Code of Conduct for the Board of Directors, Committees of the Board, Staff, and Membership of the Toronto Animated Image Society

1.1. Policy on Anti-Discrimination and Workplace Harrassment
Statement
Rights & Responsibilities
Reporting
Procedure

1.2. Policy on Conflict of Interest
Scope of TAIS PolicyReporting
Procedures
Responsibilities
Types of Conflicts of Interest

1.1. Policy on Anti-Discrimination and Workplace Harrassment

What is workplace harassment?
Workplace harassment means engaging in a course of vexatious comment or conduct against a worker or workers in a workplace — a comment or conduct that is known or ought reasonably to be known to be unwelcome. Examples of such conduct may include yelling, violent actions such as throwing of objects or moving materials in what is considered to be a loud and violent manner, use of offensive language, unwanted touching or gesture directed at a worker or workers, and/or an unwillingness to cease such comments and/or conduct when requested.

What is discrimination?
Discrimination pertains to a failure to individually assess the unique merits, capacities and circumstances of a person and/or group, and instead, to make stereotypical assumptions based on a person or group’s presumed traits, exclude said persons, deny them benefits and/or impose burdens. Discrimination may be intended or unintended, resulting from barriers to equal involvement arising from assumption and/or bias. Workplace harassment is one of many forms of discrimination. A more comprehensive list can be found through the Ontario Human Right Commission (OHRC).

Statement

The Board of Directors of the Toronto Animated Image Society (TAIS) is committed to providing an environment free of oppression, discrimination and harassment, where all individuals are treated with respect and dignity, can contribute fully, and have equal opportunities. Upholding human rights principles and obligations is a shared responsibility; everyone in the workplace must be dedicated to preventing workplace harassment. All staff and volunteers (including all members of the Board of Directors and Committees), students, interns, and members (be they Supporting, Studio, or Organizational Members) are ‘workers’ under this policy, and are expected to uphold this policy while engaged with the organization when onsite, and when offsite engaged in activities while representing the organization. As such, all workers are held accountable to this policy; an accountability overseen by the Board of Directors, as elected by the membership. Harassment will not be tolerated from any person in the workplace.    

Workplace harassment may also relate to a form of discrimination as set out in the Ontario Human Rights Code, and outlined in the City of Toronto Human Resources Policy on Human Rights and Anti-Harassment/Discrimination, which states that it is public policy in Ontario to recognize the dignity and worth of every person and to provide equal rights and opportunities without discrimination. The aim is to create a climate of understanding and mutual respect for the dignity and worth of each person, so that each person feels a part of and able to contribute to the community.

Rights & Responsibilities

This policy is not intended to limit or constrain the reasonable exercise of duties in the workplace, such as the reorganization of equipment and materials, the expression of opinion or the demonstration of incidences of emotion. It is expressly intended to encourage and foster a workplace climate of tolerance and respect for all.   

Under the Ontario Human Rights Code, every person has the right to be free from harassment and discrimination. Harassment and discrimination will not be tolerated, condoned or ignored at TAIS. If a claim of harassment or discrimination is proven, disciplinary measures will be applied, up to and including termination of employment.

Reporting

Workers are encouraged to report any incidents of workplace harassment and/or discrimination orally or in writing to their supervisor, and/or the TAIS contact person(s), and/or directly to the Human Resources Committee of the Board of Directors.   

Supervisors and contact person(s) have a responsibility to report any incidences of a complaint or concern of harassment and discrimination to the HR Committee. The HR Committee has a responsibility to investigate and deal with all concerns, complaints, or incidents of workplace harassment in a fair and timely manner while respecting workers’ privacy as much as possible, and to report this activity to the Board of Directors.   

TAIS is committed to a comprehensive strategy to address harassment and discrimination. If any worker at TAIS observes inappropriate behaviour, they are encouraged to report it. TAIS will act to stop the reported behaviour and/or endeavour to resolve the matter.
TAIS Contact persons for matters pertaining to Workplace Harassment at the time of authoring are:

Jenn Snider, Managing Director
Felix Heeb, Human Resources Committee; Officer, Board of Directors
The points of order for procedure of processing/resolving of complaints is as follows:
1. Confidentiality
Information about a complaint will be given only to people directly involved in the complaint. Everyone involved with the complaint will be advised of the need for confidentiality. Information will be kept securely and will only be recorded on a worker’s file if they are disciplined.
2. Fairness/Impartiality
Fair treatment for all is paramount. The complaint will be handled fairly and in good faith. Any person complained about has the right to know the details of any allegations against them. Both parties will have the opportunity to give their version of events and no judgments will be made or action taken until all relevant information has been assessed. Both sides are allowed support or representation. All allegations will be investigated before a decision is made. Complaints must be substantiated before any disciplinary action is taken.
3. Victim Protection
The parties involved in a complaint will be protected from being victimized and all victimization will be disciplined. Anyone found making malicious or false complaints will be disciplined.
4. What to Do
We encourage you to go through these options to resolve your complaint. At any time, you can make a complaint to the Ontario Human Rights Commission (contact information below).

Option 1) ­ Self help:
Try to resolve the problem yourself by talking to the person or people involved.  

Option 2) ­ Seek information and talk to the contact person if you:
a) Are not sure how to handle the problem yourself. b) Want to confidentially seek more information about what to do.  

Option 3) ­ Ask your supervisor to act if you:
a) Think there is a chance of quickly stopping the problem before it develops. b) Have an ongoing working relationship with the person you are complaining about. c) Want them to confidentially speak to the person you are complaining about to convey your concerns. d) Want them to bring you together with the other party to conciliate. e) Want to discuss options and outcomes. f) Need to protect others in the workplace.  

Option 4) ­ Make a written complaint to the HR Committee and/or the Board of Directors if:
a) You have tried to resolve the problem and failed. b) Your allegations are very serious. c) Your allegations have been denied and you want to substantiate them. d) You want the complaint investigated. e) You have been victimized for complaining. f) You are complaining against a senior person and an investigation will help to ensure you are not disadvantaged.  
Note: Exact details and evidence of your allegations (which may lead to an investigation) will be required. You are allowed to have support people with you at any interviews or meetings.  

Option 5) ­ Ask for help elsewhere:
If the complaint has not been resolved internally with a satisfactory outcome for all, you can approach the Ontario Human Rights Commission (OHRC), 1­-800-387-9080.
5. How Complaints Are Resolved
a) Agreement: Complaints can be settled by agreement between the people involved.

b) Not substantiated: If there is not enough evidence to decide if the allegations happened or were likely, no disciplinary action will be taken. We may monitor the situation and/or consider staff education or training.

c) Disciplinary Action: If there is found to be breach of our policy or the law, we may discipline those responsible. If a complaint is found to have been false or malicious we may discipline the person making the complaint. Untrue allegations could lead to legal action for defamation. The level of discipline will depend on:
I) The severity and frequency of the discrimination or harassment
II) The weight of evidence
III) Whether the behaviour was determined to be intentional or malicious
IV) Existence of any prior incidents or official warnings
V) Whether there are any mitigating circumstances.
Discipline could involve: counselling, apologizing, warning, loss of promotion or wage increases for a period, demotion, transfer, suspension, probation, or dismissal. Anyone who is disciplined will have a record of the complaint and the outcome placed on their employee, volunteer, Board, or client file.
6. Documentation
Records, notes or reports will be kept confidential and will not be kept on employee volunteer, Board, or client files unless there is disciplinary action. They will be filed in a confidential system with limited access.
7. Other Help
At any time anyone involved in a complaint can seek legal advice and bring representatives to any interviews or meetings. At any time you have the right to contact an external agency for advice/help.
Ontario Human Rights Commission (OHRC)
Telephone: 1­800­387­9080
Website: http://ohrc.on.ca
Nothing in this policy prevents or discourages a worker from filing an application with the Human Rights Tribunal on a matter related to Ontario’s Human Rights Code within one year of the last alleged incident. A worker also retains the right to exercise any other legal avenues that may be available. TAIS Policy on Workplace Harassment is required by the Occupational Health and Safety Act [Section 32.0.1(b) and (c)].
Approved by the Board of Directors of the Toronto Animated Image Society: November 10, 2015.

1.2. Policy on Conflict of Interest

What is a Conflict of Interest?
A conflict of interest arises where you have a personal interest that directly conflicts or might conflict or may be perceived to conflict with the interests of the Toronto Animated Image Society (TAIS), and/or a conflict that directly conflicts or might conflict or may be perceived to conflict with your duties and responsibilities as a member of the Board of Directors of TAIS. However, as TAIS recognizes that the members and staff of an artist-run-centre may have interests as individual artists and/or involvements with other artist-run-centres and organizations, these multiple involvements are what create our community and do not necessarily represent a conflict of interest but may constitute a “benefit from interest” manageable by disclosure and arm’s length practices.

Scope of TAIS Conflict of Interest Policy

This policy applies to all staff, committee members, and members of TAIS Board of Directors. All staff, committee members, and members of the board of TAIS have an obligation to carry out the functions and activities of their roles with the highest level of integrity, consistency and transparency, in a professional and ethical manner, ensuring adherence to the principles and ethics, outlined in TAIS Code of Conduct.

reporting conflicts of interest

Actual or perceived COI should be declared at the earliest possible opportunity, and must be brought to the attention of TAIS board as a written or verbal declaration during a meeting of the Board of Directors. Declaring COI is a part of the agenda for all TAIS Board of Director meetings.

Where an actual or perceived COI is declared, the board member(s) and/or committee member(s) and/or staff(s) involved must recuse themselves from the meeting so that those remaining may discuss the matter and any proposed procedures arising. The members or staff may return to the meeting once the discussion has concluded.

procedures pertaining to conflicts of interest

Possible procedural consequences of an actual or perceived COI may include a requirement to: recuse from meetings in which the subject/issue/event in which the actual or perceived COI is being discussed or deliberated; abstain from further activity related to the COI; or dismissal or leave from the board or committee(s). For COI with staff, the Human Resources committee must consult on appropriate action.

Responsibilities pertaining to conflicts of interest

Avoiding COI is the responsibility of staff and all members of TAIS committees and board of directors. To meet this obligation, staff, committee members, and members of the board of directors are expected to:

• Base decisions in the best interests of the organization.

• Ensure that board and committee members derive no financial benefit (whether direct or indirect – excluding reimbursement for eligible expenses) from their position, and avoid any situation that may create, or appear to create, a COI for the organization.

• Disclose all COI, and report the nature and extent of the COI in a timely and meaningful manner so as not to put the organization at risk.

types of conflicts of interest

A COI could arise in relation to a staff or committee/board member’s involvement in matters including but not limited to:

• Proposals/submissions to present an artistic work or project and/or present/teach a technical skills development workshop as part of TAIS programming, where the staff, committee member, or board member does not declare the COI and/or take steps to limit or avoid the (actual or perceived) COI thereby placing the organization at risk.

• Undisclosed professional or personal associations/relationships with other organizations/groups with whom TAIS is involved.

• Undisclosed employment with organizations or individuals with whom TAIS is involved.

• Undisclosed personal associations or family relationships, obligations or commitments, relationships or interests that may conflict, or may be perceived to conflict with duties as staff, and/or as a committee member, and/or as a member of the Board of Directors.
*It is recognized that TAIS board/committee members and staff may have interests and involvements with other art centres and organizations. These multiple involvements are what constitute our artist-run community and do not necessarily represent a COI. TAIS board/committee members and staff are asked to disclose their involvements at the earliest possible date.
Approved by the Board of Director so f the Toronto Animated Image Society: February 11, 2017. Amended and approved by the Board of Directors of the Toronto Animated Image Society: October 4, 2017.