Under the Harassment and Discrimination Prevention and Response Policy
Purpose
This is the procedure under the Harassment and Discrimination Prevention and Response Policy (the “Policy”) for reporting information about Harassment, Discrimination, Reprisals and Systemic Discrimination in the University’s living, learning or working environments so it can be appropriately addressed by the University.
If your issue is about Discrimination, Harassment or Reprisal you experienced, do not file a Report. Instead, please refer to the Complaints Procedure or the Alternative Resolution provisions of the Policy.
If a matter relates to Sexual Harassment or another form of sexual violence (as defined in the Policy on Sexual Misconduct and Sexual Violence Involving Students), and involves a student, a Report under this Procedure should not be filed; rather, the procedure set out in the Policy on Sexual Misconduct and Sexual Violence Involving Students must be followed.
For more information about the Policy and its Complaint and Reporting Procedures, click here.
Capitalized terms in this Procedure are defined in the Policy.
Duty to Report
1. All members of the University Community are encouraged to make a Report when they witness Discrimination, Harassment or Reprisal, or are aware of a policy, process, or other circumstance giving rise to Systemic Discrimination.
2. Persons of Authority shall make a Report when they witness or otherwise become aware of reliable information about Workplace Discrimination, Harassment, or Reprisal, or, of a policy, process, or other circumstance giving rise to Systemic Discrimination. Disclosure of information about Workplace Discrimination, Harassment, or Reprisal to a Person of Authority is not intended to be used as by a person who believes they have experienced Workplace Discrimination, Harassment, or Reprisal as a proxy for not using the Complaint Procedure.
Where, how and when to submit a Report
3. Reports shall be directed to the Office of Vice‐Principal (Culture, Equity, and Inclusion). If the Report concerns conduct of an employee(s) in the office of the Vice‐Principal (Culture, Equity, and Inclusion), the Report shall be made to General Counsel and the procedure below will be adjusted with the role of the Chair of the Intake Assessment Team being fulfilled by an individual appointed by General Counsel.
4. Not more than 30 days after a Report is submitted, the Vice‐Principal (Culture, Equity, and Inclusion) (or General Counsel, if applicable per #3 above) will assemble the appropriate Intake Assessment Team to review the Report and determine whether it will be referred for investigation.
5. A Report should be made as soon as possible after the person Reporting witnesses or becomes aware of the incident(s) to which their Report relates.
6. A Report must contain a detailed account of all facts alleged and must attach any documents that the person Reporting feels are relevant and to which they have access, and if possible, list other relevant documents of which they are aware but to which they don’t have access.
7. A Report should be made using the appropriate form available here.
Report intake and streaming
8. Subject to applicable law that might require an investigation, the Intake Assessment Team may decline to refer a Report for investigation if:
a. the Report is about a matter or issues not governed by the Policy;
b. the facts alleged in the Report do not establish a prima facie case of Harassment, Discrimination, or a Reprisal; that is, assuming the facts alleged are true, they do not disclose conduct that is contrary to the Policy.
c. the substance of the Report is already the subject matter of another internal University proceeding (e.g., a grievance under a collective agreement);
d. the Report does not contain sufficient information. In this circumstance, the Chair of the Intake Assessment Team may appoint someone to make follow-up inquiries and to report back to the Team to determine if the Report, amended with additional information, should be referred for investigation;
e. the Report is made more than one year after the incident(s) to which the Report relates. The Intake Assessment Team may accept a Report after the one-year period, if it is satisfied that the delay was incurred in good faith and no substantial prejudice will result to any person because of the delay; or
f. the Respondent is no longer a member of the University Community. The Intake Assessment Team may accept a Report in these circumstances, which it will assess on a case-by-case basis. The University’s ability to investigate may be limited in such circumstances.
9. If the Intake Assessment Team decides not to refer a Report for investigation, the Chair, on behalf of the Intake Assessment Team, will advise the person(s) Reporting in writing:
a. of the reason(s) that the Intake Assessment Team decided not to refer the Report for investigation;
b. that the Intake Assessment Team will reconsider its decision if the person(s) Reporting submit substantial new factual new information; and,
c. about appropriate alternative(s) for seeking recourse or advice.
10. If the Report alleges conduct that, if proven to be true, would constitute a violation of another policy, the Intake Assessment Team may refer the matter to the appropriate Office to be addressed by the applicable policy and its procedures
11. Subject to any right to file a grievance under a collective agreement the Intake Assessment Team’s decision is final and is not appealable.
12. Reports that the Intake Assessment Team refers for investigation will normally be referred as follows:
a. Respondent is an Employee: to the Office of Complaints and Investigations if the Complaint involves a Respondent(s) who is not a student (subject to (b) below), to be investigated in accordance with the Investigation Process;
b. to the Office of Complaints and Investigations if the Complaint involves a Respondent(s) who is a Medical Trainee (i.e., medical “Resident”) enrolled in the School of Medicine Postgraduate Medical Education Program for investigation under the Resident Harassment and Discrimination