Tag: prohibited conduct
Guideline for Prohibited Conduct: Board policy 2020
At its August 19, 2020 meeting, the board approved a Guideline for Prohibited Conduct.
The Board took this step because the board is sometimes faced with instances of problematic conduct. Since eviction isn’t appropriate in many of these circumstances, they felt Woodsworth needed other tools to address them.
The new guideline is based directly on two sections from CHFC’s version 2 of the model Occupancy Bylaw. Our own newly adopted Occupancy Bylaw was based on version 1 and didn’t include these two sections.
The guideline is an extension of the existing section 7.1 (prohibited conduct) in our bylaw. It specifically identifies behaviours which are prohibited in that section, such as harassment. It also provides a tool for the board to use in some of these circumstances: no trespass notices. We did not change CHFC’s wording. We simply took that section from the version 2 model bylaw and adopted it as a guideline.
Please note that the guideline is clear that criticism of the board and management is entirely permissible if it is made in a reasonable and constructive way.
By and large, Woodsworth members live cooperatively and treat each other with kindness and generosity. Unfortunately there are exceptions. The board approved the guideline because we needed a framework to address these exceptions.
GUIDELINE FOR PROHIBITED CONDUCT
Approved by the Board of Directors on August 19, 2020
The following two sections are from Version 2 of the CHFC Model Occupancy Bylaw. In the model bylaw, they are labeled 7.9 Criticism of Board and Staff and 7.10 No Trespass Notices.
I. Criticism of Board and Staff
Criticism of the job performance of the board of directors and staff is not harassment or a breach of section 7.1 (Prohibited Conduct) if it is made in a reasonable and constructive way. Examples of ways that are not reasonable or constructive include:
- making complaints or requests in a loud or threatening or pressing manner
- refusing to leave the co-op office or adjacent spaces when asked by staff
- making any kind of threat or taking any threatening action against directors or staff
- making personal statements about staff or directors
- making repeated complaints about things that are the same or similar
- sending repeated e-mails or voicemails about things that are the same or similar
- putting complaints on social media or in other public places
- sending complaints to persons outside the co-op in order to embarrass the board or staff.
II. No Trespass Notices
(a) Prohibited conduct or violence
The board of directors can issue a No Trespass Notice in order to prevent or control prohibited conduct or violence.
(b) Limits
A No Trespass Notice to a member, someone in a member’s household or a board-approved sub-occupant can forbid that person from being on parts of the co-op property other than the member’s unit and the access to the unit. A No Trespass Notice to anyone else can forbid that person from being on co-op property.
(c) Right to review
A member can ask the board of directors to reconsider a No Trespass Notice that affects the member or the member’s household, sub-occupants or guests. The request to reconsider has to be delivered to the co-op office within five days after delivery or posting of the No Trespass Notice. The request must be signed by all co-op members in the household. The member will be given at least ten days written notice of a board meeting for reconsideration. The member can be present and make submissions with or without a representative. The board’s decision will be final and cannot be appealed to the membership. The No Trespass Notice will remain in effect during the reconsideration process unless the board decides to suspend it.
(d) Additional reviews after one year
A member can ask the board of directors to reconsider a No Trespass Notice one year after it was issued or one year after the last requested review—whichever was later.
The request to reconsider must be signed by all co-op members in the household. The member will be given at least ten days written notice of a board meeting for reconsideration. The member can be present and make submissions with or without a representative. The board’s decision will be final and cannot be appealed to the membership. The No Trespass Notice will remain in effect during the reconsideration process unless the board decides to suspend it.
(e) Enforcing No Trespass Notice
The board of directors or co-op staff can take any appropriate action to enforce a No Trespass Notice. A member cannot invite or permit someone to be in the member’s unit or on any part of co-op property if it would be a breach of a No Trespass Notice.
Board of Directors
Racial Discrimination: from the Ontario Human Rights Commission
Submitted by the Board of Directors, July 6, 2022
The Board sometimes receives complaints about violations of our Human Rights Bylaw which is based on the Ontario’s Human Rights Code. We remind members that we must strive to live together free of discrimination, and that when the Board receives complaints, we must investigate. Below is an instructive article from the Human Rights Commission’s website.
Ontario’s Human Rights Code
The Ontario Human Rights Code (the Code) provides for equal rights and opportunities, and freedom from discrimination.The Code recognizes the dignity and worth of every person in Ontario. It applies to the areas of employment, housing, facilities and services, contracts, and membership in unions, trade or vocational associations.
Under the Code, every person has the right to be free from racial discrimination and harassment. You should not be treated differently because of your race or other related grounds, such as your ancestry, colour, place of origin, ethnic origin, citizenship or creed. This applies to areas covered by the Code such as at work, at school, in rental housing, or in services. Services include places such as stores and malls, hotels and hospitals, recreation facilities and schools.
Racism and racial discrimination
In Canada, there are strong human rights laws and systems to address discrimination. At the same time, we also have a legacy of racism – particularly towards Aboriginal persons, but to other groups as well, includ ng African, Chinese, Japanese, South Asian, Jewish and Muslim Canadians. This legacy affects our systems and structures even today, affecting the lives of racialized persons and all people in Canada.
The Ontario Human Rights Commission describes communities facing racism as “racialized.” Race is a social construct. This means that society forms ideas of race based on geographic, historical, political, economic, social and cultural factors, as well as physical traits, even though none of these can be used to justify racial superiority or racial prejudice.
Racism is a broader experience and practice than racial discrimination. Racism is a belief that one group is superior to others. Racism can be openly displayed in racial jokes, slurs or hate crimes. It can also be more deeply rooted in attitudes, values and stereotypical beliefs. In some cases, people don’t even realize they have these beliefs. Instead, they are assumptions that have evolved over time and have become part of systems and institutions, and also associated with the dominant group’s power and privilege.
Racial discrimination is the illegal expression of racism. It includes any action, intentional or not, that has the effect of singling out persons based on their race, and imposing burdens on them and not on others, or withholding or limiting access to benefits available to other members of society, in areas covered by the Code. Race only needs to be one factor in a situation for racial discrimination to have occurred.
Racial harassment is a form of discrimination. It includes comments, jokes, name-calling, display of pictures or behaviour that insults you, offends you or puts you down because of your race and other related grounds.
Racial discrimination can often be very subtle, such as being assigned to less desirable jobs, or being denied mentoring and training. It might also mean facing different job standards than other workers, being denied an apartment because you appear to have Aboriginal ancestry, or facing unfair scrutiny from police while driving or from security staff at a shopping mall.
Systemic racial discrimination
Racial discrimination can happen on an institutional – or systemic – level, from everyday rules and structures that are not consciously intended or designed to discriminate. Patterns of behaviour, policies or practices that are part of the structures of an organization or an entire sector can disadvantage or fail to reverse the ongoing impact and legacy of historical disadvantage of racialized persons.This means that even though you did not intend to, your “normal way of doing things” might be having a negative impact on racialized persons.
Identifying and addressing racial discrimination
Organizations must take proactive steps to make sure they are not taking part in, condoning or allowing racial discrimination or harassment to happen.
An anti-racism program will also make it easier for organizations to promote equity and diversity goals, and it makes good business sense.
For more information
The Ontario Human Rights Commission’s Policy and Guidelines on Racism and Racial Discrimination and other publications are available at www.ohrc.on.ca.
Woodsworth’s Human Rights By-law is available on the co-op website – www.woodsworthcoop.ca and in the By-law binder in the photocopy room on the 2nd floor.
Member conflicts and complaints, January 2022
Published in the Weekly January 9, 2022
From the Board of Directors
Our Woodsworth community being like any other community means we don’t always live harmoniously. Conflicts between members can be very difficult for the affected parties, but they can also impact our staff and the Board which must try to find resolutions. To illustrate the toll of such conflicts, at her exit interview, one of our recent managers named the stress from such member conflicts as one of the main reasons she left the job.
Conflict Resolution
During the exit interview, this ex-manager also suggested that the lack of conflict resolution skills in the Co-op revealed the need for more education, as well as training for dealing with grievances.
The Board agreed, and we had hoped to arrange professional training for new members of the Reconciliation Committee. Unfortunately, not enough people ran for committee positions at election time, and now we have to consider other options for moving forward. We ask a favour; if members have any suggestions, please forward them to us at board@woodsworthcoop.ca or if you don’t use a computer, drop off your note in the Board mailbox located in the second floor lobby.
At the very least, we are planning to hold a co-op-wide workshop, conducted by a mediator, in the near future. Look for details to be announced soon.
Co-operative communication
In the meantime, we ask members and long-term guests to try to live cooperatively. Woodsworth is a diverse community, all of us unique, so we ask for tolerance towards our differences as well. We can all agree that everyone should feel safe, after all.
Ultimately, the Co-op always encourages members to try to resolve conflicts themselves and to do this, respectful communication is key. But please be aware that leaving anonymous notes at people’s doors is not cooperative, and could in fact be construed as harassment in some circumstances.
A reminder that problematic behaviors, such as abusive language, harassment, and/or threats of violence are prohibited in our bylaws, and if extreme enough, could potentially lead to eviction. We don’t want to sound heavy handed, but unfortunately some of these behaviors do occur, and the Board is obligated to take action.
Human Rights
Another factor in all this is our duty to abide by the Ontario Human Rights Code. The Code applies to the Co-op as a whole, including the Board, management, contractors, all committees and individual members as well. It is illegal to discriminate against or harass others on prohibited grounds: race, colour, ancestry, creed (religion), place of origin, ethnic origin, citizenship, sex (including pregnancy, gender identity), sexual orientation, age, marital status, family status, disability and receipt of public assistance.
Unfortunately, not only has Woodsworth had human rights claims brought against it in the past, it currently has three cases in process at the Human Rights Tribunal of Ontario. As we’ve stated elsewhere, the Board and staff have worked with our insurance lawyer and the co-op’s lawyer to address these, which takes up time, resources and co-op money.
The Board will therefore investigate complaints that come to its attention in order to protect potential victims, and also to protect the Co-op from further litigation. The procedure for dealing with human rights complaints is laid out in our Human Rights Bylaw, found on the co-op website and also in the green bylaw binder in the Photocopy Room.
Rules
Sometimes member conflicts are about rules, or more specifically, about not following the rules. Though some of the time, people are unclear about what these are. Please check out the Rules Bylaw. The newly published A-Z Handbook for Woodsworth Members is also a good resource.
One thing to keep in mind about co-op rules: they are not policed. Staff manage the Co-op, and the Board governs it, but no one polices it. In a way, it’s an honour system. When we agree to live here, we agree to conduct ourselves cooperatively, and to abide by our bylaws and policies.
Of course, the rules apply to everyone equally, and if they are flouted or broken please let management or the Board know. If there is a complaint against staff, please only contact the Board. And if there is a complaint against a board member, please know that the director is required to declare a conflict of interest while the complaint is addressed.
Conclusion
This article isn’t a very nice way to start the new year and we apologize for that. Most Woodsworth members do in fact live harmoniously, and our community is wonderful in most ways. But conflict is one of the most inevitable things in life, especially during a stressful pandemic. We are trying to resolve these problems in a manner that is fair, transparent and effective. And we ask members involved in conflicts to do their part and please treat fellow members with respect.