Bullying, Harassment, and Discrimination Prevention Policy

1. Expected conduct

Bullying and harassment as well as discriminatory practices are not acceptable or tolerated at Regent College. All College community members can expect to be treated in a fair and respectful manner.

2. Application

This policy applies to conduct in the Regent College community. The Student Code of Conduct applies where the respondent is a student and the complainant is a student, faculty member, staff member, volunteer, or contractor of Regent College. If the respondent is a student acting in the course of employment at Regent College (Teaching Assistant or Student Employee), this policy applies.

This policy applies to all forms of interpersonal interaction and communications by whatever means, including email and social media.

3. Bullying and harassment

Bullying and harassment is:

1. sexual harassment as defined by this policy; or
2. any inappropriate conduct or comment by a person towards another that the person knew or reasonably ought to have known would cause that other person to be humiliated or intimidated;

but excludes any reasonable action taken by Regent College as an employer or by a supervisor relating to the management and direction of employees.

Examples of conduct or comments that might constitute bullying and harassment include verbal aggression or insults; calling someone derogatory names; demeaning or intimidating behaviour or words; and persistent unwanted attention.

4. Sexual Harassment

Sexual Harassment is behaviour of a sexual nature

1. by a person who knows or ought reasonably to know such behaviour is unwelcome; and
2. which
   1. interferes with another person's participation in a College-related activity;
   2. leads to or implies employment or academic consequences for the person(s) harassed; or
   3. causes or could reasonably be expected to cause intimidation, discomfort, offense or humiliation to the person(s) harassed.

5.Discrimination

Discrimination is intentional or unintentional differential treatment for which there is no bona fide or reasonable justification. Such discrimination imposes burdens, obligations or disadvantages on specific individuals or groups. Examples of conduct that might constitute discrimination include providing a more welcoming environment to one gender over another; use of racially derogatory words; demonstrating a bias toward an individual because of their mental or physical impairment; displaying pictures or cartoons that would offend a particular racial or ethnic group; and differential treatment based on family status.

6. Community members must:

• not engage in the bullying and harassment of other community members
• report if bullying and harassment is observed or experienced
• not engage in discriminating against other community members
• comply with the College’s Bullying & Harassment and Discrimination Prevention Policy

7. Annual review:

This policy statement will be reviewed every year.

Effective Date: November 1, 2013

Annual review date: Reviewed: November, 2023

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Regent College Bullying, Harassment and Discrimination Prevention Policy

1. THE PURPOSE OF THIS POLICY

Regent College is a community of people who have come together for study, work and worship. It is a Christian community, in which we seek to honour and uphold the dignity of all people as created in God's image. This policy is meant to address those occasions when that standard is not met and bullying, harassment or discrimination has occurred. The College considers bullying, harassment and discrimination serious offenses, subject to a range of disciplinary measures.

2. DEFINITION OF BULLYING AND HARASSMENT

Bullying and harassment is:

1. sexual harassment as defined by this policy; or
2. any inappropriate conduct or comment by a person towards another that the person knew or reasonably ought to have known would cause that other person to be humiliated or intimidated;

but excludes any reasonable action taken by Regent College as an employer or by a supervisor relating to the management and direction of employees.

3. DEFINITION OF SEXUAL HARASSMENT

Sexual Harassment is behaviour of a sexual nature

1. by a person who knows or ought reasonably to know such behaviour is unwelcome; and
2. which
   1. interferes with another person's participation in a College-related activity;
   2. leads to or implies employment or academic consequences for the person(s) harassed; or
   3. causes or could reasonably be expected to cause intimidation, discomfort, offense or humiliation to the person(s) harassed.

4. DEFINITION OF DISCRIMINATION

An intentional or unintentional differential treatment based on one or more of the prohibited grounds: race, colour, ancestry, place of origin, political belief, religion, marital status, family status, age, physical or mental disability, sex, sexual orientation, and unrelated criminal convictions, for which there is no bona fide or reasonable justification. Such discrimination imposes burdens, obligations or disadvantages on specific individuals or groups.

5. DEFINITIONS OF OTHER TERMS USED IN THIS POLICY

Complaint Review Committee: This committee is made up of the President, Academic Dean and the Director of Finance.

Complainant: The person(s) who considers himself or herself to have been the subject of bullying, harassment or discrimination, and who brings an informal or formal complaint under this policy.

Respondent: The person(s) who the complaint is filed against.

Contractors: Non-employees of the College who provide goods or services pursuant to a contract with the College. Representatives, agents and employees of contractors are considered contractors themselves under this policy.

Faculty: Includes all full and part-time faculty of any rank; sessional lecturers; visiting scholars and other visitors appointed by the Board of Governors; visiting faculty during Spring School and Summer School; and speakers at conferences sponsored by Regent College.

Harassment Prevention Officer: An employee of Regent College trained to administer this policy. The current Harassment Prevention Officer is the Director of Human Resources.

Staff: Includes all full and part-time non-faculty employees of Regent College, including teaching assistants and other student employees.

Students: Includes all full and part-time Regent College students, including audit and credit students and program and non-program students.

6. WHEN DOES THIS POLICY APPLY?

This policy applies when all of the following conditions are met:

1. the complainant is a faculty member, staff member, student, volunteer, or contractor of Regent College or if the respondent is a student acting in the course of employment at Regent College (Teaching Assistant or Student Employee);
2. the last incident complained of occurred no more than six months ago unless there is reasonable justification for the delay;
3. the incident(s) complained of occurred in the context of a College-related activity; and
4. the alleged behaviour, if proven, would meet the definitions of bullying/harassment and/or discrimination in this policy.

The Student Code of Conduct applies where the respondent is a student and the complainant is a student, faculty member, staff member, volunteer, or contractor of Regent College.

7. WHAT THIS POLICY IS NOT INTENDED TO DO

1. This policy is not intended to inhibit normal social and personal relationships among members of the Regent College community.
2. This policy is not intended to inhibit academic freedom, including the free discussion, research, publication and sharing of opinions on topics of interest in an academic environment. In an evangelical Christian setting, that may include such contentious topics as sexual identity and practice, politics, and gender roles.
3. Use of such instructional techniques as irony, conjecture and refutation, or the assignment of controversial readings are legitimate, and will not be considered a breach of this policy if conducted in a mutually respectful and non-coercive way.
4. This policy is not intended to inhibit the fair and reasonable assessment of a student's work by a faculty member or discipline of a student for an academic offense.
5. Nothing in this policy is intended to diminish Regent College's rights under section 41 of the Human Rights Code, RSBC 1996, c. 210, which reads in part:
   
   If a charitable, . . . educational . . . [or] religious organization . . . has as a primary purpose the promotion of the interests and welfare of an identifiable group or class of persons characterized by . . . a common . . . religion . . ., that organization . . . must not be considered to be contravening this Code because it is granting a preference to members of the identifiable group or class of persons.
   
   
6. This policy is not intended to replace other avenues of redress outside of Regent College which might be available to a victim of bullying, harassment or discrimination, including the British Columbia Human Rights Code.
7. A program or policy designed to ameliorate the conditions of a disadvantaged individual or group is not considered to offend this policy. For example, it might be appropriate and not a contravention of this policy for the College to offer student bursaries to prospective students from the developing world.
8. This policy is not intended to inhibit Regent College's freedom to maintain its Christian character and identity.
9. This policy is not intended to limit Regent College's ability to offer employment for designated positions only to those who accept the College's Theological Position which includes a Doctrinal Statement and Moral Vision Statement.
10. Flirtation and banter among students or others who are friends and peers is not sexual harassment; nor is consensual sexual interaction.
11. This policy is not intended to inhibit the fair and reasonable management, evaluation and discipline of employees by supervisors. Specifically, this policy excludes any reasonable action taken by Regent College as an employer or by a supervisor relating to the management and direction of employees or the place of employment.

8. WHAT TO DO IF YOU ARE THE SUBJECT OF BULLYING, HARASSMENT OR DISCRIMINATION

This policy provides for both informal and formal resolution of complaints of bullying, harassment and discrimination. While the formal process is always available to victims of bullying, harassment and/or discrimination, we encourage members of this community to attempt to resolve such issues informally if it is appropriate to do so, as many situations can be successfully resolved in that way:

(a) Informal Process

Wherever possible, the person who believes they have been the subject of bullying and/or harassment and/or discrimination (the Complainant) is encouraged to speak with the person(s) they believe bullied or harassed or discriminated against them, to determine whether a mutually acceptable resolution may be found. In some cases this will not be practical or appropriate, particularly if the victim feels intimidated or otherwise threatened.

A Complainant may also bring an informal complaint to the Harassment Prevention Officer, who will provide a complaint form to the Complainant. Once the completed form is received from the Complainant, the Harassment Prevention Officer will provide a copy to the person alleged to have engaged in the bullying or harassing or discriminatory conduct (the Respondent). The Respondent will then have two weeks to provide the Harassment Prevention Officer with a written response to the complaint. The Harassment Prevention Officer will meet with the Complainant and review the Respondent's response with the Complainant.

At this stage, the Complainant may accept the Respondent's explanation and withdraw the informal complaint. The Complainant may also request that the Harassment Prevention Officer attempt to bring about a remedy sought by the Complainant, such as a meeting with the Respondent and the Harassment Prevention Officer, or an apology from the Respondent. The Harassment Prevention Officer will attempt to resolve the complaint informally through any means he or she considers appropriate in the circumstances, including mediation or negotiation. Informal resolutions of complaints may be reached in a variety of ways, including a letter to the Respondent from the Complainant; a meeting between the Respondent and Complainant, with or without the Harassment Prevention Officer; an apology from the Respondent to the Complainant, or voluntary attendance at counseling by the Respondent.

No record of an informal resolution will be entered into a staff, faculty or student file. The Harassment Prevention Officer shall make a confidential annual report to the Complaint Review Committee summarizing the nature and disposition of complaints received, and may, if in his or her discretion it is considered appropriate, similarly provide a summary to the supervisor of any Respondents who are staff or faculty members of the College, or to the Dean of Students in the case of Respondents who are students.

Should the response from the Respondent fail to satisfy the Complainant, the Complainant may initiate the formal process described below. A Complainant may also forgo the informal process and proceed directly to the formal process.

(b) Formal Process

The Complainant may initiate a formal complaint at any time by completing the appropriate complaint form and providing it to the Harassment Prevention Officer. Upon receipt of a request for an investigation, the Harassment Prevention Officer will determine whether the alleged conduct, if proven, would constitute bullying and harassment or discrimination under this policy. If, in the opinion of the Harassment Prevention Officer, the alleged conduct would not constitute a violation of this policy, the Harassment Prevention Officer may decide not to proceed further and will notify the Complainant of that decision in writing.

If the Harassment Prevention Officer finds that the complaint, if proven, would constitute a breach of this policy, he or she will forward a copy of the request for investigation to the Respondent within one week of receipt of the request for investigation. The Harassment Prevention Officer will also notify the Complaint Review Committee that a request for investigation has been received.

Within two weeks of receiving a copy of the request for an investigation, the Respondent shall deliver a written response to the allegations against him or her to the Harassment Prevention Officer. The Respondent may include the following in his or her response:

1. make an admission or denial of all or part of the allegations contained in the request for investigation;
2. provide new information about the alleged incident(s); and
3. propose a resolution of the complaint.

Should the Respondent fail to offer a written response, the process will continue in any event.

Upon receipt of the Respondent's reply, or at the time prescribed by which the Respondent ought to have replied, the Harassment Prevention Officer will appoint an internal or external Investigator. Within one week of appointment by the Harassment Prevention Officer, the Investigator will begin his/her investigation, which will include:

1. confidential interviews with the Complainant and Respondent;
2. confidential interviews with any witnesses considered relevant by the Investigator;
3. review of any documents considered relevant by the Investigator; and
4. review of any written submissions of the Complainant and Respondent.

The Investigator, on a confidential basis, will provide the Complainant and Respondent with a summary of evidence received from witnesses, to which the Complainant and Respondent may reply as part of the investigative process.

If more than one complaint has been lodged against a Respondent, the complaints may be investigated together.

Within one month of his or her appointment, the Investigator will submit a final report to the Complaint Review Committee. That report will include:

1. A summary statement of the background of the case;
2. Copies of the Request for Investigation and the Respondent's reply to the Request for Investigation;
3. Copies of any written submissions of the parties;
4. A summary of evidence of the Complainant and Respondent arising from interviews with the Investigator and/or written submissions of the parties;
5. A summary of evidence of other witnesses interviewed by the Investigator;
6. Copies of any documents reviewed by the Investigator in the course of the investigation;
7. The Investigator's assessment of the credibility of the parties and witnesses;
8. A recommendation for disposition of the complaint, including whether a finding of harassment and/or discrimination ought to be made, and disciplinary or remedial measures, if any.

The Complaint Review Committee will make a binding decision within one month of receiving the Investigator's report and will identify any disciplinary or remedial measures to be taken.

Both the Investigator and Complaint Review Committee will apply the "reasonable person test" in their determinations. That is, they will consider whether a reasonable person in roughly the same position as the Complainant would interpret the Respondent's words, displays or behaviour to constitute a breach of this policy, not whether the particular Complainant considers a breach to have occurred.

The Complaint Review Committee will provide a written report of its decision and any measures taken with supporting reasons to the Harassment Prevention Officer, the Complainant, Respondent and the Respondent's supervisor or Dean in the case of staff and faculty. The written report of the Complaint Review Committee will become part of the employee’s file.

(c) Role Substitutions

In the case of a complaint alleging bullying, harassment or discrimination by the Harassment Prevention Officer, the Academic Dean will assume the role of the Harassment Prevention Officer outlined in this policy and will excuse himself or herself from his or her role as a member of the Complaint Review Committee pertaining to that complaint(s).

In the case of a complaint alleging bullying, harassment or discrimination by a member of the Complaint Review Committee, the Executive Committee of the Board of Governors will assume the role of the Complaint Review Committee outlined in this policy.

Any member of Complaint Review Committee who has played a role in the investigation or administration of the complaint shall not participate in its disposition.

In the case of a complaint alleging bullying, harassment or discrimination by a faculty member, the Investigator will not be a faculty member. In the case of a complaint alleging bullying, harassment or discrimination by a staff member, the Investigator will not be a staff member.

9. DISCIPLINARY AND REMEDIAL MEASURES

Disciplinary and remedial measures will be appropriate to the offence and circumstances surrounding it, and may include, without limitation, a letter of reprimand, apology to the Complainant, mandatory remedial education or counselling; suspension or dismissal/expulsion. Considerations in determining disciplinary and remedial measures may include academic or work history, previous proven breaches of this policy, relationship of the parties, the number and seriousness of incident(s), their impact on the Complainant, and the Respondent's intent.

10. APPEAL OF THE DISPOSITION OF A FORMAL COMPLAINT

Any Complainant or Respondent who disagrees with the disposition of a formal complaint or the investigation process has the right to an appeal. All appeals must be submitted in writing to the President of Regent College within ten working days of receiving the original decision, and must specify the grounds and nature of the appeal.

Upon receipt of the appeal, the President shall advise the Chair of the Board of Governors, who will appoint two members of the Board of Governors to conduct any investigation necessary to determine if grounds for an appeal exist. If grounds for an appeal are found, the Chair of the Board will be notified and will appoint a three person panel of the Board to hear the appeal and issue a binding decision.

11. FRIVOLOUS AND VEXATIOUS COMPLAINTS

If at any time the Harassment Prevention Officer, Investigator or Complaint Review Committee determines that the complaint is frivolous, vexatious or brought in bad faith, the complaint shall be dismissed and the Complaint Review Committee will decide what disciplinary or remedial measures, if any, will be imposed on the Complainant.

12. RETALIATION

Regent College will ensure there is no retaliation or threat of retaliation related to any good faith complaint or participation in any process under this Policy. Any retaliation or threat of retaliation against a person who, in good faith, makes a complaint, enforces a right or participates in an investigation or other process under this Policy will be treated in the same manner as harassment.

Retaliatory behaviour includes (but is not limited to):

• unwarranted criticism of a person's job performance;
• the unjustified reassignment of a person to a different department, job or set of responsibilities;
• the failure to extend to a person opportunities available to others; or
• the refusal to work with a person.

Retaliatory behaviour does not include:

• good faith job performance assessment and counselling;
• normal work related comments and instructions;
• discipline for just cause; or
• responding in good faith to a complaint made under this Policy. 
  

13. CONFIDENTIALITY

All persons involved in a complaint and its investigation and resolution are expected to maintain confidentiality to the greatest extent permitted by law.

14. LEGAL COUNSEL AND SUPPORT PERSON

The Complainant and Respondent may be accompanied by a support person of their choice, including legal counsel, at any stage of the formal or informal process.

15. REVISION TO INFORMAL PROCESS

At any time, and with the consent of both the Respondent and Complainant, the formal process may revert to the informal process.

16. WITHDRAWAL OF COMPLAINT

The Complainant may withdraw the complaint at any time. The process of investigation, decision and penalty may continue after the complaint is withdrawn, at the discretion of the Harassment Prevention Officer or Complaint Review Committee.