Most educators in British Columbia's colleges, university-colleges and institutes now have new contract language to help them deal with harassment issues.

The new provisions provide the faculty of the province's post-secondary institutions with a common set of procedures to use if a complaint of harassment is made. They were negotiated as part of a province wide agreement on common issues between employers and the two unions involved, the College Institute Educators' Association (CIEA) and the BC Government and Service Employees Union.

Problems in the System

Prior to the new agreement, harassment complaints in the college system were dealt with by a hodgepodge of policies and procedures that were different at each institution. CIEA President Ed Lavalle said his union had found a number of critical weaknesses in the system that protected neither a person making an accusation nor the accused.

Some of the problems Lavalle identified included a lack of training for investigators, a lack of due process, and issues around confidentiality and privilege. CIEA had also raised concerns that proceedings from internal investigations should not be used in subsequent discipline arbitrations. Arbitrators have ruled both ways on this issue.

Investigations had also been inconsistent among the institutions. In some cases harassment officers had been involved, while in others outside investigators had been engaged to collect facts. In some cases faculty members had been questioned in an investigation without the benefit of a union representative present. On other occasions, CIEA members had been asked to sit on internal tribunals to "judge" other CIEA members.

New Provisions

The new contract language commits the two parties to working towards a harassment free institution but acknowledges that it is the employer's responsibility, under BC's Human Rights Code, to prevent harassment and to provide procedures to handle complaints and resolve problems where harassment has occurred. The new provision commits the employer to offering training programs designed to prevent harassment.

The contract contains a Statement of Commitment acknowledging that harassment violates fundamental rights. It commits the parties to provide "a working and learning environment that allows for full and free participation of all members of the institutional community." It acknowledges that harassment is a serious offence and may be cause for disciplinary sanctions.

Harassment is defined as discrimination on one or more of the prohibited grounds under the BC Human Rights Code. It specifically identifies sexual harassment as an activity that interferes with another person's participation in the institution, leads to or implies employment or academic consequences for the person harassed, or which creates a poisoned environment.

The new provisions do not deal with the complicated issue of "personal harassment." The law regarding this form of harassment, often verbal abuse from a supervisor to a subordinate, is still developing. It remains to be dealt with under local agreements between local unions and their institutions.

The contract states that mediation is the recommended level of resolution to a conflict. Both a complainant and an alleged harasser must agree to mediation. If they do, the local parties to a complaint agree on who will conduct the mediation. The process is confidential and the parties must agree in writing to any possible resolution. No record is kept of the mediation except a copy of the agreement that is kept on an employee's file for 12 months. It may be kept longer if another complaint is filed in that 12-month period.

If the parties do not agree to mediation, or if mediation fails, the next step is investigation. An investigator is chosen from a list of people previously agreed to by the local parties. If there is no agreement, an investigator is appointed by the Joint Administration and Dispute Resolution Committee, a provincial body created under the contract.

The job of the investigator is to determine the facts, although they may also attempt mediation between the parties. All persons quoted in the investigator's report must be named and all parties receive a copy of the investigator's report.

The report may not be used as evidence in arbitration or other legal procedure; however, it may form the basis for an agreed Statement of Fact for arbitration. It may also be used as evidence that the institution acted in good faith in a disciplinary action. The investigator may not be compelled as a witness in an arbitration or other procedure that arises under the contract. The report is not placed on an employee's file.

The contract allows the investigator to make recommendations but does not compel them to do so. Within ten days of receiving the investigator's report, the employer must make a written determination based on the facts or possible recommendations. They must state the action to be taken or, where appropriate, provide a statement of exoneration.

Nothing in this process diminishes the employer's right to take disciplinary action or the union's right to grieve such actions.

Concerns over the Process

Some concerns have been raised about the new process. Specifically, the unions argued that an investigator should speak only to the facts and not make recommendations. The employers, however, insisted on this provision, which was included during negotiations.

As with any new procedure, it will be up to the parties to make these common procedures work when there are charges of harassment. The new common procedures, however, offer increased fairness both for people who may make a complaint and for people who may have to face a complaint.

Keith Reynolds is Staff Representative, Research and Communications at CIEA of BC.

This article outlines the harassment procedures negotiated for BC's college sector. The specific language of the contract may be found at http://www.vcn.bc.ca/ciea.

CIEA is an independent union representing 7,000 faculty and staff in 20 locals at colleges, university-colleges, institutes, agencies, and private institutions in British Columbia, and holds special provincial associate membership in CAUT.