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Title of presentation umanitoba.ca Human Rights and Advisory Services Jackie Gruber – Human Rights...

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Title of presentation umanitoba.ca Human Rights and Advisory Services Jackie Gruber – Human Rights & Equity Advisor 474 7388 New Faculty Orientation
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Page 1: Title of presentation umanitoba.ca Human Rights and Advisory Services Jackie Gruber – Human Rights & Equity Advisor 474 7388 New Faculty Orientation.

Title of

presentation

umanitoba.ca

Human Rights and Advisory Services

Jackie Gruber – Human Rights & Equity Advisor474 7388

New Faculty Orientation

Page 2: Title of presentation umanitoba.ca Human Rights and Advisory Services Jackie Gruber – Human Rights & Equity Advisor 474 7388 New Faculty Orientation.

Human Rights & Advisory Services Office:• Our mission is to promote a respectful work

and learning environment in which individuals are treated equitably and diversity is valued

• Administer the University of Manitoba's Respectful Work and Learning Environment policy for the University community

Page 3: Title of presentation umanitoba.ca Human Rights and Advisory Services Jackie Gruber – Human Rights & Equity Advisor 474 7388 New Faculty Orientation.

RESPECTFUL WORK & LEARNINGENVIRONMENT POLICY

All members of the University community are bound by the Manitoba Human Rights Code and Workplace Safety & Health Legislation

Expected to adhere to the RWLE Policy which covers the following: Human rights discrimination or harassment Sexual harassment Personal harassment

Page 4: Title of presentation umanitoba.ca Human Rights and Advisory Services Jackie Gruber – Human Rights & Equity Advisor 474 7388 New Faculty Orientation.

Human Rights Discrimination • Discrimination is differential treatment,

whether intended or not, of an individual or group on the basis of actual or presumed membership in one of the groups

• Failure to make reasonable accommodation for the special needs of an individual or group as identified by policy based on categories set out in the Manitoba Human Rights Code and the U of M’s RWLE Policy

• Human Right’s based harassment

Page 5: Title of presentation umanitoba.ca Human Rights and Advisory Services Jackie Gruber – Human Rights & Equity Advisor 474 7388 New Faculty Orientation.

Human Rights Code Characteristics• Ancestry• Nationality or national origin• Ethnic background or origin• Gender identity• Sexual orientation• Marital or family status• Source of income• Political belief, association, activity• Physical or mental disability• Religion or creed• Age• Sex, including pregnancy• Social disadvantage

Page 6: Title of presentation umanitoba.ca Human Rights and Advisory Services Jackie Gruber – Human Rights & Equity Advisor 474 7388 New Faculty Orientation.

ACCOMMODATION OF DISABILITIES Has become a struggle for all educational

institutions Must accommodate to the point of “undue

hardship” May discriminate if there is “bona fide”

academic/work related requirement

Page 7: Title of presentation umanitoba.ca Human Rights and Advisory Services Jackie Gruber – Human Rights & Equity Advisor 474 7388 New Faculty Orientation.

DO ANXIETY DISORDERS INCLUDE EXAM ANXIETY? • Exam anxiety is a new description of an old

and well recognized problem.• Exam anxiety constituting a normal amount of

stress is not a disability, and does not require accommodation.

• Exam anxiety can progress to a legitimate anxiety or panic disorder, impairing participation in academic requirements, and requiring accommodation.

Page 8: Title of presentation umanitoba.ca Human Rights and Advisory Services Jackie Gruber – Human Rights & Equity Advisor 474 7388 New Faculty Orientation.

OBLIGATION TO INQUIRE ABOUT OR DISCLOSE DISABILITY• Tribunals require only a suspicion of disability before a

duty to accommodate is triggered.• The University is required to inquire of students when a

disability is suspected, and guide them as to what information will be required for the consideration of accommodations.

• A duty to accommodate can be triggered even if the disability is not disclosed in a timely way. Decisions may have to be overturned, and accommodations be put into place retroactively.

• Two scenarios:– Failure to disclose known disability– Unknown disability subsequently diagnosed

Page 9: Title of presentation umanitoba.ca Human Rights and Advisory Services Jackie Gruber – Human Rights & Equity Advisor 474 7388 New Faculty Orientation.

Are we obligated to ignore our own Policies?• In order to be reasonable, the University may

have to ignore its own policies.• The Code is paramount legislation. It trumps:

– Most other legislation– University policies– Departmental or program requirements– Collective agreements

• Any policy which conflicts with the Code could be evidence of poor process.

Page 10: Title of presentation umanitoba.ca Human Rights and Advisory Services Jackie Gruber – Human Rights & Equity Advisor 474 7388 New Faculty Orientation.

BONA FIDE REQUIREMENTS IN SERVICE

• The University is a “service provider” to its students.

• It must be able to demonstrate that its academic standards are necessary in order to ensure that the degrees issued:

• Are respected and valued• Meet accreditation requirements• Allow students to enter professions• This requires strong objective evidence. General

and self-serving impressions will not be accepted as credible evidence.

Page 11: Title of presentation umanitoba.ca Human Rights and Advisory Services Jackie Gruber – Human Rights & Equity Advisor 474 7388 New Faculty Orientation.

CAN WAIVING REQUIREMENT OR LOWERING STANDARDS BE REQUIRED?• If no bona fide reason for an academic

standard is demonstrated, that standard must be waived or lowered.

• Can a policy prohibit the waiving of certain academic requirements?

• Only if such a prohibition is bona fide with respect to each and every program to which it applies.

Page 12: Title of presentation umanitoba.ca Human Rights and Advisory Services Jackie Gruber – Human Rights & Equity Advisor 474 7388 New Faculty Orientation.

BONA FIDE CAUSE IN OTHER PROGRAMS

• It is more difficult to defend standards in non-professional programs.

• There are no accreditation standards or professional standards to rely on.

• External reviews which compare our programs to others are the best evidence, but are rarely specific.

Page 13: Title of presentation umanitoba.ca Human Rights and Advisory Services Jackie Gruber – Human Rights & Equity Advisor 474 7388 New Faculty Orientation.

EXAMPLES OF ACCOMMODATION

• A modified curriculum• Extra time for completing tests, exams and assignments• Alternative forms of evaluation• Academic materials in advance, and/or in alternative

formats• Provision of and training on adaptive technology• Assistance and supports in class• Modify the way the student is expected to complete the

essential requirements of a program• For grad students changing expectations of job

requirements of a TA or RA

Page 14: Title of presentation umanitoba.ca Human Rights and Advisory Services Jackie Gruber – Human Rights & Equity Advisor 474 7388 New Faculty Orientation.

Sexual Harassment/Harassment what is it?

• A course of abusive and unwelcome conduct or comments made on the basis of any protected characteristics 9(2); or

• a series of objectionable and unwelcome sexual solicitations or advances; or

• a sexual solicitation or advance made by a person who is in a position of authority if the person making the advance knew or ought reasonably to know that it is unwelcome; or

• a reprisal or threat of reprisal for rejecting a sexual solicitation or advance.

Page 15: Title of presentation umanitoba.ca Human Rights and Advisory Services Jackie Gruber – Human Rights & Equity Advisor 474 7388 New Faculty Orientation.

SEXUAL HARASSMENTSIX POINTS OF CASE LAW

Sexual Harassment: Unwanted sexual attention made

by a person who knows or ought reasonably to know that it is unwelcome

Promise of reward or threat of reprisal Sexually orientated behaviour or

gender-based abusive and unwelcome conduct or comment that has the purpose if creating an intimidating, hostile or offensive environment

It was aware that harassment is prohibited conduct

It had an adequate complaint mechanism in place

It acted expeditiously in handling the complaint

It dealt with the matter seriously

It met its obligation to provide a healthy work environment

It met its obligation to inform the complainant of its response

Page 16: Title of presentation umanitoba.ca Human Rights and Advisory Services Jackie Gruber – Human Rights & Equity Advisor 474 7388 New Faculty Orientation.

Examples of Sexual Harassment • Sexist remarks, jokes, innuendoes or taunting about a

person’s body, appearance, characteristics or clothing• Displaying of pornographic or other sexually offensive

material• Persistent and unwelcome invitations or requests for

dates• Leering, ogling or other sexually orientated gestures • Inappropriate touching• Sexual assault• Inappropriate questions or sharing of information about

a person’s sexuality or sexual orientation

Page 17: Title of presentation umanitoba.ca Human Rights and Advisory Services Jackie Gruber – Human Rights & Equity Advisor 474 7388 New Faculty Orientation.

DUTY TO PROVIDE ENVIRONMENT SAFE FROM HARASSMENT Since February 1, 2011 this includes free

from psychological harassment

RWLE Policy: We all have rights therefore we all have

responsibilities

What does this statement mean to you?

Page 18: Title of presentation umanitoba.ca Human Rights and Advisory Services Jackie Gruber – Human Rights & Equity Advisor 474 7388 New Faculty Orientation.

Bullying/Personal Harassment

• One or a series of objectionable and unwelcome comments or actions directed towards a specific target which serve no legitimate work or academic related purpose and have the effect of creating an intimidating, humiliating, hostile or offensive environment

• Physical or verbal abuse, threats, or intimidation that is humiliating or demeaning

Page 19: Title of presentation umanitoba.ca Human Rights and Advisory Services Jackie Gruber – Human Rights & Equity Advisor 474 7388 New Faculty Orientation.

Examples of Bullying/Personal Harassment

• Spreading malicious rumours, gossip or innuendo • Excluding or isolating someone socially • Undermining or deliberately impeding a person’s work• Making jokes that are “obviously offensive” by spoken

word or e-mail• Belittling a person’s opinions• Tampering with a person’s personal belongings or work

equipment

Page 20: Title of presentation umanitoba.ca Human Rights and Advisory Services Jackie Gruber – Human Rights & Equity Advisor 474 7388 New Faculty Orientation.

Examples of Bullying/Personal Harassment

• Repeated or continuous incidents of yelling, screaming or name-calling

• Repeated or continuous threats to withdraw funding, scholarships or advancement opportunities for reason unrelated to performance

• Comments addressed to a person which have the effect of undermining a person’s role in the workplace, classroom or residence

• Verbal attacks• Body language – gestures, eye rolling

Page 21: Title of presentation umanitoba.ca Human Rights and Advisory Services Jackie Gruber – Human Rights & Equity Advisor 474 7388 New Faculty Orientation.

How can bullying affect an individual?

• Presenteeism• Lack of job satisfaction• Anger• Stress leave/ sick leave• Increased sense of vulnerability• Loss of confidence• Physical symptoms such as stomach pains, headaches• Panic, anxiety• Inability to concentrate

Page 22: Title of presentation umanitoba.ca Human Rights and Advisory Services Jackie Gruber – Human Rights & Equity Advisor 474 7388 New Faculty Orientation.

Human Rights & Advisory Services Human Rights and Advisory Services believes that individuals need to

be able to discuss their concerns and to seek advice and assistance

in a safe and private environment

Procedures:

Informal File

Formal Complaint

Page 23: Title of presentation umanitoba.ca Human Rights and Advisory Services Jackie Gruber – Human Rights & Equity Advisor 474 7388 New Faculty Orientation.

QUESTIONS?

Please call Human Rights and Advisory Services at 474 6348 or follow the link:

http://umanitoba.ca/admin/vp_admin/ofp/hras/index.html

Page 24: Title of presentation umanitoba.ca Human Rights and Advisory Services Jackie Gruber – Human Rights & Equity Advisor 474 7388 New Faculty Orientation.

Human Rights and Advisory Services406 University Centre

Jackie Gruber474 7388

If only it were that easy!

Page 25: Title of presentation umanitoba.ca Human Rights and Advisory Services Jackie Gruber – Human Rights & Equity Advisor 474 7388 New Faculty Orientation.

Title of

presentation

umanitoba.ca


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