Information for Graduate Students and Teaching Assistants
University policy
Sexual harassment jeopardises the rights of staff, students and faculty and will not be tolerated in the University of Toronto. University policy is based on the Ontario Human Rights Code. It provides a definition of unacceptable conduct; a procedure for making formal complaints; and a range of remedial and disciplinary measures, up to and including expulsion or dismissal.
Collective Agreement
The collective agreement between the Governing Council of the University of Toronto and CUPE Local 3902, which represents Teaching Assistants, contains a clause on sexual harassment. If a CUPE 3902 member is being harassed in her or his employment at the University, s/he can file a grievance under the collective agreement. If TAs are involved in other types of sexual harassment cases the Sexual Harassment Officer will work with CUPE to resolve the complaint.
What is sexual harassment?
Sexual harassment is unwanted sexual attention, or an undue focus on a person's sex or sexual orientation. Under the Human Rights Code it is a form of unlawful discrimination.
University Policy defines sexual harassment as any unwanted emphasis on the sex or sexual orientation of another person, or any unwelcome pressure for sex. It is conduct which creates an intimidating, hostile or offensive working or learning environment, and which a reasonable person would realise was unacceptable.
It may include:
- suggestive comments or gestures
- sexual innuendo or banter
- leering
- remarks about looks, dress or lifestyle
- pressure for dates
- homophobic insult
- verbal abuse
- intrusive physical behaviour or contact
where any of these conducts is unwelcome.
Some instances of sexual harassment are very clear, and are intentionally demeaning or discriminatory; others are ambiguous, and may result from thoughtlessness or incomprehension. The Policy requires people to treat one another courteously, fairly, and with respect for individual values and preferences.
Homophobia
The Sexual Harassment Policy covers harassment directed at people because of their sexual orientation, actual or perceived. For example, if you are harassed because you are a lesbian or a gay man, you can use the Policy to seek a remedy.
Sexual harassment is not:
- consensual sexual interaction
- physical affection between friends
- mutual flirtation, joking or teasing
- general statements of opinion or belief
Teaching assistants
TAs are sometimes accused of sexual harassment by their students. The following comments address some of the issues that arise.
Teacher/student relationships
TAs who become romantically or sexually involved with a student they teach are in a conflict of interest. University policy on conflict of interest requires that in any circumstance where your personal and professional interests overlap you must declare the conflict to your own supervisor, who will arrange for someone else to evaluate that student's work. This is to safeguard the right of all your students to fair and unbiased treatment.
TAs should also be aware that sexual invitations or suggestions to their students leave them open to allegations of sexual harassment. TAs have authority over students, and thus any intimate overture can readily be interpreted as coercive.
Professional conduct
A Teaching Assistant's relation with students is a professional one and as such many personal comments or questions (about looks, personal life, sex life, etc.) are improper and potentially damaging. Remarks which focus on the sex or sexual orientation of individuals can constitute sexual harassment. If you are unsure of the appropriateness of your comments, or your audience reacts negatively, you should probably desist.
Similarly, you should give careful consideration to your physical conduct with students. Many of us touch one another in conversation, or greet friends and colleagues with a hug. This is fine when the recipient is familiar to us and we are peers, but it may not be fine with your students. Because of the possible overtones of such gestures, you should ask yourself how they might be understood. Is my conduct acceptable to this student? How do I know? Am I certain the student would tell me otherwise?
Academic freedom
The University protects the freedom of staff and students to engage in critical thinking, writing, speech and research. University members are entitled to espouse and express controversial views without penalty. Verbal conduct is actionable under the Sexual Harassment Policy only if it exceeds the bounds of academic freedom and freedom of expression as these are understood in the University.
Responsibilities of supervisors & managers
People in positions of supervisory authority have particular responsibilities under the Sexual Harassment Policy: to communicate the requirements of the law; to prevent harassment in the working or learning environment; to intervene and stop harassing conduct if it occurs; and to refer concerns to the Sexual Harassment Office.
The Sexual Harassment Office at the University of Toronto
The rôle of this office is to provide information and assistance to all members of the University of Toronto community - staff, students, and faculty. The Sexual Harassment Officer offers counsel to both people involved in a complaint, makes referrals to appropriate University or community resources, explains the detail of the formal complaint process, provides mediation, and administers formal complaints. If you decide not to make a formal complaint, the Sexual Harassment Officer can suggest other ways to resolve a situation.
When you contact the office:
- You can make an appointment to meet the Officer, or you can discuss the matter on the phone.
- You can bring a support person or representative to any meetings.
- You can obtain a copy of the Policy and other resource materials.
- You can get information about how the complaint process works.
- Contact with the office is confidential, and the Officer is non-partisan.
- The complaint process is also confidential, and if you want to make a formal complaint you must maintain confidentiality. This requirement covers all those involved in a formal complaint.
- The complainant decides whether to go forward with a complaint, not the Officer.
Making a formal complaint
All formal complaints under the University of Toronto Sexual Harassment Policy are made through the Sexual Harassment Officer, and they must be made within six months of the events, or in exceptional circumstances twelve months.
You make your complaint in writing, and sign it. The person whose conduct you are complaining about, the respondent, is contacted by the Officer, and will receive a copy of the complaint.
If you are making a complaint about a person who teaches or supervises you, the Office can make arrangements for your work to be evaluated by someone else.
The Policy lays out three stages for resolving complaints:
Stage 1: Both parties take part in individual discussions with the Sexual Harassment Officer. They may also meet, in the Office, to discuss the matter with each other and the Officer. They may agree on a resolution at this stage.
Stage 2: A mediator is appointed in consultation with the parties. The mediator assists the parties in further discussion and in formulating terms and agreements.
If there is no resolution at this stage, the complainant may request a Formal Hearing. The complaint is referred to the Vice-President, who may then refer it to the University Hearing Board.
Stage 3: The complaint is heard by the University Hearing Board, which is composed of student, staff and faculty members. The Board hears evidence, rules on the complaint, and, where appropriate, imposes sanctions.
The decision of this Board may be appealed to the Appeals Board, whose decision is final.
Complainants may opt for a mediation-only procedure if they prefer a more informal approach.
Reprisals
The Policy prohibits any form of retaliation against people who use its complaint procedures or who are witnesses to a complaint. Retaliation can form the basis of a further complaint and will attract additional sanctions.
Other proceedings:
In some circumstances you may decide to pursue a complaint through the Human Rights Commission or other legal action. The Office can provide information about alternative procedures. You cannot use the University Policy and another procedure at the same time.
Students on placements
If you are studying or working on a practicum outside the University you are still protected by University policy. However, you may also be covered by the policies of the organisation you are placed with. The Sexual Harassment Office can assist you in dealing with any issues that arise on university-related placements.
A complete copy of the Sexual Harassment Policy and Procedures can be obtained from the Sexual Harassment Office, at 40 Sussex Avenue. The office is open during business hours and at other times by arrangement. The Officer visits the Scarborough and Mississauga campuses on a regular basis and by appointment.