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Procedures Relating to the Prevention of Harassment, Discrimination and Sexual Misconduct (6.1)

Procedures Relating to the Prevention of Harassment, Discrimination and Sexual Misconduct (6.1)

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This online version is for convenience; the official version of this policy is housed in the University Secretariat. In case of discrepancy between the online version and the official version held by the Secretariat, the official version shall prevail.

Approving Authority: Associate Vice-President: Equity, Diversity, and Inclusion 

Original Approval Date: June 22, 2017

Date of Most Recent Review/Revision: January 28, 2025

Administrative Responsibility: Office of Human Rights and Conflict Management

Parent Policy: Prevention of Harassment, Discrimination and Sexual Misconduct (6.1)

1.0 Consultation with the Office of Human Rights and Conflict Management

1.1 Any Member of the University Community may consult with the Office of Human Rights and Conflict Management (“OHRCM”) to discuss situations which may or may not constitute harassment, discrimination and/or sexual misconduct pursuant to Policy 6.1 – Prevention of Harassment, Discrimination and Sexual Misconduct (the “Policy”). Members who believe that they are experiencing harassment, discrimination and/or sexual misconduct are encouraged to seek supports available through the OHRCM or other sources of support including human resources, and union or association representatives. During consultation with the OHRCM informal resolution opportunities as well as emotional, academic, and departmental supports will be explored.

1.2 If the concern falls outside of this policy’s jurisdiction, or could be more appropriately dealt with elsewhere, the individual will be referred to the appropriate office.

2.0 Right to Representation and Support

2.1 Individuals may have a support person and/or representation accompany them while engaged with the OHRCM. Individuals shall provide advance notification to the OHRCM of the intention to bring a support person and/or representation for any interview or proceeding related to a complaint under this policy.

3.0 Filing a Complaint

3.1 Following consultation, if the concern has not been resolved, the individual bringing forward the concern may choose to file a complaint. In filing a complaint, individuals will give notice in writing to the OHRCM. The notice shall include information regarding who the complaint is against, the nature of the complaint, and details regarding where and when the incident(s) occurred if possible.

3.2 Upon receipt of complaint, the OHRCM will determine whether the complaint may go forward, considering whether the issues noted in the complaint are within the jurisdiction of the university to resolve and within the scope of this policy, as well as whether the allegation(s) would, if proven true, constitute a violation of institutional policies.

3.3 The OHRCM will provide complaint details to the individual(s) named in the complaint (the “respondent(s)”). The respondent(s) may provide a written response to the complaint, which should be filed with the OHRCM as soon as reasonably possible, and in accordance with timelines established by the OHRCM.

3.4 The OHRCM will provide to the complainant(s) and respondents(s), no later than 30 days from receipt of a complaint, an outline of the process and an estimated timeline for the complaint to be addressed. Should the estimated timelines change, OHRCM will provide updates to the complainant(s) and respondent(s) on the status and revised timelines. 

3.5 The OHCRM will determine if supportive/interim measures are required for any impacted parties to the complaint pending the outcome of the complaint process and will communicate such measures to the impacted parties in writing.

3.6 The OHRCM is available to provide guidance on the preparation of a complaint or response to a complaint.

3.7 Allegations of harassment, discrimination and sexual misconduct are very serious and must be handled accordingly. Great care should be taken when filing a complaint. The University has an obligation to address all complaints once filed. 

4.0 Complaints of Sexual Misconduct or Sexual Violence agaist Students

4.1 In cases where the complainant is a Laurier Student, supports and services are available through the Gendered and Sexual Violence Response Staff in the OHRCM.

4.2 In cases where the respondent is a Laurier Student, the Complaint processes may be initiated through the OHRCM under Procedures Relating to the Gendered and Sexual Violence Policy 12.4.

5.0 Early Resolution

5.1 The Senior Advisor, Human Rights and Conflict Management, or designate, will meet or speak with all parties in the complaint to discuss the issues to seek understanding and develop mutually satisfying solutions. Solutions may include voluntary mediation, facilitated conversation or other resolution mechanisms. Early intervention and resolution are encouraged. Participants must remain free from reprisal during these confidential resolution meetings, if meaningful resolution is to occur. These conversations, or mediation sessions cannot be relied upon for future discipline.

5.2 All Members of the University Community are expected to cooperate with and participate in resolution efforts.

5.3 If a resolution is achieved, the details will be documented and set out in a written agreement that must be reviewed and signed by all parties. The agreement may be created by the OHRCM, or an appointed mediator. A copy of the signed resolution agreement will be provided to all parties and may be provided to university administrators as reasonably necessary to implement the terms of the resolution. The Senior Advisor, Human Rights and Conflict Management, or designate, will monitor the implementation of the terms of the resolution agreement.

5.4 A copy of the terms of the resolution shall be confidentially retained in the files of the OHRCM and shall not be placed in official student or employee files. Files will be confidentially destroyed after 5 years in accordance with Records Management Policy (10.4).

6.0 Investigating a Complaint

6.1 An investigation may be required when other efforts to resolve the complaint have not been successful or are not appropriate.

6.2 The OHCRM may need to gather additional information before proceeding to a full investigation.

6.3 Investigator(s) shall be appointed by the university and investigation shall occur as promptly as possible. Investigator(s) may include individuals internal or external to the university, but in no event will an individual in a reporting relationship to the complaint(s) or respondent(s), or who may have a conflict of interest, be appointed as an investigator.

6.4 The investigator(s) shall receive a copy of the complaint, response, and any relevant documents. Where mediation or other early resolution strategies were conducted, no information shall be provided to the investigator other than a notation that the parties participated in mediation or other informal or early resolution strategies. The investigator will interview the complainant(s), respondent(s) and any applicable witnesses or individuals with knowledge of the events being investigated.

6.5 All Members of the University Community are expected to cooperate with and assist in the investigation. All relevant and applicable information should be provided.

6.6 Members of the University Community will not be penalized for filing a complaint in good faith or participating in an investigation.

7.0 Investigation Report

7.1 Following completion of the investigation, and no later than 12 months from the filing of a complaint barring extenuating circumstances, the investigator(s) shall provide a written report that will be securely maintained in the Office of Human Rights and Conflict Management.  The report will include:

a. a finding on each allegation in the complaint;

b. sufficient detail to outline the rationale for the finding(s);

c. as appropriate, recommendations on actions or sanctions relating to the issues in the complaint or more general workplace or conflict resolution issues.

7.2 The complainant(s) and respondent(s) shall receive a written summary of the investigator’s report including the outcome of the investigation of the complaint and steps to be taken by the university arising from the complaint. Witnesses will not be identified to either the complainant(s) or respondent(s).

8.0 Action or Sanction

8.1 In the event the investigation finds the complaint (in whole or in part) is upheld, the university will undertake reasonable steps to address the complaint, which may include sanctions or discipline up to and including suspension or termination, expulsion, restricted access to university property/facilities or other appropriate actions.

8.2 The objective of any action or sanction is two-fold: (i) to prevent the continuation or repetition of the conduct; and (ii) to restore the complainant(s) to the position they would have been in had the harassment, discrimination or sexual misconduct not occurred. The interests of the university community will also be considered when contemplating appropriate sanctions.

8.3 All written records of the complaint, investigation and recommendations shall be confidentially retained in the OHRCM. Information will be included in an employment or official file only if there is a sanction or other disciplinary action. All sanctions or discipline against Employees represented by a union are subject to the applicable collective agreement processes.

9.0 Appeals

Appeal options under Policy 6.1 and these procedures vary depending on position held by the Members of the University Community affected by the decision or finding. Employees, including faculty, may consult with their unions, if applicable, to explore options under their collective agreement should they believe the investigation process to be flawed or tainted or if there is a misapplication of university policy. Employees not represented by a union may access the Issues Resolution Process as defined in their applicable employee handbooks. Students and all other Members of the University Community may pursue external remedies including through the Ontario Human Rights Tribunal or the Office of the Provincial Ombudsman.

10.0 Anonymous Complaints

Individuals who wish to inform the university of a concern or harm but wish to remain anonymous may do so using the Reporting Incidents to Support Equity (RISE) online form. This form allows members of the university community to informally disclose bias-related incidents (i.e., actions against someone based on an identity or protected ground). Disclosures made using the form do not constitute a formal report. Community members will be provided with a list of available resources, including the OHRCM where a formal report may be initiated under existing university processes. Data collected from the RISE form is used to create de-identified, aggregate-level summaries to highlight overall patterns and trends and guide the university in creating an inclusive campus culture.

11.0 General Provisions

11.1 Responsibility to respond: The university and its administrators or others with supervisory responsibility must respond promptly to alleged, known or apparent incidents of harassment, discrimination and sexual misconduct, whether or not a complaint has been filed.

11.2 Confidentiality: University managers, supervisors and staff as well as the complainant(s) and respondent(s) who, by virtue of their position, are privy to information or in possession of documentation pertaining to a complaint shall hold such information in confidence. Confidentiality shall not prevent the university from fulfilling its responsibilities under the Human Rights Code, Occupational Health and Safety Act, Bill 26 or other applicable legislation, or where there is a concern relating to the safety or security of individuals.

11.3 Academic Freedom: The university’s Prevention of Harassment, Discrimination and Sexual Misconduct Policy is not intended to inhibit academic freedom. All members of the university community are reminded that in exercising our freedoms, we all have a responsibility to respect the rights and freedoms of others, including the right to study and work in an environment which is free of harassment, discrimination, and sexual misconduct. Please see Laurier’s Freedom of Expression statement.

11.4 Timelines for filing Complaints: In the absence of exceptional circumstances, a complaints should be filed as quickly as possible. Failure to promptly report may negatively impact resolution or investigation efforts.

11.5 Frivolous or Vexatious Complaints: The university may take disciplinary action against those who make allegations of harassment, discrimination or sexual misconduct which are reckless, malicious, or not in good faith.

11.6 The university will maintain a centralized webpage available for the university community to access all the necessary information in alignment with this Policy and Procedure.

12.0 Annual Reporting Requirements

12.01 As required under the Minister of Colleges and Universities Anti-Racism/Anti-Hate Directive, 2024, the University shall report annually to the Board of Governors on the implementation and effectiveness of its anti-racism/ anti-hate policies and rules. The report must be made publicly available on a dedicated webpage and submitted to the Minister of Colleges and Universities by January 31st of each year. 

12.02 The report shall include the following information, excluding any personal information to protect the privacy of individuals:

a. The number, type and general description of complaints reported by Students and Employees

b. As applicable, the associated protected group under the OHRC (e.g., ethnicity, race, religion, sexual orientation) and the sub-category (e.g., anti-Black racism, anti-Indigenous racism, antisemitism, Islamophobia)

c. Outcomes of the complaints, including timelines, findings, disciplinary measures, and any involvement of law enforcement.

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