In the New Policy: What Happens When A Complaint Is Made
After a complaint is made, the university's Policy on Gender-Based & Sexual Violence details a clear process that is followed. You can read the new policy (in effect on May 1, 2020) in full here.
Who does this process apply to?
The process only applies to complaints that involve a Respondent who is a student or visiting student of the university, or at the discretion of the Provost & Vice-President (Academic).
For complaints against a faculty or staff members at please refer to the investigation outlined in the Harassment Policy.
Am I required to participate in a complaint process?
No. Complainants or Respondents are not required to participate in an investigation or any other aspects of the complaint process. However, Complainants should understand that a decision not to participate may prevent the university from investigating and coming to a decision. Respondents should understand that a decision not to participate will not be held against them, but may be detrimental to them and will not deter the university from proceeding with an investigation and/or making a decision about the complaint.
The Complaint Process
There may be interim measures put in place while the investigation and complaint process happen. These will take into account the interests of the Complainant and Respondent, the integrity of the process, and the health and safety of university community members. They are not disciplinary and do not represent a finding of misconduct.
- They might include things like a no-contact directive, suspending campus or work-related privileges, moving an office to another location. For more information, refer to the full policy document.
- A Respondent subject to interim measures can ask the Associate Vice-President (Student Experience) to reconsider whether they are appropriate.
The Associate Vice-President (Student Experience) will notify the Respondent in writing about the investigation. It will include a summary of the allegations, describe any interim measures and how to seek reconsideration of these, and identify potential sources of support during the process.
An investigation is carried out by a trained investigator who will typically obtain written responses and documents from the Respondent, conduct interviews, gather any other relevant documentation, and produce an investigation report.
- Throughout the investigation, the Complainant and Respondent can have a support person (including legal counsel at their own expense) present for meetings.
- The investigation report produced will review the complaint and determine whether the facts of the allegations have been established, but will not determine whether the Policy has been breached or recommend any sanctions.
- The university is committed to thorough and timely investigations of complaints, all the while keeping both the Complainant and Respondent up-to-date about its status.
Using the investigation report, the Associate Vice-President (Student Experience) will determine whether, on the balance of probabilities, Gender-based and Sexual Violence occurred. The Respondent and Complainant will be notified in writing of the decision, why it was made, and how to appeal. If requested by either the Complainant or Respondent, the Associate Vice-President (Student Experience) will provide access to the investigation report.
- Sanctions: The Associate Vice-President (Student Experience) will consider submissions on sanctions from the Complainant and Respondent. Sanctions may range from written warnings and educational sanctions, to access restrictions, limitations to privileges (financial awards, employment, residence space), suspension, or explusion.
Either the Complainant or Respondent can make an appeal within 2 weeks of a decision. Directions on how to submit an appeal are included in the written copy of the decision, and are also detailed in the university’s full policy.
- Grounds for an appeal include: new evidence, serious procedural errors, that the decision made was unreasonable or unsupported by evidence, or that the sanctions were unreasonable.
- An appeal hearing will be scheduled with at least 2 weeks notice where the person making the appeal and the Associate Vice-President (Student Experience) will be heard by an Adjudicator appointed by the Provost & Vice-President (Academic).
At the Associate Vice-President (Student Experience)’s discretion, the Respondent & Complainant can participate in an informal resolution process. This takes place after Step 3 and before Step 5. The informal resolution process is conducted by the Director of Equity & Human Rights Services, or another qualified staff or faculty member.
- Both the Complainant and Respondent can end the informal resolution process at any time. Any resolution must be acceptable to both, as well as the Associate Vice-President (Student Experience).
- If no agreement is reached within a reasonable amount of time, the Associate Vice-President (Student Experience) will issue a decision based on the materials and information received in the formal complaint process.