Introduction
Sexual harassment may occur both within and across different sectors of the University. Because of the nature of the charges and the possible consequences for the complainant and the respondent, the university has adopted a set of procedures for handling these kinds of complaints. Such incidents may involve male and female students, staff or faculty. In instituting these procedures, the University recognizes its responsibility not only to deal effectively and fairly with all complaints but also to teach members of the community to work toward eliminating all forms of sexual harassment.
DefinitionsThe very nature of sexual harassment has fostered a number of definitions. A restatement of some of these, as well as a summary of Mount Saint Vincent University’s position, will support the educational intent of this policy as well as inform the discussion and investigation of complaints within the institution.
A. CAUT GUIDELINES ON PROFESSIONAL ETHICS AND PROFESSIONAL RESPONSIBILITIESThe Canadian Association of University Teachers (CAUT) has adopted a policy statement entitled “Abuse of Professional Authority: Sexual Harassment.” While Mount Saint Vincent University has adopted the CAUT’s definition of sexual harassment, other aspects of the policy statement should be noted. Focused on the behaviour of faculty, the statement includes the following clauses:
a. Sexual harassment is defined herein as a violation of the Policy on Professional Ethics and Professional Relationships.
b. Members of the academic community have a responsibility to co-operate in the creation of a climate in which sexual harassment does not occur. They should not engage in practices that appear to condone or do condone sexual harassment through active encouragement of unacceptable behaviour or by implied acceptance of or support for offensive behaviour.
c. These principles are not intended to inhibit normal social relationships or freedom of expression that are in accord with professional ethics as set out in the CAUT Policy Statement on Professional Ethics and Professional Relationships. An individual entering or involved in a sexual relationship with a consenting adult who will be or is subject to that individual for evaluation or supervision should decline or terminate the supervisory or evaluative role.
B. CANADIAN HUMAN RIGHTS ACT: COMMISSION POLICY ON GENERAL HARASSMENTHarassment may be related to any of the discriminating grounds contained in the Canadian Human Rights Act. Such behaviour may be verbal, physical, deliberate, unsolicited or unwelcome; it may be one incident or a series of incidents. While the following is not an exhaustive list, harassment may include:
• verbal abuse or threats
• unwelcome remarks, jokes, innuendos or taunting about a person’s body, attire, age, marital status, ethnic or religious origins, etc.
• the displaying of pornographic, racist or other offensive or derogatory pictures
• practical jokes that cause awkwardness or embarrassment; unwelcome indirect or explicit invitation or requests; intimidation
• leering or other similar unwanted gestures
• condescension or paternalism that undermine self-respect
• unnecessary physical conduct such as touching, patting, pinching, punching,
physical assault
C. A CODE OF ETHICS ON SEXUAL HARASSMENT: MODIFIED GUIDELINES TAKEN FROM THE ORGANIZATION OF AMERICAN HISTORIANS
a. Sexual harassment within academe is unethical, unprofessional and threatening to academic freedom and an individual’s integrity. In the academic context, the term “sexual harassment” may be used to describe a wide range of behaviours. It includes but is not limited to the following: generalized sexists remarks or behaviour, whether in or out of the classroom; requests for sexual favours, sexual advances, whether sanction free, linked to reward or accompanied by threat of retaliations; the use of authority to emphasize the sexuality or sexual identity of a student or any other member of the university community in a manner that prevents or impairs that individual’s or the employee’s right to full enjoyment of education benefits, climates or opportunities; and sexual assaults. Such behaviours are unacceptable because they are forms of unprofessional conduct that seriously undermine the atmosphere of trust essential to the academic enterprise.
b. The potential for sexual harassment is not limited to incidents involving members of the teaching profession and students. Use of asymmetric power by individuals, resulting in sexual harassment of colleagues or staff, is also unethical and unprofessional.
c. Further, it is unprofessional behaviour to condone sexual harassment or to disregard complaints of sexual harassment from students, staff or colleagues. Such actions allow a climate of sexual harassment to exist and seriously undermine the atmosphere of trust essential to the academic enterprise.
II. In addition to sexual harassment, amorous relationships that might be appropriate in other circumstances are inappropriate and should be avoided when they occur between members of the teaching profession and any student for whom he or she has a professional responsibility. Implicit in the idea of professionalism is the recognition by those in positions of authority that in their relationships with students there is always an element of power. It is incumbent upon members of the professional not to abuse, nor seem to abuse, the power with which they are entrusted, since relationships between members of the profession and students are always fundamentally asymmetric in nature. Such relationships may have the effect of undermining the atmosphere of trust among students and faculty on which the educational process depends.
D. EMPLOYMENT EQUITY: A GUIDE FOR EMPLOYERS (FEDERAL GOVERNMENT OF CANADA)Any sexually related act, practice, comment or suggestion that injures, humiliates, insults or intimidates invades personal privacy, undermines job performance or threatens economic livelihood.
For more information, please also see Article 14 of the Collective Agreement.