All community members are responsible for contributing to an environment that is free of discrimination and harassment. In order to appropriately support an individual who reports a potential violation of the Discrimination and Harassment Policy (PDF), community members are not expected to be experts but rather to “recognize, respond and refer.”

The Equity and Inclusion Office published the Blue Folder (PDF), which outlines important definitions and process steps under the discrimination and harassment policy. The document also contains a detailed infographic outlining recognize, respond and refer.

The information below describes a high-level overview of the steps involved within the complaint process, under the policy. For detailed information, please refer to the Discrimination and Harassment Policy (PDF).

1. To initiate the university process, the complainant files their Complaint Intake Forms through an intake office
2. The Complaint Intake Forms are reviewed by the director of the intake office, who may consult with the director, Human Rights and Dispute Resolution Program (HRDR) and the response team to determine if an investigation is warranted and then seek agreement from the decision-maker.
3. There are two ways the process may proceed:
   1. If it is decided not to investigate, the complainant will be advised and can have the decision reviewed by the appropriate vice-president.
   2. If the decision is to investigate, the decision-maker will assign an investigator, either internal or external as deemed appropriate, and the complainant and respondent will be advised.
4. At the conclusion of the investigation, the investigator will provide their findings to the decision-maker, who will then determine if a breach of the policy occurred and, if warranted, what sanctions will be implemented.
5. The decision-maker will notify the respondent of the findings, reasons for the decision and sanctions (if applicable).
6. The decision-maker will notify the complainant of the findings and reasons related to their complaint; information about sanctions will not be shared unless implementation of the sanctions necessitates disclosure.

The university may initiate an investigation without a complainant should the university become aware of a situation where:

1. Allegations are made by a non-community member about the conduct of a community member
2. There are multiple disclosures about one individual or group/organization
3. The university has a legal duty to investigate under the Occupational Health and Safety Act (OHSA)
4. A power differential exists between the parties and it is believed there is the potential for a pattern of repeated behaviour
5. Broader issues are evident, such as a toxic work environment

In these instances, the director of ORCCA may consult with the director of the Human Rights and Dispute Resolution Program (HRDR), the response team and the decision-maker, to determine whether a university-initiated complaint is warranted.

It should be noted that individuals have the right not to participate as a complainant in any university-initiated investigation.

The Office of Respectful Conduct in Clinical and Academic Environments (ORCCA) intake coordinator will:

• Advise you of their limits to confidentiality at the start of your consultation
• Discuss your concerns using a trauma informed approach
• Discuss options available (e.g., early intervention, informal resolutions, formal resolutions, criminal report) and the associated processes
• Assist you in completing a Complaint Intake Form if you decide to file a complaint

Unless required as per limits to confidentiality, the ORCCA intake coordinator will not:

• Discuss your concerns with anyone outside an intake office
• Move forward with your complaint unless directed to do so by you

In addition to the same steps completed by the intake coordinator, the director of ORCCA will also:

• Consider if the matter could be resolved informally through early intervention or alternate dispute resolution, when appropriate
• Determine if a complaint falls within the scope of the policy
• Consult with the director of the Human Rights and Dispute Resolution Program (HRDR) to determine if a complaint may warrant an investigation, in which case they can convene the response team (comprised of representation from appropriate intake offices)

The response team may consult and review the information raised in the complaint and help formulate a recommendation, which will be provided to the decision-maker.

The decision-makers for intake and investigations are:

• Assistant vice-president and chief human resources officer for staff respondents
• Associate vice-president (students and learning) and dean of students for student respondents
• Executive vice-dean and associate vice-president (academic) for faculty respondents in the Faculty of Health Sciences (FHS)
• Provost and vice-president (academic) for non-FHS faculty respondents

Note: more than one decision-maker may be involved in cases where a respondent has multiple roles (e.g., student who is also a staff member).