Formal Process. 1) In a formal investigation of a complaint, the following time lines will apply: a) All references to days mean working days. b) All references to months mean calendar months. c) All deadlines are binding, except in situations in which the parties mutually agree to extend them or the President determines the circumstances justify an extension of the time limit in accordance with paragraph 6.2.9 below. d) A formal complaint must be made as soon as possible, normally no later than six (6) months after the incident, or most recent incident. (See 6.2.9) 2) The President will identify five (5) persons from outside the University community who are qualified to serve as investigators in formal harassment and discrimination complaints. The names and backgrounds of these individuals will be available, upon request, to members of the University community. 3) A formal letter of complaint must be in writing and signed by the complainant before a formal investigation will be initiated. Emailed complaints will not be accepted. 4) A formal letter of complaint must be addressed to the Harassment and Discrimination Coordinator and should be delivered by hand or in a sealed envelope marked "Confidential". 5) A letter of complaint must contain to the best knowledge of the complainant, the following information about the alleged incident(s) of harassment/discrimination: the name of the respondent(s), the place(s) the incident(s) occurred, date(s) of the incident(s), the prohibited ground(s) and nature of the harassment/discrimination, and any other relevant information. 6) The Harassment and Discrimination Coordinator will supply the respondent(s) with a copy of the complaint within five (5) days of receiving it from the complainant. 7) The Harassment and Discrimination Coordinator will supply the President with a copy of the complaint within five (5) days of receiving it from the complainant. Within five (5) days of receiving a copy of the complaint from the Harassment and Discrimination Coordinator, the President will select an investigator on a rotation basis in order of their listing subject to availability and will advise the Coordinator of the name of the investigator. 8) The Coordinator shall inform both parties of the investigator and his/her background. 9) A formal investigation may proceed, notwithstanding that such complaint is made after the six (6) month time period, if in the opinion of the President in consultation with the Harassment and Discrimination Coordinator, the circumstances justify doing so. 10) The investigation will be carried out as expediently and effectively as possible. The University will endeavour to have the investigation concluded within ninety (90) days of receipt of the complaint. 11) The investigation will normally include interviews with the complainant, interviews with the respondent(s), and interviews with others considered by the investigator to have information relevant to the complaint. The investigation will be conducted pursuant to rules of natural justice. 12) Upon completion of the investigation, the investigator shall give a written report of the investigation to the President with a copy to the Coordinator. 13) The report to the President shall include: determination on whether the complainant has established that harassment and/or discrimination as defined in the policy has occurred, a review of the facts, findings on the facts and the reasons/grounds on which such determination was based, recommendations on sanctions and/or redress if appropriate, and other such relevant information. 14) Where the complaint involves allegations against President, the Chair and Vice-Chairs of the Board of Governors will perform the role assigned to the President in paragraphs, 2.7, 2.9, 2.12, 2.13, 2.15 and 2.16 of the Procedures. 15) Within ten (10) days of receiving the investigator's report, the President will give a copy of the investigator's report to the complainant and the respondent and will advise them of his/her decision regarding resolution of the complaint. 16) The President may elect not to appoint an investigator to a complaint of alleged harassment and discrimination for reasons which include but are not limited to the following: a) the complaint is not based on a protected ground under the Ontario Human Rights Code; b) the complaint is not based on conduct or comment that fits the definition of harassment or discrimination set out under this policy; c) the complaint is malicious, trivial, vexatious or made in bad faith; d) the complaint has been addressed or is being addressed through another resolution process available to the parties; e) the complaint has been subject of a formal complaint to the police or the Ontario Human Rights Commission. When the President elects not to appoint an investigator to a formal complaint written notice will be provided to the complainant stating the reasons for the decision not to appoint an investigator.
Appears in 9 contracts
Sources: Collective Agreement, Collective Agreement, Collective Agreement
Formal Process. 1) 2.1 In a formal investigation of a complaint, the following time lines will apply:
a) All references to days mean working days.
b) All references to months mean calendar months.
c) All deadlines are binding, except in situations in which where the parties mutually agree to extend them or the President determines the circumstances justify an extension of the time limit in accordance with paragraph 6.2.9 belowas per 2.10.
d) A formal complaint must be made as soon as possiblepossible , normally no later than six (6) months after the incident, or most recent incident. (See 6.2.9)2.
2) 2.2 The President will identify appoint five (5) persons from outside the University community who are qualified to serve as investigators in formal harassment and discrimination complaints. The names complaints and backgrounds of these individuals will be available, upon request, to members of the University communityprovide appropriate training.
3) 2.3 A formal letter of complaint must be in writing and signed by the complainant before a formal investigation will be initiated. Emailed complaints will not be accepted.
4) 2.4 A formal letter of complaint must be addressed to the Harassment and Discrimination Coordinator Officer and should be delivered by hand or in a sealed envelope marked "Confidential".
5) 2.5 A letter of complaint must contain to the best knowledge of the complainant, the following information about the alleged incident(s) of harassment/discrimination: the name of the respondent(s), the place(s) the incident(s) occurred, date(s) of the incident(s), the prohibited ground(s) and nature of the harassment/discrimination, and any such other relevant information.
6) 2.6 The Harassment and Discrimination Coordinator Officer will supply the respondent(s) respondent with a copy of the complaint within five (5) days of receiving it from the complainant.
7) 2.7 The Harassment and Discrimination Coordinator Officer will supply the President with a copy of the complaint within five (5) days of receiving it from the complainant. .
2.8 Within five (5) days of receiving a copy of the complaint from the Harassment and Discrimination CoordinatorOfficer, the President will select an investigator on a rotation basis in order of their listing subject to availability and will advise the Coordinator Officer of the name of the investigatorhis/her choice.
8) 2.9 The Coordinator Officer shall inform both parties of the investigator and his/her backgroundidentity of the investigator.
9) 2.10 A formal investigation may proceed, notwithstanding that such complaint is made after the six (6) month time period, if in the opinion of the President in consultation with the Harassment and Discrimination CoordinatorOfficer, the circumstances justify doing so.
10) 2.11 The investigation will be carried out as expediently and effectively expeditiously as possible. The University will endeavour to have the investigation concluded within ninety (90) days of receipt of the complaint.
11) 2.12 The investigation will normally include interviews with the complainant, interviews with the respondent(s), and interviews with others considered by the investigator to have information relevant to the complaint. The investigation will be conducted pursuant to rules of natural justice.
12) 2.13 Upon completion of the investigation, the investigator shall give a written report of the investigation to the President with a copy to the CoordinatorOfficer.
13) 2.14 The report to the President shall include: determination on whether the complainant has established that harassment and/or discrimination as defined in the policy has occurred, a review of the facts, findings on the facts and the reasons/grounds on which such determination was based, recommendations on sanctions and/or redress if appropriate, and other such relevant information.
14) Where the complaint involves allegations against President, the Chair and Vice-Chairs of the Board of Governors will perform the role assigned to the President in paragraphs, 2.7, 2.9, 2.12, 2.13, 2.15 and 2.16 of the Procedures.
15) Within ten (10) days of receiving the investigator's report, the President will give a copy of the investigator's report to the complainant and the respondent and will advise them of his/her decision regarding resolution of the complaint.
16) The President may elect not to appoint an investigator to a complaint of alleged harassment and discrimination for reasons which include but are not limited to the following:
a) the complaint is not based on a protected ground under the Ontario Human Rights Code;
b) the complaint is not based on conduct or comment that fits the definition of harassment or discrimination set out under this policy;
c) the complaint is malicious, trivial, vexatious or made in bad faith;
d) the complaint has been addressed or is being addressed through another resolution process available to the parties;
e) the complaint has been subject of a formal complaint to the police or the Ontario Human Rights Commission. When the President elects not to appoint an investigator to a formal complaint written notice will be provided to the complainant stating the reasons for the decision not to appoint an investigator.
Appears in 5 contracts
Sources: Collective Agreement, Collective Agreement, Collective Agreement
Formal Process. 1) In a formal investigation of a complaint, the following time lines will apply:
a) All references to days mean working days.
b) All references to months mean calendar months.
c) All deadlines are binding, except in situations in which the parties mutually agree to extend them or the President determines the circumstances justify an extension of the time limit in accordance with paragraph 6.2.9 below.
d) A formal complaint must be made as soon as possible, normally no later than six (6) months after the incident, or most recent incident. (See 6.2.9)
2) The President will identify five (5) persons from outside the University community who are qualified to serve as investigators in formal harassment and discrimination complaints. The names and backgrounds of these individuals will be available, upon request, to members of the University community.
3) A formal letter of complaint must be in writing and signed by the complainant before a formal investigation will be initiated. Emailed complaints will not be accepted.
4) A formal letter of complaint must be addressed to the Harassment and Discrimination Coordinator and should be delivered by hand or in a sealed envelope marked "Confidential".
5) A letter of complaint must contain to the best knowledge of the complainant, the following information about the alleged incident(s) of harassment/discrimination: the name of the respondent(s), the place(s) the incident(s) occurred, date(s) of the incident(s), the prohibited ground(s) and nature of the harassment/discrimination, and any other relevant information.
6) The Harassment and Discrimination Coordinator will supply the respondent(s) with a copy of the complaint within five (5) days of receiving it from the complainant.
7) The Harassment and Discrimination Coordinator will supply the President with a copy of the complaint within five (5) days of receiving it from the complainant. Within five (5) days of receiving a copy of the complaint from the Harassment and Discrimination Coordinator, the President will select an investigator on a rotation basis in order of their listing subject to availability and will advise the Coordinator of the name of the investigator.
8) The Coordinator shall inform both parties of the investigator and his/her background.
9) A formal investigation may proceed, notwithstanding that such complaint is made after the six (6) month time period, if in the opinion of the President in consultation with the Harassment and Discrimination Coordinator, the circumstances justify doing so.
10) The investigation will be carried out as expediently and effectively as possible. The University will endeavour to have the investigation concluded within ninety (90) days of receipt of the complaint.
11) The investigation will normally include interviews with the complainant, interviews with the respondent(s), and interviews with others considered by the investigator to have information relevant to the complaint. The investigation will be conducted pursuant to rules of natural justice.
12) Upon completion of the investigation, the investigator shall give a written report of the investigation to the President with a copy to the Coordinator.
13) The report to the President shall include: determination on whether the complainant has established that harassment and/or discrimination as defined in the policy has occurred, a review of the facts, findings on the facts and the reasons/grounds on which such determination was based, recommendations on sanctions and/or redress if appropriate, and other such relevant information.
14) Where the complaint involves allegations against President, the Chair and Vice-Chairs of the Board of Governors will perform the role assigned to the President in paragraphs, 2.7, 2.9, 2.12, 2.13, 2.15 and 2.16 of the Procedures.
15) Within ten (10) days of receiving the investigator's report, the President will give a copy of the investigator's report to the complainant and the respondent and will advise them of his/her decision regarding resolution of the complaint.
16) The President may elect not to appoint an investigator to a complaint of alleged harassment and discrimination for reasons which include but are not limited to the following:
a) the complaint is not based on a protected ground under the Ontario Human Rights Code;
b) the complaint is not based on conduct or comment that fits the definition of harassment or discrimination set out under this policy;
c) the complaint is malicious, trivial, vexatious or made in bad faith;
d) the complaint has been addressed or is being addressed through another resolution process available to the parties;
e) the complaint has been subject of a formal complaint to the police or the Ontario Human Rights Commission. When the President elects not to appoint an investigator to a formal complaint written notice will be provided to the complainant stating the reasons for the decision not to appoint an investigator.and
Appears in 1 contract
Sources: Collective Agreement