Canadian Safety Reporter - sample

November 2016

Focuses on occupational health and safety issues at a strategic level. Designed for employers, HR managers and OHS professionals, it features news, case studies on best practices and practical tips to ensure the safest possible working environment.

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2 Canadian HR Reporter, a Thomson Reuters business 2016 CSR | November 2016 | News in the 2013-2014 academic year. The concerns related to the stu- dent's attitude and harassing be- haviour towards female faculty members — particularly those teaching women's studies. The student was disruptive and dis- respectful in class and acted im- posingly towards them outside of the classroom. He made it clear that he saw some of his instruc- tors as radical feminists and often demonstrated escalating anger and frustration towards them. He sometimes invaded instruc- tors' personal space during dis- cussions and openly challenged them. In addition, he sometimes said his women's studies class was "driving him crazy" and he left or missed classes, explaining he needed to cool off. The student was of First Na- tions background and was deep- ly religious, being involved in a ministry. He had firm beliefs, which made it difficult for him to discuss topics such as gender issues, sexuality, and religion. He was never physical, but his dis- agreements became more angry and forceful over time. On one occasion, he yelled at another student in class before apologiz- ing, and also yelled questions and instructors. In March 2014, several faculty members learned of each other's experiences with the student and found their issues weren't isolated and showed a pattern. They met with the dean of uni- versity studies and their union, explaining in a written incident report that they had concerns that the student's behaviour could potentially turn violent — the student was a large and intimidating man. One instructor in particular recounted that the student had made a class presentation that included information about abuse in his family, his anger, and suicidal feelings. The student be- came increasingly agitated after this and the instructor was wor- ried about him being in her class. College responded to staff concerns The dean contacted the head of security following the meeting and advised him to monitor the instructor's class and "keep an eye out" for the student. He also contacted a counsellor in student services to see if any complaints about the student had been filed as well as the student, who de- clined to speak about the issues he had with his instructors. The dean also sent the inci- dent report to the community and student services department. They determined there was no immediate threat of violence, so the student was required to en- ter into a behavioural contract, outlining required behaviours in the classroom and at the college. They also determined most of the concerns in the incident report were related to personal miscon- duct under the student conduct policy, rather than health and safety provisions. The college had provisions in its collective agreement protect- ing employees from harassment. It referred to B.C's health and safety legislation and established procedures for investigating health and safety risks from ha- rassment and keeping employ- ees informed of its findings. The faculty members and the union raised the collective agreement provisions and the college's occupational health and safety committee, request- ing the incident report remain open for any further complaints about the student. In late March, one of the in- structors emailed the dean to say the student continued to be dis- ruptive in her class and security wasn't visible. She asked him to withdraw the student from her class because his behaviour was escalating and she didn't think anyone should be subjected to it any further. The dean replied that security patrols had in- creased and there was an emer- gency phone outside her class- room if it was needed. The student services depart- ment proceeded as it would with a student who was disruptive but not threatening violence, as it didn't have evidence that the student had actually made any threats. A meeting with the student was planned where he would be asked to agree to a be- havioural contract. Another instructor emailed the dean to say she hadn't seen any added security and she felt unsafe on campus. The dean re- plied with the same information he had given the first instructor. On April 1, the student signed a letter indicating that if he didn't comply with the behavioural contract, further steps would be taken, possibly including sus- pension. The next day, the com- munity and student services de- partment informed the dean and the faculty members on what transpired at the meeting. Student conduct versus health and safety approach On April 8, the union filed a grievance on behalf of the fac- ulty members, arguing that the college didn't properly investi- gate their complaint and failed to provide a safe workplace as required under the collec- tive agreement and provincial health and safety legislation. It argued that treating the matter as a student conduct issue and not a workplace safety issue, the college contributed to an unsafe workplace. The arbitrator noted that the collective agreement showed both the college and the union were interested in health and safety in the workplace, which wasn't limited to employer/ employee interactions — the agreement discussed "providing a working and learning environ- ment that allows for a full and free participation of all members in the institutional community." Out of necessity, this included interactions with students, said the arbitrator. The arbitrator found there was enough disruption and an- ger in the student's behaviour to make the faculty members concerned and their complaints were legitimate. However, there was no indication the college didn't take their concerns seri- ously. The college immediately contacted security and passed along the incident report to the community and student services department, which then looked into the situation and met with the student. The student was then required to sign a behav- ioural contract and warned of the consequences of continuing to behave the way he had been. The arbitrator also found that the incident report didn't indi- cate any actual threats or danger of physical violence, and there- fore proceeded as it normally did through the student services de- partment. The analysis of the sit- uation was done by experienced personnel and the college's ac- tions weren't unreasonable or arbitrary, said the arbitrator. Though the collective agree- ment noted a commitment to a harassment-free workplace, it didn't contain specific pro- cedures on how this should be achieved — other than dealing with harassment based on dis- crimination. Though the union felt the matter should have been treated as a health and safety is- sue, there was nothing prevent- ing the college from approaching it as a student conduct issue, said the arbitrator. The arbitrator also noted the collective agreement gave employees the right to remove themselves from situations where there is a perceived threat of violence. None of the faculty members did so, nor did they refuse work under health and safety legislation. This sup- ported the college's finding that there wasn't a threat of violence — the student had no history of violence — or a significant safety risk, said the arbitrator. The arbitrator found the col- lege could have provided more information to the faculty mem- bers regarding security mea- sures and the progress of the investigation, but it fulfilled its duty to investigate and ensure a safe workplace. For more information see: • College of New Caledonia and Faculty Assn. of the College of New Caledonia (Failure to Provide a Safe Workplace), Re, 2016 CarswellBC 2564 (B.C. Arb.). Student's behaviour < pg. 1 Student signed behavioural contract No faculty member exercised their option to refuse to teach the student

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