Procedures to Prevent and Address Discrimination and Harassment by or Against Employees

Purpose

The purpose of this procedure is to establish a dispute resolution framework for the prevention and handling of Employee-based alleged breaches of the Respectful Campus Policy (“the Policy”); ensuring Ontario Tech University ("the University") effectively addresses and responds to these Reports consistent with legislative obligations.

Definitions

For the purposes of this Procedure the following definitions apply:

“Administrative Fairness” refers to the following set of principles used in the University's Investigation and decision-making processes:

• The Complainant, if any, is given a full and fair opportunity to raise allegations and provide relevant and material evidence in support of those allegations;
• The Respondent knows what the allegations are, receives enough information to provide a meaningful response, and is given a full and fair opportunity to provide relevant and material evidence responding to the allegations;
• The complaint parties (Complainant and Respondent) receive adequate notice of the nature of the proceedings and of the issue to be decided;
• The decision-maker is required to be impartial and free from bias;
• The decision maker is required to consider all relevant information and evidence before them, taking into consideration the circumstances of the particular matter, including its complexity and the requirements of fairness and due process;
• The decision-making processes run in a timely fashion;
• The complaint parties may have a support person during dispute resolution meetings; and
• The complaint parties are provided the reasons for the decision.

"Balance of Probabilities” means an investigative standard that must be met to determine whether a violation of the Policy has occurred based on a finding that “it was more likely than not” that the offence at issue was committed by the Respondent.  This is a lower standard than beyond a reasonable doubt, but more than mere suspicion. 

“Complainant” refers to an individual who is alleged to have experienced Discrimination and/or Harassment.

"Day(s)" means all weekdays, excluding statutory holidays and University closure dates as indicated on the University website.

"Discrimination" is a distinction, without lawful justification, whether intentional or not, which has the effect of denying benefits to, or otherwise disadvantaging, an individual on the basis of a Protected Ground (defined below). Discrimination may involve direct actions that are discriminatory on their face, or it may involve rules, practices or procedures that appear neutral, but have the effect of disadvantaging one or more groups of people.

"Discriminatory Harassment" means engaging in a course of vexatious comment or conduct based on any Protected Ground, that is known or ought reasonably to be known to be unwelcome. Discriminatory Harassment may include, for example, taunting or mocking someone’s race, making, distributing, or posting Hate; ridiculing an individual’s disability or targeting others with sexual, gender-based or homophobic slurs. While Discriminatory Harassment usually consists of repeated acts, a single serious incident that has a lasting harmful effect may also constitute Discriminatory Harassment.

“Disrespect” is a behaviour that falls short of Harassment, but nevertheless has harmful impacts on the campus environment, e.g. rude, inconsiderate, and passive aggressive behaviour. Disrespect, if left unaddressed, can escalate to Discrimination or Harassment.

"Employee" means job applicants and individuals performing services directly on the University’s behalf, including administrative staff members, Faculty, volunteers and contract employees. Students who are employed during their studies, are “Employees” for the purposes of this procedure when they are engaged in employment activities, but not otherwise.

“Extenuating Circumstances” means circumstances outside of an individual’s control that result in delays in the dispute resolution processes described in this procedure. Extenuating circumstances include, but are not limited to, having multiple witnesses, difficulty in scheduling interviews, availability of resource persons or materials, time of year, involvement of law enforcement or existence of a judicial hearing, or other circumstances that may arise through the course of the dispute resolution activities.

“Faculty” includes a Faculty Member, or previous Faculty Member at the University and includes those with both limited term and indefinite term appointments, as well as those with paid, unpaid and honorific appointments.  For greater certainty, “Faculty” also includes visiting scholars and emeritus professors.

“Harassment” Is the term used in this policy instrument to represent all forms of Harassment: Discriminatory Harassment, Hate, Reprisal, Sexual Harassment, Sexual Misconduct and Workplace Harassment.

"Hate" for the purposes of this procedure is a form of Discriminatory Harassment and refers to:

• a criminal offense committed against a person or property that is motivated in any part by bias, prejudice or hate based on race, national or ethnic origin, language, colour, religion, sex, age, mental or physical disability, sexual orientation, or any other similar factor;
• any communication used by a person or group that advocates or willfully promotes hatred based on colour, nationality or ethnic origin, race, religion and/or sexual orientation; and hatred against any identifiable group, or the incitement of hatred against any identifiable group where such incitement is likely to lead to a breach of the peace and includes advocating genocide; and public communication that willfully promotes Antisemitism by denying, condoning, or downplaying the Holocaust; and/or,
• publishing or displaying or causing the publication or display before the public of any notice, sign, symbol, emblem or other similar representation that indicates the intention of the person to Discriminate or that is intended to incite others to Discriminate.

“Interim Measures” mean temporary measures designed to prevent additional breaches of the POlicy and/or to protect the safety of the Complainant or others. Interim Measures are instituted at any point following a Report and prior to a determination being made. Interim Measures take into consideration the severity of the allegations and the varying risks associated with the potential for subsequent Policy breaches. Examples of Interim Measures include, but are no limited to, transfer to a different work location, administrative leave, no contact orders or other safety measures.

“Investigation” refers to a review by the University into alleged breaches of the Policy.

“Investigator” refers to an individual assigned under the Policy to complete an Investigation, and who has the required training and experience to conduct a fair and objective Investigation. 

"JHSC" means the Joint Health & Safety Committee(s) at the University.

“Mediation” is a structured process during which parties in dispute are assisted by a third-party to discuss a dispute and attempt to arrive at a mutually agreeable resolution. Mediation is a voluntary process and can only proceed if all parties involved agree to participate. 

“Microaggression” means a comment or action that negatively targets a group based on a Protected Ground (e.g. a racist, sexist or homophobic comment). Microaggressions may be intentional or accidental but are nonetheless harmful and stigmatizing to a certain group of people. If allowed to go unchallenged, Microaggressions may escalate to Discrimination and/or Harassment.

"Person(s) of Authority" include, for the purposes of this procedure, any person who has charge of a workplace, authority over another Employee or authority in the administration of education, including supervisors, managers, senior management and Faculty leadership (e.g. Deans, Associates Deans, etc.).

“Poisoned Environment” is a form of indirect Discriminatory Harassment. It occurs when comments or conduct (including comments or conduct that are condoned or allowed to continue when brought to the attention of a Person of Authority) ridicule or demean a person or group based upon a Protected Ground. The comments or conduct need not be directed at a specific person, and may be from any person, regardless of position or status.

"Protected Ground(s)" are the Grounds contained in the Ontario Human Rights Code under which individuals are protected against Discrimination and Harassment.  All University Members are protected under the following Grounds: “race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sex, sexual orientation, gender identity, gender expression, age, marital status, family status and disability.” Employees are additionally protected under the Ground “record of offences.”

"Report" refers to information about alleged Discrimination and/or Harassment that is reported by or against an Employee.

“Reprisal” is a form of Harassment that includes retaliation, coercion, dismissal, threats or intimidation of anyone who in good faith: raises complaints or concerns, exercises their rights or participates in a remedial process under the Policy.

“Respect” is a standard of interpersonal communication and behaviour characterized by self-restraint and consideration for others.

“Respondent” refers to anyone who is alleged to have breached the Policy.

"Sexual Harassment" means,

• engaging in a course of vexatious comment or conduct because of sex, sexual orientation, gender identity or gender expression, where the course of comment or conduct is known or ought reasonably to be known to be unwelcome;
• making a sexual solicitation or advance where the person making the solicitation or advance is in a position to confer, grant or deny a benefit or advancement and the person knows or ought reasonably to know that the solicitation or advance is unwelcome; or,
• a reprisal or a threat of reprisal for the rejection of a sexual solicitation or advance where the reprisal is made or threatened by a person in a position to confer, grant or deny a benefit or advancement to the person.

Sexual Harassment includes but is not limited to, sexually suggestive or obscene remarks or gestures, and negative stereotypical comments based on gender, sex or sexual orientation, gender identity and gender expression. 

“Sexual Misconduct” refers to physical sexual relations with a Student, touching of a sexual nature of a Student or behaviour or remarks of a sexual nature toward a Student by an Employee where the act constitutes an offence under the Criminal Code of Canada, the act amounts to Sexual Harassment as defined in the Policy, or the act contravenes any other policy, rule or other requirement respecting sexual relations between Employees and Students, including the Student Sexual Violence Policy and the Ethical Conduct Policy.

 “University Member” means any individual who at the time of the alleged Policy violation:

• is employed by the University or holds an appointment with the University, including paid, unpaid and/or honorific appointments (“Employee”);
• is registered as a student, in accordance with the academic regulations of the University (“Student”); and/or
• Is otherwise subject to University policies by virtue of the requirements of a specific policy (e.g. Booking and Use of University Space) and/or the terms of an agreement or contract.

"Workplace" means any place where Employees engage in any facet of employment activity (e.g. recruitment, training, evaluation and development), including employment activities virtually through the use of information and communications technology, outside the normal place of work, and employment activities that occur outside of normal working hours.

"Workplace Harassment" means,

1. engaging in a course of vexatious comment or conduct against an Employee in a Workplace that is known or ought reasonably to be known to be unwelcome. Arbitrators have interpreted this form of Workplace Harassment to encompass “serious actions with significant consequences” as opposed to “the normal abrasiveness of daily life in the workplace,” examples of which have been found to include “interpersonal conflict,” “personal animosity” and “employee feuds,” and/or
2. Workplace Sexual Harassment defined as Sexual Harassment, including virtually through the use of information and communications technology, against an Employee in the Workplace).

 

Scope and authority

The General Counsel is the Policy Owner. The Policy Owner is responsible for overseeing the implementation, administration, interpretation and application of this procedure.

The Policy Owner will ensure the Procedures are reviewed as often as is necessary, and in any event, at least annually, in accordance with the University’s Policy Framework and relevant Collective Agreements. The JHSC will be consulted on substantive revisions to this Policy instrument.

This Procedure applies to Reports made by or against Employees in the Workplace. Reports with respect to incidents that have occurred on, or off campus will be handled as described below:

1. On-Campus – The scope includes incidents of Discrimination and Harassment where the Respondent is a University Member and the incident takes place on University space or using University-owned property or equipment, including, but not limited to, telephones, computers, and online media including websites, email, social media accounts, online learning tools and applications provided, managed or self-identified as belonging to the University. This includes the University’s website, branded Twitter, and Facebook Live events, as well as online learning and collaboration tools such as Google Apps for education.
2. Off-Campus – The scope includes incidents of Discrimination and Harassment that occur off-campus where the Respondent is a University Member and:
   • The incident occurred during any organized University class, trip or other employment-related activity, including Varsity Athletics and experiential learning opportunities such as co-op, practicum or during research endeavors;
   • The incident occurred during an official University event; or
   • In exceptional circumstances, when an incident occurring off-campus or online are likely to have an impact on the working, living and/or learning environment at the University, or could reasonably be seen to endanger or adversely affect the health and safety of University Members.

This procedure necessarily overlaps with other University procedures that are concerned with preventing and addressing incidents of Discrimination and Harassment. The University will administer the overlap according to the following principles:

1. This procedure will be applied to all Reports made by or against an Employee to ensure the University satisfies its commitment to, and its obligations under, legislation and collective agreements.
2. Reports brought forward by a Student involving an Employee who is accused of a breach of the Policy will proceed under this procedure in conjunction with the Student procedure or the Student Sexual Violence Policy and Procedures, depending on the nature of the allegations.
3. Where it is alleged that a Student has, in their capacity as a Student, engaged in Harassment against an Employee, the matter will be addressed in conjunction with the relevant Student procedures.
4. Reports involving a Student who is also an Employee, and whose actions occurred in the course of their employment, will be handled under this procedure.
5. Where an individual, other than a University Member, is alleged to have engaged in a breach of this Policy against an Employee, Human Resources and/or the Office of Campus Safety will consult with University Members at risk, and other University Members if necessary, to determine and implement reasonable measures to protect the health and safety of its Employees. Any Investigation under these circumstances may be limited by the Respondent’s status because the University does not have jurisdiction to compel statements from members of the general public, or to impose sanctions upon them.

This procedure is a mechanism for alternative dispute resolution. It does not prevent Employees from pursuing resolutions or to seek external review of University decisions through external resources and processes, including those offered through grievance arbitration, or by the Human Rights Legal Support Centre, the Human Rights Tribunal of Ontario and the Ontario Labour Relations Board. However, the Human Rights office may not accept a complaint or may halt dispute resolution processes under this procedure if a Complainant decides to pursue external processes or grievance mechanisms on the same or similar matter unless an Investigation is legislatively required. 

Proceedings under this procedure may be carried out prior to, simultaneously with, or following other off-campus proceedings, including civil or criminal proceedings. In cases where the Human Rights Office determines that processing an allegation under this procedure might prejudice another internal or external process, they may suspend these proceedings indefinitely or pause an Investigation pending the outcome of these other proceedings. If an Investigation is paused or suspended, Interim Measures may be used to ensure the safety of all University Members.

Procedure

Confidentiality: Information collected under this procedure will be used only for the purposes of administering the policy instrument and may be disclosed only on a need-to-know basis to the extent required to fulfill the University's legal obligations. Personal Information collected, used, and disclosed under this procedure will otherwise be kept confidential. To this end:

1. All individuals involved in this procedure will be advised of their duty to maintain the confidentiality of all information disclosed to them in this procedure, including any confidential information disclosed to them.
2. Confidential information obtained during the reporting process will not be disclosed except to the extent that disclosure is necessary for the purposes of investigating Reports, taking corrective action, protecting the health and safety of members of the University community, or as otherwise required by law. 
3. Complainants and Respondents who are Employees will be advised of the outcome of an Investigation and the corrective actions taken, if any.
4. All records will be maintained in a confidential file, including all related communications, memoranda, Reports, statements and evidence.  Reasonable steps will be taken to protect against unauthorized access to such documents. These records will be retained, and disposed of, in accordance with the Freedom of Information and Protection of Privacy Act and the University’s Records Management Policy.

Reprisal. Any Reprisal, or expressed or implied threat of Reprisal, for making and pursuing a Report under this procedure is itself considered a breach of the corresponding Policy.  Any individual experiencing Reprisal may file a Report, and that Report will be processed under this procedure.

Right to a Support Person.  Complainants and Respondents who attend an interview or meeting under this procedure may be accompanied by a support person. The role of a support person is to provide moral support. Parties who choose to attend an interview with a support person must choose a support person who is not otherwise connected to the matter under Investigation (individuals connected to the matter include, for example a witness or fellow Complainant) and will notify the investigator of their support person’s name at least two (2) Days prior to the meeting. In the case of an Employee who is a member of a bargaining unit, the support person may be a union representative. During an investigative interview, a support person will not be permitted to make legal submissions or arguments on behalf of the individual, or to disrupt the interview. In any event, individuals who are being interviewed must answer the interview questions themselves.

Safety is Paramount:  The University has an overriding obligation to protect the safety of all University Members. When a University Member is at risk of imminent harm, the Human Rights office reserves the right to investigate and respond appropriately, independent of a Complainant's and/or Respondent's course of action under this procedure.

Support Services: The University's Wellness at Work initiative has appropriate support services for Employees who experience Discrimination and/or Harassment or to assist Employees who are involved in dispute resolution processes described in this procedure.

Timeliness: All efforts will be made to ensure that proceedings are handled in an expeditious manner. Timeframes, where specified, may be subject to an extension because of Extenuating Circumstances.

PREVENTATIVE MEASURES

Training: The University will ensure that information and instruction is provided to Employees regarding Discrimination and Harassment.  Training programs are available on the Health and Safety Website.

Range of Dispute Resolution Options: Several options to resolve Discrimination and Harassment are available for Complainants. Voluntary and participatory approaches can foster prompt resolution and prevent escalation; particularly when concerns are raised expeditiously. These are opportunities for parties to resolve a dispute, ensure the Workplace is free from Discrimination or Harassment and address broader issues that caused or contributed to the dispute.

Talk to the person about their behaviour: Where appropriate, Complainants are expected to make good faith efforts to attempt to resolve matters themselves before filing a complaint. If a person feels they are experiencing Discrimination or Harassment, they should immediately make known to the person responsible that the conduct is unwelcome or offensive. It is important that this message be clear and unambiguous. When presented with a legitimate concern, University Members are expected to make reasonable adjustments to their behaviour to resolve the matter. If addressing the person responsible could lead to safety risks, or is not appropriate, Complainants may pursue other resolution options outlined in this procedure.

Addressing Disrespect and/or Microaggressions: Incidents of alleged disrespect, including microaggressions, may be raised to a Person of Authority if attempts to resolve the behaviour directly with the individual are not successful.

Consultation: Employees may benefit from having expert information and guidance before deciding how to proceed with a concern related to this procedure. Employees can consult a Person of Authority or may make an appointment with the Human Rights Office to learn more about human rights and dispute resolution options. Consultations are confidential and can provide information, coaching, and referrals to assist any Employee.

REPORTING

The Reporting Process

Incidents of Discrimination and Harassment should be promptly reported to a Person of Authority and/or the Human Rights office, and no later than one (1) year after the last incident of alleged Discrimination or Harassment. If the Report is related to an Employee in the Human Rights office, the report should be directed to the University’s General Counsel, in which case the General Counsel will have the responsibilities assigned to the Human Rights office below.

Step 1 – Submitting a Report

1. A Report and the corresponding Reporting Process is initiated when an individual completes the Report form. At a minimum, the Report should include the identification of the individual the Report is about, the issue type and grounds for the complaint, and details about each alleged incident, including dates/times, where the incident(s) occurred, who was involved or present, and what specifically happened. 
2. Person(s) of Authority who witness or are made aware of alleged incidents of Discrimination and/or Harassment must initiate a Report to the Human Rights office.
3. The Human Rights office may, on its own initiative, initiate a Report when it receives information regarding an alleged incident of Discrimination and/or Harassment in the Workplace, unless such a Report has already been submitted by an individual.
4. Employees may also report anonymously (alternatively), but in doing so, may limit their access to the full breadth of options outlined in the Policy and this procedure.
   
   Step 2 – Assessment
   
   
5. The Human Rights office will review the Report and any associated information/documentation to determine if the conduct alleged in the Report would amount to Discrimination and/or Harassment. This determination will be based on an assumption that all the alleged facts were true.
6. If the allegations set out in the Report would not, if true, amount to Discrimination or Harassment, the Human Rights office will respond to the individual submitting the Report in writing, usually within 30 days, advising that the Report has been reviewed, and that the information provided does not support an allegation of Discrimination or Harassment If there is another process or resource at the University that would be more appropriate for the subject matter of the Report, the individual will be advised of this alternative process.
7. Complaints that even if true do not describe Discrimination and/or Harassment, but nevertheless describe Disrespectful behaviour, may be referred to an applicable Person of Authority for appropriate follow-up or may be eligible for the voluntary resolution options described in this procedure at the discretion of the Human Rights office.
8. If the information provided would, assuming the alleged facts were true, support a finding that Discrimination or Harassment  had occurred, the following dispute Resolution options will be considered.
   
   Step 3 - Interim Measures
   
   
9. Upon accepting a Report, the University will immediately determine whether Interim Measures are necessary, considering the severity of the allegations, and the potential risks to University Members. Interim Measures will be implemented where reasonable and appropriate in the circumstances. Person(s) of Authority, the Complainant, Respondent, the Office of Campus Safety or any other relevant stakeholder, may be consulted on a confidential basis, to determine appropriate Interim Measures.
   
   Step 4 – Voluntary Resolution
   
10. Where appropriate, a voluntary resolution process such as Mediation can be pursued if the Complainant and Respondent consent to such a process and its format (Note: voluntary resolution options are not available related to allegations of Workplace Harassment, which require an Investigation).
11. Examples of voluntary resolution processes may include: communicating to a Respondent that the behaviour is unwelcome and must stop; meeting with a Person of Authority to discuss the ways in which future occurrences of the reported incident can be prevented; training or education for individuals and groups; and Mediation or other alternative dispute resolution processes.
12. If the Complainant is satisfied by the actions taken through the voluntary resolution process, the Human Rights Office will prepare a written summary of the resolution, and the Complainant will confirm acceptance in writing. If accepted, the Report will be deemed resolved.
13. Where those involved in the voluntary resolution process reach an agreed resolution, that resolution will become binding.
14. Every effort will be made to complete voluntary resolution activities within thirty (30) days.
    
    Step 5 – Investigation
    
    
15. An Investigation will be conducted if voluntary resolution options are not appropriate in the circumstances or at the request of the Complainant if voluntary resolution options were not successful in resolving the dispute. Every effort will be made to conclude an Investigation within ninety (90) days following the receipt of a Report or following the conclusion of voluntary resolution activities.
16. The purpose of an Investigation is to: gather evidence and witness statements; weigh the evidence; make findings of fact based on the evidence; and produce an Investigation report. In an Investigation under this procedure, the Investigator must make a determination having weighed the evidence on a Balance of Probabilities that either: (1) a policy breach occurred; or (2) a policy breach did not occur.
17. The Human Rights office will ensure an Investigation process that is appropriate in the circumstances and that follows Administrative Fairness principles. At this stage, consideration will be given to whether the Investigation will be conducted internally or externally. The Human Rights office will review the collective agreement(s) of any individuals involved in the Report and will ensure the procedural rights granted to those individuals under their respective collective agreements are maintained.
18. The Investigator will commence the Investigation by advising the Respondent in writing that a Report has been received and that they are the subject of an Investigation. The notice will at minimum: (i) advise that an Investigation is being initiated, (ii) contain a brief summary of the allegations, and (iii) indicate they will be contacted by the Investigator for a meeting in due course. The notice will also provide contact information for Support Services and will indicate that the Respondent has the right to be supported and accompanied by a support person.
19. At any point during the Investigation, the Investigator may set meetings with any individual to obtain further information. The Investigator also has access to any document or piece of evidence they deem necessary to complete a thorough Investigation. University Members, therefore, are required to cooperate with Investigations commenced under this procedure.
20. The Human Rights office will ensure the Complainant and Respondents involved in an Investigation, and their respective bargaining agent(s), where applicable, are informed and updated regarding the investigation process that will be adopted in each particular case.
21. Based on all available evidence, the Investigator will determine whether there has been a violation of the Policy, weighing the evidence on a Balance of Probabilities. The Investigator's determination will be reported in an Investigation report. The Complainant and Respondent will receive a copy of a report summarizing the Investigation findings.
    
    Step 6 – Determination & Corrective Action
    
    
22. The Human Rights office will ensure that the results of the Investigation are brought to the attention of, and reviewed by, the appropriate Person(s) of Authority.
23. The Human Rights Office will also review the results of the investigation report for signs of systemic issues that may have contributed to the complaint and may make recommendations to the Person(s) of Authority to explore voluntary resolution options for individuals who continue to experience conflict and/or address signs of systemic issues regardless of whether a breach of Policy was found.
24. If the Investigation found a breach of the Policy, Human Resources will advise the Person(s) of Authority with respect to appropriate corrective measures, if any, to be taken, including measures aimed at preventing Reprisal and/or recurrence.
25. Where an Employee is found to have engaged in acts of Discrimination and/or Harassment or other breaches of the Policy, corrective measures may include non-disciplinary actions (e.g. education) or disciplinary measures (e.g. a written reprimand, a suspension or dismissal). 
26. Employees that are members of a bargaining unit shall have any corrective measure(s) imposed in accordance with applicable collective agreement requirements.
27. Information about Investigation outcomes or corrective actions will be provided in accordance with the procedural requirements of any relevant collective agreement and any applicable laws. At the conclusion of an investigation, The Human Rights office will ensure that any Complainant and any Respondent are informed, in writing, of the outcome of the Investigation. Human Resources will ensure that any corrective action taken or that will be taken are communicated to the Complainant (Employee) and Respondent (Employee) in writing.
28. The Relevant Person(s) of Authority will be responsible for implementing recommendations (including corrective action) in consultation and with the support of Human Resources.

 

Monitoring and review

The General Counsel, or successor thereof, is responsible to monitor and review this procedure. This procedure will be reviewed as necessary and at least every year. The Policy owner will maintain this procedure in consultation with the JHSC.

Relevant legislation

Accessibility for Ontarians with Disabilities Act, 2005, S.O. 2005

Ministry of Training, Colleges and Universities Act, R.S.O. 1990, c. M.19

Occupational Health and Safety Act, R.S.O. 1990, c O.1, as amended

Ontario Human Rights Code, R.S.O. 1990, c. H.19

Related policies, procedures & documents

 

Respectful Campus [Policy]

Accommodation for Employees and Job Applicants with Disabilities [Procedures]

Accommodation [Policy]

Anti-Hate/Anti-Racism [Guidelines]

Freedom of Expression [Policy]

Fair Processes [Policy]

Student Sexual Violence [Policy and Procedures]

To Prevent and Address Discrimination and Harassment by or Against Students [Procedures]

Student Conduct [Policy]