Trinity Square Video is committed to maintaining an inclusive workplace that promotes mutual respect for the dignity and worth of each person. In a diverse and equitable workplace, all employees have the opportunity to contribute fully to Trinity Square Video’s mission, vision, and values. Each member’s unique contribution is respected.

Defining Discrimination and Harassment

Discrimination

Discrimination means differential treatment of an individual or group of individuals which is based, in whole or in part, on one or more of the prohibited grounds under the Ontario Human Rights Code which has an adverse impact on an individual or group of individuals. Discrimination may be intentional or unintentional, direct or indirect.

Harassment

Harassment means engaging in a course of vexatious comment or conduct that is known or ought reasonably to be known to be unwelcome. This comment or conduct may be offensive,intimidating, hostile, or inappropriate, based on the prohibited grounds set out in the Ontario Human Rights Code.

Harassment can take many forms and may be directed at an individual or group of individuals. Harassment can occur in various types of communication, including face to face exchanges, email, written correspondence, or social media.

Differences of attitude or culture and misinterpretation of social signals mean that what is perceived as harassment by one person may not seem so to another.

Examples of harassment include, but are not limited to:

• Written or verbal insults;
• Unwelcome remarks, jokes, or innuendoes;
• Displaying offensive material;
• Inappropriate requests;
• Intimidation, bullying, verbal abuse, or threats;
• Practical jokes which cause awkwardness, embarrassment, or endanger safety;
• Behaviour that undermines or sabotages an employee’s job performance;
• Actions intended to belittle, demean, or undermine an individual’s self-respect or cause emotional or psychological suffering;
• Inappropriate touching, or physical assault; or
• Behaviour, conduct, comments, or activities not directed specifically at an individual, but which nonetheless create a degrading, offensive, or poisoned worknenvironment.

 

Harassment does not include:

• Legitimate, reasonable management actions that are part of the normal work function including appropriate direction, delegation, performance management, counselling, or discipline administered by a manager;
• Professional debate;
• Attendance management;
• Relationship of mutual consent;
• Stressful events encountered in the performance of legitimate job duties; or
• Occasional disagreements or personality conflicts.

 

Sexual Harassment

Sexual harassment includes:

a) vexatious sexual conduct or a course of comment that is known or ought reasonably to be known as unwelcome;

b) a sexual solicitation or advance made to an individual by another where the other individual is in a position to confer a benefit on, or deny a benefit to, the individual to whom the solicitation or advance is made, where the individual making the solicitation or advance knows or ought reasonably to know that it is unwelcome;

or

c) a reprisal or threat of reprisal against an individual for rejecting a sexual solicitation or advance.

Examples of sexual harassment include, but are not limited to:

• Sexist jokes causing embarrassment or offence, told or carried out after the speaker was told that they are embarrassing or offensive, or that are by their nature clearly embarrassing or offensive;
• Unwelcome remarks, jokes, comments, inquiries, or innuendoes about a person’s physical appearance, attire, sex, or sexual orientation;
• Leering or other suggestive gestures;
• The display of sexually explicit material;
• Sexually degrading words used to describe a person;
• Sexually suggestive or obscene comments;
• Practical jokes of a sexual nature, which cause awkwardness or embarrassment;
• Unwelcome sexual flirtations, advances, or propositions;
• Requests for sexual favours;
• Unwanted touching; and
• A threat to job security or working conditions for refusing to comply with sexual demands by a person in a position of authority.

 

Human Rights Obligations

Employees are entitled to work in an environment free from harassment and discrimination that is based on the prohibited grounds under Ontario Human Rights Code, which include:

• Citizenship,
• Race,
• Place Of Origin,
• Ethnic Origin,
• Colour,
• Ancestry,
• Disability,
• Age,
• Creed,
• Sex/Pregnancy,
• Family Status,
• Marital Status,
• Sexual Orientation,
• Gender Identity,
• Gender Expression,
• Receipt of Public Assistance (In housing) and,
• Record of Offences (In employment)

 

Ontario Human Rights Code prohibits harassment, sexual harassment, and discrimination in the areas of:

• Employment;
• Housing;
• Services;
• Unions and vocational associations; and,
• Contracts

 

Zero-tolerance

Trinity Square Video has zero-tolerance for any form of harassment, sexual harassment, or discrimination. This includes harassment, sexual harassment, or discrimination by or directed towards other employees, volunteers, customers, the public, and suppliers.

Harassment, sexual harassment, and discrimination are violations of the Human Rights Act upon which this policy is based. Trinity Square Video will take reasonable and necessary steps to ensure a workplace free from harassment, sexual harassment, and discrimination to the extent possible.

Trinity Square Video prohibits harassment, sexual harassment, and discrimination of or by any of its employees, in the workplace, or at any work-related and/or staff social functions, or in any other work-related circumstances.

 

Resolution of Harassment, Sexual Harassment, and Discrimination

Employees should follow the steps below when they encounter inappropriate behaviour in the workplace.

 

Informal Resolution

On occasion, some instances of harassment, sexual harassment, or discrimination can be dealt with directly and informally through communication with the person engaging in the inappropriate behaviour. Where employees feel comfortable doing so, they should communicate a clear message that the conduct or comments are offensive or unwelcome.

However, Trinity Square Video recognizes that there are circumstances where direct communication is not appropriate. Although informal resolution is encouraged where possible, it is not a prerequisite to making a report of harassment, sexual harassment, or discrimination.

 

Formal Resolution

Where an employee does not wish to bring the matter directly to the attention of the person engaging in the inappropriate behaviour, or where such an approach is attempted and does not produce a satisfactory result, the employee should report the harassment, sexual harassment, or discrimination as outlined below.

 

Making an Internal Report

Harassment, sexual harassment, or discrimination should be reported as soon as possible after experiencing or witnessing the behaviour. This allows the incident to be addressed in a timely manner.

Employees are encouraged to report any incidents to their manager. If the manager is the person engaging in the behaviour, the incidents should be reported to the GM. If the GM is the person engaging in the behaviour, the matter should be reported to the Personnel Committee.

Employees can report incidents verbally or in writing. When reporting verbally, the manager or GM receiving the report will document the report in writing.

The report should include the following information:

• Name(s) of the person(s) who has allegedly experienced harassment, sexual harassment, or discrimination;
• Name(s) of the person alleged to have engaged in the unwelcome behaviour;
• Names of any witnesses or other persons with relevant information about the incident and contact information (if known);
• Details of what happened including date(s), frequency, and location(s) of the incident(s); and
• Any supporting document that the person making the report has which are relevant to the matter.

 

All reports of harassment, sexual harassment, or discrimination shall be kept confidential except to the extent necessary to protect employees, investigate the complaint, take corrective action, or otherwise as required by law.

 

Investigation

Trinity Square Video will ensure that an investigation appropriate to the circumstances is conducted when a report of harassment, sexual harassment, or discrimination is made. Reports will be investigated in a fair, respectful, and timely manner.

Trinity Square Video will determine who will conduct the investigation. Depending on the allegations and the people involved, the investigation may be referred to an external investigator or may be investigated internally.

 

Confidentiality and Privacy

Investigations are highly sensitive, and it is critical to maintain the utmost confidentiality throughout the process. This protects the privacy of the parties but also the integrity of the investigation.

During the investigation and resolution of complaints, all information must remain confidential except where sharing information is required by law. Anyone who is aware of or participates in an investigation must keep confidential:

• The fact that a complaint was filed;
• The fact that they are being interviewed and the questions they were asked;
• The issues discussed with the investigator during their interview;
• Their opinions on the validity or nature of the reported incident; and
• Whether, and what other, individuals might also be participating in the investigation.

 

Outcome of investigation

After the investigation is concluded, both the person making the report and the person alleged to have engaged in the harassment, sexual harassment, or discrimination will be informed of the findings.

If Trinity Square Video concludes that there was no violation of this policy, no further action will be taken, and no documentation concerning the report will be placed on the file of the person(s) alleged to have engaged in harassment, sexual harassment, or discrimination.

If Trinity Square Video concludes that there was a violation of this policy, the employee(s) who violated the policy will be disciplined, up to and including termination. A record of the violation of this policy and any disciplinary action taken will be added to the employee’s personnel file. The complainant does not have a right to know what discipline was assigned.

 

No Retaliation

Regardless of the outcome of a report made in good faith, the employee making the report as well as anyone providing information during an investigation will be protected from retaliation.

 

Reports Made in Bad Faith

A bad faith report is a report that is made with a conscious effort to mislead or deceive, or with a malicious or fraudulent intent. An employee who makes a report in bad faith will face disciplinary action, up to and including termination.

 

External Reporting Options

Employees have external options to report harassment, sexual harassment, or discrimination. An employee may contact the Ontario Human Rights Commission to make a complaint of harassment, sexual harassment, or discrimination, or may contact the police if they believe that criminal activity is involved.