Human Rights, Anti-Discrimination and Anti-Racism Policy

1.1 The Durham District School Board (“DDSB”) adopts this policy to protect, uphold and promote human rights and to prevent discrimination and discriminatory barriers in all DDSB learning and working environments. Protecting, upholding and promoting human rights are necessary to meetthe mandate of the DDSB and to create and foster a culture of care where students and 
employees can thrive and have a sense of safety, well-being, engagement and belonging. 

1.2 In this policy and related procedures, “discrimination” means all forms of individual, intersectional and systemic discrimination in respect of any of the Prohibited Grounds (as defined in this policy). There is no hierarchy of rights. The policy applies equally to all Prohibited Grounds and combination of grounds and applies to all forms of discrimination, including (and not limited to) racism, ableism, sexism, homophobia, biphobia, transphobia, faithism and classism.

1.3 The DDSB adopts this policy to better fulfill its obligations under the Ontario Human Rights Code (the “Code”) and in so doing recognizes that human rights and anti-discrimination (anti-racist, anti-ableist, anti-sexist, anti-homophobic, anti-biphobic, anti-transphobic, anti-faithist and anticlassist) approaches, actionsand initiatives are required to address all forms of discrimination.

1.4 In addition, this policy addresses the DDSB’s obligations under the Anti-Racism Act and the Accessibility for Ontarians with Disabilities Act (AODA). This in no way diminishes the Board’s commitment to address all forms of discrimination with equal determination as is reflected in the terms of this Policy below and the detailed procedures implementing this policy.

1.5 Key human rights and equity terms used in this policy are defined in Appendix A: Glossary of Terms. 

1.6 The DDSB’s Indigenous Education Policy acknowledges the distinct rights of Indigenous Peoples. Indigenous Peoples may elect to pursue any right or remedy under this policy and related procedures or under the Indigenous Education Policy and procedures, as they may deem appropriate in any given circumstance.

1.7 Systemic discrimination is pervasive and deeply entrenched and operates in society, institutions, structures, policies and standards, including in educational institutions and the DDSB. This stems from the effects of:

1. Discriminatory ideologies and systems and the structural dominance of white supremacy, racism, sexism, ableism, heteronormativity, cisnormativity/cisgenderism, cissexism, faithism and classism; and
2. Historical and ongoing colonialism, systemic and intersecting discrimination and oppression, including but not limited to the legacies and ongoing intergenerational effects of residential schools, enslavement and unique discriminatory structures, policies and practices against people based on ancestry, race, disability, sex, sexual orientation, gender identity, gender expression, creed, age, socioeconomic status and other Prohibited Grounds and combination of grounds

1.8 These discriminatory ideologies and structures perpetuate dominant perspectives (including white supremacy and racist, ableist, sexist, gendered, heteronormative, cisnormative, cissexist, faithist and classist assumptions, stereotypes and beliefs) that:

1. Erase or diminish students’ and employees’ identities, voices, knowledge and experiences because of inaccurate information, biases, attitudes and stereotypes (for example, deficit ideologies and low expectations); and
2. Do not consider the histories, accomplishments, strengths, abilities, and identities of Indigenous Peoples, Black peoples, racialized peoples, people with disabilities, people who identify as members of 2SLGBTQI communities, people who are members of religious/faith communities that are subjected to discrimination, and other groups based on Prohibited Grounds.

1.9 Discrimination causes harm to students, families, employees and communities and can:

1. Negatively affect physical, emotional, psychological and spiritual safety, mental health and well-being;
2. Create barriers to academic and employment-related achievement and success; and
3. Result in inequitable and disproportionate educational, employment/career and social experiences, opportunities and outcomes.

1.10 Therefore, in adopting this policy, the DDSB confirms its commitment and responsibility to:

1. Understand and combat the impacts of historical and ongoing discrimination and discriminatory ideologies, including white supremacy, racism, xenophobia, patriarchy, sexism, ableism, heteronormativity, homophobia, cisnormativity/cisgenderism, cissexism, biphobia, transphobia, faithism, ageism and classism; 
2. Identify, prevent and address all forms of discrimination in DDSB services and employment; and
3. Provide learning and working environments that centre human rights and equity and that are safe, welcoming, respectful, equitable, inclusive, accessible and free from all forms of discrimination, oppression and harm.

1.11 The DDSB also recognizes the critical role and responsibilities it, and the education system as a whole, has in creating a climate of understanding and mutual respect for all DDSB community members, and in supporting learning about human rights.

Application and Scope

2.1 The key objectives of this policy are to:

1. Establish a human rights, anti-discrimination, anti-oppression and anti-racism framework and approach to education and employment that centres the work of the DDSB and promotes individual and organizational responsibilities and accountability;
2. Embed human rights, anti-oppression, anti-discrimination, Universal Design for Learning (UDL), culturally relevant and responsive pedagogy (CRRP), inclusive design and accessibility principles, approaches and actions in all aspects of services, employment and learning and working environments
3. Foster and sustain a culture that recognizes and respects the dignity and worth of all DDSB community members and where DDSB community members have equal rights and opportunities, are welcome and included, are treated with dignity and respect and can fully participate in DDSB services and employment, without discrimination;
4. Intentionally address anti-Indigenous racism, anti-Black racism, anti-Asian racism, anti-Latin American racism, all other forms of racism, Islamophobia/anti-Muslim hate, antisemitism, other forms of religious discrimination, ableism, homophobia, biphobia, transphobia, and all other forms of discrimination and hate in DDSB learning and working environments;
5. Centre student voices and experiences, particularly students who are most impacted by historical and ongoing systemic discrimination and oppression;
6. Foster meaningful engagement with diverse student, employee and community groups on initiatives that affect them (“nothing for/about us without us”);
7. Value, affirm and reflect students’, families’, employees’ and communities’ diverse identities, family structures, lived realities and experiences, perspectives, strengths, abilities, talents, skills, cultures, histories and achievements, and honour and support the expression of their identities;
8. Provide caring and safe learning and working environments that respect and protect human rights, that promote high expectations and achievement and that remove barriers to success;
9. Support the duty to accommodate needs related to a Prohibited Ground(s) to the point of undue hardship, in a manner that recognizes and respects individual identities, strengths, abilities and needs and that maximizes inclusion, integration, participation and independence; and
10. Support accessible, safe, fair and effective human rights issue and complaint resolution processes.

2.2 In adopting this policy, the DDSB recognizes and accepts the principle of targeted universalism. That is, although certain initiatives may be designed to support specific groups (i.e., communities who have historically been or are currently discriminated against), these initiatives will improve access and remove discriminatory structures and barriers to everyone’s benefit.

3.1 This policy is for the benefit of all DDSB community members in all DDSB learning and working environments. This policy references the following defined terms:

• DDSB community members are employees, students, parents/guardians, families, permit holders, vendors, service providers, authorized visitors and any other person authorized to be present within DDSB learning and working environments or spaces.
• DDSB learning and working environments include virtual and in-person meetings, events and activities including those that take place outside of usual learning and working spaces and environments, or outside of usual learning and working hours, when the activity is sufficiently connected to DDSB learning environments or the workplace (for example, conferences, training events, school trips, social media, extracurricular events, etc.).
• DDSB employees include permanent, temporary, casual and contract staff, volunteers, university and college students on placement, interns and any other persons included in the definition of “worker” under the Occupational Health and Safety Act (OHSA).

3.2 All DDSB community members have the right to be treated with dignity and respect and to DDSB services, employment and learning and working environments that are free from discrimination.

3.3 All DDSB policies and procedures shall be interpreted and applied in a manner consistent with the terms of this policy in order to prevent discriminatory structures, barriers, experiences and outcomes. To the extent that the terms of any DDSB policy or procedure contradict the terms of this policy, the terms of this policy shall govern.

3.4 All DDSB processes, programs, practices and initiatives shall comply with and shall be consistent with this policy.

A. Human Rights

Prohibited Grounds for Discrimination

3.5 This policy prohibits discrimination and harassment by DDSB community members in the delivery of services, in employment and in DDSB learning and working environments based on the following prohibited grounds (“Prohibited Grounds”):

• Age
• Ancestry (includes Indigenous ancestry)
• Citizenship
• Colour
• Creed (religion, includes Indigenous spiritual practices)
• Disability (includes mental, physical, developmental and learning disabilities and addictions)
• Ethnic origin
• Family status (being in a parent-child or equivalent relationship) 
• Gender identity (which may be the same or different from a person’s birth assigned sex)
• Gender expression (how a person publicly presents their gender)
• Marital status (the status of being married, single, widowed, divorced or separated and includes “common-law relationships”)
• Place of origin
• Race
• Record of offenses (in employment only)
• Sex (includes pregnancy)
• Sexual orientation
• Socioeconomic status (for students in DDSB services and learning environments).

3.6 The Prohibited Grounds of discrimination under this policy shall be deemed amended to reflect any changes to the Code or expansion of analogous grounds as determined by a court of competent jurisdiction.

3.7 Language/language-related needs that are connected to a Prohibited Ground(s) may be addressed under this policy.

3.8 This policy also prohibits discrimination and harassment based on:

1. Association or relationship with a person who identifies based on one or more of the 
   Prohibited Grounds
2. The perception that a person identifies based on one or more of the Prohibited Grounds (for example, perceived ancestry, race, creed/religion, disability, sexual orientation, gender identity, etc.); and
3. Any combination of two or more Prohibited Grounds where systems/structures may impose distinct discriminatory barriers and/or individuals may be affected by distinct forms of discrimination and harassment based on the unique intersection(s) of these grounds (i.e., intersectionality).

Policy Violations

3.9 DDSB community members shall not engage in discrimination related to a Prohibited Ground(s) against any DDSB community member in DDSB learning or working environments. In this regard, the following conduct (refer to Appendix A for definitions) is unacceptable and prohibited:

1. Any form of discrimination;
2. Harassment, bullying and cyberbullying;
3. Sexual harassment or sexual solicitation;
4. Hate activity, including hate incidents, hate speech and hate crimes;
5. Creating or contributing to a poisoned learning or working environment;
6. Condoning or failing to address or prevent potential discrimination;
7. Interfering with an investigation under this policy or related procedures;
8. Failing to address the duty to accommodate under the Human Rights Code and the Human Rights Policy to the point of undue hardship;
9. Failing to meet their Duty Bearer responsibilities (as set out below);
10. Reprisal or threat of reprisal;
11. Breaching the confidentiality provisions of this policy; and
12. Bad faith complaints.

Discriminatory Effect/Impact

3.10 A practice, behaviour, action or inaction will be considered a violation of this policy where the effect or impact, whether intentional or unintentional, is discriminatory.

Raising Issues or Complaints about Policy Violations

3.11 Any community member may assert a violation of this Policy. The process for doing so is as follows: 

1. A complaint by a DDSB employee against another DDSB employee alleging a breach of this policy would proceed under the Complaints Procedure - Human Rights, Safe and Respectful Workplace and Workplace Harassment Prevention;
2. A complaint by a student/family against a DDSB employee alleging a breach of this policy would proceed under the Student/Family Human Rights Issue/Incident and Complaint Resolution Procedure adopted under this policy; and
3. Issues with respect to other community members failing to comply with the terms of this policy (such as students and parents/guardians) would be addressed with reference to the Code of Conduct and Discipline for Students and in the same manner as any other alleged breach of the Code of Conduct and Discipline for Students

Consequences for Policy Violations

3.12 The Code and this policy are not punitive. It is anticipated that consequences for policy violations will typically engage corrective and remedial measures to prevent recurrences and to support education/learning. While specifics as to consequences are operational and are left to the Director of Education and designates to address in procedures, protocols and practices, responses to policy violations may include a range of remedial, responsive, restorative and corrective measures including discipline up to and including termination of employment (foremployees) or expulsion (for students), subject to the principles of progressive discipline.

Potential Competing Rights

3.13 In situations where a person or a group’s rights may conflict with another’s, the Director of Education or designates shall respect the importance of all rights, collaboratively explore options and solutions to address potential conflicting or competing rights and maximize rights for everyone consistent with the Ontario Human Rights Commission’s Policy on Competing Human Rights framework, human rights and legal principles (for example, that no rights are absolute and that there is no hierarchy of rights) and relevant case law.

Right to Pursue Other Avenues

3.14 Nothing in this policy, nor in any related procedure, precludes DDSB community members from asserting their rights, pursuing other resolution options or seeking redress including through other statutory or contractual rights and remedies (for example, a grievance through the applicable collective agreement if they hold grievance rights, filing an application to the Human Rights Tribunal of Ontario, etc.).

Confidentiality

3.15 Except as may be permitted or required by law, the confidentiality and privacy of personal information related to human rights issues, incidents, complaints and accommodation requests shall be maintained.

B. Responsibilities and Accountability

3.16 All DDSB community members have a responsibility to contribute to and support safe, welcoming, equitable, respectful, accessible and inclusive learning and working environments and to:

1. Treat other DDSB community members with dignity and respect; and
2. Not violate this policy and the Code of Conduct for Students.

Duty Bearer Responsibilities

3.17 As an employer and a service provider, the DDSB has (or bears) additional duties and responsibilities to comply with the Code and related legislation and to meet commitments set out in this policy. The DDSB must:

1. Promote and protect human rights and provide DDSB community members with information about their rights and responsibilities;
2. Identify, prevent and address human rights barriers and discriminatory structures in learning and/or working environments, teaching and learning, services, and operational, corporate and employment related policies, procedures, practices, plans, initiatives and decision making
3. Respond to and address human rights barriers, issues and accommodation requests under the Code and this policy for DDSB community members;
4. Learn about this policy and related procedures to apply human rights, anti-discrimination and anti-racism principles in their jobs/roles, decision-making and interactions with DDSB community members; and
5. Correct and address human rights issues, incidents and complaints.

3.18 The Director of Education shall implement and oversee an accountability framework through appropriate procedures to further outline individual and shared system/organizational roles, responsibilities and requirements to support compliance with this policy and to build an organizational culture of human rights. The Director carrying out these duties as to implementation and support is foundational to each employee meeting their own duties under this policy to:

1. Create and maintain learning and working environments that welcome, expect, include and value all students, parents/guardians and family structures, employees and community members, and respect, affirm and support the expression of diverse identities based on all Prohibited Grounds and intersections of grounds;
2. Adopt (and/or strengthen) and apply human rights, anti-oppressive, anti-discriminatory, anti-racist,inclusive and culturally relevant principles and practices to services, service delivery and employment;
3. Not treat any community member differently because of biases, assumptions,prejudices,stigmatization or stereotypes associated with a Prohibited Ground or combination of grounds; and
4. Engage in and promote decision making and actions that:
   • Uphold the rights of the child/student and the rights of employees;
   • Are in the best interests of the child/student;
   • Are asset-based;
   • Are not discriminatory; 
   • Do not cause or perpetuate harm;
   • Identify, disrupt and address discriminatory structures, policies, practices, rules and ideologies, including white supremacy, racism, ableism, sexism, heteronormativity, cisnormativity/cisgenderism, cissexism, faithism, ageism and classism; and
   • Consider and address systemic, individual and intersectional factors and unique barriers and needs for Indigenous Peoples, Black peoples, racialized peoples, people with disabilities, women/girls, people who identify as members of 2SLGBTQI communities and people who identify as members of groups that are discriminated against based on creed/religion and other all Prohibited Grounds.

3.19 Each employee, as appropriate to their individual role and within the scope of their authority and influence, must comply with this policy, the accountability framework and procedures, and must contribute to shared organizational roles, responsibilities and accountabilities for upholding human rights and preventing discrimination.

Board of Trustees

3.20 The Board of Trustees, in fulfillment of its policy-making and statutory functions under the Education Act, will:

1. Apply and uphold the objectives and principles of the Code and this policy in fulfilling Board responsibilities, processes and committee work, including with respect to student achievement and well-being, safe and inclusive school climates, and effective and appropriate education programs for students; and
2. Promote and protect students’ right to education free from discrimination, address barriers to equitable access and participation, and support equitable opportunities, experiences and outcomes for all students

C. Policy Directives

3.21 The Director of Education and designates shall implement this policy in procedures, protocols and/or practices to:

1. Focus on intentional anti-discrimination, anti-oppression and anti-racist approaches and actions, including but not limited to reflecting on, analyzing, challenging and disrupting positionality, systems of privilege and power, and discriminatory biases, assumptions, ideologies, structures and barriers that are inconsistent with legislation and this policy’s objectives and commitments;
2. Build and/or enhance relationships between the District and communities that are discriminated against based on Prohibited Grounds (or combination of grounds) as set out in this policy;
3. Engage with appropriate District communities to support the successful and co-operative implementation of this policy, including identifying potentially discriminatory structures, barriers and trends, and differential and disproportionate experiences, opportunities, access and outcomes;
4. Apply, integrate and embed human rights, anti-discrimination, anti-oppression, inclusive design, UDL, CRRP and accessibility principles, approaches and actions to:
   • Support decision making that upholds human rights across all system areas/portfolios, services, employment and learning and working environments;
   • Identify, prevent and address discriminatory structures and barriers for (and related needs of) students and employees based on all Prohibited Grounds and intersecting grounds to make services, employment and learning and working environments more inclusive and accessible for everyone; and
   • All recommendations to the Board of Trustees;
5. Provide learning opportunities for students and integrate content that enhances understanding, respect and appreciation for multiple social identities, including the diverse identities, voices, stories, cultures, histories, experiences and perspectives of the communities the District serves and of Ontario;
6. Teach students complete histories and narratives including:
   • The impacts of colonialism, oppression and historical and ongoing systemic discrimination; and
   • Examples of resistance to discrimination and stories of agency, excellence and joy; this 
     includes and is not limited to:
     • Promoting historical and contemporary successes and accomplishments of Indigenous Peoples, Black peoples, racialized people, women/girls, people with disabilities, people who identify as members of 2SLGBTQI communities, people who practice various creeds/religions, etc. and people with intersecting identities
     • Recognizing their valuable contributions throughout the year (and not only during days/months of significance); and
     • Embedding these into practice, without appropriation;
7. Ensure that learning resources and materials challenge racism, sexism, ableism, homophobia, biphobia, transphobia, faithism, classism and all forms of discrimination and do not contribute to or perpetuate discriminatory biases, assumptions, stereotypes and harm;
8. Address the unique strengths and needs of, and barriers for, newcomers, international students, undocumented students, English language learners and children and youth in care;
9. Promote anti-discrimination, anti-racism, anti-ableism, anti-homophobia, anti-biphobia, anti-transphobia, anti-faithism and anti-classism;
10. Affirm and reflect all identities in DDSB spaces and displays (for example, posters, visual displays, content, etc.);
11. Have libraries with books and other resources that reflect diverse identities, authors, perspectives and lived experiences;
12. Foster the use of inclusive pronouns, language and activities;
13. Improve transparency and accountability in addressing accommodation requests or needs based on Prohibited Grounds to the point of undue hardship;
14. Provide for dispute resolution processes for human rights issues, incidents and complaints under this policy;
15. Conduct research and collect quantitative and qualitative data as to the issues addressed by this policy and the impact of this policy, and engage and consult with DDSB communities to analyze the data using anti-discrimination, anti-racism and intersectional principles and approaches; and
16. Evaluate and publicly report to the Board of Trustees on the effectiveness of this policy in achieving this policy’s objectives and on organizational compliance with this policy.

3.22 The Director and/or designates:

1. Shall put in place appropriate and sustainable organizational structures, resources and expertise to support the successful implementation of this policy and related procedures; and
2. May create special initiatives to address the effects of historical and ongoing discrimination, create opportunities to alleviate discrimination and disadvantages and support equitable access, opportunities, experiences, processes and outcomes

D. Communications

3.23 This policy and any related procedures shall be posted on the Board’s website together with any supporting resources, guidelines or explanatory aids.

3.24 The Director and/or designates shall implement a communications plan to:

1. Promote human rights and this policy;
2. Raise awareness among DDSB community members about their rights and responsibilities under this policy and related procedures;
3. Invite community consultation and engagement on human rights related initiatives; and
4. Publicly report on the implementation and effectiveness of this policy and related procedures in achieving the objectives of this policy.

4.1 This policy may be reviewed and updated as may be deemed necessary or appropriate, but it shall be reviewed at least every five years. The early review and potential update of this policy may be triggered by:

1. Information, trends, data and analysis contained in the regular reports to be delivered to theBoard of Trustees by the Director of Education as to the effectiveness of this policy inmeeting its objectives;
2. Input from and evidence of impact on students, employees and DDSB community members;and
3. Evolving human rights law, policy and/or practices.

5.1 Policies

• Indigenous Education
• Consultative Process 
• Equity and Inclusive Education
• Safe and Respectful Workplace and Harassment Prevention
• Equitable Recruitment
• Positive School Climate
• Code of Conduct and Discipline for Students

5.2 Other Documents (Legislation, Provincial Regulations, Etc.)

• Universal Declaration of Human Rights
• United Nations Declaration on the Rights of Indigenous Peoples
• United Nations Convention on the Rights of the Child
• United Nations Convention on the Elimination of All Forms of Racial Discrimination
• United Nations Convention on the Rights of Persons with Disabilities
• Yogyakarta Principles
• Canadian Charter of Rights and Freedoms
• Ontario Human Rights Code
• Anti-Racism Act
• Accessibility for Ontarians with Disabilities Act
• Occupational Health and Safety Act
• Education Act
• Child, Youth and Family Services Act (which incorporates many elements of Katelynn’s Principle)
• Employment Standards Act
• Ontario Human Rights Commission’s policies, guidelines, reports and resources:
  • A policy primer: Guide to developing human rights policies and procedures
  • Policy on ableism and discrimination based on disability
  • Policy on accessible education for students with disabilities
  • Policy and guidelines on racism and racial discrimination
  • Policy on preventing discrimination based on creed
  • Policy on preventing discrimination because of gender identity and gender expression
  • Policy on discrimination and harassment because of sexual orientation
  • Teaching Human Rights in Ontario: A Guide for Ontario School
• Anti-Racism Directorate’s:
  • Anti-Racism Policy
  • Anti-Black Racism Strategy
  • Data Standards for the Identification and Monitoring of Systemic Racism
• Ontario’s Education Equity Action Plan, Equity and Inclusive Education in Ontario Schools: Guidelines for Policy Development and Implementation and Policy/Program Memorandum No. 119 (Developing and Implementing Equity and Inclusive Education Policies in Ontario Schools