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HomeMy WebLinkAboutADM 260 Respectful Conduct PolicyPolicy Policy Title: Respectful Conduct Policy Number ADM 260 Reference ADM 260 replaces ADM 200, Zero Tolerance Policy, through Resolution #272/23 Date Originated (m/d/y) September 25, 2023 Date Revised (m/d/y) Pages 8 Approval: Chief Administrative Officer Point of Contact Corporate Security Specialist Policy Objectives The Corporation of the City of Pickering (City) aims to provide a safe, supportive and inclusive environment that is free from discrimination, harassment and conflict for members of our community, our employees and volunteers. The City will not tolerate violence, vandalism, racism, abusive or demeaning rhetoric, or any activity that may constitute a criminal or provincial offence at a City facility, property, program, activity or event. Many Pickering community-based programs utilize municipal facilities and are supported and/or operated by volunteers. These community-minded citizens contribute greatly to the quality of life in Pickering. The City endeavors to ensure that they too, have the ability to volunteer in a safe and inclusive environment. This Policy attempts to empower employees with the steps necessary to address instances of unacceptable behavior directed at employees or volunteers by a member of the public, or between customers. The Policy provides a framework of various procedures and guidelines, including but not limited to, the Incident Reporting Procedure and Enforcement Guidelines. The objectives of this Policy are to: 1. Reduce violence and unacceptable behaviour in the provision of City services including its programs, activities and events on City property. 2.Promote an understanding of appropriate behaviour towards members of the public and our employees. 3. Encourage a positive environment of respectful interaction between all members of the City of Pickering community. 4.Empower employees to address unacceptable behaviour. 5.Provide employees with the guidelines and procedures to report and address incidents that constitute a violation of this Policy. 6.Establish consistent departmental procedures. Policy Title: Respectful Conduct Page 2 of 8 Policy Number: ADM 260 Index 01 Definitions 02 Purpose 03 Scope 04 Responsibilities 05 Unacceptable Behaviours 06 Procedures 07 Consequences 08 Appeal Process 01 Definitions 01.01 Ban – The prohibition of an individual(s) from receiving a City service, program or activity or entering specific City property for a period of time. 01.02 City Property – All City-owned physical assets, including real property, buildings, structures, facilities and equipment, leased and/or maintained by the Corporation of the City of Pickering. 01.03 Customer – A member of the public who is accessing services or visiting a City property or event and is not acting as or in the role of an employee or volunteer. 01.04 Discrimination – Treating an individual (or group) adversely by either imposing a burden on them, or denying them a privilege, benefit, opportunity or service enjoyed by others, because of their age, ancestry, citizenship, colour, creed, disability, ethnic origin, family status, gender identity, gender expression, marital status, place of origin, race, sex, sexual orientation or other personal characteristics, as these terms are defined in the Ontario Human Rights Code. 01.05 Employee – All individuals hired by the City including permanent and non- permanent employees, interns/co-op students and volunteers. 01.06 Harassment or Harass – As defined in the Ontario Human Rights Code, means engaging in a course of vexatious behavior, comment or conduct that is known or ought reasonably to be known to be unwelcome to an individual(s) whether inside the workplace or outside. It may include but is not limited to behavior, conduct or comment that is directed at or is perceived to be offensive to another individual(s): • on the grounds of race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sex, age, handicap, sexual orientation, marital status, or Policy Title: Respectful Conduct Page 3 of 8 Policy Number: ADM 260 family status, gender identity, gender expression as defined by the Ontario Human Rights Code; or • which is reasonably perceived by the recipient as an intention to bully, embarrass, intimidate or ridicule the recipient. 01.07 Incident – An occurrence involving inappropriate behavior on behalf of an individual, which includes, but is not limited to any of the following: destruction, damage or defacing of property; harm to individual(s), including workplace violence, workplace harassment, inappropriate behavior; discrimination; disturbance to peace; contravention of City by-laws related to property, facility and/or posted rules; contravention of City Policies; any activity that may be illegal and causes a formal report to or request for assistance from Durham Regional Police by a City employee or customer. 01.08 Letter of Warning – A written communication that details a violation of the Respectful Conduct Policy and normally includes: specifics of occurrence, nature of the violation, the relevant City Policy and/or by-law, the expectation for future conduct, the consequence of further misconduct and supporting documentation. 01.09 Trespass Notice – As provided for under the Trespass to Property Act, R.S.O. 1990, c.T.21, a written notice from the City to an individual prohibiting the individual from entering specific City properties or facilities for a period of time, with a copy to Durham Regional Police for enforcement. 01.10 Trespass to Property Act – The Ontario legislation dealing with unwelcome entry into private and public property (Trespass to Property Act, R.S.O. 1990, c.T21) 01.11 Vandalism – Deliberate destruction, damage, defacing of property-owned, leased, or permitted through the City. 01.12 Violence – Threatening behavior against an employee or customer such as: shaking a fist or finger pointing at an individual(s), destroying, damaging or defacing property, throwing objects; verbal or written threats to attack physically or discriminate; leaving threatening notes or threatening emails; wielding a weapon; stalking; or physically aggressive behaviors including hitting, shoving, standing excessively close to an individual(s) in an aggressive manner, physically restraining an individual(s) or any other form of physical assault. 02 Purpose 02.01 The City is committed to enhancing and maintaining the quality of life for the employees and customers of Pickering by providing City services including events, programs, activities and sports and recreation opportunities. All of these services support a welcoming and inclusive environment of mutual respect. Policy Title: Respectful Conduct Page 4 of 8 Policy Number: ADM 260 In a diverse, vibrant and growing City, respectful conduct allows us to work, play, and live together both as individuals, and as a larger Pickering community, and makes our interactions positive and rewarding. If an individual does not respect others in the provision of City services, City employees may intervene, identify the disrespectful issue and seek a positive outcome. In some circumstances, employees may take specific measures to address and prevent negative interactions involving customers or employees. This Policy provides a framework to help identify where individual actions can be construed to breach of this Policy and what steps can be taken. 03 Scope 03.01 This Policy applies to all City employees, volunteers and customers. When inappropriate behaviour occurs; the City will endeavour to address it. 04 Responsibilities 04.01 Council to: a) Support the Policy. b) Review and approve the Policy and any amendments as may be required from time to time. 04.02 Chief Administrative Officer to: a) Support the Policy. b) Review and approve the Policy and any amendments as may be required from time to time. c) Provide guidance on the Policy to management. d) Review and approve a Notice of Trespass. 04.03 Directors to: a) Support the Policy and provide guidance on the Policy with all applicable employees. b) Support management in the implementation of the Policy. c) Respond quickly to complaints filed under the Policy. d) Consult with the Chief Administrative Officer (CAO) as required in the implementation of this Policy. 04.04 Manager/Supervisor to: a) Support the Policy. b) Ensure the Policy is communicated to all City employees and that they are educated on this Policy. This includes posting the Policy in visible locations in the workplace and for easy access on the City’s intranet. Policy Title: Respectful Conduct Page 5 of 8 Policy Number: ADM 260 c)Review all Security Incident Reports submitted by employees that pertain to this Policy. d)Attend the incident if practicable to deal with it directly. 04.05 Corporate Security Specialist to: a)Support the Policy. b)Review the action of employees, and ensure that appropriate intervention has occurred with any individual who has breached this Policy. c)Support the Policy. d)Review all Security Incidents Reports and conduct investigations, as required. Determine if the individual’s behavior warrants the application of restrictions as outlined in the Enforcement Guidelines (Appendix A). e)Communicate the outcome of any incident and subsequent actions taken by the City with the individual(s) involved. f)Consult with Managers and Director(s) on matters related to Security Incident Reports and/or investigations. g)Keep archives of records on all incidents, including Letters of Warning, bans and Trespass Orders, in accordance with the Records Management Policy. h)Review the Policy on an annual basis and suggest revisions. 04.06 Employees to: a)Thoroughly review and support the Policy. b)Address any breaches of this Policy quickly and directly. c)Inform next level manager promptly of any breach of this Policy. d)Implement the Policy if Managers/Supervisors are not present. 05 Unacceptable Behaviors 05.01 Harassment, discrimination, vandalism and violence as defined in this Policy are unacceptable behaviors. It is also an unacceptable behavior to act in a manner that destroys, damages, defaces or compromises the safety of City property. Unacceptable behavior also includes activity that is disturbing to any employee or customer where they feel unsafe, threatened or harmed. For greater clarity, unacceptable behaviors involving employees and/or customers include but are not limited to the following: •Physical violence, assault and fighting. •Unwelcome physical contact. •Possession of a weapon. •Intimidation, threat of violence, verbal, written or by social media. •Verbal abuse including shouting, profanity or aggressive tone or language. •Failure to follow directions of City employees. •Using language that demeans, humiliates or expresses hate or incites harassment towards an individual(s). •Unsafe activity. Policy Title: Respectful Conduct Page 6 of 8 Policy Number: ADM 260 •Participating in an activity that is prohibited by by-law for which signage has been posted. •Stalking. •Excessive calls, emails or other communications. •Alcohol possession or consumption where there is no liquor licence. •Conduct which involves judgment apparently impaired by alcohol or drugs. •Recording images or video at swimming pools, dressing rooms, washrooms, private office areas or other clearly signed areas without prior authorization by the City. •Causing unsanitary conditions. •Wearing attire with abusive, profane or racist images or language. •Bullying or harassment, including sexual harassment. •Aggressive, hostile or unwelcome activity or conduct which is directed to or at City employees or other customers. •Any other activity determined by an employee to be unsafe or inappropriate, where the individual involved is advised and the individual does not stop the unsafe or inappropriate activity. 06 Procedures 06.01 Where an employee(s) has determined that an individual(s) has breached this Policy, these steps should be followed: •Assess the situation, do not engage in physical confrontation. •Address individual(s) in a courteous but firm manner, enlist the support of other employees where possible. •Request cooperation by the individual and advise of next steps. •Employees may speak to members of the customer user group or permit holder to obtain support in intervening with the individual, or to obtain contact name/address of the individual(s) causing the situation. •Employees will intervene with the individual only when safe, in order to advise that the activity in question stop. •If no cooperation is received, ask the individual(s) to leave the facility/premises. •When there is a physical threat to customer or employee safety, any employee should call 911 for assistance. •The employee will notify their next level supervisor immediately if the individual has been advised to leave City property or the police have been contacted. •Employees will submit a Security Incident Report within 24 hours of the event taking place. •Any individual ordered off City property may be prohibited from returning to City property for 24 hours and until such time that the Corporate Security Policy Title: Respectful Conduct Page 7 of 8 Policy Number: ADM 260 Specialist has reviewed the Security Incident Report and has assessed the incident. •The Director or their designate will determine the appropriate actions based on the Enforcement Guidelines. The action may include a letter of warning issued to the individual(s). 07 Consequences 07.01 07.02 07.03 07.04 07.05 07.06 Individuals who engage in any unacceptable behaviour, as outlined in this Policy, may be subject to immediate removal from City property and a ban period. The Enforcement Guidelines outline the consequences associated with the level of incident that occurred. The Director or their designate will determine the appropriate actions based on the Enforcement Guidelines. In the event of a serious breach of the Policy, and as outlined in the Enforcement Guidelines, the Director or designate may suspend or cancel a membership, remove an individual from a program or activity or stop the provision of a City service. F ees will be returned on a prorated basis. All incidents that result in a ban will be followed up in writing to the individual by the Corporate Security Specialist, outlining the details of the ban. Appropriate employees will be copied on the correspondence so they are aware of the nature of the ban. Time banning may be banned from a selection of or from all City programs, services and property. If circumstances warrant, the Director may request that the CAO consider a trespass notice. If approved, the CAO will will authorize the City Solicitor to issue the trespass notice. 08 Appeal Process 08.01 An individual who has been banned under the Enforcement Guidelines or who has been issued a Trespass Notice may appeal the decision. The following outlines the steps to be taken: 1)An individual appealing a ban or Trespass Notice must submit in writing to the CAO, a letter outlining the reason for the appeal and any documents or other materials upon which they rely. This must be submitted within sixteen (16)calendar days of the date on the letter to the individual outlining the details of the ban or Trespass Notice. 2) The CAO, or designate, will review the appeal in consultation with the Corporate Security Specialist and other relevant employees and issue a written decision. Policy Title: Respectful Conduct Page 8 of 8 Policy Number: ADM 260 3) The decision will be communicated to the individual making the appeal within fourteen (14) calendar days of receiving the appeal letter. The decision by the CAO or designate is final. Please refer to all associated Procedures, Guidelines and Standard Operating Procedures, if applicable, for detailed processes regarding this Policy. Appendices Appendix A Enforcement Guidelines Appendix B Security Incident Report Procedure and Form Appendix A Enforcement Guidelines The following chart represents guidelines to decide the consequences for incidents of inappropriate behaviour by members of the public or customers related to the provision of City services. These guidelines do not include all types of behaviour, each incident will be reviewed on information available, and the consequences outlined below may be adjusted to reflect case-by-case circumstances. Consequences may be harsher if criminal convictions are involved. Time banning may be from all City programs, services and property. Trespass Notices may be issued for repeat or severe offences. Scope These guidelines apply to all customers who breach any City Policy. Incident Consequence of 1ST Occurrence Consequence of 2ND Occurrence Consequence of 3RD Occurrence Any Subsequent Occurrence Harassment Verbal assaults. Minimum 1- month ban. Minimum 3- month ban. Minimum 1-year ban . Minimum 3- year ban and review to determine if further consequences are warranted. Threats and attempts to intimidate. Aggressive approach to another individual. Attempts to provoke or incite violence in others. Minimum 3- month ban. Minimum 6- month ban. Minimum 2-year ban . Minimum 3-year ban and review to determine if further consequences are warranted. Violence Throwing of articles in an aggressive manner. Minimum 6- month ban. Minimum 1-year ban . Minimum 3-year ban . Minimum 3-year ban and review to determine if further consequences are warranted. Incident Consequence of 1ST Occurrence Consequence of 2ND Occurrence Consequence of 3RD Occurrence Any Subsequent Occurrence Physical striking of another individual. Vandalism Vandalism to City property, vandalism to private property on City property or theft. Minimum 6- month ban. Minimum 1-year ban . Minimum 3-year ban . Minimum 3-year ban and review to determine if further consequences are warranted. Discrimination Racial or ethnic slurs. Minimum 6- month ban. Minimum 1-year ban . Minimum 3-year ban . Minimum 3-year ban and review to determine if further consequences are warranted. Unacceptable Behaviour Consumption of alcohol or of illegal drugs. Appearance of impaired judgment on City property due to consumption of alcohol or drugs. Minimum 6- month ban. Minimum 1-year ban . Minimum 3-year ban . Minimum 3-year ban and review to determine if further consequences are warranted. Inappropriate Internet Usage and Abuse of Technology Use of wireless internet connectivity to view, produce or exhibit lewd or offensive materials. Minimum 1- month ban. Minimum 3- month ban. Minimum 1-year ban . Minimum 3-year ban and review to determine if further consequences are warranted. Use of wireless internet connectivity Minimum 6- month ban. Minimum 1-year ban . Minimum 3-year ban . Lifetime ban. Incident Consequence of 1ST Occurrence Consequence of 2ND Occurrence Consequence of 3RD Occurrence Any Subsequent Occurrence to view, produce or exhibit illegal materials, such as child pornography or hate propaganda. Use of technology devices to photograph images without City authorization in advance. Minimum 1- month ban. Minimum 3- month ban. Minimum 1-year ban . Minimum 3-year ban and review to determine if further consequences are warranted. NB: The City retains the right to alter and amend the type and severity of consequence applied in any given situation. This guideline should be used as a reference. The City reserves the right to interpret and apply these guidelines taking into consideration the facts of each situation on a case-by-case basis. In the event that an individual fails to comply with a ban, and that ban has been communicated to the individual by the Corporate Security Specialist, the City Solicitor has the authority to issue a trespass notice. This trespass notice can be in force for up to one year, and may be reissued annually at the discretion of the CAO. Welcome to the Security Incident Reporting Submission Page. This submission will provide vital information to our teams regarding security incidents taking place on City property, at City events or involving City employees. Please report any security incidents involving members of the public while they are at any City location, or participating in any City run program or activity. •Building Evacuation •Customer Confrontation •Customer Medical Issues •City Vehicle Incidents •Crimes Against City Staff and Property •Damage to City Property •Disorderly Conduct •Garbage Dumping •Hold and Secure/Lockdown •Lost/Found Items •Vandalism or Graffiti Please be as descriptive as possible when filling in the text box. Provide details such as time and place, who was there, and what happened. Please add any other information that you think is important. You can select the type of incident from the drop down menu, and if you are unsure, select “other”. When adding the location you can either fill in the location tab, or you can drag the pin from the bottom left corner of the map to the incident location. Personal information contained on this form is collected pursuant to the Municipal Freedom of Information and Protection of Privacy Act, and will be used to investigate this matter. Questions about this collection should be directed to the City Clerk, One The Esplanade, Pickering, ON L1V 6K7, 905.420.4611. Appendix B Observation Attachments Location Observed By Observed Contact Info Observation Observed Date/Time Observation Type Drag files here or click to select... or Click to add a web link to a file...   + − Leaflet | © HERE  