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:

• 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.

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