Frequently Asked Questions
On this page:
- Who can use the services of the advisor?
- I am being harassed outside the University. Can I consult the advisor?
- What is harassment (Discriminatory and/or Personal)?
- What is sexual harassment?
- What should I do if I'm being harassed?
- Is it okay to become romantically involved with a co-worker?
- Is it okay for an instructor to become romantically involved with a student?
Who can use the services of the advisor?
Students, faculty, staff, administrators and contract workers at Capliano University may the access the services of the Advisor.
If you are involved in a conflict would like support, advice, or to initiate a resolution process, don't hesitate to contact the Advisor.
If you think you are being harassed, don't hesitate to contact the Advisor.
I am being harassed outside the university. Can I consult the advisor?
Yes.
What is harassment?
What is Discriminatory Harassment?
Harassment under the B.C. Human Rights Code is discriminatory, unwelcome behaviour that detrimentally affects the learning or work environment. It is based on one or more of the following grounds listed in the Code:
| age | place of origin |
| ancestry | political belief |
| colour | race |
| family status | religion |
| marital status | sex/gender |
| mental disability | sexual orientation |
| physical disability |
What is Personal Harassment?
Of course, some harassment is not based on any of these grounds. This form of harassment is often referred to as personal harassment or bullying. Management here at Cap has the responsibility and authority to deal with personal harassment and bullying and restore good workplace relationships. The role of the Conflict Resolution Advisor is to support and assist in this process.
One excellent definition of personal harassment comes from the Equity Office at UBC which defines it as "behaviour that humiliates, intimidates, excludes, and isolates an individual or group, but is not based on one of the BC Human Rights Code's thirteen grounds of prohibited discrimination." Bullying is generally considered to be a type of personal harassment. Also from the UBC Equity Office comes this list of behaviours considered to be personal harassment:
- malicious or intimidating gestures or actions
- threats, coercion, bullying
- verbal assault, taunting, ostracizing
- humilation, insults, rudeness
- gossip, slander.
See the University's Respectful Learning and Working Environment Statement for definitions and options. See also Off-Campus Links for more information on bullying.
What is Sexual Harassment?
Sexual harassment can be unwelcome sexual advances, requests for sexual favours or other unwelcome verbal or physical conduct of a sexual nature that detrimentally affects the learning or work environment. It may include the expression of sexist attitudes or language.
Sexual harassment is not...
A relationship of mutual consent, a hug between friends, a mutual flirtation, or a scholarly discussion dealing with sex or sexuality.
What should I do if I'm being harassed?
Express Yourself
Tell the person that their behaviour is unwelcome and you would like it to stop. It may be more comfortable to do this in writing. They may not know that they are offending you. (The Advisor can help you prepare.)
Don't Delay
The longer you wait to say something, the longer the behaviour is likely to continue. It may even escalate if you don't express your concerns.
Keep a Record
If the harassment continues, keep a record of the dates, times, places, witnesses, statements and actions. Also note how you felt.
Seek Advice
The Conflict Resolution Advisor is ready to help. Call 604.983.7547. You can also consult a counsellor, your union, or an administrator.
Is it okay to become romantically involved with a co-worker?
There are no rules against it.
There are some pitfalls that are worth considering:
- Co-worker relationships, particularly those between a supervisor/manager and a subordinate, can arouse suspicions of preferential treatment and colour others' view of otherwise neutral job-related interactions. This can make the work environment uncomfortable for everyone and even be a source of sexual harassment complaints by co-workers.
- Managers in such relationships are vulnerable to allegations of sexual harassment as the courts will take the fact of a power imbalance between the alleged harasser and the alleged target of harassment into account in determining whether harassment took place.
- Anyone who observes romantic intimacies in the workplace and is offended by them may complain of sexual harassment. Whether or not the complaint will be determined to be well-founded will depend on whether the behaviour was sexual and whether a person in the position of the complaining individual could reasonably be offended by the behaviour.
Is it okay for an instructor to become romantically involved with a student?
There are no rules against it.
There are some pitfalls that are worth considering:
- Most importantly, if the instructor's interest is not reciprocated, the student is put in an untenable position. She or he can no longer trust the instructor in their role. Otherwise straightforward elements of student-instructor interaction, like evaluation and simple attentiveness, are uncomfortable and suspect for the student. The "classic" student reaction is to endure their discomfort and suspicions, avoid contact with the instructor, lose all enthusiasm for the course, confide in classmates, make a hasty exit and spread the word. In my experience, students have switched programs and even left the university in order to avoid repetition of the harassment.
- A labour arbitration case involving a professor at Okanagan University College found that affairs a professor had had with two of his students were not sexual harassment as they were "wanted and welcomed", however, the relationships were a breach of trust and the arbitrator imposed a one-year suspension. In a similar case involving Memorial University, the arbitrator found that the professor had breached his employment obligations as a fiduciary and imposed a written reprimand and mandatory counselling to be paid for by the professor.
- Instructor-student relationships that occur while the student is enrolled in the instructor's course(s) can arouse suspicions of preferential treatment and colour others' view of otherwise neutral education-related interactions. This can make the environment uncomfortable for everyone and can even be a source of sexual harassment complaints by fellow students.
- Instructors in such relationships are vulnerable to allegations of sexual harassment as the courts will take the fact of a power imbalance between the alleged harasser and the alleged target of harassment into account in determining whether harassment took place.
- Anyone who observes romantic intimacies at the University and is offended by them may complain of sexual harassment. Whether or not the complaint will be determined to be well-founded will depend on whether the behaviour was sexual and whether a person in the position of the complaining individual could reasonably be offended by the behaviour.
