Procedures to Prevent and Address Discrimination and Harassment by or Against Students

Purpose

The purpose of this procedure is to establish a dispute resolution framework for the prevention and handling of Student-based alleged breaches of the Respectful Campus Policy ("the Policy"); ensuring Ontario Tech University ("the University") effectively addresses and responds to these Reports consistent with legislative obligations.

Definitions

For the purposes of this procedure the following definitions apply:

“Administrative Fairness” refers to the following set of principles used in the University’s Investigation and decision-making processes:

• The Complainant, if any, is given a full and fair opportunity to raise allegations and provide relevant and material evidence in support of those allegations;
• The Respondent knows what the allegations are, receives enough information to provide a meaningful response, and is given a full and fair opportunity to provide relevant and material evidence responding to the allegations;
• The complaint parties (the Complainant and Respondent) receive adequate notice of the nature of the proceedings and of the issue to be decided;
• The decision-maker is required to be impartial and free from bias;
• The decision maker is required to consider all relevant information and evidence before them, taking into consideration the circumstances of the particular matter, including its complexity and the requirements of fairness and due process;
• The decision-making processes run in a timely fashion;
• The complaint parties may have a support person during dispute resolution meetings; and
• The complaint parties are provided the reasons for the decision.

 “Balance of Probabilities” means an investigative standard that must be met to determine whether a violation of the Policy has occurred based on a finding that “it is more likely than not” that the offence at issue was committed by the Respondent.  This is a lower standard than beyond a reasonable doubt, but more than mere suspicion. 

“Complainant” refers to an individual who is alleged to have experienced Discrimination and/or Harassment.

“Day(s)” means all weekdays, excluding statutory holidays and University closure dates as indicated on the University website.

"Discrimination" is a distinction, without lawful justification, whether intentional or not, which has the effect of denying benefits to, or otherwise disadvantaging, an individual on the basis of a Protected Ground (defined below). Discrimination may involve direct actions that are discriminatory on their face, or it may involve rules, practices or procedures that appear neutral, but have the effect of disadvantaging one or more groups of people.

"Discriminatory Harassment" means engaging in a course of vexatious comment or conduct based on any Protected Ground, that is known or ought reasonably to be known to be unwelcome. Discriminatory Harassment may include, for example, taunting or mocking someone’s race, making, distributing or positing Hate, ridiculing an individual’s disability or targeting others with sexual, gender-based or homophobic slurs. While Discriminatory Harassment usually consists of repeated acts, a single serious incident that has a lasting harmful effect may also constitute Discriminatory Harassment.

“Disrespect” is behavior that falls short of Harassment, but nevertheless has harmful impacts on the campus environment, e.g. rude, inconsiderate and passive aggressive behavior. Disrespect, if left unaddressed, can escalate to Discrimination and/or Harassment.

“Extenuating Circumstances” means circumstances outside an individual’s control that result in delays in the dispute resolution processes described in this procedure. Extenuating circumstances include, but are not limited to, having multiple Complainants, Respondents, Reports or witnesses, difficulty in scheduling meetings or interviews, availability of resource persons or materials, time of year, involvement of law enforcement or existence of a judicial hearing, or other circumstances that may arise through the course of the dispute resolution activities.

“Harassment” for the purposes of this procedure Includes Discriminatory Harassment (with the exception of sexual harassment and sexual misconduct, which are addressed under the University’s Student Sexual Violence Policy and Procedure), Hate and Reprisal.

"Hate" for the purposes of this procedure, is a form of Discriminatory Harassment and refers to:

• a criminal offense committed against a person or property that is motivated in any part by bias, prejudice or hate based on race, national or ethnic origin, language, colour, religion, sex, age, mental or physical disability, sexual orientation, or any other similar factor;
• any communication used by a person or group that advocates or willfully promotes hatred based on colour, nationality or ethnic origin, race, religion and/or sexual orientation; hatred against any identifiable group, or the incitement of hatred against any identifiable group where such incitement is likely to lead to a breach of the peace and includes advocating genocide; and public communication that willfully promotes Antisemitism by denying, condoning, or downplaying the Holocaust; and/or,
• publishing or displaying or causing the publication or display before the public of any notice, sign, symbol, emblem or other similar representation that indicates the intention of the person to Discriminate or that is intended to incite others to Discriminate.

“Interim Measures” mean temporary measures designed to prevent additional breaches of the Policy and/or to protect the safety of the Complainant or others. Interim Measures may be instituted at any point following a Report and prior to a determination being made. Interim Measures take into consideration the severity of the allegations and the varying risks associated with the potential for subsequent Policy breaches. Examples of Interim Measures include, but are not limited to, a no-contact order, trespass or restricted access order, suspension, exclusion from athletic or other extra-curricular activities, limiting access to services or facilities, or other safety measures.

“Investigation” refers to a review by the University into alleged Discrimination and/or Harassment.

“Investigator” refers to an individual assigned under the Policy to complete an Investigation, and who has the required training and experience to conduct a fair and objective Investigation. 

 “Mediation” is a structured process during which parties in dispute are assisted by a third-party to discuss a dispute and attempt to arrive at a mutually agreeable resolution. Mediation is a voluntary process and can only proceed if all parties involved agree to participate.

“Microaggression” means a comment or action that negatively targets a group based on a Protected Ground (e.g. a racist, sexist or homophobic comment). Microaggressions may be intentional or accidental but are nonetheless harmful and stigmatizing to a certain group of people. If allowed to go unchallenged, Microaggressions may escalate to Discrimination and/or Harassment.

"Person(s) of Authority" includes any person who has charge of a workplace, authority over another Employee or authority in the administration of education.  Anyone who supervises an Employee at Ontario Tech University is a Person of Authority. For the purposes of this procedure, Faculty members, and Faculty leadership (e.g. Deans, Associates Deans, etc.) are also considered Persons of Authority vis-à-vis their relationship to Students.

“Poisoned Environment” is a form of indirect Discriminatory Harassment. It occurs when comments or conduct (including comments or conduct that are condoned or allowed to continue when brought to the attention of a Person of Authority) ridicule or demean a person or group based upon a Protected Ground. The comments or conduct need not be directed at a specific person, and may be from any person, regardless of position or status.

"Protected Ground(s)" are the Grounds contained in the Ontario Human Rights Code under which individuals are protected against Discrimination and Harassment.  Students are protected under the following Grounds: “race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sex, sexual orientation, gender identity, gender expression, age, marital status, family status and disability.”

"Racism" means an abuse of power and privilege based on an ideology of superiority/inferiority between a dominant race over a non-dominant or marginalized population. It marks one set of people as ‘other’ and ‘different’ and another set of people as ‘normal’ or ‘better’.

"Report" refers to information about alleged Discrimination and/or Harassment that is reported by or against a Student.

“Reprisal” is a form of Harassment that includes retaliation, coercion, dismissal, threats or intimidation of anyone who in good faith: raises complaints or concerns, exercises their rights, or participates in a remedial process under the Policy.

“Respect” is a standard of interpersonal communication and behaviour characterized by self-restraint and consideration for others.

“Respondent” refers to anyone who is alleged to have engaged in Discrimination and/or Harassment.

“Support Services” means services administered by a trained and registered mental health counsellor in Student Mental Health Services assigned responsibility for providing support for Students who have experienced, are accused of or have witnessed a breach of the Policy.

“University Member” means any individual who:

• is employed by the University or holds an appointment with the University, including paid, unpaid and/or honorific appointments (“Employee”);
• is registered as a student, in accordance with the academic regulations of the University ("Student"); and/or
• Is otherwise subject to University policies by virtue of the requirements of a specific policy (e.g. Booking and Use of University Space) and/or the terms of an agreement or contract and includes visitors and guest speakers.

Scope and authority

The General Counsel is the Policy Owner. The Policy Owner is responsible for overseeing the implementation, administration, interpretation and application of this procedure.

This Procedure applies to Reports made by or against Students. Reports with respect to incidents that have occurred on, or off campus will be handled as described below:

1. On-Campus – The scope includes incidents of Discrimination and Harassment where the Respondent is a University Member and the incident takes place on University space or using University-owned property or equipment, including, but not limited to, telephones, computers, and online media including websites, email, social media accounts, online learning tools and applications provided, managed or self-identified as belonging to the University. This includes the University’s website, branded Twitter, and Facebook Live events, as well as online learning and collaboration tools such as Google Apps for education.
2. Off-Campus – The scope includes incidents of Discrimination and Harassment that occur off-campus where the Respondent is a University Member and:
   • The incident occurred during any organized University class or extra-curricular activity, including Varsity Athletics and experiential learning opportunities such as co-op, practicum or during research endeavors; 
   • The incident occurred during an official University event; or 
   • In exceptional circumstances, when an incident occurring off-campus or online are likely to have an impact on the working, living and/or learning environment at the University, or could reasonably be seen to endanger or adversely affect the health and safety of University Members.

This procedure necessarily overlaps with other University procedures that are concerned with preventing and addressing incidents of Discrimination and Harassment.  The University will administer the overlap according to the following principles:

1. Reports brought forward by a Student involving a Respondent who was, at the time of the incident(s), acting in the capacity of an Employee, including a Respondent who was a Student acting in the capacity as an Employee (e.g., Teaching Assistants), will proceed under this procedure in conjunction with the Employee procedure.
2. Reports brought forward by an Employee involving a Student who is accused of a breach of the Policy will also proceed under this procedure in conjunction with the Employee procedure.
3. Allegations of student sexual violence, including alleged incidents of sexual harassment involving a Student, will be handled in the manner prescribed under the Student Sexual Violence Policy and Procedures.
4. Students who wish to challenge a grade because of alleged Discrimination or Harassment are expected to make use of the grade appeal and reappraisal procedures as a first step. At the conclusion of the grade appeal and/or reappraisal processes, the Student may elect to file a Report under this procedure if they remain dissatisfied. In such instances, the Human Rights office will review the information and evidence gathered during the grade appeal and/or reappraisal processes to determine whether any outstanding allegations warrant further action under this procedure.
5. Where an individual, other than a University Member, is alleged to have engaged in a breach of the Policy against a Student, the Office of Campus Safety will consult with University Members at risk, and other University Members if necessary, to determine and implement reasonable measures to protect the health and safety of its Students.  Because the University does not have the jurisdiction to compel statements from members of the general public, or to impose sanctions upon them, it will not normally conduct a formal Investigation in such cases.

This procedure is a mechanism for alternative dispute resolution. It does not prevent Students from pursuing resolutions or to seek external review of University decisions through external resources and processes, including, but not limited to, those offered by the Human Rights Legal Support Centre, the Human Rights Tribunal of Ontario, and the Ontario Ombudsman’s Office. However, the Human Rights office may not accept a complaint or may halt dispute resolution processes under this procedure if a Complainant decides to pursue external processes on the same or similar matter.

Proceedings under this procedure may be carried out prior to, simultaneously with, or following other off-campus proceedings, including civil or criminal proceedings, at the discretion of the Human Rights office. In cases where the Human Rights office determines that processing an allegation under this procedure might prejudice another internal or external process, they may suspend these proceedings indefinitely or pause an Investigation pending the outcome of these other proceedings. If an Investigation is paused or suspended, Interim Measures may be used to ensure the safety of all University Members.

Notice: All notifications required under this Procedure will be delivered by email to an ontariotechu.net or ontariotechu.ca account, as applicable.

1. Emails will be deemed received by a Student one (1) Day after they are sent. All Students are required to monitor their ontariotechu.net accounts regularly, including during examination periods. 
2. A Student’s failure to monitor their email account will not give rise to any right of appeal under this Investigation Procedure.

 

Procedure

This procedure assumes that a centralized process is necessary to ensure uniformity and fairness in dealing with alleged violations of the Policy involving Students. It is intended to provide a framework that protects confidentiality and ensures that, as far as possible, the initiation and pursuit of a Report will not be an intimidating experience. Accordingly, the emphasis is on voluntary resolution, using facilitation and negotiation, save where the nature of the matter necessitates a more formal resolution process. The University intends that the existence of this document should help create an environment that nurtures and supports the work of all University Members.

Confidentiality: All records will be maintained in a confidential file, including all related communications, memoranda, Reports, statements and evidence.  Reasonable steps will be taken to protect against unauthorized access to such documents. These records will be retained, and disposed of, in accordance with the Freedom of Information and Protection of Privacy Act and the University’s Records Management Policy. Complaint information and evidentiary details will be kept confidential, except under the following circumstances:

• The Complainant chooses to proceed with a Report, in which case information will be shared only to the extent necessary to achieve Administrative Fairness, and as otherwise required by law;
• information is received suggesting there is a clear risk of harm, including self-harm, to the Student or other individuals;
• reporting is required by law (e., the suspected abuse or neglect of someone under 16 years of age, which will be reported to the Children’s Aid Society, or reporting is required under the Occupational Health and Safety Act or by a regulatory body); and
• information is required for a police investigation, or for litigation purposes.

Right to a Support Person(s).  Complainants and Respondents who attend an interview or meeting under this procedure may be accompanied by a support person or legal representative. The role of a support person is to provide moral support.  Individuals who choose to attend an interview with a support person must choose a support person who is not otherwise connected to the matter under Investigation (i.e. a witness or fellow Complainant) and will notify the Human Rights office of their support person’s name at least 24 hours prior to the meeting. During an investigative interview, a support person will not be permitted to make legal submissions or arguments on behalf of the individual, or to disrupt the interview. In any event, individuals who are being interviewed must answer the interview questions themselves.

Reprisal: Any Reprisal, or expressed or implied threat of Reprisal, for making and pursuing a Report under this procedure is itself considered a breach of the corresponding Policy. Any individual experiencing Reprisal may file a Report, and that Report will be processed under this procedure.

Right to a Support Person.  Complainants and Respondents who attend an interview or meeting under this procedure may be accompanied by a support person or legal representative. The role of a support person is to provide moral support.  Individuals who choose to attend an interview with a support person must choose a support person who is not otherwise connected to the matter under Investigation (individuals connected to the matter include, for example, a witness or fellow Complainant) and will notify the Human Rights office of their support person’s name at least two (2) Days prior to the meeting. During an investigative interview, a support person will not be permitted to make legal submissions or arguments on behalf of the individual, or to disrupt the interview. In any event, individuals who are being interviewed must answer the interview questions themselves.

Safety is Paramount: The University has an overriding obligation to protect the safety of all University Members. When a University Member is at risk of imminent harm, the Human Rights office reserves the right to respond appropriately, independent of a Complainant's and/or Respondent's course of action under this procedure.

Support Services: The Office of the Deputy Provost has appropriate mental health support services for Students who experience Discrimination and Harassment or to assist Students who are involved in dispute resolution processes described in this procedure.

Timeliness: All efforts will be made to ensure that proceedings are handled in an expeditious manner. Timeframes, where specified, may be subject to an extension because of Extenuating Circumstances. 

PREVENTATIVE MEASURES

Range of Dispute Resolution Options: Several options to resolve human rights concerns are available for Complainants and Respondents. Voluntary and participatory approaches can foster prompt resolution and prevent escalation; particularly when concerns are raised expeditiously. These are opportunities for parties to resolve a dispute, ensure the campus is free from Discrimination and Harassment and address broader issues that caused or contributed to the dispute.

Talk to the person about their behaviour: Where appropriate, Complainants are expected to make good faith efforts to attempt to resolve matters themselves before filing a Report. If a person feels they are experiencing a breach of the Policy, they should immediately make it known to the person responsible that the conduct is unwelcome or offensive. It is important that this message be clear and unambiguous. When presented with a legitimate concern, University Members are expected to make reasonable adjustments to their behaviour to resolve the matter. If addressing the person responsible could lead to safety risks, or is not appropriate, Complainants may pursue other resolution options outlined in this procedure.

Addressing Disrespct and/or Microaggressions: incidents of alleged disrespect, including microaggressions, may be raised to a Person of Authority if attempts to resolve the behaviour directly with the individual are not successful.

Consultation: Students may benefit from having expert information and guidance before deciding how to proceed with a human rights concern. Students can confidentially consult a representative of the Human Rights Office for more information about Human Rights and dispute resolution options. Consultations are confidential and can provide information, coaching, and referrals to assist Students.

REPORTING

The Reporting Process

Incidents of  Discrimination and/or Harassment should be promptly reported to a Person of Authority and/or the Human Rights Office, and no later than one (1) year after the last  alleged  Discrimination or Harassment.

Step 1 – Submitting a Report

1. A Report and the corresponding reporting process is initiated when an individual completes the Report form. At a minimum, the Report should include the identification of the individual the Report is about, the issue type and grounds for the complaint, and details about each alleged incident, including dates/times, where the incident(s) occurred, who was involved or present, and what specifically happened.
2. The University may initiate an Investigation under these procedures without a Report if the situation represents an immediate risk of harm to an individual or individuals or there is evidence to suggest the existence of alleged systemic issues.
3. Students may also Report anonymously (alternatively), but in doing so, may limit their access to the full breadth of options outlined in the Policy and this procedure.

Step 2 – Assessment

4. The Human Rights Office will review the Report and any associated information/documentation to determine if the conduct alleged in the Report would amount to Discrimination and/or Harassment. This determination will be based on an assumption that all the alleged facts were true.
5. If the allegations set out in the Report would not, if true, amount to Discrimination or Harassment, the Human Rights office will respond to the individual submitting the Report in writing, usually within 30 days, advising that the Report has been reviewed, and that the information provided does not support an allegation of Discrimination or Harassment. If there is another process or resource at the University that would be more appropriate for the subject matter of the Report, the individual will be advised of this alternative process.
6. Complaints that even if true do not describe Discrimination and/or Harassment, but nevertheless describe behaviours that are Disrespectful may be referred to an applicable Person of Authority for appropriate follow-up or may be eligible for the voluntary resolution options described in this procedure at the discretion of the Human Rights office.
7. If the information provided would, assuming the alleged facts were true, support a finding that Discrimination or Harassment occurred, the following dispute resolution options will be considered.

Step 3 - Interim Measures

8. Upon accepting a Report, the University will immediately determine whether Interim Measures are necessary, considering the severity of the allegations, and the potential risks to University Members. Interim Measures will be implemented where reasonable and appropriate in the circumstances.  Person(s) of Authority, the Complainant, Respondent, the Office of Campus Safety or any other relevant stakeholder, may be consulted on a confidential basis, to determine appropriate Interim Measures.

Step 4 - Voluntary Resolution

9. A Complainant may choose to pursue a voluntary resolution at any time. A voluntary resolution process, such as Mediation, can be pursued if the Complainant and Respondent consent to such a process and to its format.
10. Examples of voluntary resolution processes may include: communicating to a Respondent that the behaviour is unwelcome and must stop; meeting with a Person of Authority to discuss the ways in which future occurrences of the Reported incident can be prevented; training or education for individuals and groups; and Mediation or other alternative dispute resolution processes.
11. If the Complainant is satisfied by the actions taken through the voluntary resolution process, the Human Rights office will prepare a written summary of the resolution and the Complainant will confirm acceptance in writing. If accepted, the Report will be deemed resolved. Where those involved in the voluntary resolution process reach an agreed resolution, that resolution will become binding.
12. Every effort will be made to complete voluntary resolution activities in thirty (30) days.

Step 5 – Investigation

13. An Investigation will be conducted if voluntary resolution options are not appropriate in the circumstances or at the request of the Complainant if voluntary resolutions were not successful in resolving the dispute. Every effort will be made to conclude an Investigation within ninety (90) days following the receipt of a Report or following the conclusion of voluntary resolution activities.
14. The purpose of an Investigation is to: gather evidence and witness statements; weigh the evidence; make findings of fact based on the evidence; and produce an Investigation report. In an Investigation under this procedure, the Investigator must make a determination having weighed the evidence on a Balance of Probabilities that either: (1) a Policy breach occurred; or (2) a Policy breach did not occur.
15. The Human Rights office will ensure an Investigation process that is appropriate in the circumstances and that follows Administrative Fairness principles.
16. The Investigator will commence the Investigation by advising the Respondent in writing that a Report has been received and that they are the subject of an Investigation. The notice will at minimum: (i) advise that an Investigation is being initiated, (ii) contain a brief summary of the allegations, and (iii) indicate they will be contacted by the Investigator for a meeting in due course. The notice will also provide contact information for Support Services and will indicate that the Respondent has the right to be supported and accompanied by their legal counsel or other support person.
17. At any point during the Investigation, the Investigator may set meetings with any individual to obtain further information. The Investigator also has access to any document or piece of evidence they deem necessary to complete a thorough Investigation. University Members, therefore, are required to cooperate with Investigations commenced under this procedure.
18. At a minimum, the Investigator will make reasonable attempts to meet with the Complainant and Respondent and provide them with the opportunity to submit written or other documentary evidence relevant to the case.
19. During the Investigation, the Investigator will periodically keep the Complainant and Respondent apprised of the status of the Investigation.
20. Based on all available evidence, the Investigator will determine whether there has been a violation of Policy, weighing the evidence on a Balance of Probabilities. The Investigator's determination will be reported in an investigation report. The Complainant and Respondent will receive a copy of a report summarizing the Investigation findings.
    
    Step 6 - Determination & Corrective Action
    
21. The Human Rights Office will ensure that the results of the Investigation are brought to the attention of, and reviewed by, the appropriate Person(s) of Authority.
22. If the Investigation found a breach of policy, the Investigator will make recommendations to adequately resolve the inappropriate behavior.
23. The Human Rights Office will also review the results of the investigation report for signs of systemic issues that may have contributed to the complaint and may make recommendations to the Person(s) of Authority to explore voluntary resolution options for individuals who continue to experience conflict and/or address signs of systemic issues regardless of whether a breach of Policy was found.
24. The Provost’s office will be responsible for implementing the Investigator’s recommendations. Where the Investigation report identifies that a Student has breached the Policy, decisions on appropriate disciplinary sanctions will be made by the Provost’s office pursuant to the Student Conduct Policy. Refer to the Student Conduct Policy for more information about the decision-making process and for details about the review and/or appeal mechanisms that are available to Students.

Monitoring and review

This procedure will be reviewed as necessary and at least every three years. The General Counsel, or successor thereof, is responsible to monitor and review this procedure.

Relevant legislation

Accessibility for Ontarians with Disabilities Act, 2005, S.O. 2005

Ministry of Training, Colleges and Universities Act, R.S.O. 1990, c. M.19

Ontario Human Rights Code, R.S.O. 1990, c. H.19

Related policies, procedures & documents

Respectful Campus [Policy]

Accommodation [Policy]

Academic Accommodations for Students with Disabilities [Procedures]

Anti-Hate/Anti-Racism [Guidelines]

Fair Processes [Policy]

Freedom of Expression [Policy]

Student Conduct [Policy]

Student Sexual Violence [Policy and Procedures]