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Sexual Harassment

Passed by the NEC March 29, 2000

Employees, officers and members of the Canadian Media Guild have the right to expect a working atmosphere free of sexual harassment. The Guild will make every reasonable effort to ensure that is the case and to that end has adopted the following policy.

To be clear, this policy pertains to the CMG working environment and applies to anyone acting in a capacity as CMG representative or officer. It is not applicable to members who may encounter harassment at workplaces covered by CMG collective agreements.

Under the Canada Labour Code, sexual harassment is defined as conduct, comment or contact of a sexual nature that is likely to cause offence or humiliation or that might reasonably be perceived as placing a condition of a sexual nature on employment, promotion, assignments or opportunities for training.

In practical terms, this could include, but is not limited to, unwelcome remarks or jokes, the display of pornographic pictures, leering or provocative behaviour, physical assault, or unnecessary physical contact such as patting or pinching.

If a person believes they are being sexually harassed, the first step is to make the offender aware, where possible, that such behaviour is unwelcome and must stop immediately.

If the conduct does not cease, the next step is to file a complaint. The complaint should be filed with the senior Guild staff representative in Toronto, or the national president of the Canadian Media Guild. In cases where this is impossible or impractical, a complaint may be filed with any member of the National Executive Committee.

For this process to be effective, it is important to have an accurate record of the offensive conduct including the date, time and place it occurred.

When such a complaint is received, the president, senior staff representative or NEC member shall initiate an impartial investigation, in consultation with at least two members of the management committee.

The Director, Human Rights & Equity shall also be consulted, where appropriate.

The investigation will be led by an elected officer, staff member, or outside counsel, and will involve at least one other person. The investigation will include interviewing the complainant, the alleged offender and anyone else who may have relevant information.

If sexual harassment is proved to the satisfaction of those conducting the investigation, the results shall be placed before the NEC for disposition. Discipline may include but is not restricted to suspension or discharge in the case of an employee as per Article 8 of the CMGEU/CMG collective agreement, and removal from office in the case of an officer of the Guild, in accordance with both the TNG-CWA constitution and the CWA constitution.

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