Anti-Harassment and Non-Discrimination

Whitby Courthouse Theatre does not condone harassment or discrimination, in any form.

All individuals have the right to be treated with respect and dignity, free of harassment and discrimination.

This policy serves to:

• Define types of harassment.
• Establish procedures to be followed by individuals who have been or are being subject to harassment or discrimination.
• Establish a response framework to be followed in dealing with reports of harassment or discrimination.

This policy applies to all members, volunteers, employees, or affiliates of Whitby Courthouse Theatre, and it applies to any place where Whitby Courthouse Theatre may do business. Harassment or discrimination which occurs outside the organization but has consequential repercussions related to Whitby Courthouse Theatre matters is considered relevant and is subject to this policy.

This policy shall be considered the Harassment Free Workspace policy for employees of Whitby Courthouse Theatre.

Harassment is defined in the Ontario Human Rights Code as: ‘a course of vexatious [annoying or provoking] comments or conduct that is known or ought reasonable to be known to be unwelcome.’ The following behaviours are examples of harassment:

• Unwelcomed remarks, jokes, or insults.
• The displaying, dissemination, or advocacy of racist, xenophobic, transphobic, homophobic, derogatory, pejorative, or otherwise offensive material.
• Insulting gestures or practical jokes which cause embarrassment, even if made in jest.

Discrimination is defined as unequal or different treatment or harassment that causes harm based on a person’s age, ancestry, citizenship, colour, creed, disability, ethnic origin, family status, gender expression, gender identity, immigration status, marital status, place of origin, race, record of pardoned offences, sex, sexual orientation, or any other grounds defined as discrimination in any relevant law or statute.

Sexual Harassment is any comment or conduct which is intimidating, annoying, untoward, or malicious and relates to sex, sexual orientation, or gender identity, such as:

• Vexatious comment or conduct that is known, or ought to reasonably be known, to be unwelcome.
• Sexual advance or solicitation where the advance is known, or ought to be known, to be unwelcome.
• Demands for sexual favours.
• Unnecessary or unwanted physical contact.
• Leering or other suggestive gestures.
• Unwelcome remarks, jokes, suggestions or insults about a person’s physical appearance, attire, sex, sexual orientation, or gender identity.
• Displaying explicit pictures or other explicit material.
• Practical jokes of a sexual nature, which cause awkwardness or embarrassment.
• Reprisal or threat of reprisal by a person in a position to grant or deny a benefit to a person who has rejected their sexual proposition.
• Compromising invitations.

Sexual harassment can be directed towards any person, by any other person.

Personal Harassment is not based on prohibited grounds under law but is inappropriate and is prohibited by Whitby Courthouse Theatre. Personal harassment includes behaviour:

• Designed to intimidate, insult or berate.
• Such as name-calling, insulting or embarrassing comments.
• That causes a constant unjust criticism.
• Which a person knows, or ought reasonably to know, denies individuals their dignity and respect or which is offensive, insulting, embarrassing, or humiliating.

Any person who considers they have been harassed or discriminated against in accordance with this policy should complete the following actions:

• If safe, and advisable to do so, make the accused aware of their actions and your discomfort (accompanied by another individual if desired).
• Document each incident and step taken. Such documentation should include:
  • Who was involved?
  • Were there other victims?
  • What was said and done?
  • When and where the incident took place. o Names of witnesses.
  • Any other relevant information.

All instances of harassment or discrimination should be reported. A report detailing the above information must be made in writing to the President, or any member of the Board of Directors that the individual feels comfortable contacting. All reports must be investigated by the Board of Directors per the framework laid out in this policy, and every precaution will be taken to protect the claimant.

All individuals in positions of authority (Board Members, Coordinators, Directors, Producers, etc.) are obliged by law to prevent harassment, and to respond to reports as outlined in this policy.

Detailed response and investigation frameworks are detailed in this policy.

Once a report has been submitted, the Claimant has the right to:

• A timely and thorough investigation of the report.
• Be represented and accompanied by another individual during any interview.
• Obtain a review of their report without fear of reprisal or embarrassment.
• Ensure that any information about the fact that a report has been filed does not become a personal record against the claimant.
• Be kept informed throughout the process.

Once a report has been filed, the accused has the right to:

• Be informed as soon as practical that a report has been filed.
• A timely and thorough investigation of the report.
• Be presented with a written statement and given a chance to respond to the report.
• Be represented and accompanied by another individual during any interview.
• Be kept informed throughout the process.

On receipt of a report, the Board Member that received it must present it to the Board of Directors as soon as possible. However, if a Board Member or somebody within arm’s length of a Board Member is implicated that member shall be excluded.

If the accused is not a Board Member, the Board of Directors shall appoint a committee of not less than three Board Members, of which no less than two are in the Executive, which shall:

• Conduct an investigation by reviewing the submitted report and allowing for a written response.
• Separately interview the claimant, accused, and relevant witnesses.
• Report back to the Board of Directors with one of the following conclusions:
  • The claimant’s report was substantiated.
  • The claimant’s report was unsubstantiated.
  • Inconclusive as there was not enough information to determine whether or not the claimant’s report was substantiated.

If the accused is a Board Member, the Board of Directors, less the accused Board Member and any relatives of the accused, shall appoint an independent mediator that is not:

• Known to either the claimant or the accused.
• Within arm’s length of any Board Member.
• A current member of Whitby Courthouse Theatre.

The mediator shall then:

• Complete an investigation of the report by reviewing the submitted report and allowing for a written response.
• Separately interview the claimant, accused, and relevant witnesses.
• Report back to the Board of Directors with one of the following conclusions:
  • The claimant’s report was substantiated.
  • The claimant’s report was unsubstantiated.
  • Inconclusive as there was not enough information to determine whether or not the claimant’s report was substantiated.

In either case, interviews may not be recorded by audio, video, or any other means other than written notes. All individuals being interviewed have the right to have somebody in attendance for support. However, that individual is not entitled to participate in the interview.

All information is kept strictly confidential.

The Board of Directors, less the accused (if a member of the Board), must meet to receive the report back from the committee, or mediator, and apply a response based on the findings.

Substantiated
The Board shall assess the severity of the offence and impose appropriate disciplinary action, such as, but not limited to:

• Letter of reprimand.
• Revocation of membership.
• Removal from a production, Coordinator position, or other future role.
• Exclusion from Whitby Courthouse Theatre activities for a defined period.
• If the accused is a Board Member, an insistence on a resignation, and if not, the Board may call a Special Meeting of Members to have the individual removed from the Board of Directors.
• Referral to authorities, where warranted.

Unsubstantiated
The Board shall report back to the claimant and accused that the claim was not substantiated. There will be no negative consequences drawn against the claimant or the accused.

Inconclusive
The Board shall report back to the claimant and the accused that the results were inconclusive. There will be no negative consequences drawn against the claimant or the accused. And either party may request that the Board undertake further action, such as appointing (a/another) mediator. If the result is the same, the claim will be treated as unsubstantiated, and the parties may follow the guidelines in the Appeal section of this policy.

A record of all matters related to the incident will be kept on file. The record will include:

• The original report by the Claimant, including the name of the Claimant.
• The response from the Accused, including the name of the Accused.
• Names of witnesses of the event.
• Notes from interviews.
• Any other documentation resulting from the investigation.
• A record of disciplinary action taken.

The record shall not contain any personal identifying information except for the names of the individuals involved. All personal information as defined in the Privacy policy shall be redacted, and the file will only be accessed or shared as required by relevant laws or statutes.

If the report is substantiated, the record shall be kept on file for a period of five years. If the report is unsubstantiated, the record shall be kept on file for a period of one year.

If the claimant or the accused is not satisfied with the action taken, they may submit a filing to the Ontario Human Rights Commission.

Both parties should be aware that the option to submit a complaint to the Ontario Human Rights Commission is available to them at any point during this procedure. However, it is encouraged that there be serious attempts made to pursue resolution amongst the parties directly involved.

Either party may choose to seek legal advice at any time.