Harassment, Abuse and Violence Prevention Policies and Procedures

1. Introduction and Overview

Continuing the teaching ministry of Jesus Christ and inspired by the vision of Blessed Edmund Rice, St. Thomas More Collegiate is a community of faith and learning. The community is comprised of students, their families, faculty, staff and volunteers. As such, St. Thomas More Collegiate fosters an environment which promotes the dignity, equality and safety of all members of the community.

The community is promoted by mutual respect and an appreciation of the individuality of each person. It is undermined by harassment, abuse and violence, whether perpetrated by students, faculty, staff or volunteers. Accordingly, the School is committed to fostering awareness of the rights and obligations of its students, faculty, staff or volunteers regarding harassment, abuse and violence, and to act fairly and decisively in identifying and dealing with such behaviors where it may have occurred.

2. Policy

All members of the St. Thomas More Collegiate ("STMC") community have the right to work and study in a safe environment, free from harassment, abuse and violence. Accordingly, no member of the STMC community shall engage in conduct that constitutes harassment, abuse or violence. This policy also applies to any STMC sanctioned activities such as extracurricular activities and field trips.

Definitions:

(a) "Harassment" includes any conduct directed to an individual or group of individuals that is known or is ought reasonably to be known to be unwelcome. Bullying and Sexual harassment are forms of Harassment. Harassment may be physical (such as touching, pushing, interfering with an individual's ability to move freely, or otherwise encroaching on another's personal space), or verbal (such as teasing, name calling, threats, offensive comments designed to exclude or marginalize the victim, or which are based on or invite discrimination based on race, ethnicity, gender, sexual orientation, or disability).

(b) "Sexual harassment" is a form of Harassment and includes the display of offensive materials of a sexual nature, including objects, cartoons, pictures, drawings or photographs; derogatory or degrading remarks directed towards members of one sex or one sexual orientation; unwelcome enquiries or comments about a person's sex life; and sexual flirtations, advances or propositions that are not freely and mutually agreeable to both parties.

(c) "Abuse and Violence" includes physical abuse and assaults, emotional abuse, sexual abuse, sexual assaults, sexual exploitation, and neglect. Sexual exploitation occurs when a teacher, staff member or any adult engages in a romantic or sexual relationship with a child or student (whether or not the student is a willing participant. Neglect means the failure by an adult who holds parental or guardian responsibilities to provide the necessities of food, shelter, clothing to their son, daughter, or other child or student that the adult has a legal obligation to provide such necessities to.

Students, faculty, staff or volunteers who disclose, report, or otherwise provide information in good faith regarding an alleged Harassment, Abuse or Violence may do so without threat or fear of reprisal.

3. Informal Resolution Procedure for Alleged Harassment

Any student, faculty or staff member, or volunteer who believes that he or she has been harassed ("Complainant") is encouraged to deal with the alleged offender by telling them to stop the offensive conduct. If such action fails to stop the behaviour, or if the Complainant:

(a) is unable to resolve the situation, or

(b) does not want to confront the alleged offender, or

then the Complainant should report the incident in accordance with the Complaint procedure described below.

4. Complaint Procedure

All complaints of Harassment, Abuse and Violence will be treated seriously and dealt with in accordance with this Policy and Procedures. Generally speaking all complaints will be treated confidentiality, investigated fairly and promptly, and will be followed up with appropriate action including, if warranted, discipline. Any Complainant who is a victim of, or believes that another student, faculty or staff member, or volunteer is a victim of Harassment, Abuse or Violence, should report the alleged Harassment, Abuse or Violence as follows:

(a) Students may report incidents of alleged Harassment, Abuse or Violence to one of the following: counselors, any teacher, or the vice-principal or principal.

(b) Any other Complainant may report incidents of alleged Harassment, Abuse or Violence to one of the following: a vice principal or the principal.

(c) Alternatively, any Complainant may seek help or report the alleged Harassment, Abuse or Violence by contacting the helpline for Children at 31-01234, or a Child Welfare Worker at the local Ministry of Child and Family Development office (see blue pages in the telephone book).

5. Procedures for Complaints of Harassment

(a) All complaints of alleged Harassment that are reported to counselors, ay teacher, or a vice-principal will be forwarded to the Principal1. If an informal resolution of the complaint cannot be achieved within 5 days of the complaint being made, the Principal or his or her designate (the "Investigator") will commence an investigation. At that point, the Complainant may be asked to put the complaint in writing.

(b) The Investigator will conduct an investigation; including interviewing the Complainant, the person or persons whom it is alleged were involved the Harassment, and anyone else the Investigator determines necessary to interview.

(c) The investigation will be conducted in a manner that ensures that the Complainant and other persons directly involved in the alleged Harassment have a fair opportunity to know what the other is saying and a fair opportunity to respond.

(d) Where it appears during the course of investigation, that the allegation or complaint may involve Abuse or Violence rather than Harassment or Harassment alone, the Procedures for Complaints of Abuse or Violence become applicable.

(e) The report of the Investigator's findings will be made available to the Complainant or victim of the alleged Harassment, and the alleged harasser(s). The report will also include recommendations as to the appropriate response to the Complaint which can include, but are not limited to

(i) dismissal of the Complaint,

(ii) the development and implementation of a remedial program of rehabilitation such as segregation of the affected parties and counseling, and

(iii) discipline up to and including suspension or expulsion from STMC (if a student) or termination of employment for cause (if a faculty or staff member).

(f) The Principal will determine the appropriate response to the Complaint of Harassment on a case-by-case basis.

(g) The filing of a malicious false complaint could result in disciplinary action, up to and including suspension or expulsion from STMC (if a student), or termination of employment (if a faculty or staff member) for cause.

6. Procedures for Complaints of Abuse or Violence

Allegations of Abuse and Violence, besides constituting a breach under this Policy, may also constitute:

(a) a criminal offence under the Criminal Code of Canada that must be reported to the police,

(b) professional misconduct of a teacher which must be reported to the BC College of Teachers pursuant to section 27.1 of the BC Teaching Profession Act, or

(c) child neglect or abuse that must be reported to the Ministry of Children and Family Development pursuant to section 14 of the BC Child, Family and Community Service Act.

The Ministry of Child and Family Development and/or the police have prime responsibility for the investigation of allegations of Abuse and Violence involving students. As a result, any STMC investigation (which would be based on the format referred to in Section 5 above), may have to be deferred or limited pending the completion of any children's aid or police investigation.

7. Other Resources

(a) Resources for Staff and Teachers: Responding to Child Welfare Concerns: Your Role in Knowing When and What to Report

(b) Resources for Students: Child Abuse Information Website (this website includes a helpline and resources for teens)

1 or if the allegation of Harassment is made against the Principal, the complaint will be forwarded to the Chair of the Board of STMC.