• Related Documents: Discrimination and Harassment Policy; Academic Integrity Policy; Accessibility Statement of Commitment; Accommodation for Employees with Disabilities Policy; Academic Accommodation of Students with Disabilities; Accommodation of Student Religious, Indigenous and Spiritual Observance; Animals on Campus Policy; Employment Equity Policy; Grade and Standing Appeal Policy;  (google doc) Housing & Residence Life Community Standards (external link) ; Privacy and Access to Information Policy; Respectful Workplace Policy; Sexual Violence Policy;  (PDF file) Statement on Freedom of Speech;  (PDF file) Student Code of Non-academic Conduct. 
• Owner: Vice-President, Equity and Community Inclusion 
• Approval Dates: 1999, 2011, 2025

 

I. Introduction and Purpose

1. The Discrimination and Harassment Procedures (“Procedures”) support both the spirit and letter of the University’s Discrimination and Harassment Policy (“Policy”), and, as such, they should be read and interpreted in conjunction with the Policy. 
2. These Procedures apply to reports and complaints of allegations of discrimination and harassment made under the Policy.
3. Human Rights Services is a unit within the Office of the Vice-President, Equity and Community Inclusion (“OVPECI”) and is the neutral office that manages the complaint resolution process under the Policy and Procedures. 
4. When Human Rights Services receives complaints or reports of discrimination and harassment under the Policy, it will explore various approaches to resolution based on the unique circumstances of each matter, including options for early intervention, alternative resolution, or investigation and decision-making. The recommended approach to resolution will focus on fairness, proportionality, and accountability, and it will also take into account the interests of those involved and the protection of human rights within the broader University Community.

II. Definitions - Complaint Resolution Process 

1. Defined terms outlined in the Policy apply to the Procedures. Additional terms specific to the Procedures are defined below. 
   1. “Complaint” means a report to Human Rights Services by a person directly affected by an incident of discrimination and harassment that initiates an assessment of whether a complaint resolution process or any other steps are appropriate under this Policy and Procedures.
   2. “Complainant” means the person who filed the complaint to initiate a complaint resolution process under this Policy and Procedures. In certain circumstances, a complaint may proceed in accordance with this Policy with the University as the complainant.
   3. “Complaint Resolution Process” means the process initiated under this Policy and Procedures when Human Rights Services receives a complaint or report of discrimination or harassment and determines that it falls within the jurisdiction of the University and meets the threshold to proceed through an alternative resolution or investigation process.
   4. “Decision” means the process of making an official decision after a complaint or report of discrimination and harassment has been investigated, including findings of whether there has been a breach of the Policy and a determination of whether any remedies or accountability measures are required. 
   5. “Decision Maker” means the person in senior leadership, or their delegate, designated by the University as responsible for making a decision following an investigation under this Policy and Procedures.
   6. “Disclosure” means when someone chooses to inform a University Community member about an incident of discrimination and harassment.
   7. “Report” means a report to Human Rights Services of an incident of discrimination and harassment that initiates an assessment of whether a complaint resolution process or any other next steps are appropriate under this Policy and Procedures.
   8. “Restorative Justice” means stemming from Indigenous practices, restorative or transformative justice is a set of approaches to resolving a complaint or report that requires a deep understanding of the harm caused, the needs of those affected, and the strategies for moving forward as a community and creating lasting change. Using processes such as community conferencing or circles, those who have caused harm and various stakeholders are actively engaged in understanding what happened and the impact of the harm caused, and they hold those who have harmed accountable and responsible not only for their past actions but for shaping the future.

i. “Respondent” means the person who is alleged to have engaged in discrimination     and/or harassment and who is the subject of the complaint or report proceeding     through a complaint resolution process under this Policy and Procedures.

III. Features of the Complaint Resolution Process 

1. Accomodation
   1. Human Rights Services will provide accommodations up to the point of undue hardship to participants in the complaint resolution process under this Policy and Procedures based on needs related to the protected grounds.
2. Trauma-Informed Approach
   1. The University recognizes that the complainant, respondent and witnesses may have experienced trauma in their lives, which may be triggered during a complaint resolution process. A trauma-informed approach and processes are engaged to avoid and/or minimize re-traumatization. It includes respectful and transparent communications between Human Rights Services, the investigator and the parties, and ensuring understanding and consideration for how trauma affects individuals’ memories and responses to an incident of discrimination and harassment.
3. Support Persons
   1. Complainants, respondents, and witnesses have the right to identify a support person or union representative, if applicable, to accompany them in any step of the complaint resolution process. Support persons may include an Elder, spiritual advisor, friend, family member, employee union representative, legal professional, colleague, etc. A support person cannot be an individual with direct knowledge of or involvement in the incident of discrimination or harassment that is the subject of the complaint resolution process, or a person who has a connection to the parties such that their involvement as a support person would undermine the purpose of protecting confidentiality in the process. 
   2. A support person provides support and does not act as an advocate or speak on behalf of the complainant, respondent, or witness in the process.
   3. A support person has the same obligations to maintain confidentiality as the complainant, respondent or witness. 
4. Anti-Opression Framework
   1. Human Rights Services will manage the complaint resolution process under this Policy and Procedures using an anti-oppression framework that involves recognizing systems of oppression and the power imbalances arising from such systems, including but not limited to ableism, ageism, colonialism, homophobia, racism, sexism, transphobia, etc.
5. Procedural Fairness
   1. The University has a duty to be fair to all parties in the complaint resolution process, including in investigations and decision-making where a University Community member may be found to have breached the Policy and where remedies and/or accountability measures are imposed.
   2. Principles of procedural fairness also require that a respondent be aware of the allegations against them, be provided with a full and fair opportunity to respond to the allegations, and that both the complainant and the respondent have a full and fair opportunity to respond to relevant evidence presented in an investigation.
   3. Procedural fairness includes the right to an investigator who is neutral and impartial. This means that the investigator should not be biased, should have an open mind, should not have a personal interest in the outcome of the matter, and should consider all the evidence before arriving at their findings of fact and Policy analysis.
   4. The way in which the duty to be fair is demonstrated in the process is context-specific. For example, the more serious the allegations in the complaint or report and the more severe the potential accountability measures, the higher the level of procedural fairness required. The University reserves the right to adjust the complaint resolution process to ensure procedural fairness in accordance with the facts of the individual case, with notice to the parties.
   5. Where applicable, the complaint resolution process will be conducted in a manner consistent with the terms of any relevant collective agreement.
6. Confidentiality
   1. Confidentiality is critical in creating a culture and environment where individuals feel safe disclosing an experience of discrimination and harassment and seeking support. The University is committed to ensuring such a culture and environment exists and will keep personal information confidential when there is a disclosure of discrimination or harassment or the initiation of a complaint resolution process under this Policy and Procedures.
   2. All members of the University Community who receive a disclosure of discrimination or harassment or who are involved in a complaint resolution process must keep the matter confidential, except in accordance with the terms of this Policy, in order to protect the rights and privacy of those involved and preserve the integrity of the process. 
   3. Confidentiality does not prevent those who are involved in the complaint resolution process from sharing information with a support person or union representative for the purpose of seeking support or advice during the process. 
   4. The University and Human Rights Services will only share information related to a disclosure or report of discrimination and harassment on a need-to-know basis when it is reasonably necessary for the implementation of the complaint resolution process under this Policy and Procedures and/or to comply with the University’s legal obligations. For example:
      1. Human Rights Services or other University offices may be required to share information about reports of discrimination or harassment when it is necessary for the implementation of the complaint resolution process under this Policy, for example, to implement interim measures, conduct an investigation, make a decision or apply accountability measures.
      2. Human Rights Services or other University offices may have a duty to investigate reports of discrimination or harassment under the Ministry of Training, Colleges and Universities Act, the Ontario Human Rights Code, and/or the Occupational Health and Safety Act.
      3. Human Rights Services or other University offices may have a duty to report when an individual is at risk of life-threatening self-harm or at risk of harming others or where there is a risk to the safety of the University and/or broader community.
      4. Human Rights Services or other University offices may have a legal duty to inform a professional regulator.
      5. Human Rights Services or other University offices may otherwise need to disclose information as required by law. 
   5. The University protects personal information and handles records in accordance with its policies, such as the Privacy and Access to Information Policy, as well as the Freedom of Information and Protection of Privacy Act and the provisions of applicable employee collective agreements.
7. Transparency
   1. The complainant, respondent and witnesses will be advised of their rights and responsibilities related to this Policy and Procedures throughout the complaint resolution process. 
   2. The complainant and respondent will be provided with progress updates and informed of any decisions throughout the complaint resolution process, subject to the University's obligations surrounding privacy and confidentiality under applicable policy and law.
8. Timeliness
   1. Every effort will be made to complete the complaint resolution process in a timely manner while maintaining a trauma-informed approach for all parties and ensuring procedural fairness.  
   2. Human Rights Services will endeavour to address complaints and communicate the outcome of the complaint to the parties within twelve (12) months from the date that the complaint was received. 
   3. Timelines outlined in the Procedures may be extended when reasonably necessary, and any extension will be communicated to the parties. 
9. Freedom from Reprisal
   1. The complainant, respondent and witnesses will be advised that every member of the University Community has a right to claim and enforce their rights under this Policy, provide evidence and participate in proceedings under this Policy and Procedures, without reprisal or threat of reprisal. 
10. Multiple University Policies
    1. Where complaints under this Policy may also engage other University policies, Human Rights Services may coordinate and/or undertake a joint complaint resolution process with the appropriate offices. Where complaints or reports may be more appropriately dealt with under another policy or process, an appropriate referral will be made.
11. Trained Personnel
    1. Personnel involved in the complaint resolution process, including staff in Human Rights Services and other offices, investigators and decision makers, will be trained in their roles under this Policy and Procedures, including on topics of discrimination and harassment, trauma-informed processes, procedural fairness and the impact of intersecting identities on how an individual may experience discrimination and harassment.
       

IV. Making Complaints or Reports under this Policy

1. Seeking Information
   1. University Community members may seek information from Human Rights Services about their rights and responsibilities under the Policy or the various processes under these Procedures without initiating a complaint or a complaint resolution process.
2. Making a Complaint under the Policy
   1. Complaints and reports of discrimination and harassment under the Policy can be made by contacting Human Rights Services:
      • Human Rights Services:
      • Podium Building POD-254-A
      • Email: humanrights@torontomu.ca
      • Phone: 416-979-5349
   2. A complainant may file a complaint in writing via e-mail or letter or request an in-person or virtual meeting or telephone call with Human Rights Services to make their complaint. Human Rights Services is a neutral office that administers the complaint resolution process under this Policy. The role of the person receiving the complaint is to listen, clarify details and assess appropriate next steps.
   3. Throughout the complaint resolution process, the person making the complaint will be referred to as the complainant, and the person alleged to have breached the Policy will be referred to as the respondent.
   4. The complainant will receive initial communication from Human Rights Services within five (5) business days of filing the complaint. The initial communication will include information about the complaint resolution process and the estimated time for the complaint to be addressed, including options for interim measures, where appropriate.
3. Referrals and Reports under the Policy
   1. If a complaint or report of discrimination and harassment is received by another University office, it will be referred to Human Rights Services for review under this Policy and Procedures. 
   2. University employees (other than University health care providers) who receive disclosures of discrimination and harassment are required to report such information to Human Rights Services to determine if it may be necessary to initiate a complaint resolution process under this Policy and Procedures. Human Rights Services will also collect information about the report for statistical and reporting purposes.
4. Anonymous Complaints
   1. 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 this Policy and Procedures. However, there are inherent limitations to addressing anonymous complaints, and it may not be appropriate or procedurally fair to proceed with a complaint resolution process in some circumstances.
5. Multiple Proceedings
   1. Everyone has the right to explore alternative avenues of redress outside of this Policy and Procedures, including through their union/collective agreement, the University’s Office of the Ombudsperson (for students), the Ontario Ombudsman, the Human Rights Tribunal of Ontario or other legal bodies, or the police. 
   2. While a union has the right to file grievances on behalf of its members under an applicable collective agreement, a grievance process and a complaint resolution process under this Policy and Procedures on the same human rights issues cannot proceed at the same time. A union has the option to place a grievance on hold pending the outcome of a Human Rights Services complaint resolution process, and then resume the grievance once the process has concluded. 
   3. In some cases, the University may place a complaint resolution process under this Policy and Procedures on hold until it is appropriate to proceed. Examples where a hold may occur include, but are not limited to: 
      1. When the complainant has made a report to the policy, or there is an active police investigation. 
      2. When the substance of the complaint is being dealt with through other civil legal proceedings, for example, grievance arbitration.
6. Withdrawal of a Complaint
   1. At any time throughout the complaint resolution process, before a decision is rendered, a complainant may choose to withdraw their complaint. They should communicate their decision to withdraw their complaint in writing to Human Rights Services. 
   2. In some circumstances, the University may still pursue the complaint in the interests of the University Community, and/or as required by this Policy or other University policies, or otherwise as required by law.
   3. If a complaint is withdrawn, both complainants and respondents can still access support through the appropriate offices on campus.

V. Preliminary Assessment of Whether a Complaint or Report Will Proceed through the Complaint Resolution Process 

1. Preliminary Assessment
   1. Once a complaint or report is shared with Human Rights Services, the office will conduct a preliminary assessment and consider the appropriate next steps under the Policy and Procedures. This will include:
      1. Referring the complainant to University support and resources.
      2. Determining the jurisdiction of Human Rights Services to proceed to address the complaint or report under the Policy and Procedures.
      3. Determining whether the complaint or report contains allegations that, if assumed to be true for the purpose of the preliminary assessment, may reasonably constitute a breach of the Policy. 
      4. Determining whether the complaint or report contains allegations that are more appropriately referred for review under a different policy, such as the Sexual Violence Policy, Student Code of Non-Academic Conduct (Policy 61), or Respectful Workplace Policy.
      5. Determining whether the complaint is trivial, frivolous, vexatious, or made in bad faith.
   2. Human Rights Services will typically complete a preliminary assessment within twenty-five (25) business days after receiving all of the relevant details of the complaint. The timeframe may be extended if reasonably necessary in the circumstances.  
   3. Once Human Rights Services completes a preliminary assessment, the outcome will be communicated to the complainant. 
   4. Human Rights Services has the discretion to revisit a preliminary assessment during any step in the complaint resolution process. For example, this may be appropriate if the status or participation of the parties changes or if new information becomes available.
   5. Human Rights Services offers a range of approaches to addressing and resolving complaints and reports of discrimination and harassment, and will encourage efforts to resolve concerns through direct, informal and restorative approaches, where appropriate. While Human Rights Services is completing its preliminary assessment, it may determine that the complaint or report is appropriate for early intervention and may recommend exploring early intervention options before proceeding with a complaint resolution process.
2.  Jurisdiction of the Complaint Resolution Process
   1. Human Rights Services will determine whether a complaint falls within the jurisdiction of the complaint resolution process under the Policy and Procedures in accordance with the terms of the “Application and Scope” section of the Policy. 
3. Trivial, Frivolous, Vexatious, or Bad Faith Complaints
   1. A complaint will not proceed through a complaint resolution process under this Policy and Procedures if it is determined that it is trivial, frivolous, vexatious, or made in bad faith.  
      1. A trivial complaint is one in which there may be a technical or minor breach of the Policy, but the impact of the breach is insignificant. 
      2. A frivolous complaint lacks legal or policy basis or merit; it is a complaint that has little prospect of success. 
      3. A vexatious complaint is one that is commenced for an improper purpose, for example, to harass, embarrass or annoy. 
      4. A bad faith complaint is one that is brought with an improper ulterior motive, such as a complaint motivated by hostility, malice, ill-will, dishonesty, or other improper motivation.
   2. If Human Rights Services determines at any stage in the complaint resolution process that there is sufficient evidence to suggest that a complaint may be trivial, frivolous, vexatious, or made in bad faith, it may refer the issue for investigation in accordance with these Procedures. 
      1. Human Rights Services may initiate an investigation into the issue on a preliminary basis in order to inform its assessment of whether the complaint is appropriate to move forward through a complaint resolution process. 
   3. Human Rights Services may alternatively refer the issue for review as part of the investigation into the merits of the complaint. In such cases, the decision maker will make the determination of whether the complaint is trivial, frivolous, vexatious, or made in bad faith, and if so, will determine if any accountability measures are appropriate in the circumstances. 
4. University as Complainant
   1. In some cases, the University may elect to be the complainant in a complaint resolution process under this Policy and Procedures. Examples of such circumstances include but are not limited to:
      1. Where there is a risk to the safety of individuals and/or the broader  University Community.
      2. Where the University has a legal duty to investigate, such as under the Ontario Human Rights Code and/or Occupational Health and Safety Act.
      3. Where Human Rights Services becomes aware of potential systemic barriers or discrimination and determines that a systemic human rights review or investigation is appropriate. 
      4. Where the complaint was made to Human Rights Services anonymously.
      5. Where the individual directly affected wishes to be a witness in an investigation and not the complainant. The individual may request to receive information about the general progress of the complaint resolution process, even if they choose not to participate in the process. Human Rights Services will consider their request while balancing applicable confidentiality and privacy obligations.
      6. Where the alleged incident was perpetrated by a University Community member against a non-University Community member. In these circumstances, the individual affected by the alleged incident of discrimination and harassment may choose whether to participate in the complaint resolution process as a witness. The individual may request to receive information about the general progress of the complaint resolution process, even if they choose not to participate in the process. Human Rights Services will consider their request while balancing applicable confidentiality and privacy obligations.
5. Early Intervention
   1. 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 under this Policy and Procedures. Early intervention does not involve any findings of a breach(es) of the Policy and is not disciplinary in nature. 
   2. Early intervention can take many forms and typically involves a focus on timely resolution through education, relationship repair and prevention of future breaches of the Policy. 
   3. Human Rights Services will consider the following factors in determining whether a complaint or report may be appropriate for early intervention:  
      1. The complainant’s desired outcomes.
      2. The nature and seriousness of the allegations and proportionality with respect to the University’s response. 
      3. The benefits to the parties and the University Community of addressing concerns early and directly in order to prevent recurrences or escalation of behaviour that may lead to future breaches of the Policy. 
      4. Any other relevant factors. 
   4. Examples of early interventions include, but are not necessarily limited to:
      1. Direct Feedback: Human Rights Services may support a complainant who may choose to communicate directly with an individual about concerns regarding their comments or conduct and provide information about the impact and their expectations regarding future interactions. 
      2. Leadership Feedback: A complainant and/or Human Rights Services may communicate with leaders who have management authority over the individuals whose comments or conduct have caused concern. Leaders are then supported to communicate with the individual to share the concerns, reinforce expectations and offer coaching or other training support to ensure they are familiar with their responsibilities under the Policy. 
      3. Human Rights Services Letter of Expectation: Human Rights Services may communicate with individuals whose comments or conduct have caused concern through a letter of expectation that outlines the nature of the concerns that have been raised and reinforces expectations and responsibilities under the Policy.  
      4. Human Rights Services Facilitated Discussion or Conciliation: Human Rights Services may facilitate discussions between individuals or groups using a restorative justice approach in order to address and attempt to resolve concerns, redress harms and reestablish relationships. 
   5. If early intervention is determined not to be appropriate in the circumstances or is attempted and is unsuccessful, Human Rights Services may complete its preliminary assessment to determine if the complaint or report is appropriate to proceed with a complaint resolution process under the Policy and Procedures.

VI. Complaint Resolution Process 

1. Notice of Complaint Resolution Process
   1. Once Human Rights Services completes a preliminary assessment and determines that the complaint or report will proceed through a complaint resolution process under this Policy and Procedures, they will issue a Notice of Complaint Resolution Process in writing to all parties advising them of their rights and responsibilities and the next steps in the process.
   2. Human Rights Services will provide a Notice of Complaint Resolution Process to the complainant, the respondent, and the investigator, if one has been appointed. 
   3. The Notice of Complaint Resolution Process will include the following information:
      1. A link to this Policy and Procedures, and any other related policies.
      2. A summary of the allegations that make up the complaint or report.
      3. Confirmation of the right to a support person or union representative, where applicable, during the complaint resolution process.
      4. Details of any interim measures that will be in place during the complaint resolution process, including advising that such interim measures may be revised if needed throughout the process with further notice provided to the parties.
      5. Information about confidentiality and the right to be free from reprisal or threats of reprisal under this Policy and Procedures.
      6. The name and contact information of the Human Rights Services case manager, investigator, and decision maker (if appointed at the time of issuing the Notice).
   4. After Human Rights Services has issued a Notice of Complaint Resolution Process to the parties, the Human Rights Services case manager will meet separately with the complainant and respondent and will:
      1. Explain to each party their rights and responsibilities in the complaint resolution process, including information about alternative resolution and investigation and decision-making processes. 
      2. Discuss details of interim measures, if applicable.
      3. Explore whether the complainant and respondent are interested in exploring an alternative resolution, as opposed to the completion of an investigation and decision-making process.
      4. Answer any questions. 
2. Interim Measures during the Complaint Resolution Process 
   1. In some cases, it may be necessary to implement appropriate interim measures during a complaint resolution process. Interim measures are temporary measures put in place to protect the parties, the community, and the integrity of the complaint resolution process. Such measures are non-disciplinary and without prejudice to the ultimate outcome of the complaint resolution process.
   2. Examples of interim measures that might be considered include:
      1. Restrictions on contact and communication between the complainant and respondent, or other members of the University Community.
      2. Changes to student course and/or section enrollments.
      3. Changes in employment assignments or reporting structures.
      4. Restrictions to access campus or parts of campus.
      5. Changes within University housing if the parties are residing in Student Housing.
   3. Where the respondent is an employee and any interim measures implemented by the University affect the respondent’s terms and conditions of employment, the normal procedures of any relevant collective agreement will apply to the implementation of the interim measures.
   4. The complainant or respondent may notify Human Rights Services if there is a change of circumstances, and the interim measure(s) may be modified if appropriate throughout the complaint resolution process.  
   5. There may be serious consequences for a respondent who is found to have violated interim measures imposed under this Policy and Procedures, which may include additional accountability measures as outlined below.
3.  Alternative Resolution
   1. Human Rights Services offers various approaches to addressing and resolving complaints of discrimination and harassment, including alternative resolution or investigation and decision-making processes. Human Rights Services encourages efforts to resolve complaints of discrimination and harassment through alternative resolution or restorative justice approaches, where appropriate. 
   2. Alternative resolution refers to alternative forms of complaint resolution that do not include an investigation or the issuing of a decision (examples below).
   3. 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.
   4. 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. During the alternative resolution process, the complainant or the respondent may withdraw their consent to participate at any time. Human Rights Services will consider whether it is possible and appropriate to move to an investigation and decision-making process.
   5. Alternative resolution can take many forms, including, for example:
      1. The respondent’s agreement not to contact or communicate with the complainant.
      2. The respondent’s agreement to participate in education about discrimination and harassment.
      3. The respondent’s agreement to participate in counselling.
      4. The respondent’s agreement to be governed by a period of probation.
      5. The respondent’s agreement not to access designated University premises or services.
   6. 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.
   7. If the complainant and respondent reach a resolution, a written record of the alternative resolution agreement will be prepared by Human Rights Services and signed by both parties. Human Rights Services will keep the signed alternative resolution agreement and provide a copy to the complainant, respondent, and relevant University offices.
   8. Human Rights Services will monitor the implementation of the alternative resolution agreement and ensure the parties’ compliance. If there is a failure to comply with the terms of an alternative resolution agreement, the complaint may continue to an investigation and decision-making process in accordance with this Policy.
4. Indigenous Conflict Resolution
   1. The University is committed to addressing the legacy of colonization and is actively working towards meaningful truth and reconciliation. The University’s commitment includes Indigenous well-being and working towards an even more inclusive environment. In line with this commitment, Indigenous peoples (students, faculty and staff) have the choice to request Indigenous conflict resolution to address incidents of discrimination or harassment. Also referred to as restorative justice or transformative justice, Indigenous conflict resolution stems from Indigenous practices and is a set of approaches (which require a time investment) to resolve a complaint that requires individuals to be mindful of and responsible for their words, actions, decisions and behaviours. Indigenous conflict resolution practices will be guided by Indigenous Peoples with lived experience and may be guided, for example, by the 7 Grandparent Teachings and/or the Great Law of Peace. Additional resources to support the process may include, but not are limited to, Elders, talking circles, and traditional medicines. This form of conflict resolution is for Indigenous students, faculty and staff. 
5. Investigation
   1. If a complaint or report is not resolved through alternative resolution, Human Rights Services will initiate an investigation and determine its scope.
   2. Human Rights Services will appoint an impartial investigator with knowledge, training and experience in human rights discrimination and harassment investigations and related issues. The investigator may be internal or external to the University. If the complainant or respondent reasonably believes that the investigator may have a conflict of interest, they may request an alternative investigator in writing, explaining the reasons for their request. Human Rights Services will consider their concerns to determine whether or not to assign an alternative investigator. 
   3. Once an investigator is appointed, they will contact the parties to confirm their appointment as the investigator and explain the investigation process and their role as the investigator.
   4. The investigator will conduct a thorough investigation in a manner that is independent, balanced, fair, unbiased, and free of arbitrariness and discrimination. The investigator works independently. They develop a plan identifying the issues of the complaint or report, who will be interviewed, which questions will be posed, and which documents will be requested for review. The investigator will conduct interviews with the complainant and the respondent separately and may need to meet with each party several times during the course of the investigation. The complainant and respondent will have the opportunity to provide the investigator with information, documents, names of witnesses, and other submissions or evidence that they believe are relevant to the matter under investigation. 
   5. The investigator will ensure that both the complainant and respondent have a full opportunity to review and respond to all material aspects of the allegations that make up the complaint, and the evidence upon which the investigator will rely. The investigator will provide the complainant, the respondent and any witnesses with the notes from, or a synopsis of, their respective interviews, and each will have the opportunity to make any clarifications or corrections to their statements. 
   6. Human Rights Services and its investigators will aim to complete an investigation in a timely way, ensuring a trauma-informed process, procedural fairness and transparency. 
6. Referral to the Decision Maker
   1. Human Rights Services will review the investigation report and provide it to an appropriate impartial decision maker for review and decision. 
      1. Where the respondent is a faculty member, contract lecturer or teaching/graduate assistant, the Dean of their faculty will normally decide the matter. 
      2. Where the respondent is a staff member, the senior head of the unit (Director, Registrar, Senior Director, Executive Director, Assistant Vice-President, Vice Provost, or Dean) will normally decide the matter.
      3. Where the respondent is a student, the Vice Provost, Students will normally decide the matter. 
   2. Human Rights Services will notify the complainant and respondent by e-mail within ten (10) business days of receipt of the final report from the investigator and inform them of who has been appointed as the decision maker. Where the complainant or respondent reasonably believes that the decision-maker may have a conflict of interest, they may request an alternative decision maker. Human Rights Services will consider their concerns to determine whether or not to assign an alternate decision maker. 
7. The Rendering of a Decision
   1. The decision maker will review the final report from the investigator.
   2. The decision maker may also request an opportunity to meet with and ask any questions of Human Rights Services, the investigator, the complainant, the respondent, and/or any witnesses separately before rendering a decision. Notes will be taken of any meeting so as to document any new evidence presented that does not appear in the investigation report. If new relevant information is presented by any party of witness in the course of these meetings, the complainant and respondent will be given the opportunity to respond to that new information before the decision is rendered. The complainant will not be required to appear before a decision maker in the presence of the respondent.
   3. Within thirty (30) business days of receiving the investigation report and all other relevant information and materials, the decision maker will render a decision. The time frame to render a decision may be extended at the request of the decision maker, and the extension will be communicated to the parties.
   4. The decision prepared by the decision maker will indicate whether or not there has been a breach of the Policy, and if so, assign appropriate remedies and accountability measures. Decisions will be made based on the standard of proof of a balance of probabilities, which requires evidence to support a finding that something is more likely than not to have happened. This standard of proof is a lower threshold than the criminal standard of proof, which requires evidence to support a finding beyond a reasonable doubt. 
   5. The decision maker will provide both the complainant and the respondent with a summary of the investigation results, their decision, the reasons for that decision, and any applicable remedies and accountability measures.
   6. A request by a party to receive a copy of the investigation report will be subject to restrictions under University’s Privacy and Access to Information Policy and the Freedom of Information and Protection of Privacy Act. 
8. Remedies 
   1. If the decision maker finds that there has been a breach(es) of this Policy, they will determine the appropriate remedies. The objective of remedies is two-fold; they aim to restore the complainant to the position they would have been in had the discrimination and harassment not occurred, and they seek to prevent the continuation or recurrence of similar breaches of the Policy. 
   2. The decision maker may also impose remedies that include directions to undertake systemic reviews or organizational changes if breaches of the Policy included constructive or systemic discrimination resulting from existing University rules, requirements, policies, or practices. 
9. Accountability Measures
   1. Where the decision maker finds that there has been a breach(es) of this Policy, the decision-maker will assign accountability measures that are reasonable and appropriate in the circumstances. Accountability measures will reflect the status of the respondent, and other University offices may become involved in monitoring compliance with the accountability measures, e.g. Office of Student Care, Human Resources, Office of the Vice Provost, Faculty Affairs.
   2. Decision makers have a range of accountability measures they can implement following a finding of a breach of this Policy. In doing so, the decision maker will consider, as appropriate:
      1. The experiences and interests of the complainant;
      2. The nature and severity of the incident, mitigating and aggravating circumstances and principles of proportionality;
      3. The existence of a power imbalance between the complainant and the respondent;
      4. The principle of progressive discipline;
      5. The requirements under any relevant collective agreements and applicable law;
      6. Individual and collective safety, security and well-being considerations;
      7. The University’s role as an educational institution and other proper University interests; and
      8. Any other relevant factors.
   3. Non-exhaustive examples of general accountability measures include:
      1. Educational workshops or counselling; 
      2. No contact with specified individuals or groups;
      3. Letter of behavioural expectations; and
      4. Restrictions related to accessing campus as a whole, parts of campus or certain University-related activities, services, or networks.
   4. Non-exhaustive examples of additional accountability measures applicable to student respondents:
      1. Removal from a course or section of a course;
      2. Limitation to future enrollment in a course or with a particular instructor;
      3. Removal or restriction of access to University online platforms, information technology resources, equipment, and infrastructure;
      4. Restrictions from participation in intramural or varsity sports and University organizations or clubs;
      5. Probationary period; 
      6. Relocation in or eviction from University-owned and/or operated housing;
      7. Suspension from the University for a defined period with a requirement for education/training before reintegration and
      8. Expulsion from the University permanently. 
   5. Non-exhaustive examples of additional accountability measures applicable to employees include:
      1. Change in work assignment;
      2. Letter of Coaching, Warning or Discipline;
      3. Suspension from work for a set time without pay; and/or,
      4. Dismissal from employment.
   6. The decision-maker reserves the right to implement accountability measures that are appropriate in the circumstances.

VII. Appeals

1. Grounds for Appeal
   1. The appeal decision maker will consider appeals based on the following grounds:
      1. Whether there was a substantial procedural error in the application of the Policy;
      2. Whether there is new evidence that could not have reasonably been presented earlier in the investigation process;
      3. Whether the findings are inconsistent with the evidence or Policy; and/or;
      4. Whether the accountability measures are unreasonable in the circumstances.
2. Appeal Review Process
   1. Complainants and respondents involved in a decision can submit an appeal in accordance with the following process, depending on the status of the party submitting the appeal: 
      1. Student: The complainant or respondent can submit to Human Rights Services a written request for appeal and an explanation of the basis for the request within ten (10) business days of receiving the original decision. The appeal will normally be decided by the Provost and Vice-President, Academic or otherwise, by an appeal decision maker senior to the original decision maker.
      2. Employee who is not a union member: The complainant or respondent may submit a written request for appeal to Human Rights Services, along with an explanation of the reasons for the request, within ten (10) business days of receiving the original decision. Typically, the appeal will be decided by the Provost or Vice-President, Academic or another decision-maker who is senior to the original decision-maker.
      3. Employee who is a union member: When the individual appealing is a union member, the option to review the decision is within the grievance and arbitration process of the applicable collective agreement. 
   2. If an appeal is filed by one party, the other party(ies) to the complaint will be notified that an appeal has been submitted. They will also be invited to make a written submission for consideration in the review of the appeal. In deciding on the appeal, the appeal decision maker will review the investigation file, the original decision findings, remedies and accountability measures, and any other relevant documents or information. The appeal decision maker may also interview the parties. 
   3. The appeal decision maker will communicate the appeal decision in writing to all parties within twenty (20)  business days of the commencement of the review.
   4. The appeal decision is final with respect to the options available within the University. 

VIII.  Systemic Human Rights Interventions 

1. Where Human Rights Services become aware of allegations, trends/patterns or other evidence of potential systemic human rights issues related to the policies and/or practices of the University, the Vice-President, Equity and Community Inclusion, in consultation with Human Rights Services, may recommend interventions to address the matter.
2. Systemic interventions may include recommendations for human rights education and training for a particular department or group within the University. 
3. Where it is determined that the systemic human rights issue requires further inquiry or review, Human Rights Services may conduct a climate review, workplace assessment, audit, systemic investigation or other intervention guided by this Policy and Procedures. Human Rights Services may also or alternatively provide support and guidance to University faculties, departments, schools, or units to undertake such reviews or interventions.  
4. In reviewing the outcome of an inquiry into systemic human rights issues, a leader or decision-maker may wish to consult with the Vice-President, Equity and Community Inclusion or Human Rights Services regarding options for systemic remedies or interventions. Complaints arising within the context of systemic human rights inquiries can also be referred to Human Rights Services to consider whether it is appropriate to initiate a further complaint resolution process(es) under this Policy and Procedures.
5. Notwithstanding the complaint resolution process in these Procedures, the President, Provost or Vice-President, Equity and Community Inclusion may intervene in extenuating circumstances in a human rights issue where circumstances warrant an immediate response, such as where there are safety concerns, where action is required in order to prevent potential future liability for the University, or where they judge it to be in the best interests of the university at large.
6. The President, Provost or Vice-President, Equity and Community Inclusion’s decision to intervene will be based on consultation with Human Rights Services with respect to its role in managing the complaint resolution process under this Policy and Procedures.
7. Any decision regarding a discrimination or harassment matter arising from a President, Provost or Vice-President, Equity and Community Inclusion’s intervention under this Policy will be subject to the appeal review process contained in these Procedures.