4.1  Psychological harassment   

Vexatious conduct characterized by recurring hostile or unwanted behaviours, words, actions or gestures that affect the person’s dignity or their psychological or physical integrity, and create an adverse study or work environment for them.

An isolated serious incident may also constitute psychological harassment if it generates these conditions and the victim suffers ongoing negative effects.

4.1.1 Manifestation

Without limiting the generality of Section 4.1, psychological harassment can take various forms, including :

1. unacceptable or offensive behaviour that, whether isolated or persistent, consists of intimidation, threats, violence, blackmail or coercion, and results in the victim feeling belittled, diminished, humiliated, isolated or embarrassed;
2. repeated insinuations, unfounded accusations, insults or humiliations, yelling or shouting;
3. systematic disruption of normal work or study conditions, sabotaging the location or tools used for work or study;
4. the abuse of a situation of power or authority, whether or not such power or authority is official, by threatening the victim’s job or studies or hindering performance;
5. behaviour intended to create a work or study environment that is hostile, unpleasant, offensive and degrading.

However, the execution of management or teaching responsibilities (e.g. distributing tasks or workloads, monitoring attendance, overseeing performance requirements), the instigation of administrative or disciplinary actions associated with such responsibilities, or the occurrence of a single or isolated incident (e.g. an inappropriate or abrupt remark) do not in themselves constitute violence or harassment.

4.2  Sexual harassment   

Conduct that, expressed through repeated and unwanted comments, actions or gestures having a sexual connotation, affects the victim’s dignity and/or physical or psychological integrity, or creates an unfavourable work or study environment.

Harassment usually consists of repeated actions. However, an isolated incident of sufficient gravity that has ongoing negative effects for the victim may also constitute sexual harassment.

4.2.1. Manifestation

Without limiting the generality of Section 4.2, sexual harassment can take various forms, including :

1. comments or behaviours that are belittling, degrading, offensive or humiliating and that violate the victim’s dignity;
2. the implicit or explicit promise of a reward, made in order to obtain consent to requests of a sexual nature;
3. implicit or explicit threats of reprisal, regardless of whether or not they are acted upon, made in order to obtain consent to requests of a sexual nature or following a refusal to grant such a request;
4. comments or behaviours with a sexual connotation that may be reasonably perceived as creating a negative or hostile work or study environment.

4.3  Publications  

This regulation also applies to sexual harassment as conveyed through posters, flyers, newspapers or other similar publications. In such instances the complaint will be brought against the author, publisher or person(s) who authorized the publication and display.

4.4   Responsable   

The Person Responsible is the person in charge of applying this regulation, and is appointed by the Board upon the recommendation of Polytechnique’s Chief Executive Officer for a renewable two- (2-)year term. This appointment endows the Person Responsible with the authority to implement the regulation and monitor any ensuing decisions.

Should the Person Responsible be the subject of a complaint or the victim of harassment under this regulation, the matter will be handled by Polytechnique’s Chief Executive Officer..

5.1  Individuals  

This regulation applies to any person employed by Polytechnique, including managerial staff and regular, temporary, contract or casual employees. It also applies to any person connected to Polytechnique, including but not limited to students, contractors, customers, suppliers, and users.

5.2  Activities  

This regulation applies to all incidents related to work, teaching or research. These incidents may take place in or outside of the workplace, and within or outside of normal working or classroom hours, but must occur in work- or study-related contexts.

9.1  Informal resolution   

1. The complainant must submit a written statement to the Person Responsible outlining the allegations and naming the alleged harasser, stating that he or she wishes to deal with the matter through informal resolution. The complaint must be filed no later than ninety (90) days after the last incidence of the alleged conduct.
2. Within ten (10) working days after filing the complaint, the Person Responsible appoints an investigator to verify the validity of the complaint. If the allegations prove founded, the Person Responsible promptly takes steps to stop the harassment.
3. The complaint investigator submits a report to the Person Responsible along with recommendations as to whether to attempt to resolve the situation through mediation (if both parties agree to a mediator), or regarding the nature of any disciplinary measures to impose.
4. If the matter is not settled to the complainant’s satisfaction, he or she may proceed to a formal complaint.

9.2  Formal complaint   

1. Complainants must submit a written statement to the Person Responsible outlining the allegations, naming the alleged harasser, and stating that they wish to invoke the formal procedure. The complaint must be filed no later than ninety (90) days after the last incidence of the alleged conduct, or within one hundred and twenty (120) days if the complainant had previously tried to resolve the matter informally.
2. This procedure authorizes the contents of the complaint and the identity of the alleged harasser to be fully disclosed to any person involved in processing the complaint.
3. In the ten (10) working days following receipt of the complaint, the Person Responsible forms a special committee composed of:
   1. One person appointed by the complainant;
   2. One person appointed by the alleged harasser;
   3. One person chosen by the first two, who will also act as the committee chair. When the complaint is related to academic activities, the person chosen must be a university professor. Failing agreement, the third person is to be appointed by Polytechnique’s Chief Executive Officer on the recommendation of the Person Responsible.

4. The committee is entitled to conduct any investigations and hear any witnesses it deems pertinent;
5. The committee must report to the Person Responsible no later than thirty (30) calendar days after being formed (note that this period may be extended when circumstances warrant). The committee’s report examines the validity of the complaint and may, as needed, include a recommendation regarding any disciplinary measures to be imposed.
6. Should the allegations prove founded, the Person Responsible must promptly take steps to stop the harassment.
7. The Person Responsible must ensure that the committee’s report receives timely and appropriate follow-up.

10.1  Polytechnique employees   

1. Intermediate measures before and during the investigation, e.g. suspension with or without pay, transfer, etc;
2. Request for an official apology;
3. Oral or written reprimand;
4. Participation in a coaching session on appropriate workplace behaviour;
5. Consultation with resource persons;
6. Coaching;
7. Suspension without pay for a determined period;
8. Demotion;
9. Dismissal.

10.2  Polytechnique students   

1. Warning;
2. Request for an official apology;
3. Written complaint added to student’s record;
4. Reprimand;
5. Probation;
6. Registration cancelled for the semester;
7. Expulsion.

10.3  Parties (clients, contractors, suppliers, users, etc.)    

1. Complaint issued to the employer;
2. Written warning;
3. Request for an official apology;
4. Expulsion;
5. Loss of privileges;
6. Cancellation of contract.