Preamble:

The following points comprise the CESA Council and Extended Council Code of Conduct. These articles were composed in reference to the AMS Policy Manual Part 1: Procedures Policy and have been adapted for CESA purposes. Failure to comply with this policy is grounds for removal from a Council or Extended Council position, as outlined in section 5.05 of the CESA Constitution.

1. GENERAL

1.01 CESA Council and Extended Council are committed to supporting efforts and measures that strive toward establishing a harassment and discrimination-free environment throughout Queen’s University. CESA Council and Extended Council recognize that all members of the Association have the right to be free from harassment and discrimination. CESA Council and Extended Council seek to actively prevent harassment and discrimination by educating its members as to what constitutes such behaviour.

1.02 Within Con-Ed, the Equity Affairs Commissioner and Equity Outreach Director works in conjunction with the AMS Social Issues Commission as the primary resource base for human rights-related education, but the responsibility for ensuring CESA members understand their rights and responsibilities lies with all those holding CESA leadership positions. CESA and this policy rely heavily on the Queen’s University Harassment/Discrimination Policy and Procedure approved by the Senate in March 2000 and ratified by the Board of Trustees in 2000. CESA Council and Extended Council also recognizes the central role played by the Queen’s University Human Rights Office and relies on that Office for its guidance and professional expertise in matters of harassment/discrimination wherever and whenever possible.

1.03 CESA believes in the necessity of providing safeguards for its members against all forms of harassment and discrimination. This includes harassment and discrimination on the basis of race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sex, sexual orientation, age, marital status, family status and handicap (disability). Such harassment and discrimination has the purpose or effect of unreasonably interfering with an individual’s or a group’s work or academic performance, or of creating an intimidating, hostile or offensive working, living or academic environment. Individuals or groups who are not the direct target of the conduct in question may also suffer harassment and discrimination as a result of being present when such conduct takes place. In addition, CESA Council and Extended Council have the duty to do so under provincial and federal law.

1.04 Providing safeguards for its members against forms of harassment and discrimination includes a responsibility on the part of all those in supervisory or leadership positions to strive to create an environment free of harassment and discrimination for those for whom they are responsible for. Included within the ambit of that responsibility is an awareness of what constitutes unlawful discrimination, knowledge of the procedures that are in place for dealing with allegations of harassment and discrimination, and cooperation in the processing of complaints.

1.05 It also means that supervisors and leaders do not condone or ignore activities within their areas of responsibility which violate the rights of others, that they will ensure that all those for whom they have responsibilities are aware that any form of harassment and discrimination in all its manifestations is prohibited, and that any complaints will be attended to immediately and effectively.

2. DEFINITIONS

2.01 Harassment and discrimination

2.01.01 Harassment and discrimination are exacerbated where:

  • a) submission to such conduct is made or threatened to be made either explicitly or implicitly a term or condition of an individual’s participation,

  • b) submission to or rejection of such conduct is used or threatened to be used as a factor in hiring, volunteering, participation, or other decisions affecting that individual or as the basis for any other form of advantage or reprisal.

2.02 Sexual harassment

2.02.01 Sexual harassment means engaging in comment or conduct of a sexual nature which is known or ought reasonably to be known to be unwelcome. It includes but is not limited to:

  • a) sexual solicitations, advances, remarks, suggestive comments and gestures,

  • b) the inappropriate display of sexually suggestive pictures, posters, objects or graffiti,  

  • c) physical contact of a sexual nature (including sexual assault under the Criminal Code.)

  • d) sexual conduct that interferes with an individual’s dignity or privacy.

2.03 Race and Racism

2.03.01 By racism we mean the negative valuing, stereotyping, and discriminatory treatment of individuals and groups on the basis of their race.

  • a) Racism directed at any individual or group is unacceptable. In this Procedure, the term race is intended to focus on racial minorities and First Nations people

  • b) Racism can be detected by its effects. Racism can be manifested in both personal attacks and insults, and in the structure of social institutions. There is a well-known distinction between personal racism (insults, harassment and discrimination directed at an individual), and institutional or systemic racism (the conventional practices or structures of institutions which have the effect of excluding, or discriminating against individuals or groups, or of creating a hostile environment.) Thus, racism can be present in hostile acts, as well as in apparently neutral arrangements.

  • c) Racism may be intentional or unintentional. It can be the result of activity or arrangements that set out to discriminate or harm, or it can result from ignorance or inadvertence.

  • d) Racism involves carrying into effect one’s prejudices, resulting in discrimination, inequality and exclusion.

  • e) Racism may include, but is not limited to:      

    • i) behaviour such as the dissemination of hate literature, graffiti, racial slurs and jokes, derogatory remarks and gestures, and physical attacks,            

    • ii) bias in administrative decisions, employment, hiring and workplace practices,        

    • iii) behaviour which could reasonably be interpreted as offensive and patronizing, and as undermining self-respect or adversely affecting performance or working conditions,                        

    • iv) discrimination in the provision of goods and services, or access to premises, accommodation and other facilities

2.04 Heterosexism

2.04.01 Heterosexism is the negative valuing, stereotyping, and discriminatory treatment of individuals and groups who are lesbian, gay, bisexual or trans-identified, those perceived to be so, and those affiliated with them.

  • a) The expression of dislike, hate or fear based on heterosexism is known as homophobia. When directed at women it is referred to as lesbophobia. When directed at bisexual women and men it is referred to as biphobia.

  • b) Heterosexism can be detected by its effects. Heterosexism can be manifested in both personal attacks and insults and in the structure of social institutions. There is a distinction between personal heterosexism (insults, harassment and discrimination directed at individuals), and institutional or systemic heterosexism (the conventional practices which have the effect of excluding or discriminating against lesbians, gay men, bisexuals and trans-identified people as individuals and as groups, and which may create a hostile environment.) Thus, heterosexism can be present in hostile acts or comments, as well as in apparently neutral arrangements.

  • c) Heterosexism may be intentional or unintentional. It can be the result of activity or arrangements that set out to discriminate or harm, or it can result from ignorance or inadvertence.

  • d) Heterosexism involves carrying into effect one’s prejudices, resulting in discrimination, inequality and exclusion.          

  • e) Examples of heterosexism include, but are not limited to:

    • i) behaviour such as the dissemination of hate literature, graffiti, name calling, derogatory remarks, jokes and slurs, gestures and physical attacks,

    • ii) bias in administrative decisions, employment, hiring and workplace practice,

    • iii) behaviour, language or terminology which could reasonably be interpreted as offensive and patronizing and as undermining self-respect or adversely affecting performance or working conditions,

    • iv) discrimination in the provision of goods and services, or access to premises, accommodation and other facilities.

2.05 Transphobia

2.05.01 Transphobia is the negative valuing, stereotyping and discriminatory treatment of individuals who do not conform in appearance and/or identity, to conventional conceptions of gender. Trans-identified (transgendered) individuals, lesbians, gay men, bisexuals and their supporters are typically the targets of transphobia.

  • a) Transphobia can be detected by its effects. Transphobia can be manifested in both personal attacks and insults, and in the structure of social institutions. There is a distinction between personal transphobia (insults, harassment and discrimination directed at individuals) and institutional, or systemic, transphobia (conventional practices which have the effect of excluding or discriminating against individuals or a group). Thus transphobia can be present in hostile acts as well as in apparently neutral arrangements.

  • b) Transphobia may be intentional or unintentional. It can be the result of activity or      arrangements that set out to discriminate or harm, or it can result from ignorance or inadvertence.           

  • c) Transphobia is more than prejudice; it involves carrying into effect one’s prejudices,   resulting in discrimination, inequality and exclusion.

  • d) Examples of transphobia include, but are not limited to:                      

    • i) behaviour such as name-calling, slurs and jokes, derogatory remarks, gestures and physical attack,

    • ii) bias in administrative decisions, employment, hiring and workplace practices,

    • iii) behaviour, language or terminology which could reasonably be interpreted as patronizing and as undermining self-respect or adversely affecting performance or working conditions,

    • iv) discrimination in the provision of goods and services, or access to premises, accommodation and other facilities.

3. RAISING HARASSMENT/DISCRIMINATION CONCERNS

3.01 CESA encourages members of Council, Extended Council, volunteers and members at large with concerns of harassment or discrimination to address their concerns directly with persons with whom they are having difficulty with when they are able and feel safe doing so. If direct attempts to resolve the issue are not working or are not possible, members are encouraged to seek informal assistance or advice from those in leadership/supervisory positions, the Equity Affairs Commissioner, or the Queen’s Human Rights Office. Such personnel will keep these consultations confidential. It is understood that raising or discussing an issue does not mean that a complaint is being lodged.


4. RESPONSIBILITY OF CESA LEADERSHIP AND SUPERVISORY PERSONNEL

4.01 All CESA members with leadership or supervisory responsibilities have the responsibility to advise anyone whom they believe has been harassed of their options and available assistance, if appropriate or if assistance is requested. If appropriate, they shall provide a copy of this policy and contact information for the Equity Affairs Commissioner and the Queen’s University Human Rights Office. If the harassment or discrimination is allegedly taking place within the leader/umbrella head’s area of responsibility, the leader/umbrella head may attempt steps to resolve the problem, in consultation with the Equity Affairs Commissioner and/or the Human Rights Office, while maintaining as much confidentiality as possible.

4.02 In the case of apparent group or systemic harassment or discrimination, leaders/supervisors may themselves raise concerns with the Equity Affairs Commissioners or the Human Rights Office on behalf of those allegedly harassed or discriminated against.

4.03 Such personnel may, without revealing the identity of the person involved, also seek advice from a Human Rights Office advisor as to how to proceed in those instances where a person alleging to have been subject to harassment or discrimination is unwilling to take the matter to an advisor.

4.04 CESA Council and Extended Council recognize that attempts to address concerns internally will not preclude individuals from raising concerns with the Human Rights Office and utilizing the University’s Harassment/Discrimination Complaint Policy and Procedure.

4.05 CESA Council and Extended Council shall ensure that all personnel in leadership and supervisory positions undergo human rights awareness training at the beginning of their term. This training shall be designed to orient them as to how to properly deal with situations of harassment and discrimination and the proper policies and procedures to follow.