For Dealing with Behaviour that Contravenes the Policy
The Governors of the University cannot respond to situations of
which it has not been properly informed. It is the responsibility
of individuals to raise and support the facts showing an alleged
breach of the policy with University administrators in order to
ensure appropriate action is taken.
1. Attempt to resolve the complaint informally.
When an individual alleges a breach of this policy has occurred
which affects that individual, he or she is encouraged to approach
the person believed to have committed the breach to attempt to resolve
the complaint informally and between the individuals.
2. Approach a Consultant or the Respondent's Appropriate Supervisor.
If an informal approach does not resolve the problem, or
if the positions of the two people make an informal approach difficult,
the complainant should approach a Consultant
or the respondent's Appropriate Supervisor within nine months of
the incident giving rise to the complaint, to seek:
The Consultant or Appropriate Supervisor cannot actively intervene
in the situation without the written, signed and dated consent of
the complainant, using the Consent
to Intervene form.
- advice in dealing with the situation;
- intervention in the resolution of the complaint; or
- mediation in the dispute.
3. Put the complaint in writing and direct it to the Administrator.
If the intervention of a Consultant or the respondent's Appropriate
Supervisor fails to resolve the dispute, the Consultant or the Appropriate
Supervisor shall request that the complainant put the complaint
in writing and direct it to the Administrator.
However, nothing in this policy requires a potential complainant
to file a written complaint with an Appropriate Supervisor or any
other person should they choose not too.
Notwithstanding the absence of a written complaint, nothing in
this policy shall preclude proceedings under a collective agreement
or an other University policy.
4. Administrator will investigate and institute corrective measures
Once a written complaint is received, the processes for investigation,
discipline, or other remedial action included in the respondent's
Collective Agreement, in the Student Discipline Policy, in an other
University policy, or in a combination of these agreements or policies
will be followed.
If no process is specified in collective agreements or University
policies, the Administrator will investigate and institute corrective
measures following procedures approved by the Advisory
Committee. The University Board may engage persons from outside
the University community to conduct investigations, giving due consideration
to the rights of the complainant, the respondent, and others affected
by the complaint.
Where circumstances may have the potential for an unsafe work environment,
the Administrator may, take interim steps to address the potential
for damage to both the complainant and the respondent. Any such
action will be without prejudice to the rights of the complainant
or the respondent.
5. Follow rules of Substantiation and Entitlement
Evidence to substantiate the complaint is necessary before
any disciplinary process may be initiated.
When a complainant provides a written complaint, the respondent
is entitled to know the identity of the complainant and the
nature of the complaint.
When a complainant provides a written complaint, subject to the
provisions of a collective agreement or the respondent's contract
of employment, the complainant is entitled to know whether
or not the complaint has been substantiated and whether any disciplinary
or remedial action has been taken.
Parties to a complaint are entitled to confidentiality during
and following the resolution of a complaint and must preserve the
confidentiality of the other party. The right of confidentiality
is subject to the provisions of law, to the rights of other parties
involved in the complaint, and to the need to reveal specific information
in any subsequent University process. A party may waive the right
to confidentiality regarding his or her own part in the complaint
by providing the University with a signed waiver, but cannot waive
any other party's right to confidentiality. A party will be deemed
to have waived his or her right to confidentiality if he or she
raises the issues in a public forum.
When the respondent is the President, the appropriate official
to take the complaint shall be the Chair of the Board of Governors.
Any action, other than the receiving of information, will be taken
in accordance with the provisions of the President's contract with
the Board but such action must be consistent with this policy.
Where after appropriate investigation and review a complaint
is found to be both untrue and malicious, the respondent may
file a written complaint with the complainant's appropriate supervisor
that will be dealt with under the complainant's collective agreement,
the Student Discipline Policy or any other University policy.
A Dean, Executive Director, Vice-President or the University Librarian
may initiate a review of the work environment of a unit in which
there appears to be systemic breaches of the policy. Such a review
shall not prevent an individual from proceeding with a complaint
under the policy.
Consent to Intervene