Prohibition Against Discrimination, Bullying and Harassment
1. Policy Statement
Vancouver Opera (“VO”) is committed to providing an environment where everyone is treated with dignity and respect. We believe that every person has the right to operate in an atmosphere that promotes equal opportunities, and that is free from Discrimination, Bullying and Harassment. It is the policy of VO that Discrimination, Bullying and Harassment will not be tolerated. Those who engage in such behaviour will be subject to discipline, up to and including termination of employment or removal from a volunteer position.
2. Application
This policy applies to:
- All VO workers, including full-time, temporary, casual, contract, and student workers. It applies as required by law to work and workplace-related conduct, including interpersonal and electronic communications, such as email.
- All VO volunteers, including but not limited to all members of the Board of Directors and members of committees of the Board of Directors who are not themselves members of the Board of Directors (collectively “Board Members”).
3. Definitions
“Discrimination” means discrimination in employment based on a person’s sex, race, colour, ancestry, place of origin, political belief, religion, marital status, family status, physical or mental disability, sex, sexual orientation, gender identity or expression, age, or criminal conviction unrelated to the person’s employment. “Bullying and Harassment” includes any inappropriate conduct or comment by a person towards a worker or volunteer of VO that the person knew or reasonably ought to have known would cause that individual to be humiliated or intimidated, but excludes any reasonable action taken by VO or a supervisor relating to the management and direction of workers and volunteers of VO or the place of employment. Examples of Bullying and Harassment include, but are not limited to, such things as:
- words, gestures, actions or practical jokes, the natural consequence of which is to humiliate, ridicule, insult or degrade;
- threats or intimidation;
- cyber bullying – which generally refers to Bullying and Harassment which occurs through the use of text messaging, social media, e-mail and/or the internet;
- physical assault; or
- persistent rudeness, taunting, malicious gossip, patronizing behaviour, vandalizing belongings or other conduct which adversely affects working conditions or work performance.
Discrimination and Harassment include Sexual Harassment. “Sexual Harassment” means conduct or comments of a sexual nature that is unwelcome, and that detrimentally affects the work environment or leads to adverse job-related consequences. Sexual harassment includes, but is not limited to, such things as:
- unwanted touching;
- unwelcome sexual flirtations, advances or propositions;
- sexually suggestive, obscene or degrading comments or gestures;
- offensive jokes of a sexual nature;
- leering or staring;
- displaying or circulating pictures or other material of a sexual nature;
- unwelcome questions or remarks about a person’s sex life, appearance, clothing, etc.
4. Responsibilities of all Workers and Volunteers
All VO workers and volunteers must:
- not engage in Bullying and Harassment, or Discrimination against another worker or volunteer of VO;
- report using the following procedures if Bullying and Harassment and/or Discrimination is observed or experienced; and
- apply and comply with this Policy.
5. Reporting and Investigation Procedure
Informal Resolution A worker or Volunteer of VO who feels that he or she has been subject to, or who has observed, Bullying and Harassment and/or Discrimination in our workplace (the “Complainant”) is encouraged, but not obligated, to begin by approaching the Respondent, informing the Respondent of his/her discomfort with the behaviour, and asking the Respondent to stop. If the Bullying and Harassment and/or Discrimination does not stop, or if the Complainant does not feel comfortable approaching the Respondent directly, the Complainant may proceed to file a formal complaint. Formal Complaint Incidents or complaints should be reported as soon as possible after experiencing or witnessing an incident. All complaints will be taken seriously and will be dealt with fairly and promptly. The Complainant will report any incidents or complaints to the Director of Artistic & Production and/or the General Director. If the General Director is involved in the complaint, the Complainant will report the incident or complaint to the Chair of the Board of Directors. Alternatively, Board Members may report incidents or complaints directly to the Chair of the Board of Directors. If the Chair of the Board of Directors is involved in the complaint, the Board Member may report the incident or complaint to another member of the Executive Committee. The Complainant may report incidents or complaints of Bullying and Harassment and/or Discrimination verbally or in writing. Written reports are encouraged. Complaints should provide as much information as possible, such as the names of people involved, witnesses, where the events occurred, when they occurred, and what behaviour and/or words led to the complaint. It is important that any supporting documentation, such as emails, handwritten notes, or photographs are attached to the complaint. Investigation Procedure If the subject matter of a complaint or report fits within the definition of Bullying and Harassment and/or Discrimination, it will be investigated in an unbiased manner. Investigations will be conducted by either the individual who received the complaint, or his or her designate, which may include an external investigator. The investigation will vary depending on the nature of the allegations, but will generally involve conducting interviews and reviewing documents considered relevant by the investigator. The Respondent will be given the details of the complaint, and will be provided with a reasonable opportunity to respond. The Complainant and Respondent will be informed in writing of the result of the investigation. If a complaint or report is found to have merit, then appropriate remedial, corrective or disciplinary action will be taken. This action may include education and training or formal disciplinary action including termination of employment or removal from a volunteer position.
6. Confidentiality
Complaints and reports of Bullying and Harassment and/or Discrimination involve confidential and sensitive matters. Confidentiality is required so those who may have experienced Bullying and Harassment and/or Discrimination will feel free to come forward, and the reputations and interests of those accused are protected. All parties to a harassment complaint are expected to respect the privacy and confidentiality of all other parties involved and to limit the discussion of a harassment complaint to those that need to know. Subject to disclosure which is required by law or is necessary to investigate or resolve a complaint or report, VO will make every effort to keep confidential any information pertaining to the complaint.
7. Retaliation
Retaliation of any kind against a person who, in good faith, files a complaint or report of Bullying and Harassment and/or Discrimination will not be tolerated.
8. Frivolous Complaints or Reports
Complaints or reports of Bullying and Harassment and/or Discrimination are serious matters. Complainants who are found to have made frivolous, vexatious, or malicious complaints of Bullying and Harassment and/or Discrimination may be subject to disciplinary or corrective action, including termination of employment or removal from a volunteer position.
9. Annual Review
This Bullying, Harassment and Discrimination Policy will be reviewed as often as is necessary, but at least annually.