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Discrimination & Harassment Complaint Process
Description of the process
Intake process
- The Complainant shares concerns with Human Rights Services, describes what happened and who is involved.
- Formal investigation process and alternative resolution options are discussed.
Anonymous complaints
- Human Rights Services will accept anonymous complaints of alleged discrimination and harassment that fall within the jurisdiction of the complaint resolution process. Human Rights Services will review the complaints to determine the appropriate next steps, including the possibility of proceeding with a complaint resolution process under the Policy and Procedures.
Early intervention
- Early intervention refers to involvement of Human Rights Services and/or other University Community members to respond to concerns of discrimination or harassment without initiating a complaint resolution process. It does not involve any findings of a breach(es) of the Policy and is not disciplinary in nature. It can involve timely resolution through education, relationship repair and prevention of future breaches of the Policy.
Interim measures
- Human Rights Services may require certain interim measures such as a “no contact” order between parties involved in a complaint resolution process to protect the parties, the community and the integrity of the complaint resolution process.
Alternative resolution process
- Alternative resolution refers to alternative forms of complaint resolution that do not include an investigation or the issuing of a decision.
- Human Rights Services will determine whether alternative resolution is appropriate considering all relevant factors, including the complainant’s desired outcomes, the nature and severity of the alleged incident of discrimination and harassment, the potential risk or harm to the University Community, and the willingness of the complainant and the respondent to participate in the process. For an alternative resolution to be a meaningful process, parties must engage in the process voluntarily and with informed consent and remain free from reprisal. Alternative resolution may also include restorative justice approaches, including processes such as facilitated discussions, community conferencing or circle processes. During such processes, those who have caused harm will actively engage in understanding the harm that was caused and its impact and hold those who have caused harm accountable and responsible not only for their past actions but for shaping the future.
- Indigenous peoples (students, faculty and staff) have the choice to request Indigenous conflict resolution to address incidents of discrimination or harassment.
Complaint process
- If the matter is not resolved through the alternative resolution process or if the Complainant prefers to proceed with a complaint, they can.
- This can happen at any time during the alternative resolution process.
Complaint
- The Complainant initiates a complaint.
- Complainant gives a statement, along with any supporting documentation and names of witnesses, if applicable.
Decision Maker is identified
- Human Rights Services identifies a senior administrator as Decision Maker.
Investigation
- An Investigator will be assigned to investigate the complaint. The Investigator works independently to analyze the complaint and write a report on their findings, including:
- Interviewing complainants, respondents and witnesses
- Reviewing any documentation
- Ensuring that both the Complainant and Respondent have an opportunity to review and respond to all material aspects of the complaint in order to ensure procedural fairness.
- Allowing the Complainant and Respondent to review and respond to a summary of their statements.
Investigation report
- The Investigator documents their findings in an investigation report and submits it to Human Rights Services for review.
- Human Rights Services will then forward the investigation report to the Decision Maker for a decision.
Decision
- The Decision Maker reviews the report and has the opportunity to meet with the investigator, all parties and university administrators as required.
- The Decision Maker renders a decision and where applicable assigns sanctions/remedies.
Remedy
- The Decision Maker will render a decision and assign an appropriate remedy/sanction.
Appeal process
- Parties can appeal based on matters of substance and/or process.