PURPOSE

The Rick Hansen Foundation (RHF) strives to achieve the highest standards of ethical, moral and legal conduct.

We are committed to providing a positive, welcoming and inclusive workplace that is free from bullying, harassment and discrimination and to satisfy our obligations set out in the applicable human rights, workers' compensation and occupational health and safety legislation and regulations. This policy is in support of these objectives.

This policy is applicable to all employees, including supervisors, managers, executives and officers. It also covers all volunteers and others who work within RHF, including individuals and entities supported by RHF programs, service providers, contractors, and RHF board members, as well as all persons with whom RHF does business.

2. DEFINITIONS

Bullying and Harassment
Bullying and harassment is defined as any course of vexatious or inappropriate conduct or comment made by a person towards an employee that the person knew or reasonably ought to have known would be unwelcome and/or would cause the employee to be humiliated or intimidated, and includes workplace sexual harassment.

The term "person" includes any individual, whether or not they are employed directly by RHF. This means that a person could include an employee, supervisor, manager or co-worker, or a non-workplace person such as a member of the public, a client, a consultant, a vendor or anyone else that an employee comes into contact with at the workplace in their course of work.

Bullying and harassment may include:

• Verbal (for example, epithets, derogatory statements, racial slurs, derogatory comments or jokes, unwelcome sexual advances or requests for sexual favours);
• Physical (for example, assault or inappropriate physical contact);
• Visual (for example, displaying derogatory or sexually suggestive posters, cartoons or drawings, leering or making sexual or derogatory gestures);
• Online and electronic (for example, offensive computer screensavers and wallpapers, derogatory statements or sexually suggestive postings about another employee in any social media platform including Facebook, Twitter, Instagram, Snapchat, TikTok, etc.).

Examples of bullying and harassing behaviour may include, but are not limited to:

• Verbal aggression or yelling;
• Sabotaging someone's work; 

Rick Hansen Foundation Workplace Bullying, Harassment & Discrimination Policy

• Engaging in humiliating initiation practices;
• Physical assault or threats;
• Making personal attacks based on someone's private life and/or personal traits;
• Making aggressive or threatening gestures;
• Vandalizing personal belongings or work equipment;
• Spreading malicious gossip or rumors; and
• Calling someone derogatory names.

However, bullying and harassment does not include the reasonable exercise of functions that relate to supervision, direction and management of employees or in the place of employment. Examples of reasonable action include managing an employee’s performance, taking reasonable disciplinary actions, assigning work or workloads, evaluating work, work instruction, layoffs, promotions or reorganizations.

Bullying and harassing behaviour also does not usually include the following, provided that they are conducted in a manner that is reasonable in the circumstances:

• Expressing differences of opinion;
• Offering constructive feedback, guidance, or advice about work-related behaviour and performance; and
• Making a legitimate complaint about someone's conduct through established procedures.

Discriminatory Harassment
Discriminatory harassment means a type of bullying and harassment that concerns or relates to one or more of the protected grounds set out in the applicable human rights legislation such as race, colour, ancestry, place of origin, political belief, religion, marital status, family status, physical or mental disability, sex, sexual orientation, gender identity or expression, or age, or any other prohibited ground set out in such legislation.

Examples of conduct that may be regarded as discriminatory harassment may include, but are not limited to:

• Cartoons or other visual displays of objects, pictures or posters that depict such protected groups in a derogatory way;
• Verbal conduct, including making or using derogatory comments, epithets, slurs, jokes and/or innuendo toward such groups; and
  Adverse actions against an employee, based on any employees' participation in activities identified with or promoting the activities of any protected group.

Sexual Harassment

Sexual harassment is another type of discriminatory harassment. Sexual harassment is a course of unwelcome conduct that is sexual in nature that may detrimentally affect the work environment or lead to adverse job-related consequences, and includes:

• Engaging in a course of vexatious or inappropriate conduct or comment against an employee because of their sex, sexual orientation, gender identity or gender expression, where the course of comment or conduct is known or ought reasonably to be known to be unwelcome and/or humiliating or intimidating; or
• Making a sexual solicitation or advance where the person making it is in a position to confer, grant or deny a benefit or advancement to the employee and the person knows or ought reasonably to know the solicitation or advance is unwelcome.

Rick Hansen Foundation Workplace Bullying, Harassment & Discrimination Policy

Examples of sexual harassment may include, but are not limited to:

• Derogatory or demeaning comments, jokes or innuendo of a sexual nature;
• Unwanted physical contact, which is sexual in nature, or sexually suggestive gestures;
• Offensive remarks about sexual orientation;
• Display on company property of sexually suggestive objects, pictures or written material;
• Sexual solicitation or advance made by a person in a position to confer, grant or deny a benefit or advancement; o
• Sexual assault.

3. PROCEDURES AND POLICY

RHF will handle all incidents and complaints of bullying and harassment, including discriminatory harassment and sexual harassment, in a procedurally fair, timely and confidential manner. Information about an incident or complaint will not be disclosed except to the extent necessary to protect employees, to investigate the incident or complaint, to ensure a fair process, to take corrective action or as otherwise required by law.

Informal Resolution

3.1 If the employee is comfortable with doing so, they may speak with the alleged bully or harasser and let them know, in a reasonable and appropriate manner, that their conduct or comment was unwelcome and should stop immediately.
3.2 If the employee is unable or does not want to address the alleged bully or harasser directly or if after addressing the alleged bully or harasser directly the conduct or commentary does not stop, the employee should discuss the matter with their supervisor/manager or Director. The supervisor/manager or Director should then inform the Director, HR as soon as possible to seek their assistance and to ensure that the matter is documented and addressed. The supervisor/manager and the Director, HR may consider, with the employee’s consent, whether it is appropriate to attempt to resolve the matter informally.
3.3 If the alleged bully or harasser is the employee’s supervisor/manager or Director, the employee may discuss the matter with their VP, Director, Human Resources (HR), Chief Financial Officer (CFO) & VP, Operations, Chief Executive Officer (CEO), or the designated Board member.
3.4 The informal resolution of a matter will be documented and retained in a confidential file by HR, or by such other person designated by the CEO.

When to Make a Complaint

3.5 If the employee does not feel comfortable pursuing informal resolution or if the circumstances of the matter make informal resolution inappropriate, the employee may make a formal complaint.
A formal complaint should be made as soon as possible after the bullying or harassment occurs as this will help the incident to be investigated and addressed promptly. Failure to make a prompt and timely formal complaint may impact RHF’s ability to conduct an investigation or otherwise proceed with addressing the matter in a fair and timely manner.

How to Make a Complaint

3.6 A complaint of bullying and harassment may be made by telephone, email, virtually or in person to any of the following persons:

• Rita Keeler, Director, HR: 778-296-1556, rkeeler@rickhansen.com

Rick Hansen Foundation Workplace Bullying, Harassment & Discrimination Policy

• France Gagnon, CFO & VP, Operations: 778-296-1527,
  fgagnon@rickhansen.com
• Doramy Ehling, CEO: 778-296-1507, dehling@rickhansen.com
• Board Member: please contact Rita or France

These contacts may change from time to time and any such changes will be posted on SharePoint.

3.7 A complaint of bullying and harassment may be made in writing or verbally. A workplace bullying and harassment complaint form is located on BambooHR and should be used to for complaints submitted in writing.

The written complaint should include:

• The name of the Complainant;
• The name of the Respondent;
• The names of any witnesses;
• The location, date, and time of the incident(s);
• Details about the incident(s) including behaviour and/or comments; and
• Attachments of any supporting documents such as emails, handwritten notes, photographs or physical evidence.

3.8 When a verbal complaint is made, the member of the Investigation Team receiving the complaint will make handwritten notes during the meeting and confirm the accuracy of the notes with the Complainant before the meeting ends. A member of the Investigation Team will sign and date the notes with a notation to confirm the Complainant’s agreement that the notes accurately reflect their comments. The notes will then be forwarded to the Director, HR.

3.9 After a formal complaint is received, the Investigation Team will review the complaint to determine if it discloses a prima facie (on first appearance) violation of this policy. If no prima facie violation is made out, the Investigation Team will return the complaint to the Complainant and provide them with an opportunity to amend and resubmit their complaint. If the resubmitted complaint is also found not to disclose a prima facie violation of the policy, then no further complaint concerning the same subject matter will be accepted.
Investigation and Investigation Report

3.10 If the Investigation Team determines that the complaint discloses a prima facie violation, then the Investigation Team will appoint an Investigator. The Investigator will conduct an impartial, procedurally fair and confidential investigation of the complaint. The Investigator will meet or attempt to meet separately with the Complainant and the Respondent. The Investigator may also interview other witnesses or involved parties as they see fit.

3.11 RHF is committed to careful and thorough investigation of bullying and harassment complaints. Accordingly, RHF expects its employees to fully cooperate with its investigations and processes, including by providing accurate and forthcoming information during any investigation .
Any attempt to influence the outcome of an investigation by discussing it with others, retaliating against

Rick Hansen Foundation Workplace Bullying, Harassment & Discrimination Policy

anyone who participates, providing false information, or failing to be forthcoming can be the basis for disciplinary action up to and including termination of employment for cause.

3.12 The Investigator will prepare a confidential fact-finding report in a timely manner and within 60 days of their appointment. With the agreement of RHF, the timeline may be extended if there are extenuating circumstances. If the timeline is extended, the Investigation Team will advise the Complainant and the Respondent of the extension. Once the report is completed, a copy will be provided to the Investigation Team. The report and the information contained in it will be treated as strictly confidential.
The Director, HR, in consultation with the members of the Investigation Team and/or the appropriate operations manager(s), will decide as expeditiously as possible whether any disciplinary or other action is warranted and, if so, what the appropriate discipline or other action is.
The Complainant and Respondent will be provided with a summary of the conclusion of the investigation while still respecting the privacy rights of the individual(s) involved.
 

3.13 The Director, HR will maintain a confidential record of the completed investigation report.

Mediation Option

3.14 At any point in the formal investigation process, the Investigator may engage, with the consent of the Complainant and the Respondent and the Investigation Team, in a resolution process or mediation with the parties to resolve the complaint.
If the complaint is resolved, the Investigator will prepare a written agreement setting out the terms of the resolution. The Complainant and the Respondent will review and sign the written agreement. Any information shared in the resolution process or mediation is confidential and the parties will be encouraged to maintain that confidence.
A copy of the written agreement will be placed on the Complainant’s and the Respondent’s file.

Third Party Reporting

3.15 An employee who witnesses an incident that they believe to be a violation of this policy should promptly inform their supervisor/manager, Director, VP or the Director, HR.

Retaliation

3.16 Retaliation against a Complainant or any person for speaking out, bringing a complaint in good faith or participating in an investigation of a complaint of bullying and/or harassment under this policy is prohibited and may result in discipline up to and including termination of employment. Retaliation may include, but is not limited to, penalizing an individual or subjecting them to adverse job consequences.

Confidentiality

3.17 All processes under this policy will be conducted confidentially. This means no one involved in any of the processes under this policy, including Complainants, Respondents and witnesses, will disclose any information to anyone except as required under this policy or by law.

All information collected during the course of an investigation will remain confidential except to the extent disclosure is necessary to:

Rick Hansen Foundation Workplace Bullying, Harassment & Discrimination Policy

a) Conduct a fair investigation;
b) Take corrective or remedial disciplinary, administrative, or legal action; and/or
c) Comply with any applicable law.

In order to maintain the integrity of the investigation and be respectful to the sensitivity of the issues involved, all persons involved will be expected not to gossip or otherwise discuss the matter except for purposes necessary to support the integrity of the investigation.

Any person who fails to protect the confidential nature of the process may be subject to discipline up to and including termination of employment or contractual relationships with RHF.

Vexatious Complaints

3.18 Where the Investigator determines that the Complainant's complaint was made in bad faith or was frivolous or vexatious, RHF will take the appropriate action to correct the Complainant's conduct, which may include discipline up to and including termination of employment.

Documentation

3.19 All notes, reports and other documentation associated with the informal or formal resolution of complaints brought forward pursuant to this policy will be kept in a secure and strictly confidential complaint file by the Director, HR or such other employee as may be designed by the CFO & VP, Operations or CEO. Only documents that record corrective action, including letters of expectation, discipline, dismissal, taken against an employee, will be placed in the personnel file of the employee.

Roles and Responsibilities

3.20 Roles and Responsibilities:

Roles and Responsibilities of Employees

a) Not to engage in bullying and harassment;
b) Report if bullying and/or harassment is observed or experienced; and
c) Comply with this Policy.

Roles and Responsibilities of Supervisors/Managers, Directors and VPs:

a) Not to engage in bullying and harassment;
b) Report if bullying and harassment is observed or experienced;
c) Apply and comply with this Policy;
d) Work with employees as required to inform them of this Policy; and
e) Attend any required training to ensure familiarity with all applicable workplace policies and to be knowledgeable about their role in responding to a complaint.

Roles and Responsibilities of the Investigator:

a) Comply with this Policy;
b) Investigate each incident of bullying and harassment as necessary, in an impartial and confidential manner; and
c) To conduct a formal investigation and to produce a timely investigation report within 60 days and/or with consent of investigation team to extend due to extenuating circumstances to assist the parties to reach an informal resolution of the complaint.

Rick Hansen Foundation Workplace Bullying, Harassment & Discrimination Policy

4. REFERENCES

• Workers Compensation Act, RSBC 2019, c. 1
• WorkSafe BC Bullying and Harassment Prevention Tool Kit

5. POLICY REVIEW
RHF will review the contents of this policy annually, or sooner in the event of any legislative changes relating to bullying and harassment in the workplace.