Firebird’s Harassment Policy, Procedures & Sanctions
Firebird Community Cycle (Firebird) is committed to providing a work environment that is free of harassment and supportive of the self-esteem and dignity of every person within Firebird.
Firebird’s intent is to ensure there is a climate of understanding, cooperation and mutual respect. To be successful in this objective, it is incumbent upon all members of Firebird not to condone or tolerate behaviour that constitutes harassment.
Firebird will provide for a fair and prompt investigation of any complaint or concern without fear of reprisal, as long as the complaint is not found to be frivolous or vexatious.
This policy applies to complaints of harassment that involve employees, directors or volunteers of Firebird.
This policy covers complaints of harassment and sexual harassment in the workplace, as defined below.
As Firebird employs minors in paid and volunteer roles, express reference is made to the fact that this policy will also apply to minors. A minor or a minor’s parent or guardian may file a complaint(s) in accordance with this policy. In such an event, the complaint shall be reported to a Director, who in consultation with legal counsel will review the necessity for reporting the complaint to the child welfare authorities or police of the jurisdiction within which the complaint arises.
Harassment comprises any unwelcome or objectionable, physical, visual or verbal conduct, comment or display, whether intended or unintended, that is insulting, humiliating or degrading to another person, or creates an intimidating, hostile or offensive environment and/or is on the basis of race, ethnicity, language, financial ability, religion, gender or sexual orientation, disability or age, or any other kind of discrimination which is prohibited by provincial legislation:
made by an employee, volunteer, client or supplier of Firebird;
Directed at and offensive to any other employee, volunteer, client or supplier of Firebird, or any other individual or group that the person knew or reasonably ought to have known would be offensive (e.g., unintended).
Examples of harassment include, but are not limited to:
Threats made or perceived, that are malicious, vexatious or based on any of the prohibited grounds under Human Rights legislation
Derogatory written or verbal communication or gestures (e.g. name-calling, slurs, taunting pictures or posters, bullying, graffiti), that are malicious, vexatious or that relate to any of the prohibited grounds under Human Rights legislation
Application of stereotypes or generalizations based on any of the prohibited grounds under the legislation
Sexual harassment means any unwelcome conduct, comment, gesture or contact of a sexual nature, whether on a one-time basis or in a continuous series of incidents that:
Might reasonably be expected to cause offence, embarrassment or humiliation
Might reasonably be expected to be perceived as placing a condition of a sexual nature on employment, services, or on any opportunity for training or advancement.
Examples of sexual harassment include, but are not limited to:
Remarks, jokes, innuendoes or other comments regarding someone’s body, appearance, physical or sexual characteristics or clothing
Displaying of sexually offensive or derogatory pictures, cartoons or other material
Persistent unwelcome or uninvited invitations or requests
Unwelcome questions or sharing of information regarding a person’s sexuality, sexual activity or sexual orientation
Conduct or comments intended to create, or having the effect of, creating an intimidating, hostile or offensive environment
Bullying is an offensive, cruel, intimidating, insulting or humiliating behaviour which includes physical violence or the threat of physical violence. It can be physical or verbal, direct or indirect such as gossip. Bullying is considered harassment in general, unless there is physical contact or a threat of violence, where it is considered violence. Bullying is ill treatment which is not addressed under human rights legislation or criminal codes.
For the purposes of this policy, workplace includes any location in which employees and/or volunteers are engaged in Firebird business activities necessary to perform their assignments.
This includes, but is not limited to, Firebird buildings (bike shop or other building), employee/ volunteer parking lots, employee/volunteer organized social events, field locations (including school property), clients’ homes, and during business related travel.
Abuse of power
Abuse of power happens whenever a Firebird staff/volunteer abuses or misuses his/her power and discretion for personal benefit, or in benefit of another person.
Abuse of power, for the purposes of this policy, includes situations involving a minor, situations that involve a reporting relationship, or any situation that includes an accusation from a client against an employee or volunteer who is providing a service upon which the client depends. Incidents that involved an abuse of power are considered by Firebird as being, generally, of a more serious nature than peer-to-peer situations.
A mediator is an impartial, neutral party, without decision-making powers, whom both parties accept. The mediator may be the applicable HR representative, or other internal or external party. The goal of mediation is to assist both parties to reach a mutually beneficial agreement.
The investigator is utilized where mediation is not appropriate or fails. An investigator must be a well-trained individual who is able to conduct a formal process with clear documentation. An investigator will not have a reporting line or personal relationship/connection with either the complainant or alleged harasser.
Prevention is always the first line of defense against occurrences of harassment. All employees and volunteers are reminded of their obligation to follow Firebird’s Code of Conduct, and to adhere to policies and procedures aimed at ensuring a positive work environment and the highest level of care for clients. Beyond this, there is a duty upon all to prevent harassment by discouraging inappropriate activities and by reporting incidents, as per this policy.
Everyone has the right to:
An environment that is free from harassment
File a complaint when the environment is not free from harassment
Be informed of complaints made against them
Obtain an investigation of the complaint without fear of embarrassment or reprisal
Have a fair hearing
Be kept informed throughout the process and of remedial action taken
A fair appeal process for both the respondent and complainant
Confidentiality to the degree possible under the circumstances
Representation by a third party
The people in an organization have the responsibility to ensure the safety and health of all those who come in contact with Firebird, whether that contact is as clients, volunteers, employees, partners or suppliers.
Organizations are obligated legally to take all complaints seriously by:
Using due diligence, which is the obligation to take reasonable measures to provide appropriate service
Being very familiar with the harassment policy and following it closely
Following the process without bias
Documenting all information from the first disclosure to the final resolution
Recording only relevant facts – no feelings
Signing and dating all documents
Using common sense
Employees’ and Volunteers’ responsibilities:
All employees and volunteers are responsible for contributing to a positive work environment and for identifying and discouraging comments or activities that are contrary to this policy. This includes advising people or the alleged harasser that his/her behaviour is unwelcome.
Where a situation occurs, or where an employee or volunteer believes a situation has occurred, he/she is obligated to report it to their supervisor/ manager. If a situation occurs which involves their supervisor/manager, or if their supervisor/manager does not intervene appropriately, the employee/ volunteer may report the situation to one of the Firebird Directors.
Supervisors and managers responsibilities:
Supervisors and manager are expected to eliminate any aspects of the work environment that are not in keeping with this policy, whether or not a complaint has been made. Supervisors and managers are obligated to implement this policy, under the direction of the Firebird Board of Directors.
A Firebird Director or Executive Director, will:
Advise parties of the process and legal parameters
Facilitate communication between parties with a view to resolving conflict
Coach parties as required
Ensure that the process is followed within the prescribed time frame
Arrange for investigation, mediation or expertise, as required
Coordinate the follow up actions
Maintain original copies of all documentation pertaining to the resolution of differences
Educate employees and volunteers on the application of this policy
The mediator shall:
Determine the parties’ wishes and needs
Establish the ground rules for the discussions, with all parties agreeing to the rules
Explore with the parties different ways to get what each party needs and thus resolve the complaint
The investigator shall:
Promptly make arrangements for a thorough and unbiased investigation to be conducted in as timely and confidential a manner as possible
Inform all parties of their rights and responsibilities
Secure all complaints and responses in writing, with dates, names, witnesses and full descriptions of the incident(s)
Interview the parties involved and any witnesses to the behaviour, if necessary
Notify any individual interviewed of their right to be accompanied by the representative of their choice
Keep the parties to the complaint informed during the process, including providing the alleged harasser with full particulars of the allegations and a copy of the written complaint
An individual accused of discrimination or harassment will be entitled to respond to the complaint and may wish to offer his/her perspective regarding the allegations and/or present a proposal for resolution
Prepare a written report for the applicable Firebird Director outlining the allegations of the complainant, the response of the alleged harasser, the evidence of any witnesses, and the conclusion reached
The applicable Firebird Director shall:
Keep a confidential record of the number of complaints field, the nature of these complaints, the outcome of the investigation and the type of corrective action taken
Situations where there has been an accusation of harassment are extremely sensitive and often complex. At all times, the emotional and physical safety of the complainant is paramount, and this may involve taking steps that are not outlined herein. In general, however, the following process should be taken:
Complaint Received Mediate and/or Investigate Action Appeal
Complaint: In order to make an official complaint, a complainant should advise their supervisor/manager or the applicable Firebird Director. Any individual who receives any complaint against an employee or volunteer must refer it to the human resources representative. From here, there are three (3) possible actions:
1. No Action: The behaviour is not found to be harassment, and the complainant agrees.
2. Resolve: If the harassment is subtle or mild and the complainant agrees, the complaint is resolved informally with the assistance of the HR representative.
3. Refer: If the complaint represents moderate or severe harassment or if the incident involves an abuse of power, then the applicable Firebird Director and the HR representative are to be notified and the complaint is referred to mediation, investigation or, in extreme circumstances, the police.
Mediate: The alleged harasser will be advised of the complaint, if this has not already happened. A mediator will be chosen by the applicable Firebird Director and the HR representative, and confirmed provided the parties to the complaint agree. In the case where there is no agreement, alternative names will be considered. Mediation takes place and the situation is resolved to the satisfaction of both parties. If no agreement for either a name or process is secured, then the case is referred to investigation.
Investigate: Where, for whatever reason, the complaint remains unresolved, then the applicable Firebird Director and the HR representative chooses an investigator.
The investigator will conduct a thorough and unbiased investigation and provide a written report, including recommendations for action, to the applicable Firebird Director, the HR representative, and the general counsel. They will confer with one another, and others as required, and the applicable Firebird Director will make a decision as to the appropriate action.
When considering the appropriate action, the Firebird Director will consider the evidence, the nature of the harassment, whether physical contact was involved, whether the situation was isolated, and whether there was an abuse of power.
Actions may include:
Verbal or written apologies
A letter of reprimand or suspension
A referral to counselling
Demotion or transfer
Termination of employment, volunteer activity and/or membership
Referral to police or other legal authorities
Either the complainant or alleged harasser may, within thirty (30) days of being notified of the action, submit an appeal, in writing, to the Secretary General and CEO of Firebird or designate (designate is not limited to Firebird employees). In the event that the Secretary General determines that further investigation is required, any additional findings shall be disclosed to the parties, who will be provided with an opportunity to respond. The Secretary General will then review the record and determine whether or not a violation of Firebird policy has occurred.
Complaints of harassment will be received and investigated in a confidential manner in accordance with the procedures, including prescribing corrective action. Information that must be shared will be disclosed on a need-to-know basis.
Any allegation or complaint of discrimination, harassment or sexual harassment will be considered personal information ‘supplied in confidence’. The name of the complainant or the circumstances of the complaint will not be disclosed to any person except where disclosure is necessary for the purpose of investigating the complaint. The substance of investigative reports and the substance of meetings held by those in authority regardless of whether it is substantiated will be protected from disclosure to third parties, except where required for legal reasons.
Strict confidentiality cannot be guaranteed to anyone who wants to make a complaint of harassment. If a complaint goes through an investigation, the respondent and other people involved will have to learn about the complaint. The complainant can be assured that only people who ‘need-to-know’ will be told of the complaint.
No investigation information is to be kept on the employee/volunteer’s personnel file with the exception of official disciplinary/termination papers. Similar to problem resolution cases, harassment investigation information should be kept indefinitely in a separate file. Proven allegations of harassment or sexual harassment, including disciplinary action taken shall be documented and form part of the employee/volunteer’s permanent record.
Harassment by an employee or volunteer is a serious offence. If an accusation is substantiated, the harasser will be subject to immediate disciplinary action, up to and including dismissal.
Intentionally accusing someone of harassment, known to be false, is a serious offence and is subject to disciplinary action. Firebird reserves the right to discipline those whose complaints are frivolous or vexatious.
Any interference with the conduct of an investigation, or retaliation against a complainant, respondent or witness, may itself result in disciplinary action.
Criteria in determining level of disciplinary action shall be based on fact scenario and will take into account harm to the individual, harm to Firebird and its reputation, and whether or not there was an unequal power relationship.
Where the conduct involves, or may involve, criminal activity, Firebird reserves the right to invoke criminal charges.
Employees and volunteers have a duty to disclose criminal activity.
Human Rights Commission
Nothing in this policy shall be deemed to limit the right of an employee or volunteer to seek assistance from the provincial Human Rights Commission.
In the event that any of the parties to an allegation is an employee of the National Human Resources Department,
In the event that the allegation is against a member of the Firebird Board of Directors or Management Team, the complaint will be addressed to an alternate Firebird Director, or the complainant may, at their option, elect to have a member of the General Counsel’s office fulfill the role contemplated in these procedures for the Director. All of the other provisions of these procedures shall remain in effect.
The applicable Firebird Director is responsible for advising stakeholders, maintaining, monitoring, and revising this policy; and for authorizing exceptions