ANTI-RACISM, ACCESS AND EQUITY POLICY AND HUMAN RIGHTS COMPLAINTS PROCEDURE
This policy was approved by the WeeFestival of Arts & Culture’s Board of Directors at their meeting on December 13, 2021.
A: STATEMENT OF COMMITMENT
Our community is made up of people from diverse communities and equity seeking groups including Indigenous people, Black, Racialized, LGTBQS+ persons, Disabled, d/Deaf persons, Neurodivergent persons, persons experiencing poverty or homelessness. WeeFestival recognizes that the changing nature of the population has implications in terms of delivering and/or providing access to its services (e.g. programming, activities, etc.).
We recognize that barriers to services exist for members of diverse communities, particularly for equity seeking groups, and we are committed to acting as a positive force in eliminating these barriers.
To achieve this, WeeFestival will:
- ensure that diverse communities have equitable access to its services, resources and decision making.
- be nondiscriminatory and promote the goals of antiracism, access and equity;
- and take reasonable steps to ensure its services, programs and decision making reflect the community it serves.
WeeFestival prohibits discrimination or harassment and protects the right to be free from hate activity based on age, ancestry, citizenship, creed (religion), colour, disability, ethnic origin, family status, gender identity, level of literacy, marital status, place of origin, membership in a union or staff association, political affiliation, race, receipt of public assistance, record of offences, sex, sexual orientation or any other personal characteristic by or within the WeeFestival.
Definitions
Anti-racism: a set of practices and systems designed to eliminate racism. Racism includes racist ideologies, prejudiced attitudes, discriminatory behaviours, structural arrangements and institutionalized practices resulting in racial inequality as well as the fallacious notion that discriminatory relations between groups are morally and scientifically justifiable.
Access: the ability of or extent to which communities or residents can attain needed services and achieve full participation in the planning, development, administration and delivery of those services. Access includes client access and WeeFestival access.
Equity: practices designed to remove systemic barriers to equality of outcome by identifying and eliminating discriminatory policies and practices.
Discrimination: the act of treating a person unequally by imposing unequal burdens or denying benefits, rather than treating a person fairly on the basis of individual merit. Discrimination is usually based upon personal prejudices and stereotypical assumptions related to at least one of the grounds set out in this Policy. It is not necessary to have an intent to discriminate under the Code. Workplace rules, policies, procedures, requirements, qualifications or factors may not be directly or intentionally discriminatory but may nonetheless have an adverse effect. This may create barriers to achievement and opportunity.
Harassment: a course of conduct of comments or actions that are unwelcome or should be known to be unwelcome. A person has the right to be free of humiliating or annoying behaviour that is based on one or more grounds in the Code.
B: POLICY AND ACTIONS ON ANTI-RACISM, ACCESS & EQUITY
Governance
WeeFestival is committed to achieving representation of the diversity of the Toronto community on its Board of Directors and Advisory by ensuring that it has an equitable and transparent nominations process, that this process is communicated to all members, and that members are committed to outreach beyond the current membership if necessary to achieve this goal.
Employment
WeeFestival is committed to achieving representation of equity seeking groups on its staff by ensuring that members of equity seeking communities have equitable access to employment. This includes recruitment, selection, staff development, performance evaluation, retention, promotion, termination.
WeeFestival is committed to maintaining an environment where all individuals are treated with dignity and respect and are free from all forms of discriminatory treatment, behaviour or practice. Discrimination, harassment, violence, and any other form of discriminatory practices will not be tolerated by WeeFestival. Discrimination does not have to be intentional. It can result from practices or policies that appear to be neutral but, in reality, have a negative effect on groups or individuals based on race, religion, gender, etc.
WeeFestival has developed a detailed Safe Workplace and Anti-Harassment Policy which can be found HERE.
Services
WeeFestival is committed to ensuring that its services and programs are accessible to diverse communities. This involves review of current outreach, communications, program planning and evaluation, to ensure the goals are being met.
In addition, WeeFestival will take into consideration provision of services to disadvantaged individuals, low income persons, families in poverty, and equity seeking communities through the provision of bursaries, subsidies, and accessible sliding scale pricing to events.
Training and Education
WeeFestival is committed to ensuring that those involved in the delivery of services and programs have the knowledge, understanding and skills to work with and provide services to members of diverse communities, particularly equity seeking communities.
Information and Communications
WeeFestival is committed to ensuring that all of its communications, including information on its services and programs, are accessible to diverse communities.
C: HUMAN RIGHTS COMPLAINT PROCEDURE
Definitions
Complainant: the individual alleging the discriminatory treatment or behaviour
Respondent: the individual against whom the allegation of discrimination is made.
Employee: for the purpose of this policy, the term employee includes employees, volunteers, contractors and consultants working with WeeFestival.
Avenues of Complaint
Complaints will be dealt with by the Artistic Director. Where appropriate, the Artistic Director will consult with the President of the Board of Directors.
All situations in which the Artistic Director has been named in a complaint will be dealt with directly by the President of the Board of Directors.
Right to Complain
Individuals have the right to complain about situations they believe to be discriminatory or harassing in nature.
This policy prohibits reprisals against employees because they have complained or have provided information regarding a complaint. Alleged reprisals are subject to the same complaints procedures and penalties as complaints of discrimination.
Reporting a Complaint
- Although individuals may first choose to make a verbal complaint, a written summary of the incident will be required.
- Complaints should be reported as soon as possible. If the complaint is delayed beyond three months, the complainant should outline the reason for the delay in reporting the incident(s).
- A letter of complaint should contain a brief account of the offensive incident(s), when it occurred, the person(s) involved and the names of witnesses, if any. The letter should be signed and dated by the complainant.
Investigation
Within three working days of receiving a complaint, the Artistic Director and/or President of the Board of Directors must initiate the investigation process.
As soon as possible after receiving the complaint, the Artistic Director will notify the individual(s) being named in the complaint. All individuals named in the complaint have a right to reply to the allegations against them.
Individuals named in the complaint as witnesses will be interviewed.
Settlement and Mediation
With the consent of the complainant and the respondent, the investigator may attempt to mediate a settlement of a complaint at any point prior to or during an investigation.
Every effort will be made to reach a settlement satisfactory to the complainant and the respondent.
Confidentiality
All individuals involved with a complaint must ensure the matter remains confidential.
The investigator will release information only on a need-to-know basis. Whenever possible, investigation reports are presented in a summary format without the names of witnesses.
Findings and Recommendations
Once the investigation is complete, the investigator will prepare a written report summarizing investigation findings.
Final Decision
The individual(s) who filed the complaint and those named in the complaint have the right to review and comment on the investigation findings with the Artistic Director or the President of the Board of Directors.
Remedy
A response to a founded complaint could include remedial action ranging from:
- requiring the respondent to provide a verbal of written apology;
- giving a verbal or written reprimand with a copy to the respondent’s personnel file;
- dismissal of the respondent.
If the findings do not support the complaint, WeeFestival might:
- make a recommendation for training or better communications; or
- recommend that no further action is necessary.
It may be that no action is taken against the respondent, but there might be a need for some management or systemic activity.
A person who is found to have made a frivolous or vexatious complaint may be subject to disciplinary action.
Timeframe
Complaints should be reported within three months of the incident. If the report is made after three months, an explanation of the delay should accompany the complaint.
Complaints will be dealt with in a timely manner.
Records
When remedial action requires discipline of an employee, a record of the disciplinary action will be placed on an individual’s personnel file. All other records of the investigation will be kept separate and apart from the personnel file.
Ontario Human Rights Commission
This internal procedure is available to individuals to resolve complaints of discrimination. Parties also have recourse to the Ontario Human Rights Commission, however, once a grievance is filed with OHRC, the internal procedure is not an option.
Adopted unanimously by the board of directors on December 13, 2021