08-12 Workplace Harassment

Question 1

What is the Rationale?

Answer 1

The Toronto Police Services Board (Board) and the Toronto Police Service (Service) are committed to providing a workplace that is free of discrimination and harassment to all its members. The Occupational Health & Safety Act (OHSA) legislates that workers are provided a workplace that is free of harassment. To that end, section 1.9 of the Standards of Conduct entitled “Fairness, Discrimination and Harassment” prohibits discriminatory behaviour. This Procedure outlines for members what constitutes workplace harassment, including workplace sexual harassment, and the process for reporting workplace harassment. Members reporting workplace harassment are protected from reprisal.

Question 2

Supervision

Answer 2

 Supervisory Officer attendance mandatory for any incident of workplace harassment
 Supervisory Officer, Officer in Charge and Unit Commander notification mandatory for any incident of workplace
harassment

Question 3

Procedure - The Service is committed to the delivery of police services that are ___________ that are designed to protect workers from workplace harassment. The definition of workplace harassment under the OHSA is _____ than the definition contained in the Ontario Human Rights Code (Code).

Answer 3

fair, respectful, unbiased, and in line with the OHSA and its provisions

broader

Question 4

Freedom from Reprisal - Members SHALL not____ against any person who makes a report or complaint about their conduct or the conduct of another Service member.
Any member who, in good faith, reports a breach of Service or Legislative Governance or an act of misconduct SHALL not be subject to

Answer 4

harass, intimidate, retaliate or threaten to retaliate

reprisal for making such report.

Question 5

Confidentiality - Members who, by virtue of their positions, are privy to information or in possession of documentation pertaining to a workplace harassment complaint SHALL hold such information in

Answer 5

strict confidence. This SHALL include refraining from discussions or releasing information, in any form, beyond that outlined in this Procedure, or as required by law.

Question 6

Member - Members SHALL immediately report any incident of workplace harassment to

Answer 6

any supervisor.

Question 7

Member - Members SHALL not

Answer 7

harass, intimidate or retaliate against any member who reports workplace harassment and comply with Procedure 13–18.

iv. Every member has the right to protection from workplace harassment without reprisal or fear of reprisal. A complaint of workplace harassment that is vexatious or malicious in nature may result in discipline.

Question 8

Member - When a member is a complainant of an incident regarding an alleged violation under the Code SHALL also comply with

Answer 8

Procedure 13–14, if applicable.

Question 9

Supervisor - Upon becoming aware of any incident of workplace harassment SHALL

Answer 9

 maintain confidentiality
 report any incident of workplace harassment to the Officer in Charge
 commence an investigation
 speak to the member initiating the complaint in private
 when gathering evidence comply with Procedure 04–21, if applicable
 when the harassment is intimate partner violence related comply with Procedure 05–04, if applicable
 when the harassment includes a prohibited ground under the Code, also comply with Procedure 13–14, if applicable
 if an arrest is made, comply with Procedure 01–01
 when a member requires counselling, including counselling which is gender and culturally specific, comply with
Procedure 08–01
 take all reasonable precautions necessary for the protection of the member
v. A police officer cannot refuse to work when the work is a normal condition of the worker’s employment or when the refusal to work would directly endanger the life, health or safety of another person.
vi. Reasonable precautions necessary for the protection of the member may include the re– assignment to reasonable alternative duties
 protect any complainant or witness from reprisal and comply with Procedure 13–18
vii. Every member has the right to protection from workplace harassment without reprisal or fear of reprisal. A complaint of workplace harassment that is vexatious or malicious in nature may result in discipline.

Question 10

Supervisor - When the source of the workplace harassment is external to the Service SHALL ensure the applicable

Answer 10

eReports are completed prior to the completion of the tour of duty, if applicable.

Question 11

Supervisor - When the source of the workplace harassment is from a Service member SHALL comply with

Answer 11

 Procedure 13–02 for external complaints involving uniform members
 Procedure 13–03 for internal complaints involving uniform members
 Procedure 13–09 for complaints involving civilian members.

Question 12

Officer in Charge / Designate - Upon becoming aware of any incident of workplace harassment SHALL

Answer 12

 maintain confidentiality
 speak to the complainant in private, if the complaint has not already reported the matter to a supervisor
 take every reasonable precaution necessary for the protection of the member
 Reasonable precautions necessary for the protection of the member may include the re–assignment to reasonable alternative duties.
 when an arrest is made, ensure compliance with Procedure 01–01, if applicable

Question 13

Officer in Charge / Designate - When the source of the workplace harassment is external to the Service SHALL

Answer 13

 ensure the applicable eReport numbers are provided to the involved member’s Unit Commander and the Unit
Commander – Professional Standards prior to the completion of the tour of duty

Question 14

Officer in Charge / Designate - When the source of the workplace harassment is from a Service member SHALL comply with

Answer 14

 Procedure 13–08 or 13–10, as applicable

Question 15

Unit Commander / Designate - Upon becoming aware of any incident of workplace harassment SHALL

Answer 15

 maintain confidentiality
 speak to the complainant in private, if the complaint has not already reported the matter to a supervisor
 ensure all reasonable precautions necessary for the protection of the member are taken
 Reasonable precautions necessary for the protection of the member may include the re–assignment to reasonable alternative duties.
 any complainant or witness is protected from reprisal and comply with Procedure 13–18

Question 16

Unit Commander / Designate - When the source of the workplace harassment is external to the Service SHALL ensure compliance with

Answer 16

items 5 and 8.

5.When the source of the workplace harassment is external to the Service SHALL ensure the applicable eReports are completed prior to the completion of the tour of duty, if applicable.

8. When the source of the workplace harassment is external to the Service SHALL
    ensure the applicable eReport numbers are provided to the involved member’s Unit Commander and the Unit
   Commander – Professional Standards prior to the completion of the tour of duty

Question 17

Unit Commander / Designate - When the source of the workplace harassment is from a Service member SHALL comply with

Answer 17

 Procedure 13–08 or 13–10, as applicable

Question 18

Unit Commander / Designate - Upon becoming aware of any incident of workplace harassment SHALL

Answer 18

 maintain confidentiality
 speak to the complainant in private, if the complaint has not already reported the matter to a supervisor
 ensure all reasonable precautions necessary for the protection of the member are taken
 Reasonable precautions necessary for the protection of the member may include the re–assignment to reasonable alternative duties.
 any complainant or witness is protected from reprisal and comply with Procedure 13–18

Question 19

Unit Commander / Designate - When the source of the workplace harassment is external to the Service SHALL ensure compliance with

Answer 19

items 5 and 8.

5.When the source of the workplace harassment is external to the Service SHALL ensure the applicable eReports are completed prior to the completion of the tour of duty, if applicable.

8. When the source of the workplace harassment is external to the Service SHALL
    ensure the applicable eReport numbers are provided to the involved member’s Unit Commander and the Unit
   Commander – Professional Standards prior to the completion of the tour of duty

Question 20

Unit Commander / Designate - When the source of the workplace harassment is from a Service member SHALL comply with

Answer 20

item 6.

6. When the source of the workplace harassment is from a Service member shall comply with
    Procedure 13–02 for external complaints involving uniform members
    Procedure 13–03 for internal complaints involving uniform members
    Procedure 13–09 for complaints involving civilian members.

Question 21

Definitions - Worker

Answer 21

means any person who performs work or supplies services for monetary compensation, and includes a contractor or a volunteer such as an auxiliary member.

Question 22

Definitions - Workplace

Answer 22

means any land, premises, location or thing at, upon, in or near, which Service business is being conducted. This can include, but is not limited to:
 Service facilities/buildings
 Service vehicles
 courthouses
 any other location where Service business is being conducted.

Question 23

Definitions - Workplace Harassment

Answer 23

means engaging in a course of vexatious comment or conduct that is known or ought reasonably to be known to be unwelcome, or workplace sexual harassment. Harassment may be a one(1) time incident or repeated incidents. Workplace harassment does not include discipline or performance management.

Question 24

Definitions - Workplace Sexual Harassment

Answer 24

means engaging in a course of vexatious comment or conduct against a worker in a workplace because of sex, sexual orientation, gender identity or gender expression, where the course of comment or conduct is known or ought reasonably to be known to be unwelcome, or making a sexual solicitation or advance where the person making the solicitation or advance is in a position to confer, grant or deny a benefit or advancement to the worker and the person knows or ought reasonably to know that the solicitation or advance is unwelcome.