Human Rights Prevention of Harassment and Discrimination Policy

Ref. No.	Executive sponsor	Policy steward	Approval authority	First approved	Last reviewed	Effective date	Next review
41.01	Vice President, College Services and Strategy	Director, Respectful Community and Human Rights	Board of Governors	June 25, 2026	May 2026	August 15, 2026	May 2027

Purpose
1. NSCC values a respectful learning, working, and living environment. We all share the responsibility to treat each other, and those who enter the College, with respect and consideration. This policy ensures shared understanding and expectations of how the College defines safe and positive behaviours in the learning, living, and working environment.
2. The purpose of this policy is to prevent and respond to Bullying, Harassment, Discrimination, Racism and Hate in a manner that upholds equity, dignity, and the safety of all individuals within the College Community. All College Community members are entitled to a work, learning, and living environment free of Bullying, Harassment, Discrimination, Racism and Hate.
  1. This policy provides collaborative, efficient, clear, and timely approaches for dealing with concerns that arise from this policy and is grounded in inclusive, relational, restorative, and culturally responsive approaches that address harm and promote accountability.
  2. Harassment and Discrimination may be intentional or unintentional. Actions or comments may be influenced by bias, prejudice, Hate, or stereotypes. Intentional or not, Bullying, Harassment, Discrimination, Racism, and Hate still cause harm. Responses under this policy will be trauma informed and centered on the person who has experienced Bullying, Harassment, Discrimination, Racism, or Hate.
  3. In its responses under this Policy, the College aligns with its obligations under Nova Scotia legislation, including the Nova Scotia Human Rights Act, the Dismantling Racism and Hate Act, and the Occupational Health and Safety Act.
  4. Operating as a post-secondary institution, NSCC recognizes its environment as one in which power imbalances are inherent and systemic and aims to address Discrimination and Racism at the system level. NSCC recognizes the existence of systemic Discrimination and Racism, patterns of behaviours, policies and practices, that are a part of the structure of an organization, and which create or perpetuate disadvantages, burdens or obligations, or which limit access to benefits, opportunities, or advantages based on characteristics protected under the Nova Scotia Human Rights Act.
  5. The College recognizes that Mi’kmaq and African Nova Scotian communities have experienced longstanding and disproportionate harm caused by systemic inequity, Racism, and colonial structures, including those embedded in Canadian and Nova Scotian laws.
  6. The College is committed to policy implementation that is culturally responsive, historically informed, attentive to systemic inequities, and respectful of Indigenous Rights.
  7. This Policy does not seek to collapse distinct histories of harm and legal responsibility into a single framework. We are all Treaty people, and in treaty territory, anti-Indigenous Discrimination exists within a treaty context, and the College has a relational responsibility to Mi’kmaq communities.
  8. This policy affirms the College’s commitment to fulfill its ethical obligations under the Calls to Action of the Truth and Reconciliation Commission and the Scarborough Charter.

Scope
1. This policy applies to all members of the College Community.
2. This policy applies to Bullying, Harassment, Discrimination, Racism or Hate experienced, or alleged to have been perpetrated or been experienced, by a member of the College Community:
  1. occurring partly, or entirely, on college property.
  2. occurring partly, or entirely, in electronic environments such as online or in social media, where such behaviour negatively impacts the ability of a person to learn, live, and/or work at the College, and/or could have an adverse impact on the reputation of, or experience of, the learning, living, or working environment of the College.
  3. occurring partly, or entirely, in the course of employment or studies with the College, including without limitation to field work, off-campus learning, work experience placements, studies abroad and other international learning opportunities, work related travel, conferences and professional learning.
  4. occurring partly, or entirely, during participation in college-sponsored activities or programs.
  5. occurring outside of College property, where it impacts the ability of a person to learn, live, and/or work at the College, and/or could have a negative impact on the reputation of, or experience of, the learning, living, or working environment of the College.
  6. when activities or behaviours which are not necessarily directed at a specific individual, create a hostile, offensive or poisoned work, learning, and or living environment.
3. Concerns that involve Sexual Harassment and other forms of Sexual Violence will be resolved using the Sexual Violence Policy.
4. Where it appears that a concern is outside the scope of this policy or is one that should be more appropriately dealt with under another policy, Act or procedure, the College, through those acting as mandated by this policy, reserves the right to determine the approach to deal with the concern or refer it to the appropriate forum.
5. Nothing in this Policy precludes any member of the College Community from exercising their rights under a collective agreement or under the Nova Scotia Human Rights Act.

Definitions

Key definitions are found in Appendix A - Definitions. Additional definitions are found in the Glossary of Terms. 

Policy
1. Guiding Principles
  1. The College has a shared responsibility with all Nova Scotians to the achievement of equity and anti-Racism, preventing acts of Bullying, Harassment, Discrimination, Racism or Hate is a core priority of the College.
  2. Acts of Bullying, Harassment, Discrimination, Racism or Hate require urgent action to support the person(s) who has been harmed and to prevent further harm from occurring.
  3. The College will use a trauma-informed approach when applying this policy and use a relational or restorative approach whenever possible and appropriate.
  4. Reasonable limits are set on freedom of expression if it disrupts learning, work, well-being, or safety of the community, in line with the law and College policies.
  5. The College will be responsive to common barriers to disclosing, and the needs of the College Community concerning issues of Bullying, Harassment, Discrimination, Racism or Hate. The College will offer services and supports without requiring a complaint in writing.
  6. The College will offer college-led resolution options to people who disclose under this policy and aims to ensure that all resolution options, including investigations, are conducted in a culturally responsive and trauma-informed manner, recognizing diverse experiences and needs of those affected.
  7. The College is committed to taking appropriate corrective action respecting any Community member who subjects others to Bullying, Harassment, Discrimination, Racism and Hate.
  8. Beyond addressing individual incidents, this policy supports ongoing assessment to identify opportunities for education, training, and systemic improvement.
2. Prevention and Education
  1. The College is committed to:
    1. creating a college culture rooted in anti-Racism and preventing, so far as reasonably practicable, Bullying, Harassment, Discrimination, Racism or Hate motivated incidents and crimes by prioritizing awareness, education, and prevention to counter white supremacy, harmful attitudes, and behaviours.
    2. providing training to employees and further educational opportunities to students and employees on topics related to Human Rights, Harassment, Discrimination, and effective response under this policy.
    3. ensuring investigators are trained in conducting Harassment and Discrimination investigations, inclusive of culturally responsive and trauma-informed approaches.
    4. providing opportunities for committees and working groups, comprised of diverse representatives, including students, college leaders, staff, faculty, as well as subject-matter experts, to contribute to harassment and Discrimination prevention and education.
3. Reporting Options
  1. All members of the College Community are encouraged to contact the Human Rights Office (HRO) when they become aware of behaviours that may violate this policy.
  2. There are multiple, flexible pathways for a concern or complaint that fall under this policy to be addressed by the College. Refer to 41.02 Human Rights, Prevention of Harassment and Discrimination Procedures. This includes:
  3. Consultation: any College Community member may access the information, resources, and support of the Human Rights Office by meeting with the Respectful Community Lead and no further action will be taken without your consent, subject to the limitations of confidentiality and the Duty to Consult.
  4. Duty to Consult: Employees who become aware of offensive behaviour that could be classified as Bullying, Harassment, Discrimination, Racism or Hate as defined in this policy and procedure have a Duty to Consult with the Manager, Human Rights, or their designate, within 2 business days of receiving the disclosure or observing an incident.
  5. If it is unclear to the person receiving the disclosure/complaint/concern/report whether it meets the threshold, the Duty to Consult with Human Rights Office (HRO) applies.
  6. This also includes when concerns originate or are initially raised under Student Community Standards and Employee Community Standards.
  7. The Prevention of Harassment and Discrimination Assessment Form is intended to support employees in their Duty to Consult.
  8. The Manager, Human Rights may refer the complaint or concern to the Collaborative Case Response Table where appropriate.
  9. Collaborative Case Response Table (CCRT): Where a coordinated College response to complex and serious behaviours such as Bullying, Harassment, Discrimination, Racism or Hate is requested or required, the Collaborative Case Response Table (CCRT) will meet to determine a response pathway. This involves collaboration and connectivity between the Human Rights Office and partners such as Human Resources, Student Supports, and Public Safety, to align reporting requirements, ensure an effective College response, and activate their shared responsibility to reach an outcome. The response pathway may include Relational and Restorative Resolution Options or Administrative Resolution Options.
  10. Relational and Restorative Resolution Options: The Human Rights Office may facilitate Relational and Restorative Resolution Options to reach a resolution to a concern or complaint, such as facilitated dialogue, mediation, circles, including Mi’kmaq and African Nova Scotian restorative processes options, where available.
  11. A member of the College Community with concerns or complaints that do not fall under this policy but would benefit from Relational and Restorative Resolution Options to resolve the matter may be able to access these services through the Respectful Community Lead where possible and appropriate.
  12. Administrative Resolution Options: Where Relational and Restorative Resolution Options are exhausted, not appropriate, and/or there appears to be information to suggest that a violation may have occurred, the facts are in question, the incident is severe, there is significant risk, and/or the College is obligated to take action, an Administrative Resolution Option may occur, such as fact finding, Workplace Assessment, Fairness Review, or Investigation. If an Investigation is likely to occur, it will be considered by the CCRT.
  13. The College is committed to investigating all complaints of Bullying, Discrimination, Harassment, Racism and Hate as appropriate to the circumstances.
4. Retaliation
  1. No member of the College Community shall take any action that will punish, intimidate, threaten, harm, or adversely affect a person who has made a disclosure, consulted, or participated in any process under this policy.
  2. This includes making or filing complaints against a Complainant, Witness, Respondent, or other member of the College Community for retaliatory purposes
5. Review of Investigation Findings
  1. A Complainant or Respondent who is dissatisfied with Investigation findings under this policy may seek to have the matter reviewed on the grounds outlined in the procedures.
  2. Nothing in this policy seeks to limit available options through any Collective Agreement, the Nova Scotia Human Rights Act, or any other proceedings available in law.
6. Non-Disclosure Agreements
  1. The College does not require those who have experienced Bullying, Harassment, Discrimination, Racism or Hate to sign Non-Disclosure Agreements preventing them from speaking about or otherwise sharing their experience.

Policy Supports

5.1 Related Policies and Procedures
41.11 Human Rights Prevention of Harassment and Discrimination Procedure
41.12 Respectful Community Guidelines (login required)
33.01 Student Community Standards Policy
39.01 Sexual Violence Policy
42.01 Employee Community Standards Policy
42.31 Safe Disclosure Policy
73.01 Health and Safety Policy
73.21 Violence Prevention Policy

5.2 Other Resources
Collective Agreements
Calls to Action of the Truth and Reconciliation Commission
Criminal Code of Canada
Scarborough Charter
Nova Scotia Human Rights Act
Dismantling Racism and Hate Act
Occupational Health and Safety Act

Appendix A - Definitions

Term	Definition
Bullying	conflict is not, on its own, harassment (also known as bullying). However, conflict may escalate to the point where it becomes harassment. A single incident of unreasonable or inconsiderate behaviour may not, on its own, be harassment. However, conflict may escalate to the point where it becomes harassment and could be in breach of this policy or other policies. Reasonable management action (in class or work settings) is not harassment This includes: Any reasonable action taken by the College, or by its employees in supervisory positions, relating to the management and direction of employees or the workplace. Any reasonable action taken by the College, or by an instructor, faculty member, or person in a similar position, relating to the management and direction of Students in the classroom or to the management, direction, assignment, or supervision of research or academic work. Examples of reasonable action, when undertaken in an appropriate manner, include expressing differences of opinion; offering constructive feedback, guidance, or advice; evaluating work; and establishing deadlines. Examples of conduct or comments that might constitute bullying and harassment include verbal aggression, using derogatory names, vandalizing personal belongings, and making aggressive or threatening gestures.
Complainant	an individual who belongs to or is recognized as part of a community, through residence, participation, or affiliation, and who shares the rights, responsibilities, and impacts of that community.
Culturally informed	an approach that recognizes and incorporates the cultural identities, worldviews, and lived experiences of individuals and communities into programs, policies, and practices including those of Mi’kmaq and Indigenous Peoples or African Nova Scotian and people of African descent. It requires acknowledging how culture shapes health, well-being, and social determinants; valuing distinct traditions, languages, and histories; addressing systemic inequities; and working with communities to co-create solutions that reflect their priorities and strengths.
Culturally responsive	an approach that recognizes the uniqueness of each individual, their culture, and history.
Disclosure or disclosure	sharing information about an experience or experiences of Bullying, Harassment, Discrimination, Racism or Hate with an employee of the College other than a campus counsellor. The disclosure of information to an employee initiates a duty to consult with the Human Rights Office within two business days. A disclosure may lead to a report as defined within this policy and subsequent investigation or alternative resolution. Only a campus counsellor can receive confidential disclosure.
Discrimination	making a distinction, whether intentional or not, based upon a characteristic or perceived characteristic protected under the Human Rights Act. Discrimination includes action, behaviour, or attitudes, which could or ought reasonably to be known to offend or deny fair treatment; that have the effect of imposing burdens, obligations or disadvantages on an individual or a class of individuals not imposed on others or which withhold or limit access to opportunities, benefits and advantages available to other individuals or classes of individuals in society, based upon the protected characteristics set out in the Nova Scotia Human Rights Act, RSNS 1989, c214.
Duty to consult	an obligation imposed on an employee to engage with a particular college department or office before making decisions or taking actions that could impact an individual's rights, interests, or well-being.
Fairness	requires Procedural, Substantive, and Relational fairness.
Fairness review	an independent evaluation of whether a process or decision was carried out in a manner that is procedurally, substantively and relationally fair, with the intention of protecting the integrity of our processes. In certain cases where fairness concerns arise, and a review determines that there is information that if considered, may have resulted in a different decision, the original decision maker or an independent reviewer may determine that they need to consider additional information, and they will determine whether the decision should be revisited.
Harassment	a single significant occurrence or a course of repeated occurrences of objectionable, offensive, or unwelcome conduct, comment or action in the workplace, learning, or living environment, including bullying, that, whether intended or not, degrades, intimidates or threatens, and includes any of the following: workplace harassment or bullying that is based on any personal characteristic, including, but not limited to a characteristic referred to in clauses 5(1)(h) to (v) of the Nova Scotia Human Rights Act. inappropriate sexual conduct, including, but not limited to, sexual solicitation or advances, sexually suggestive remarks or gestures, circulating or sharing inappropriate images or unwanted physical contact. behaviours that are rude, discourteous, or insensitive, where there may be no clear intention to harm. Inconsiderate behaviours may create an environment in which offensive behaviour may occur, particularly when it forms a pattern of behaviour. Examples of conduct or comments that might constitute bullying and harassment include verbal aggression, using derogatory names, vandalizing personal belongings, and making aggressive or threatening gestures. Harassment does not include reasonable management action, in learning, living, or work settings, such as: any reasonable action taken by the College, or by its employees in supervisory positions, relating to the management and direction of an employee or the workplace, or any reasonable action taken by the College, or by an instructor, faculty member, or person in a similar position, relating to the management and direction of students in the classroom or to the management, direction, assignment, or supervision of research or academic work, or any reasonable action taken by the College, or by its employees responsible for housing and the living environment to manage safety and considerate conduct in these environments. Examples of reasonable action, when undertaken in an appropriate manner, include expressing differences of opinion; offering constructive feedback, guidance, or advice; evaluating work; and establishing deadlines.
Hate	provocation, hostility or intolerance by means of threats, harassment, abuse, incitement or intimidation motivated by the actual or perceived race, religion, national origin, ethnicity, gender, gender identity, gender expression, disability or sexual orientation of any person; NS Dismantling Racism and Hate Act.
Interim measures	temporary steps established by the Collaborative Case Response Table to help keep the learning, living, and working environment safe. These steps are not meant to punish anyone and do not mean that a decision has been made about what happened. They are usually used when someone is accused of violating a policy to help keep everyone safe and reduce harm and usually combined with supportive measures.
Investigation	a procedurally fair, culturally attuned, and impartial process undertaken to gather facts, assess evidence, and determine whether a reported incident of alleged misconduct has occurred. Investigations are conducted in a timely, fair manner, ensuring that all parties involved are provided with the opportunity to present relevant information and that outcomes are based on objective and reasonable findings.
Investigator	a person trained in conducting trauma informed investigations of reports of Bullying, Harassment, Discrimination, Racism or Hate and selected by the Collaborative Case Response Table, who conducts a college investigation. An investigator may be an NSCC employee, or an external person engaged by the College.
Nondisclosure agreement	a contract that prevents those who sign it from disclosing to others information contained in the agreement. NSCC does not use Nondisclosure Agreements
Procedural fairness	requires notice of the matter under consideration; access to information that will be considered when the decision is made; the right to respond; a meaningful opportunity to be heard; an impartial and unbiased decision maker; and reasons for the decision or outcome. The College considers personal privacy and safety factors when determining access to information.
Poisoned work, learning, and or living environment	a poisoned work, learning, and/or living environment is characterized by activities or behaviours, which may or may not be directed at anyone in particular, that create a hostile or offensive learning, working, and/or living environment.
Racism	the discrimination or antagonism by, or the prejudice of, an individual, community or institution against a person or people based on the person’s or people’s membership or perceived membership in a racial or ethnic group (from DRH Act, NS).
Relational fairness	as appropriate to the circumstances of the process, relational fairness requires a decision maker: provide attention, listen to points of view and evidence; be approachable and easy to communicate with about the decision and decision-making process; be honest and forthright in dealing with those affected by decisions; respect confidentiality during and after the process; be accountable, offer apologies if mistakes are made; refrain from retaliation in any form.
Respondent	a person who is alleged to have violated this policy.
Substantive fairness	requires that decisions be made by those with appropriate authority to do so; made with relevant information; not unjust, oppressive, or discriminatory; wrong in fact or law; and are reasonable.
Supportive measures	adjustments made to the learning, work, or living environment to provide greater opportunity for success during and in some cases, after, involvement in a resolution process for a complaint or report of bullying, harassment, discrimination, racism or hate.
Trauma-informed	understanding that many people have experienced trauma, and that it affects how they feel and behave. It means working to create physically, emotionally, and culturally safe environments and processes; and treating people in ways that build trust, gives them choices, and helps them feel empowered.
Workplace assessments	are used to understand how employees currently experience the workplace culture and environment, typically structured with confidential interviews, to identify strengths, emerging concerns, and opportunities for improvement so that timely, informed actions can be taken to support a respectful, healthy, and effective work environment.
	For additional definitions, refer to: Glossary of Terms for Policies \| NSCC