Policy and Procedures to Address Complaints of Discrimination and Harassment

1. Introduction - Purpose:

        a. Parkland Ukrainian Dancers Society (“PUDS”) is committed to providing an environment based on honesty, respect, and dignity of the person, which is free from discrimination, harassment, and sexual harassment and       bullying.   Individuals have the right to work, volunteer, dance, and learn in a safe environment. 

        b. This policy defines and describes discrimination based on the Alberta Human Rights Act, R.S.A. 2000 c. A-25-.5, as amended: and, harassment (including sexual harassment and bullying) based on the Alberta Occupational     Health and Safety Act S.A 2017 C.0-2.1. Nothing in this Policy prevents anyone from contacting appropriate officials to report a violation under the Alberta Human Rights Act, the Alberta Occupational Health and Safety, Act or     other applicable laws. This Policy does not override applicable provincial or federal laws. Where there are inconsistencies, the applicable laws will prevail.

        c. PUDS maintains the exclusive right to amend this Policy. 

2. Scope:

         d. This Policy contains definitions of discrimination and harassment (including sexual harassment and bullying), and outlines the expectation for reporting an incident(s); options for resolution; investigation of a complaint;   and, corrective or disciplinary responses, if warranted. 

        e. PUDS will enforce this Policy within all levels of the club, including dancers, instructors, Executive members, and volunteers that perform work or assist with the operations of PUDS.

        f. This Policy applies to PUDS whether at PUDS practice location or at another site. 

        g. This Policy applies to all interactions and communications, including, but not limited to: 

            a) Executive meetings and AGM meetings

            b) Rehearsals

            c) Classes and workshops

            d) Performances

        e) PUDS authorized events

        f) Travel, arrivals and departures from rehearsals, classes, performances or events.

3. Definitions: 

        h. The following definitions apply under the Policy:

  “The Executive” (Board) means the group responsible for providing governance and oversight of the management and operations of PUDS. 

  “Executive President” means the person elected to the position of President under the Bylaws of the Parkland Ukrainian Dancers Society

  “Vice President” means the person elected to the position of Vice President under the Bylaws of the Parkland Ukrainian Dancers Society. 

  “Complainant” means the party or parties described in Section Vl of this Policy.

  “Respondent” means the party or parties described in Section Vl of the Policy.

  “Instructor(s)” means the position that provides creative direction, leadership, creates choreography, and instructs choreography to each dance group within PUDS

  “Bullying” means acts that include repeated incidents, or a pattern of behavior, intended to create fear, intimidate, ridicule, degrade, devalue, humiliate, embarrass, undermine, or isolate a person or group of people. Bullying is   often used in conjunction with harassment; however, there can be subtle differences. 

  “Discrimination” means any act, omission, threat, or policy based on the grounds of race, colour, ancestry, place of origin, religious belief, gender, gender identity, gender expression, sexual orientation, age, physical disability,   mental disability, marital status, family status, or source of income. 

  “Harassment” is any single incident or repeated incidents of objectionable or inappropriate conduct, comment, gesture, or action by a person that knows or ought reasonably to know will or would cause offense or humiliation to   another person. The behaviour need not be intentional to be considered harassment. 

       Harassment includes any form of bullying, personal harassment or sexual harassment. 

       Common examples of bullying and personal harassment include, but are not limited to: 

            a) verbal abuse, swearing, yelling;

            b) name-calling, epithets, slurs, gestures, derogatory jokes or comments;

            c) engaging in rumours and gossip;

           d) innuendo or teasing about a person’s looks, body, attire, age, race,   religion, gender, gender identity, or sexual orientation;

           e) condescending, patronizing, threatening or punishing actions that undermine self-respect, diminish participation, or endanger a person’s emotional safety;

          f) physical blocking of normal dance movement or interfering with work;

          g) refusing to work with or have contact with persons. 

      Common examples of sexual harassment include, but are not limited to:

          a) unwelcome or uninvited remarks, gestures, requests or demands to engage in behaviour of a sexual nature, whether explicit or indirect;

          b) unwelcome or unnecessary physical contact including, touching, patting, rubbing or pinching;

          c) visual conduct such as staring or leering;

         d) displaying or circulating pornographic or explicitly discriminatory material such as derogatory or offensive pictures or graffiti;

         e) displaying or circulating sexually suggestive posters, photographs, cartoons, drawings, emails, texts, or other social mediums; 

         f) threats, intimidation, or use of physical force or violence;

         g) any form of physical assault;

         h) any form of sexual assault. 

      Examples of what is NOT considered harassment:

          a) A single or isolated incident such as an inappropriate remark or having an abrupt manner. 

         b) Actions that are part of an Executive’s or Instructor’s functions, including changing assignments, scheduling, assessing and evaluating performance, and implementing health and safety measures; all of which , if done   reasonably and fairly, should not be considered harassment. 

         c) Reasonable actions considered to be part of an Executive’s or Instructor’s work functions that include corrective or disciplinary action such as dismissing, suspending, demoting, or reprimanding with just cause, should not   be considered harassment. 

          d) Social interaction based on mutual respect, consent and attraction where no intimidation is involved. 

          e) Mutually acceptable friendly gestures such as a hug or pat on the back. 

          f) A social relationship welcomed by both individuals. 

         g) Mutually acceptable flirtation is not sexual harassment. 

         h) To help dancers improve, Instructors, and Intern-Instructors may adjust a dancer’s form or massage a dancer’s muscles to help break up lactic acids. Any excessive touching, unwanted touching or unwelcome massaging   out of the contexts is inappropriate. 

4. Confidentiality

           i. PUDS recognizes the sensitive and private nature of discrimination and harassment (as defined under Section 3). It can be extremely difficult to come forward with a complaint. It can be devastating to be wrongly accused   of such conduct. PUDS recognizes the interests of the Complainant and the Respondent in maintaining confidentiality (as defined under Section 3).

          j. Under the Policy, or as required by law, PUDS will maintain confidentiality , to the greatest extent possible, of all personal information of those involved in a complaint, an investigation, and resolution, including any decisions   in such investigations. PUDS may make an exception in circumstances where the President, Vice President, the Executive, or Instructor(s)  believes that a person is at immediate risk of self-harm or harm to others. 

          k. PUDS will maintain and retain all records pertaining to a complaint in compliance with Section 11 and in a confidential manner, except to the extent that any disclosure of information is necessary for the purposes of   investigating the complaint, or taking corrective or disciplinary action, or as required by law. 

5. Reporting Discrimination or Harassment (Without Fear of Retaliation)

           l. It is unlawful to retaliate against anyone who , in good faith, makes a complaint of discrimination or harassment, or anyone who has given evidence to support of, or against, a complaint. This applies whether, under Section   13, an Investigator determines a complaint to be founded, unfounded or unsubstantiated. 

6. Procedure for Addressing a Complaint

           m. A person who experiences discrimination or harassment (defined in Section 3 as the “Complainant”) is first encouraged to address the harasser or harassers (referred to in Section 3 as the “Respondent”) and request that   the behaviour stop. If the behaviour continues, or if this is not possible, the Complainant is encouraged to report the incident or incidents to the Executive President or the Executive Vice President. Should the Instructors be the   first to receive the complaint, the Executive President must be advised immediately. 

           n. A complaint brought against any member of the Executive will be directed to the Executive President and managed in accordance with this Policy and the PUDS Bylaws. In the event a complaint is brought against the   Executive President, it will be directed to the Past President and managed in accordance with this Policy and the PUDS Bylaws.

           o. A complaint brought against an Instructor or Instructors, another club member, a dancer or anyone under contract with PUDS, will be dealt with by the Executive President and/or Vice President.  

           p. Within five calendar days after the initial report, the Complainant will provide a written, signed, and dated statement setting out the date or dates of the alleged discrimination or harassment; the location; the facts of the   complaint; the name of the Respondent; and, the names of possible witnesses. The Complainant will deliver their statement to the Executive President, who will then provide the statement to the Executive as notification of a   complaint. 

           q. A copy of the complaint will be provided to the Respondent as soon as possible (after being received by the Executive President and Executive).

           r. The Respondent will provide to the Executive President, within 14 calendar days, a written and signed response to the Complainant’s statement (“Response”).

           s. The Executive President will provide a copy of the Response to the Complainant immediately.

           t. Should circumstances require a time extension under Sections 6,7,8 or 9, the person requesting an extension must document the reason for the extension and the additional period required. The Executive President will   review and may approve a request for extension after discussion with the Executive. 

           u. Considering the role of the Executive President and Vice President in handling day-to-day issues of conduct, the Executive President and/or Vice President will advise the Executive that a complaint was received and is   being managed in accordance with this Policy, including the provision of Confidentiality. The names, written statements, and response will be provided to the Executive. 

           v. The limitation period for reporting a complaint of discrimination or harassment is two years from the date of the alleged conduct. 

7. Mediation

           w. Mediation is a voluntary and confidential step in an attempt to resolve a complaint in a mutually agreeable manner. 

           x. The Executive shall appoint a third party with appropriate training and experience to act as Mediator to resolve a complaint. The Executive may consult with each other when appointing a Mediator. 

           y. The Executive Vice President, if requested by the Mediator, assists the Mediator in obtaining necessary dance-movement information. The Executive President will assist the Mediator in obtaining necessary documents as   requested. 

           z. The Complainant and Respondent each have the right to be accompanied and assisted by another person, of their choosing, during mediation. A parent or guardian will accompany a minor. 

           aa. Once a Mediator is appointed, the process will be completed within 60 calendar days, unless it is necessary to extend this period. If resolved sooner, the Mediator will advise the Executive President immediately. 

           bb. The Executive President will report to the Executive every 30 calendar days until the complaint is resolved or immediately upon resolution. 

8. Investigation 

           cc. In the event the complaint cannot be resolved through mediation, or if mediation is inappropriate, as determined by the Mediator, and within seven calendar days of mediation not being resolved, the complaint will   proceed to an investigation. 

           dd. The Executive will appoint an investigator. The Executive President will assist the Executive by providing the Investigator with a copy of the written Complaint and written Response.

           ee. The Investigator will be a third party who has appropriate training and experience when dealing with complaints of discrimination and harassment. The Investigator will interview the Complainant, Respondent, and   witnesses or parties with knowledge of any incidents pertaining to the complaint. All parties involved will have the ability to review their statement for accuracy, as recorded by the Investigator. 

           ff. Together with the Executive President, the Investigator will provide a possible period within which the report may be completed. The Investigator's Report will include, at minimum: 

1. A description of the allegations;

2. A description of the Complaint and the Response. The investigator may attach a copy of the signed statement from the Complainant and Respondent; 

3. A summary of the information obtained from the Complainant, the Respondent, and witnesses;

4. A finding, based on a balance of probabilities, of founded, unfounded, or unsubstantiated. 

           gg. The Investigator’s findings will be submitted to the Executive President within seven calendar days of completion. 

                9. Disciplinary Measures

           hh. If the Investigator finds the Respondent did engage in conduct that is discriminatory or constitutes harassment, immediate disciplinary or corrective action will be taken in accordance with this Policy.

           ii. The Executive shall appoint three members from the Executive to a Discipline Committee. The Discipline Committee will consider and decide appropriate disciplinary measures. There shall be at least one male and at least   one female on the Discipline Committee. If there is  not a male on the Executive at the time, the Executive will appoint a club member in good standing to serve on the Discipline Committee.

           jj. The Discipline Committee will determine and document corrective or disciplinary measures within seven calendar days of receiving the Investigator’s report. 

           kk. Disciplinary measures may include, but are not limited to:

1. A request for a written apology by the Respondent to the Complainant;

2. A request to alter placement in choreography;

3. Reassignment of work or volunteer duties or tasks;

4. Restricted access to facilities, rehearsals or performances;

5. Suspension from PUDS for a defined period of time;

6. Expulsion from PUDS;

7. Any other action deemed appropriate in the circumstances. 

            ll. The Complainant and Respondent will receive a copy of the Investigator’s report and subsequent corrective or disciplinary measures within 14 calendar days of the Discipline Committee's decision. 

                  10. Appeal

            mm. There is no right of appeal.

                 11. Records Retention

            nn. This Policy will comply with PUDS Records Retention Policy and Records Retention Schedule. 

                  12. Review

            oo. This Policy will be reviewed every two years, or more often as deemed necessary by the Executive.