend to the board that the pupil be expelled. 2007, c. 14, s. 4.

1.3.1.3 Notify their supervisor of any order of protection they have obtained 1.3.1.4 Review and be familiar with the Violence Prevention Program 1.3.1.5 Participate in learning programs as required 1.3.1.6 Cooperate with investigating authorities as required 1.3.1.7 Assis their principal/supervisor to complete the Violent Incident Report 1.3.1.8 Adhere to established board policies and procedures for dealing with violent

incidents 1.3.1.9 Complete office referral forms for students 1.3.1.10 Manage and implement strategies in the classroom to migrated incidences of

workplace violence 1.3.1.11 Participate in the workplace violence risk assessment process 1.3.1.12 Adhere to all other HWDSB Health and Safety Programs and Procedures 1.3.1.13 Section 264 (1) (e) of the Education Act: It is the duty of a teacher and a

temporary teacher to maintain, under the direction of the principal, proper order and discipline in the teacher’s classroom and while on duty in the school and on the school ground

1.3.1.14 Section 20 (h) of Regulation 289 made under the Education Act: In addition to

the duties assigned to the teacher under the Act and by the board, a teacher shall cooperate with the principal and other teachers to establish and maintain consistent disciplinary practices in the school.

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1.3.1.15 Section 300.4 of the Education Act: 1) If the Minister has established policies or guidelines under subsection 301 (5.6), an employee of a board who observes a pupil of a school of the board behaving in a way that is likely to have a negative impact on the school climate shall respond in accordance with those policies and guidelines and in accordance with any policies and guidelines established by the board under subsection 302 (3.3).

1.3.2 Recurring or persistent workplace violence that an employee reasonably believes is

not being address satisfactorily, or violence that is, or has been, engaged in by the employee’s supervisor must be brought to the attention of a senior manager.

1.3.3 No staff, at any time shall intervene in a violent circumstance. It is staff responsibility to report and monitor (as appropriate) situation as they arise. A violent circumstance requires a police response.

1.4 Health and Safety Department

1.4.1 Annually review and update the Violence Prevention Program in consultation with

the Central Joint Health and Safety Committee (CJHSC)

1.4.2 Review and update this program in accordance with new applicable legislation

1.4.3 Receive Violent Incident Forms and provide a summary of violent incidents to be reviewed at Central Joint Health and Safety Committee meetings in order to determine trends

2.0 Prevention and Mitigation

2.1 Awareness and Education

2.1.1 Principals/Supervisor must take the following measures to create awareness and education stakeholder to mitigate violent incidences at their school/facility.

2.1.1.1 Conduct an assembly for students at the beginning of each school year which

focuses on expected student behaviour/conduct (Ministry of Education Code of Conduct).

2.1.1.2 Discuss during a staff meeting at the beginning of each school year expected

staff behaviour/conduct and review policies, administrative memos, programs and procedures.

2.1.1.3 Discuss during a parent council meeting at the beginning of each school year

expected parent/visitor behaviour/conduct and review policies, administrative memos, programs and procedures.

2.1.1.4 Create awareness of and highlight behaviour expectations of students through

regular school communication to create a culture of zero tolerance. 2.1.1.5 Provide school information sessions utilizing the Hamilton Regional Police

Community Liaison Officer if violent incidents are occurring or concerns of student violence are being reported.

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2.2 Prevention and Mitigation measures

2.2.1 Board policies, administrative memos or procedures require Principals/Supervisors to implement/execute the following prevention and mitigation measures (this list is not exhaustive).

2.2.1.1 Conduct a safe schools survey when directed by Supervisory Official. Individual school survey results are to be utilized to implement administrative measures to prevent workplace violence, for example, providing increases student supervision in identified areas of concern. Aggregate survey data will be analyzed by the Safe Schools Steering Committee. Recommendations from this committee will be brought to Executive Council (all schools are required to conduct the safe school survey for grades 4-12 every other year).

2.2.1.2 Practice the site specific lockdown procedures twice per year. 2.2.1.3 Conduct a site specific risk assessment with respect to workplace violence and

share the results of the assessment with the Joint Health and Safety Committee.

2.2.2 This program requires that staff follow preventative measures aimed at reducing the risk of workplace violence. Such measures may include but are not limited to:

2.2.2.1 Completing the HWDSB Workplace Violence Prevention Learning Program as

reviewed by the Central Joint Health and Safety Committee 2.2.2.2 Complying with prescribed school workplace security measures such as visitor

sign-in and identification 2.2.2.3 Reporting all workplace violence to your Principal/Supervisor. Workplace

violence concerns should be documented on Hazard Concern Form SF-5. 2.2.2.4 Implementing strategies to reduce the potential for violent and aggressive

student behaviour.

2.2.3 Other Considerations

2.2.3.1 All teaching staff should review classroom layout and student placement to minimize the risk of workplace violence

2.2.3.2 Employees must report immediately any concerns with respect to physical plan

(building) items which may contribute to the risk of workplace violence. For example, outside doors not latching/closing properly, lightening outages, or holes in fencing.

2.2.3.3 Employee should regularly inspect their workplace and look for signs of violence

such as broken/vandalized windows or items.

2.3 Violent Incident Response

2.3.1 If an employee experiences a violent incident, they must immediately take the following actions in the order appropriate for the circumstance:

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2.3.1.1 Remove themselves to a safe place. An employee who is seriously threatened or put at personal risk by a student will ensure a “Duty of Care” to other student(s) in their charge.

2.3.1.2 Notify their supervisor immediately

2.3.1.3 Seek First Aid attention if required

2.3.1.4 Follow site specific lockdown procedure if required

2.3.1.5 Seek medical attention if required

2.3.1.6 Contact police if required

2.3.1.7 Actively participate and cooperate in/with the investigation

2.3.1.8 Assist with the completion of the Violent Incident Form

2.3.2 There is no single prescribed generic response to a violent incident. All employees must work collaboratively to provide a response suitable to the circumstances.

2.3.3 When a violent incident is reported, the supervisor shall take all appropriate action in

the circumstance to protect the employees’ health and safety. These actions may include:

2.3.3.1 Provide a safe place (within the school/facility) for employees subjected to

workplace violence

2.3.3.2 Ensure first aid is administered if required

2.3.3.3 Ensure an ambulance is called if required

2.3.3.4 Complete a Violent Incident Form and Supervisor Incident Investigation Form (SIIR) Note: Completion of a Violent Incident Form is mandatory for all reported incidents of workplace violence.

2.3.3.5 Contact police, if required.

2.3.3.6 Initiate site specific lockdown procedure if required

2.3.3.7 Provide an employee with information regarding the Board’s Employee Assistance Program

2.3.3.8 Conduct an Incident Investigation and share findings with the employee and In- School Joint Health and Safety committee

2.3.3.9 Report incident to their supervisor if authority limits taking appropriate action

2.3.3.10 apply Student Behaviour and Discipline policy (6.4) if required

2.3.3.11 Institute measures/controls and take actions to prevent recurrence

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2.3.3.12 Escalate to Senior Management if required

2.3.3.13 Forward copies of the Violent Incident Form to the Executive Superintendent of Student Achievement and School Operations, Manager of Social Work Services and the Health and Safety Officer as required The principal must keep the original copy on site for their records.

2.3.3.14 In the case of a critical injury, immediately report the incident to the Health and Safety Department to facilitate reporting to the Ministry of Labour.

2.3.4 All violent incidents must:

2.3.4.1 Be reported immediately to Supervisors

2.3.4.2 Have a Violent Incident Form completed (a copy must be forwarded to the

Health and Safety Department)

2.3.4.3 Be investigated by Supervisors

2.3.4.4 Have measures/controls instituted to prevent recurrence

2.4 Emergency Response Plan(s)

2.4.1 All parties – Employers, Principals/Supervisors and Staff must be prepared to respond to violent situations in progress. All schools/workplaces must have the following Emergency Response Plans:

2.4.1.1 Site specific lockdown procedure

2.4.1.2 Response plan for incidents involving students with safe intervention plans

2.4.1.3 First Aid/Medical emergency response plan

2.4.1.4 A site plan for summoning immediate assistance when workplace violence occurs. The site plan shall include measures for receiving emergency services personnel/equipment and measures for the safe management of staff and students during the emergency services response.

2.4.2 Emergency procedures as per the Emergency Response Binder must be followed in

the specific circumstances dictated in the manual.

2.5 Summoning Immediate Assistance

2.5.1 Employees requiring immediate assistance because of workplace violence or with immediate safety concerns due to workplace violence are advised to call the police (911) immediately. In the event that staff do not have access to a land line or cellular phone then the fire alarm can be pulled and this will activate the security system and emergency services will be dispatched. Employees can also contact the main office via the P.A. system. The main office will call the police immediately upon receiving a request for assistance due to workplace violence.

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2.6 Serious Incident Support

2.6.1 In the unlikely event of a serious incident of workplace violence, the Tragic Events Response Team will be deployed to the site. In addition, board employees are also supported by the Employee Assistance Program. Any services rendered either internally or externally are to be conducted with the strictest protocols of confidentiality.

3.0 Special Needs Students

3.1 Many of the incidents involving students with special needs are not intentional and the behaviour demonstrated in many cases is representative of their condition/diagnosis. All incidences with respect to special needs students shall follow the Procedural Manual for Managing Violent and Aggressive Student Behaviour. Special Needs students with behaviour(s) or activities that pose a threat to staff or other students will be dealt with according to the practices (Safe Intervention Plan), developed to deal with the student.

3.2 Identification and Prevention

3.2.1 A small number of students with special needs may also have

medical/neurological/developmental disabilities that can have behaviours that are symptomatic of their disability. These behaviours may create safety concerns within the school environment for other students and the staff who support the students. All of these students will have an Individual Education Plan (IEP), a safe Intervention Plan and a Classroom Safety Audit. The Principal will ensure that the Safe Intervention Plan, Classroom Safety Audit and Notification of Risk of Injury form are available to all staff working the identified students.

3.2.2 Refer to HWDSB’s Procedural Manual for Managing Violent and Aggressive Student Behaviour for detailed direction and procedures.

3.3 Training

3.3.1 Staff who support students with special needs may require specialized training to

deal effectively with these students. The Student Services departments, partnership with Staff Development, have and continue to offer courses reflective of the needs of staff who support students with special needs. These may include: Non Violent Crisis Intervention Behaviour Management Systems

3.3.2 All school staff shall receive instruction on the Manual for Managing Violent and Aggressive Student Behaviour as direct by the Superintendent of Leadership and Learning. This instruction shall occur at least once per school year.

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3.4 Response

3.4.1 When a violent incident occurs, the following staff will be involved with reviewing and altering the Safe Intervention Plan and Classroom Safety Audit: Special Education and regular class teachers, EA’s school administrators and other special education staff (ex, Special Education Facilitator, Psychological Services, Social Workers, and Speech and Language). While the review process is occurring, appropriate arrangements will be made for the student in order to ensure the safety of staff and other students. The post incident response guideline shall be conducted as per the Procedural Manual for Managing Violent and Aggressive Student Behaviour.

3.5 Personal Protective Equipment

3.5.1 Although personal protective equipment is always utilized as the last resource to

protect staff who support students with special needs, in some situations Safe Intervention Plans may mandate the use personal protective equipment. All personal protective equipment will be supplied to the school by the Superintendent of Leadership and Learning. Staff that are provided with personal protective equipment shall wear the equipment as prescribed in the Safe Intervention Plan. This shall be supervised and monitored by the Principal/Supervisor. The determination of whether or not to utilize the personal protective equipment will be made by Special Education Staff in concert with staff working directly with the student.

3.6 Reporting

3.6.1 Although a few students with special needs may exert physical force that causes, or

may cause, physical injury to a worker, the behaviour may be symptomatic and may not be intentional.

3.6.2 The Violent Incident Form is used for Special Education Students so that incidents can be tracked, analyzed and investigated. The Health and Safety Officer shall review these incidents with the Superintendent of Leadership and Learning on a regular basis. The Superintendent of Leadership and Learning shall work proactively with the Health and Safety office and the Central Joint Health and Safety Committee to develop/review appropriate policies and procedures to reduce the number of violent incidents amongst this population of students.

3.6.3 For all reporting and record keeping requirements, refer to HWDSB’s Procedural Manual for Managing Violent and Aggressive Student Behaviour.

4.0 Risk Assessment

4.1 The board will assess the risks of workplace violence that may arise from the nature of the workplace, the type of work or the conditions of work. This risk assessment shall take into consideration: The circumstances that would be common to similar workplaces; The circumstances specific to the workplace; and Any other prescribed elements.

4.2 The risk assessment and risk assessment results will be provided to the Central Joint Health and Safety Committee in writing. Site assessments will be provided to school/site based Joint Health and Safety Committee.

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4.3 Reassessment

4.3.1 HWDSB will reassess the risks of workplace violence as often as is necessary to ensure that the workplace violence policy and the workplace violence prevention program continue to protect workers from workplace violence.

5.0 Work Refusal

5.1 A worker may refuse to work or do particular work where he or she has reason to believe that workplace violence is likely to endanger himself or herself.

5.2 For details information on the work refusal process, please refer to the Administrative Memo Occupational Health and Safety – 1 (Hazard Reporting) section 4.5.

6.0 Communication

6.1 Communication of the Violence Prevention Program to all employees is the responsibility of department managers and school administrators and will be accomplished through document review, orientation, training and other effective means.

6.2 The Ontario Student Code of Conduct will be communicated to pupils by the Principal. The code of conduct for external contractors working for HWDSB will be communicated by Facilities Management via the contractor policies and procedures manual.

7.0 Information and Instruction

7.1 Upon hiring, and annually thereafter, staff will receive information and instruction from their supervisor on the contents of the workplace violence policy and this program. Information and Instruction will include, but not be limited to, how the board will deal with workplace violence (reporting and investigation) and the type of conduct which is expected from employees, visitors and students.

8.0 Evaluation

8.1 The Health and Safety Department will review the Violence Prevention Program with the Central Joint Health and Safety Committee on an annual basis. Recommendations will be developed and implemented to ensure continuous improvement.

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Respectful Working and Learning Environments Directive – Policy X.X Page 1


RATIONALE: Hamilton-Wentworth District School Board (HWDSB) is committed to providing a working and learning environment free from objectionable behaviour where all individuals are treated with respect and dignity. HWDSB holds high expectations for the conduct of its employees, its students and any others associated with the school community. Where allegations relate to harassment or discrimination on the basis of a ground prohibited by the Ontario Human Rights Code, they shall be addressed using the Board’s Harassment Policy. This Directive is intended to provide greater awareness of the value of establishing and maintaining respectful working and learning environments and of responsiveness to the damaging effects of objectionable behaviour. Procedures have been developed to ensure that disputes attributed to objectionable behaviour are dealt with expeditiously. In most cases, these disputes will be resolved using the informal mechanisms herein. TERMINOLOGY: Bad Faith: Insincerity, especially as evidenced by actions that do not accord with somebody’s stated intentions. Balance of Probabilities: Balance of probabilities also known as the preponderance of the evidence, is the standard required in most civil cases. The standard is met if the proposition is more likely to be true than not true. Effectively, the standard is satisfied if there is greater than 50 percent chance that the proposition is true. Bullying: The process of intimidating or mistreating somebody weaker or in a more vulnerable situation. Conflict: An active disagreement between people with opposing opinions or principles. Complainant: A person who makes a formal complaint. Frivolous: Describes an activity or object which is silly or unimportant rather than useful or serious. Harassment: Behaviour that annoys or upsets someone. Engaging in a course of vexatious comment or conduct that is known or ought reasonably to be known to be unwelcome. Intimidate: To frighten or threaten someone, usually in order to persuade them to do something that you want them to do.

Respectful Working and Learning

Environments Directive Directive for Policy X.X Workplace Violence and Harassment Prevention

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Libel: A piece of writing which contains bad and false things about a person. Mediation: Intervene to resolve conflict – to work with both sides in a dispute in an attempt to help them to reach an agreement. Achieve agreement – to achieve a solution, settlement, or agreement by working with both sides in a dispute. Objectionable Behaviour: Objectionable behaviour is a course of conduct or communication in any form of attitudes, beliefs or actions directed at a specific individual which is known or ought reasonably be known to be unwelcome, serves no legitimate work and/or academic purpose and renders the working or learning environment intolerable for that individual. Objectionable behaviour occurs when an individual is singled out for serious mistreatment, which may include threats, intimidation, bullying, isolation, harassment, verbal assault, taunting, ostracizing, violent gestures, slander or libel. Such behaviour will not be tolerated at any board location or at any time during which one is fulfilling his/her working or learning responsibilities. Respondent: A person who answers a request for information. The person against whom a petition is made. Slander: A false spoken statement (accusation, allegation or comment), about someone which damages their reputation, or the making of such a statement. Supervisor/Manager: A person whose job is to supervise someone or something. Somebody who is responsible for directing and controlling the work and staff of a business, or of a department within it. Threshold Assessment: Level, point, or value above which something is true or will take place and below which it is not or will not. Taunting: To intentionally annoy and upset someone by making unkind remarks to them, laughing at them, etc. The act of taunting usually follows linear thought, correlating or building in some manner to the target of taunting. Things such as the victim’s appearance, intelligence, mannerisms, education, background, past offenses, etc. can otherwise be insulted. Vexatious: causing trouble – provoking irritation or anxiety by causing trouble. Brought with intention of annoying – describes legal proceedings put forward on insufficient grounds and with the intention of causing annoyance to the defendant. Working and Learning Environment: The working and learning environment is any place where employees, students, their parents/guardians, volunteers, trustees, visitors, contractors as well as any other third party engaged in any school-related activities, such as extracurricular activities and excursions, comprise this environment, as do Board offices and facilities. Conferences and training sessions fall within the ambit of this directive. APPLICABILITY: 1.0 Guiding Principles

1.1 All members of the school community shall: Treat one another with dignity, respect and civility, sensitivity and courtesy,

especially when there is disagreement; Respect differences in people, their ideas, opinions and rights;

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Show proper care and regard for Board property and for the property of others; Demonstrate honesty and integrity; and Use non-violent means to resolve conflict.

1.2 Conflicts will be resolved quickly and fairly 1.3 This policy is aligned with other Board Policies/Directives, Legislation, and Collective

Agreements 2.0 To Whom Does This Policy Directive Apply

2.1 The policy directive on Respectful Working and Learning Environment: Conflict Prevention and Resolution applies to all Board employees, trustees, students, teacher candidates, and others such as members of consultative committees, clients of the Board, parents/guardians, volunteers, permit holders, contractors, visitors and employees of other organization not related to the Board, but who nevertheless work on Board related activities or are invited onto Board premises.

3.0 Duties and Responsibilities

3.1 The Board shall ensure all employees and contractors receive a copy of this policy directive and ensure that it will receive profile at new employee orientations and at parent meetings.

3.2 Supervisory and managerial personnel, including school administrators and field

supervisors, must ensure all individuals within their setting clearly understand expectations and standards for individual behaviour. This includes an understanding of the prevention of and the response to objectionable behaviour, both informal and formal methods of problem solving and conflict resolution.

4.0 Who May Initiate a Complaint

4.1 All those individuals who are included under the section To Whom Does This Policy Directive Apply have access to the complaint procedures. Individuals who believe that they have been subjected to objectionable behaviour may report the objectionable behaviour. Group complaints are not permitted (i.e. individuals must submit separate complaints). In addition, those who have witnessed objectionable behaviour directly, or have reasonable grounds to suspect that objectionable behaviour is occurring, may initiate a report to a principal or supervisor. Anonymous reports will not be accepted for dispute resolution under these procedures.

5.0 Supervisory and Managerial Responsibilities

5.1 Supervisory and managerial personnel may become aware of objectionable behaviour in the working or learning environment in different ways. They may observe objectionable behaviour directly, receive reports from third parties or receive a report from the individual affected. This directive encourages all those who are covered by the policy directive to report immediately alleged occurrences of objectionable behaviour.

5.2 Supervisory and managerial personnel are responsible for being knowledgeable of this

policy directive, assisting those with process questions and, where applicable, conduct

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investigations in accordance with the policy directive or participate and support resolution strategies.

5.3 Supervisory and managerial personnel who are contacted shall follow the procedures set

out here-in. 5.4 Supervisory and managerial personnel are to advise the Superintendent of Human

Resources of all formal complaints filed to undergo a threshold assessment, and to forward to the attention of the Superintendent of Human Resources all incident notes and agreements per the Informal Resolution Process.

6.0 Reporting Complaints

6.1 All those who are covered by this policy directive have a right to report objectionable behaviour and are entitled to have access to the dispute resolution processes. The first step is to inform the individual that his/her behaviour is unwelcome and must stop immediately*.

6.2 Every attempt shall be made to resolve conflicts through an informal resolution process.

Informal resolution is a mandatory procedure that provides an opportunity for parties to resolve a dispute in a mutually respectful manner. Many disputes can be resolved quickly and effectively using this approach. The Board encourages supervisors, as well as union/federation representatives, to resort to Informal Resolution as a means of resolving issues. This can prevent escalation of the situation and further negative consequences while promoting the restoration of a healthy working and learning environment.

6.3 Complaints not resolved through Informal Resolution and that meet the definition of

Objectionable Behaviour may proceed to the Formal Process. 6.4 In order to stop conflicts/objectionable behaviour, supervisory and managerial personnel

must address and attempt to resolve disputes in a timely fashion. 6.5 In instances where one is fearful of his/her personal safety, such situations should be

reported to the school principal/supervisor and the police.

Where applicable, individuals may also need to comply with reporting procedures per their professional standards/codes.

7.0 Assistance for Complainants, Respondents and Witnesses

7.1 Prior to initiating any complaint and throughout the complaint process, complainants have a right to assistance and support. Individuals who are named as respondents in a complaint, as well as witness, also have a right to assistance and support throughout the complaint process. The following people may provide support

Parent/Guardian/Caregiver Trained Resource Person Professional Support Staff Union/Federation/Association

Representative Employee or Colleague Translator/Interpreter (if necessary) Principal/Vice-Principal/Supervisor

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PROCEDURES: 8.0 General

8.1 In accordance with the policy directive, these procedures provide a mechanism for dealing with complaints of objectionable behaviour occurring in the working and learning environment. Nothing in these procedures denies or limits access to other avenues of redress available under the law (e.g. or Safe Schools legislation and Professional Codes of Conduct), through the filing of a grievance or through progressive discipline. In the event other avenues are pursued, this process shall be reviewed by the Superintendent of Human Resources, determine whether a formal investigation will proceed or whether the complaint should proceed under another process. Multiple processes may or may not be permitted to proceed concurrently, although informal dispute resolution attempts shall be permitted at any time with the agreement of the Board and the parties.

8.2 Students should contact their Vice-Principal, Principal, or where appropriate, their

Superintendent for clarification on the process to be followed. 9.0 Timelines for Initiating a Complaint

9.1 All reports should be filed as quickly as possible, but no later than within 30 calendar days of the most recent instance of alleged objectionable behaviour. Formal complaints filed outside this time frame may be considered by consulting the Superintendent of Human Resources.

10.0 Confidentiality

10.1 Confidentiality is beneficial to everyone involved in the complaint process. To protect the interests of all parties involved, confidentiality is maintained throughout the complaint process to the extent possible, under the circumstance, subject to all relevant legal considerations.

10.2 It is the duty of all persons to maintain confidentiality in the complaint process. All

complainants, respondents and other persons involved with the complaint processes under these procedures should ensure that all matters remain confidential. Witnesses should be informed that supervisory and managerial personnel, in obtaining a statement, will maintain such statement in confidence, subject to their ability to conduct a full and thorough investigation.

10.3 Confidentiality does not mean anonymity. Procedural fairness requires that the respondent to a complaint, as early as possible, be apprised of the nature of the complaint process and by whom it has been made so that they have an opportunity to respond to the allegations. This may require the disclosure of witness names and statement to the parties.

10.4 A complainant has the right to withdraw a complaint at any stage defined in these

procedures. At the same time, HWDSB may be required to continue to act on the issues identified in the complaint in order to comply with its legal obligations and to address its concerns regarding systemic issues. When the Board determines the the safety of an individual or the community is at risk, it will act to the best of its ability to address this

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situation. This may mean that the procedures outlined in this policy, including confidentiality, will be set aside.

10.5 The Board may be required to provide information obtained during an investigation to an

outside agency that has the right to require information otherwise protected by the Municipal Freedom of Information and Protection of Privacy Act.

10.6 Where there exists a clear serious and immediate threat to the safety of an individual or

the community, the Board staff should warn the individual and report the issue to the police.

PROBLEM RESOLUTION: 11.0 Informal Resolution (Mandatory for all conflicts)

11.1 Individuals often have different viewpoints which may lead to conflict. In most cases this conflict can be resolved informally. If you have a conflict with another individual, often the most effective resolution method is to approach the individual and discuss the matter privately. Clearly describe to the individual the behaviour which is causing the conflict and ask that the behaviour cease and obtain a commitment that the behaviour will stop. Each party must engage in active listening to resolve any issues. In most cases, this will resolve the conflict if each party is able to articulate the position of the other. In situations where and individual may feel unsafe or uncomfortable in meeting privately they should discuss alternatives with a Principal/Supervisor.

11.2 There are some instances in which the two parties involved have been unable to resolve

an issue. In this instance, one or both parties may ask an immediate supervisory to help resolve the outstanding issue. If the immediate supervisor is involved in the issue, the request may be made of a supervisor one level up. The supervisor may, either personally or through a third party, use a variety of alternative dispute resolution techniques to resolve the issue. The goal is to identify practical solutions which will allow the parties to continue to co-exist in a positive and productive atmosphere. The parties may agree upon a confirmed resolution in writing signed by both parties involved. Written copies of this agreement will be kept in confidential ‘Objectionable Behaviour’ files in Human Resources under the direction of the Superintendent of Human Resources. The majority of issues should be resolved at this level.

12.0 Informal Resolution Follow-Up

12.1 In cases where an informal plan of action is implemented, supervisory and managerial personnel shall follow up by monitoring the situation, holding, if necessary, subsequent meetings with the parties and taking further steps to ensure that the behaviour (or conflict) has stopped.

12.2 Where disputes are resolved informally, there will be no formal reports made about the

dispute and nothing shall be recorded in any employee’s personnel file. Every effort will be made to protect the privacy of individuals.

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13.0 Formal Complaint Procedures (for conduct that meets definition of Objectionable

Behaviour)

13.1 All formal complaints must be in written form and submitted with signature. Appendix B is provided to guide this process and must be completed to initiate the formal complaint process. If the supervisor is the party alleged to be responsible for the objectionable behaviour or alleged to condone the objectionable behaviour, the complaint should be reported to the next supervisory level above the supervisor. The Superintendent of Human Resources shall have the discretion to refer a formal complaint to the parties to resolve the dispute informally.

13.2 Other complainants should report the complaint to the appropriate Principal/supervisory

and managerial personnel at the Board. If it is not clear who this would be the complainant should consult with the Superintendent of Human Resources for assistance.

14.0 Respondents to a Complaint

14.1 Individuals who are named as respondents in a complaint have a right to know in a timely manner that they are the subject of a complaint, who the complainant is, what the allegations are and what approach to a resolution is being considered. In particular, a respondent has a right to know the specifics of an allegation, including times, dates and alleged conduct. Respondents will be given a copy of the complaint and given time to prepare a full and complete response to the allegations.

15.0 Threshold Assessment

15.1 All formal reports filed under this policy directive shall be subject to an immediate threshold assessment by the supervisor and Superintendent of Human Resources to determine whether the alleged conduct would, if proven, meet the definition of objectionable behaviour.

15.2 If following this threshold assessment, it is determined that the report filed

Would not, if true, meet the definition of objectionable behaviour; or Does not provide sufficient details of the alleged objectionable behaviour,

provided the complainant is given notice that insufficient details have been provided and given reasonable time to provide sufficient details; or

Is vexatious, frivolous, has not been made in good faith or would, if investigated, constitute and abuse of the policy directive.

The complainant and respondent shall be so advised in writing by the Superintendent of Human Resources and no further action shall be taken under this policy directive under the Formal Complaint Procedures. The parties may be referred to resolve the matter using the Informal Resolution process.

15.3 Where allegations relate to harassment or discrimination on the basis of a ground

prohibited by the Ontario Human Rights Code, they shall be addressed using the Board’s Harassment Policy.

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16.0 Procedures for Resolving a Formal Complaint

16.1 In all cases, where the Superintendent of Human Resources has determined that the parties have made reasonable efforts to resolve the dispute informally, and has conducted a threshold assessment to determine that a formal complaint should proceed, the Superintendent of Human Resources shall direct the appropriate supervisory and managerial personnel to take action to resolve he formal complaint under this policy.

17.0 Formal Investigation and Resolution

17.1 Formal complaints require an investigation of the complainant’s allegations. Investigators will most often be the supervisory staff of the complainant and/or respondent unless such person(s) actively participated in the unsuccessful informal resolution process, in which case, and independent investigator can be appointed. Independent investigators, where required will be appointed by the Superintendent of Human Resources. Where the complainant and the respondent have different reporting structures, supervisory and managerial personnel involved will determine who the appropriate person is to take responsibility for the investigation.

17.2 In a formal investigation, supervisory or managerial personnel who conduct the

investigation shall ensure that the following steps are taken as soon as possible:

1. Take appropriate measure, if necessary, pending the completion of the investigation;

2. Notify the complainant(s), the respondent(s) and witness(es) that they are entitled to support and assistance throughout the process;

3. Ensure that the respondent(s) is/are informed of the allegations, have a copy of the complaint and are provided an opportunity for a written response;

4. Interview the complainant(s) and/or the third party reporting the complaint; respondent(s) and witness(es);

5. Come to conclusions about whether a specific incident did or did not occur; 6. Provide a written summary of the findings and conclusions to the complainant and

to the respondent and give them an opportunity to respond to same; and 7. Take appropriate action(s) to resolve the situation.

17.3 If the respondent declines to participate in the formal investigative process, the

investigation shall proceed. The respondent should be encouraged to participate in the interest of a balanced and fair process.

18.0 Standard of Proof

18.1 The standard of proof to be applied is the balance of probabilities. 19.0 Outcomes in Formal Investigations

19.1 In the event a complaint is not substantiated, no further action will be taken, subject to

the section on maintaining records. In cases where the complaint is found to be vexatious, frivolous, made in bad faith or would if investigated, constitute an abuse of the policy directive, the complainant may be subject to disciplinary action. However, if there is a need to restore a positive learning or working environment or if the complainant

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and/or respondent require counseling, appropriate steps shall be taken to meet such needs.

19.2 Follow-up possibilities include:

Counseling for the parties Application of strategies to restore a positive learning/working environment Mediation Specific training for the complainant or respondent Workshops for the staff and/or others in the school/workplace regarding their

rights and responsibilities (see Appendix A) Permanent separation of respondent and complainant from each other Letter of direction Contract negated Access restrictions Restorative measures

20.0 Disciplinary Actions

Employee Respondents 20.1 The appropriate supervisor or manager may impose discipline as appropriate and

consistent with the circumstances. 20.2 The principles of progressive discipline will be applied in dealing with disciplinary actions

under this policy. These would include the following possibilities: Verbal warning Written reprimand Suspension without pay Dismissal from employment with the Board

Other Respondents 20.3 Actions must be determined as appropriate for the individual situation and may include

such responses as a letter of disapproval and warning, a revoking of permits or contracts, and issuing of a trespass warning, or other remedies as provided by the common law and/or the appropriate legislation. The involvement of the appropriate Superintendent is required in these cases.

21.0 Mediated Resolution

21.1 Mediation involves an unbiased third party acting as a facilitator in direct communication between the parties who voluntarily agree to enter into this process. It is an opportunity to resolve disputes in a respectful manner. It provides the opportunity to generate a variety of options for resolution and contributes to restoring the working relationship between the parties.

21.2 Where there is already a formal complaint being investigated under these procedures, at

any time during the investigation, the parties may agree to hold the investigation in abeyance and attempt to achieve a mediated resolution.

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21.3 Meetings required for mediation sessions shall be scheduled as soon as possible and, where practical, in a time and place convenient for the complainant, the respondent and the mediator.

21.4 When matters are resolved through mediation, the complainant and the respondent will

sign a memorandum of agreement outlining the terms to which they have agreed. Supervisory and managerial personnel shall monitor that the terms the parties have agreed to have been met.

21.5 Mediation is voluntary and the complainant or the respondent may choose to withdraw at

any time. 22.0 Review (Appeal) Process

22.1 Within two calendar weeks of having received the investigator’s final written report, the complainant or respondent may request, in writing, to the Superintendent of Human Resources for a review of the Investigator’s conclusions and/or report for one or both of the following reasons:

The investigator did not comply with the policy directive and procedures; or New evidence has arisen that was not known to the parties or the Investigator

prior to the writing of the report.

22.2 No review of the final decision will be undertaken with regard to the claim that the conclusions drawn by the investigator(s) based on findings of fact were incorrect.

22.3 The Superintendent of Human Resources shall direct a Supervisory Officer to undertake

the review and the Supervisory Officer shall report the results of the review, in writing, to the Superintendent of Human Resources. The Supervisory Officer shall make every effort to complete this review and render his/her report within three calendar weeks.

22.4 The Superintendent of Human Resources may affirm or amend the final report, or require

that a new investigation be undertaken. 23.0 Records

23.1 All correspondence and other documents generated under these procedures must, subject to the Municipal Freedom of Information and Protection of Privacy Act, be marked “Private and Confidential” and be stored in a locked and secure file in the Human Resources Department. Records will be retained per legislated requirements.

24.0 Misuse of the Complaint Procedures

24.1 At any time the process may be discontinued if there is a determination that a complaint has been filed in bad faith, is vexatious, frivolous or found to constitute an abuse of the policy directive. The Superintendent of Human Resources, with the appropriate Superintendent, may impose discipline on the complainant as appropriate in the circumstances, up to and including, termination of employment or contract of service. Individuals must be aware that their complaints may lead to legal action against them by any of the people involved, if their complaints are defamatory or have been made with malicious intent or in bad faith. Students who file malicious or bad faith complaints may also be subject to disciplinary action, depending on the circumstances.

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25.0 Reprisals

25.1 The Board will take appropriate action against any student, parent, teacher, administrator or other Board personnel who retaliates against any person who reports an incident or any person who testifies, assists or participates in a proceeding, investigation or hearing relating to such misconduct. Retaliation includes but is not limited to any form of intimidation, reprisal or harassment. Alleged reprisals shall be investigated under this policy directive and, where proven, may result in discipline as appropriate in the circumstances, up to and including termination of employment or contract of service.

26.0 Superintendent of Human Resources

26.1 In the event the Superintendent of Human Resources is a direct party to a complaint (complainant or respondent), the Director of Education shall assign a designate to fulfill the role of the Superintendent of Human Resources within the policy directive.

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HUMAN RESOURCES COMMITTEE - Hamilton-Wentworth District ... · HUMAN RESOURCES COMMITTEE April 19,...

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