RESPECTFUL WORKSPACE POLICY
SECTION 3: POLICY ADMINISTRATION
SBTS will administer this policy on an ongoing basis, with an emphasis on education and proactive monitoring, and updating as needed to keep the policy current and effective.
The following elements are key to the administration of this policy.
I. OBLIGATIONS & SIGNIFICANT RISK
When SBTS determines that a workspace situation poses a significant risk to those exposed to it, it will act prudently and to the best of its ability to address this situation.
This may mean that the procedures outlined in this policy, including those specifying confidentiality, will be set aside.
SBTS has an obligation to investigate potential workspace harassment, workspace violence or workspace sexual harassment even in the absence of a formal complaint.
If an allegation is such that an outside agency, such as the police, would be a more appropriate avenue for response, SBTS may refer or recommend referral of the matter and suspend any further internal response.
II. TIMELINESS
The absolute best way to effectively address an alleged workspace problem is to respond quickly.
Once a production has closed, it becomes increasingly difficult to respond in a meaningful and effective way.
SBTS encourages anyone wishing to act under this policy to take the earliest possible opportunity to contact an HR Committee member.
III. TRAINING
SBTS will arrange for its HR Committee members to receive initial and periodic renewal training specifically geared toward response and support on the workspace issues addressed in this policy, as well as support and assistance for carrying out these responsibilities. Replacements, as needed, will be appointed and trained in a timely manner.
IV. CONFIDENTIALITY
SBTS understands that it is difficult to come forward with a complaint of bullying, harassment, sexual harassment or discrimination.
SBTS staff, Board Members, and any third-party professionals (as required) involved in a workplace complaint will maintain confidentiality except as necessary to protect SBTS personnel, investigate complaints and take corrective action or as otherwise required by law.
Those involved in the investigation, including witnesses, will be advised that all information discussed during the proceedings will, to the extent possible, be handled discreetly in order to ensure a fair process for all parties involved.
Records pertaining to any application of this policy will be held in strict confidence.
V. ANONYMITY
Confidentiality does not mean anonymity.
It may be possible, in some circumstances, to maintain the anonymity of a party to a complaint.
However, a fundamental principle of fairness in complaint proceedings is that the respondent must be able to knowledgeably address the details of a complaint, and that will likely involve informing them of the identity of the complainant.
SBTS will ensure mechanisms and strategies to address and respond to concerns and fears of reprisal as per provisions under Obligations & Significant Risk above.
VI. CONFLICT OF INTEREST
A single HR Committee member may not work with both the respondent and complainant on an issue; two HR Committee members must be assigned.
Similarly, HR Committee members may not serve on a matter, in which they have a personal relationship with one of the parties or where involvement might place them in any other conflict of interest.
VII. IMPACT vs. INTENT
In all matters of gauging alleged negative workspace behaviours, the impact of the behaviour or condition will be considered to be of primary importance, rather than the intent behind the behaviour or condition.
VIII. WITHDRAWING A COMPLAINT
A complainant may withdraw a complaint at any stage in the response process.
However, SBTS may continue to act on the issue identified in the complaint in order to comply with its obligations under law.
IX. COMPLAINTS MADE IN BAD FAITH
Complaints which are trivial, frivolous, vexatious or made in bad faith will result in prompt termination of the response process. In the case where such a complaint has been made by SBTS personnel under contract, disciplinary proceedings may also be considered.
X. POLICY REVIEW
The organization’s Board of Directors will review this policy at least every three years.
The policy may also be reviewed and revised as appropriate (e.g., in the case of a significant revision of an agreement or applicable legislation, or as a result of finding that a procedure contained in the policy is either contrary to legal practises or inoperable).
XI. COSTS
SBTS shall be responsible for the costs of the administration of this policy including the costs of any mediation or investigation services, incurred by SBTS on behalf of those protected by the policy. All parties retaining independent legal counsel or assistance shall do so at their own expense.
XII. ACCOMMODATIONS FOR FORMAL AND INFORMAL COMPLAINTS
In order to ensure procedural equity and so that parties can fully access and participate in the complaints and resolution procedures outlined above, SBTS will ensure accommodation of the special needs of all persons involved (e.g., documents in alternative formats, off-site and afterhour meetings, interpretation and translation).
The following elements are key to the administration of this policy.
I. OBLIGATIONS & SIGNIFICANT RISK
When SBTS determines that a workspace situation poses a significant risk to those exposed to it, it will act prudently and to the best of its ability to address this situation.
This may mean that the procedures outlined in this policy, including those specifying confidentiality, will be set aside.
SBTS has an obligation to investigate potential workspace harassment, workspace violence or workspace sexual harassment even in the absence of a formal complaint.
If an allegation is such that an outside agency, such as the police, would be a more appropriate avenue for response, SBTS may refer or recommend referral of the matter and suspend any further internal response.
II. TIMELINESS
The absolute best way to effectively address an alleged workspace problem is to respond quickly.
Once a production has closed, it becomes increasingly difficult to respond in a meaningful and effective way.
SBTS encourages anyone wishing to act under this policy to take the earliest possible opportunity to contact an HR Committee member.
III. TRAINING
SBTS will arrange for its HR Committee members to receive initial and periodic renewal training specifically geared toward response and support on the workspace issues addressed in this policy, as well as support and assistance for carrying out these responsibilities. Replacements, as needed, will be appointed and trained in a timely manner.
IV. CONFIDENTIALITY
SBTS understands that it is difficult to come forward with a complaint of bullying, harassment, sexual harassment or discrimination.
SBTS staff, Board Members, and any third-party professionals (as required) involved in a workplace complaint will maintain confidentiality except as necessary to protect SBTS personnel, investigate complaints and take corrective action or as otherwise required by law.
Those involved in the investigation, including witnesses, will be advised that all information discussed during the proceedings will, to the extent possible, be handled discreetly in order to ensure a fair process for all parties involved.
Records pertaining to any application of this policy will be held in strict confidence.
V. ANONYMITY
Confidentiality does not mean anonymity.
It may be possible, in some circumstances, to maintain the anonymity of a party to a complaint.
However, a fundamental principle of fairness in complaint proceedings is that the respondent must be able to knowledgeably address the details of a complaint, and that will likely involve informing them of the identity of the complainant.
SBTS will ensure mechanisms and strategies to address and respond to concerns and fears of reprisal as per provisions under Obligations & Significant Risk above.
VI. CONFLICT OF INTEREST
A single HR Committee member may not work with both the respondent and complainant on an issue; two HR Committee members must be assigned.
Similarly, HR Committee members may not serve on a matter, in which they have a personal relationship with one of the parties or where involvement might place them in any other conflict of interest.
VII. IMPACT vs. INTENT
In all matters of gauging alleged negative workspace behaviours, the impact of the behaviour or condition will be considered to be of primary importance, rather than the intent behind the behaviour or condition.
VIII. WITHDRAWING A COMPLAINT
A complainant may withdraw a complaint at any stage in the response process.
However, SBTS may continue to act on the issue identified in the complaint in order to comply with its obligations under law.
IX. COMPLAINTS MADE IN BAD FAITH
Complaints which are trivial, frivolous, vexatious or made in bad faith will result in prompt termination of the response process. In the case where such a complaint has been made by SBTS personnel under contract, disciplinary proceedings may also be considered.
X. POLICY REVIEW
The organization’s Board of Directors will review this policy at least every three years.
The policy may also be reviewed and revised as appropriate (e.g., in the case of a significant revision of an agreement or applicable legislation, or as a result of finding that a procedure contained in the policy is either contrary to legal practises or inoperable).
XI. COSTS
SBTS shall be responsible for the costs of the administration of this policy including the costs of any mediation or investigation services, incurred by SBTS on behalf of those protected by the policy. All parties retaining independent legal counsel or assistance shall do so at their own expense.
XII. ACCOMMODATIONS FOR FORMAL AND INFORMAL COMPLAINTS
In order to ensure procedural equity and so that parties can fully access and participate in the complaints and resolution procedures outlined above, SBTS will ensure accommodation of the special needs of all persons involved (e.g., documents in alternative formats, off-site and afterhour meetings, interpretation and translation).