Respectful Workplace, Anti-Discrimination and Anti-Harassment Policy

Policy Number: CS-1317-2012

Policy Title: Respectful Workplace, Anti-Discrimination and Anti-Harassment Policy

Policy Owner: Chief Human Resources Officer (CHRO)

Effective Date: February 1, 2012

Last Revised: December 5, 2025

1. Purpose

Mohawk College (the “college”) is committed to ensuring a safe working and learning environment that recognizes the dignity and worth of all employees and students. The college community recognizes that education is a colonized system. All interactions, practices, and processes are conducted to ensure respect and inclusivity. The college is actively working to recognize and eliminate all forms of discrimination and system barriers. Every effort is made to preserve the sense of dignity and belonging of all diverse college community members, knowing that this is integral to the college’s collective work experience and well-being.

The college’s commitment to a respectful environment is for a lasting, meaningful impact. As highlighted in the Strategic Plan prioritizing respect, equity, accessibility and inclusion enables the college community to directly address societal inequalities and nurture a healthier learning community. The Respectful Workplace, Anti-Discrimination and Anti-Harassment Policy (the “Policy”) is consistent with the Ontario Human Rights Code (the “Code”) and the Occupational Health & Safety Act (“OHSA”) and should be read in conjunction with applicable collective agreement and Administrative Terms and Conditions provisions. This Policy also complies with the Strengthening Accountability and Student Supports Act, 2024. This Act includes the Ontario Minister’s Anti-Racism/Anti-Hate Directive.

The purpose of this Policy is to:

Develop and maintain a work and learning culture that is grounded in equity and inclusion which does not tolerate any forms of discrimination and/or harassment;
Communicate employees’ rights, responsibilities and types of conduct that are covered by the Policy;
Provide supportive resources, including training and coaching, to foster a respectful work and learning environment, and
Outline the Discrimination and Harassment Complaints Procedure (”Appendix C”) for responding to allegations of discrimination and harassment. The Procedure aims to provide people with multiple options for resolving discrimination and harassment concerns, including a complaint and investigation process and alternative resolution options.

College community members are personally responsible for their behaviour and conduct at all times. The college equally expects every college community member to conduct themselves, whether in person or online, in a way which supports the college’s commitment to a safe and respectful working and learning environment.

2. Application and Scope

College community members are responsible for maintaining a discrimination-free and harassment-free environment. This Policy covers all employees and volunteers regardless of their work arrangement, as it relates to their treatment of others.

Under this Policy, all students are also prohibited from discriminating against and/or harassing any members of the college community. Students at the college are governed by the Student Human Rights Policy, however, in circumstances where students have a dual role as an employee and a student (e.g., Campus Student Employment Program students, co-op students, interns and placement students), the student employee is governed by this Policy and the Student Human Rights Policy. The student will adhere to the Policy according to the circumstances of their role.

This Policy applies to all discrimination and harassment occurring on campus; off campus at college related events; in the course of work assignments or placements off campus; and, during work-related travel. It applies to harassment by employees who communicate harm indirectly and/or directly by means of computers, mobile phones and other electronic devices. This includes social media websites, apps, emails, texts and voice messages during and outside business hours. It may also apply if discrimination and/or harassment occurs outside the workplace but has a direct link to, or an adverse effect on, employee relationships in the workplace.

All matters related to workplace violence or college risk assessment is addressed in the Violence Prevention and Protection Policy.

3. College Commitments

The college is committed to ensuring that:

Discrimination and harassment at the college is not tolerated;
The college treats all allegations and complaints of discrimination or harassment seriously, whether they are made informally or formally. The college will act on all allegations and complaints in accordance with the Appendix C, to ensure fair resolution;
Employees who are found to have discriminated or harassed against another individual, or who have created a poisoned environment may be subject to disciplinary action up to and including termination. The college particularly holds its leadership accountable for maintaining a respectful and inclusive workplace environment;
Employees who do not take appropriate action to end discrimination or harassment (including the responsibilities included in Section 7), or who interfere with investigations into allegations of discrimination or harassment will be subject to disciplinary action up to and including termination. This includes any employee who:

Fails to take reasonable steps to stop discrimination or harassment that they have directly witnessed, and/or fails to report such incidents to a manager or Human Resources (HR);
Interferes with the resolution of a discrimination or harassment complaint;
Retaliates against an individual for making a discrimination or harassment complaint or participating in the complaint resolution process;
Breaches the confidentiality of a discrimination or harassment inquiry or investigation, or
Employees who make a dishonest complaint or in bad faith, may be subject to discipline up to, and including termination.

Students who are found to have harassed or discriminated against an employee or volunteer, or who have created a poisoned environment for an employee or volunteer, are subject to disciplinary action up to and including expulsion according to the Student Human Rights Policy;
Any employee is free to pursue discrimination or harassment complaints at the Human Rights Tribunal of Ontario at any time. Employees may also seek guidance through their respective collective agreement, or Terms and Conditions of Employment for Administrative Employees;
To protect the integrity of the process for resolving complaints and to ensure fairness for all participants, all parties to a discrimination or harassment complaint are expected to respect the privacy and confidentiality of all other parties involved and to limit the discussion of a discrimination or harassment complaint to those that need to know;
Confidentiality is maintained in its handling of any incident or complaint of discrimination or harassment. Information obtained about an incident or complaint of discrimination or harassment, including identifying information about any individuals involved will not be disclosed. Disclosure will only happen if it is necessary for the purposes of investigating or taking corrective action with respect to the incident or complaint, or is otherwise required by law;
Measures taken following an investigation are intended to be corrective and preventative in nature, and
In alignment with trauma-informed principles, post-investigation actions are designed to heal, restore, and proactively safeguard against future incidents. These measures prioritize the well-being of affected individuals while addressing systemic issues to promote a more lasting resilient and supportive community.

4. Definitions

See Appendix A – Policy Definitions

5. Principles

At Mohawk College, our values guide our actions and decisions, define our culture of innovation, and emphasize our focus on students, employees and the community. Our values are found on the Mohawk College Mission, Vision and Values webpage.

6. Accountability and Compliance

6.1 Accountability Framework

As this Policy impacts our college employees, it underwent consultation with various key college members before being approved by the Senior Leadership Team.

6.2 Compliance

The Chief Human Resources Officer (CHRO) is responsible for monitoring the effectiveness of this Policy and all appendices.

The CHRO will ensure that employees are provided with appropriate information and instruction on the content of this Policy and all appendices.

7. Roles and Responsibilities

7.1 The college is responsible for:

Taking reasonable, preventative measures to protect employees and others in the workplace, from workplace discrimination and harassment;
Ensuring that all employees are trained in this Policy;
Posting this Policy in a visible place in the workplace;
Ensuring that this Policy is communicated to contractors and other persons who attend workplaces;
Establishing a process for reporting and responding to incidents of workplace discrimination and harassment;
Ensuring the process for reporting and responding to incidents of workplace discrimination and harassment is communicated, maintained and followed, and
Ensuring that this Policy is reviewed at least annually.

7.2 All Employees are responsible for:

Always complying with this Policy and refraining from engaging in any behaviour that constitutes workplace discrimination and harassment;
Treating others with respect in the workplace and working together in a professional and respectful manner regardless of if in person or online;
Reporting discrimination and harassment to the immediate manager (or the manager’s supervisor if the immediate manager is the person being complained about) or HR in accordance with Appendix C;
Cooperating and participating with a discrimination or harassment inquiry or investigation in good faith with the genuine intention to be fair;
Respecting the privacy of others involved and the confidentiality related to the inquiry or investigation process, and
Attending training and information sessions provided by and/or required by the college to reduce incidents of discrimination and harassment.

7.3 All Employees can expect:

A discrimination and harassment free workplace;
That reported discrimination and harassment will be addressed in a confidential, timely and effective manner;
If allegations are substantiated, that appropriate action will be taken in a timely manner;
To be treated in accordance with this Policy and Appendix C, and
To be protected from retaliation for reporting discrimination and harassment, for participating in an inquiry or investigation.

7.4 Managers are responsible for:

Ensuring that no employees are subjected to discrimination or harassment in the workplace;
Fostering a discrimination-free and harassment-free work environment and setting an example for appropriate workplace behaviour;
Explaining, discussing and reviewing this Policy with employees they supervise or lead;
Adequately training employees on the Policy, ensuring they are familiar with their roles and responsibilities in preventing discrimination and harassment;
Adequately training employees on the process for reporting concerns, as well as the Procedures for investigation and following up on such incidents;
Encouraging employees to report complaints or incidents of workplace discrimination and harassment;
Dealing with discrimination and harassment situations immediately and with sensitivity upon becoming aware of them, regardless if a discrimination or harassment complaint has been made;
Dealing with situations of cyberbullying immediately and with sensitivity upon becoming aware of them, regardless, if a cyberbullying complaint has been made;
Responding to all complaints or incidents of workplace discrimination, and harassment in a professional manner appropriate in the circumstances;
Promptly reporting all complaints or incidents of workplace discrimination and harassment in a professional manner appropriate in the circumstances;
Taking appropriate action during a discrimination or harassment inquiry or investigation. Though the parties are expected to cooperate with the investigation, if they do not, the manager is still responsible for completing the resolution process to the extent possible, and
Ensuring the entire discrimination or harassment resolution process is dealt with in a sensitive and confidential manner in accordance with this Policy and Appendix C.

8. Policy Revision

As required by the OHSA, the college will review this Policy at least annually and will post the Policy in a visible location in the workplace. The Joint Health and Safety Committee (JHSC) and other key college members will also review this Policy and provide recommendations that will aim to enhance its content.

8.1 Revision Date

December 2026

8.2 Responsibility

The CHRO will review this Policy, and all appendices will be reviewed at least annually.

The CHRO will do so in consultation with the college’s JHSC for those provisions relating to the OHSA.

9. Attachments

Appendix A – Policy Definitions

Appendix B – Acronyms and Short Forms

Appendix C - Discrimination & Harassment Complaints Procedure

Appendix D – Complaint Intake Form

10. Acronyms and Short Forms

See Appendix B – Acronyms and Short forms

11. Specific Links

Additional Links:

Mitratech Ethics Hotline (Anonymous reporting purposes)

Appendix C - Discrimination and Harassment Complaints Procedure

1. Overview

The Chief Human Resources Officer (CHRO) is responsible for providing support and subject matter expertise related to the Respectful Workplace Anti-Discrimination and Anti-Harassment Policy (the Policy).

Employees can reach out to their Human Resources Strategic Partner (HRSP) or their designated representative for confidential guidance on addressing discrimination and harassment concerns, or for assistance with the complaint process. To determine who your HRSP is, contact 905-575-2047 or by email at askhr [at] mohawkcollege.ca (askhr[at]mohawkcollege[dot]ca).

This Procedure supports the college’s Respectful Workplace, Anti-Discrimination and Anti-Harassment Policy. It details the steps and options available when discrimination or harassment concerns arise. It provides a clear outline for addressing incidents and formal complaints, ensuring a consistent and fair approach across the college.

For sexual harassment and assault concerns, please refer to the Sexual Assault and Sexualized Violence Policy.

For workplace violence concerns, please refer to the Violence Prevention and Protection Policy.

2. Complaints

In relation to this policy, a complaint is any concern, issue or allegation related to discrimination or harassment raised by one or more individuals. Complaints may be brought forward to Human Resources (HR), a manager, or another appropriate party through conversation or in writing. Individuals also have the option of submitting a complaint anonymously through the current mechanism for anonymous reporting. The Mitratech Ethics Hotline is a third-party service that provides an anonymous avenue for submitting complaints. Complaints can be submitted through the Whistle Blowing report channel linked here. Complaints are important avenues for individuals to raise concerns, seek resolution, support, and guidance in a respectful and constructive manner.

The college will conduct an investigation into incidents and complaints of workplace harassment that is appropriate in the circumstances , even in the absence of a complaint from an employee or other individuals. All parties are expected to cooperate fully and in good faith in the investigation process.

Nothing in this Policy prevents or discourages an employee from filing an application with the Human Rights Tribunal of Ontario where the course of conduct or comment is linked with a prohibited ground under the Ontario Human Rights Code (the Code) . An employee also retains the right to exercise any other legal avenues that may be available, including filing a grievance if the employee is a member of a bargaining unit.

3. Types of Resolutions

a. Informal Resolution

When lead by HR, an informal resolution refers to resolving a concern or complaint through non-formal means. This process does not involve a formal investigation or official findings. Instead, it focuses on mutually agreeable solutions, restoring working relationships, and addressing concerns in a collaborative and flexible manner. Informal resolution is voluntary and relies on the willingness of all parties to participate. The primary goal is to resolve the issue quickly and discreetly, often through conversation or facilitated discussion. For more information about informal resolutions please see section 6c.

If you prefer not to have HR intervention, and feel safe to do so, you have the right to communicate directly to the Respondent - either verbally or in writing - that their behaviour is unwelcome and must stop. In many cases, when the Respondent is aware that their conduct will not be tolerated, they stop, and the conflict is resolved. Bystanders are also encouraged to speak up and ask a Respondent to stop if they feel safe to do so.

Statements that could potentially stop the behaviour include:

I don't want you to do or say that;
Please stop doing or saying that;
It makes me uncomfortable when you do or say that, or
I don't find it funny when you do or say that.

b. Formal Resolution

A formal resolution involves a thorough investigation process, findings, and official decisions or actions taken by the college to address the complaint. All parties must fully cooperate with any investigation. The process and outcome are documented, and the resolution is communicated to the relevant parties in accordance with college policies and procedures. A range of remedial/corrective actions may be considered including training, and/or disciplinary measures such as reprimand, suspension or dismissal.

For more information about formal resolutions please see section 6d.

4. Expectations of a Complainant

a. Who is expected to submit a complaint?

All members of the college community are expected to report incidents of workplace harassment and/or submit a complaint under the Policy. Any member of the college community can report incidents and/or submit a complaint, including those who:

Feel that their rights under the Policy have been violated;
Witness discrimination or harassment of a member of the college community;
Reasonably suspects that a member of the college community is being or has been harassed or discriminated against, or
Believe that addressing the issue directly with the Respondent is not possible or proves ineffective.

b. What if I witness or suspect a member of the college community is being discriminated against, or harassed?

What do I do if I am being discriminated against or harassed?

Discrimination and harassment negatively affect everyone; therefore, you are strongly encouraged to submit a complaint, pursuant to the procedure set out in section 6c.

c. To whom should I submit a complaint?

If you are an employee, volunteer, or visitor to campus submitting a complaint against another employee, contact your manager and/or HRSP who may also contact the Student Rights and Responsibilities Office (SRRO).

If you are a student submitting a complaint against an employee, contact the SRRO, who will also contact your HRSP.

If you are an employee, volunteer, or visitor to campus submitting a complaint against a student, contact your manager and/or HRSP, who will also contact the SRRO.

If you are a contractor submitting a complaint, contact the HR department who will also contact the SRRO.

If the Respondent is your manager or supervisor, contact the HRSP or designated representative.

If the person that you are directed to contact is the Respondent, contact that individual’s manager instead.

If a complaint is regarding the conduct of a senior management member, submit the complaint to the HR department.

If the Complainant is uncomfortable submitting the complaint internally, they have the option to submit their concern through ClearView Connects or the current mechanism for anonymous reporting.

If the Complainant feels their complaint has not been addressed, they have the option to pursue their compliant under the Occupational Health and Safey Act by contacting the Ministry of Labour, Training and Skills Development (workplace harassment) or the Human Rights Tribunal (for complaints based on the protected grounds) as appropriate.

d. What happens after I submit a complaint, and the allegations constitute a breach of this policy?

See Section 6d for the Investigation process.

e. What is the timeframe for making a complaint?

It is important that complaints are made as soon as possible so that the problem does not escalate or happen again. The longer the period of time between an incident and submitting a complaint, the greater the chance that:

Witnesses may be unavailable;
Witnesses will not recall the events, and/or
The Respondent can assert that the delay has hindered their ability to adequately respond to the complaint.

A complaint must be submitted within one year from the date of the incident. This time limit may be extended at the college’s discretion.

f. Should I document the conduct?

If you experienced or witnessed behaviour that violates the Policy, please document the incident as soon as possible. In your notes or recording, try to answer the following questions:

Who is the person experiencing the offense?
When did it happen, i.e., time and date?
Who is responsible for the offensive behaviour, i.e. the Respondent?
Were there any Witnesses? If so, who?
What was said and done by the Respondent?
How did the Complainant (the person who experienced the offense) respond to the person who committed the offense?
If applicable, what was the Witness's response to the Respondent?
What was the Respondent’s response?
What were the attempts to resolve the situation?
How did the situation impact you, i.e. mentally, physically, psychologically, etc.?
Did you tell anyone about the experience or situation? If yes, who and when?

Documenting the incident promptly allows you to remember as many details about the situation as possible. This will help you when you later report the incident.

Know that there are support services available through the college and the community. For example, counselling support for employees may be accessed through the Employee and Family Assistance Program (EFAP). Speak to your HRSP or SRRO for more information.

g. Do I need to continue dealing with the Respondent during the investigation or assessment phase?

The college may implement interim or temporary measures based on the nature of the complaint and any concerns about safety and wellbeing. Measures may include:

Separating the parties;
No contact between the parties;
Modifying reporting relationships, and/or
Modifying job duties.

h. Can someone accompany me to meetings that are related to the complaint process?

Complainants, Respondents and Witnesses have the right to have a support person attend meetings with them. For unionized employees, this could include a union representative. The support person’s role is to provide moral support and not to advocate or interfere during meetings. All support persons are expected to maintain confidentiality in respect of the complaint and the investigation.

The Investigator has the right to assess the appropriateness of the chosen support person to protect the integrity of the investigation. If the Investigator finds that the chosen support person poses a conflict of interest or could compromise the integrity of the investigation, they have the authority to request that a different support person be selected.

External legal counsel is not permitted to participate in an investigation or informal resolution process.

i. Can I submit an anonymous complaint?

The college provides a mechanism for anonymous reporting of policy violations. While the college may not be able to investigate anonymous complaints fully, this information will be used to improve campus culture. If you choose to make an anonymous complaint, you may access the ClearView Connects hyperlink.

5. Expectations of Respondents

a. What if someone accuses me or makes a complaint against me?

If someone directly asks you to stop behaviour, they find discriminatory, or expresses that they feel harassed by you, take a moment to listen attentively and think before responding. You may choose to tell the individual that you need some time to reflect on their concerns and will respond within a reasonable timeframe. You may also consider addressing the issue directly or reaching out for support from management, HR, or your union.

If someone brings a complaint against you, and it has been determined that such allegations, if found to be true, would constitute a breach of the policy please see Section 6d for the Investigation process.

b. Do I have to participate in an investigation or other processes under this Policy?

Yes, all employees and students must cooperate and actively participate in the investigation under this Policy, doing so in good faith (honestly) when asked to be involved. Processes related to these matters are held to a high standard of confidentiality, and so are all those who are required to participate in these processes.

Participation in mediation however is voluntary.

c. Do I need to continue dealing with the Complainant during an investigation or assessment phase?

Interim or temporary measures may be implemented based on the nature of the complaint and any concerns about safety and wellbeing. Measures may include:

Separating the parties;
No contact between the parties;
Modifying reporting relationships, and/or
Modifying job duties.

d. Am I able to have someone attend an investigation with me?

External legal counsel is not permitted to participate in an investigation or informal resolution process.

6. Resolutions

I am ready to submit my complaint, what are the next steps?

Reporting an incident of discrimination or harassment will launch the processes outlined below, beginning with the complaint intake and assessment.

a. Complaint submission

An individual can submit a complaint in the following ways:

Record the details of the incident in the Complaint Intake Form and submit it to the appropriate person. For instructions see section 4c;
Meet with the HRSP (or an alternate person designated by HR) to report the incident. They will record the details in the Complaint Intake Form during the meeting;
Meet with a union representative to file a grievance, or
Submit the complaint anonymously through ClearView Connects or the current mechanism for anonymous reporting.

A Complaint Intake Form includes the following:

Name(s) of the Complainant(s) and contact information
Name(s) of the person(s) discriminated against or harassed and contact information if not the Complainant
Name of the Respondent(s), position and contact information (if known)
Names of the Witness(es) (if any)
Names of other person(s) with relevant information to provide about the incident (if any) and contact information (if known)
Details of what happened including date(s), time(s), frequency and location(s) of the incident(s)
Documentation supporting the individual's complaint, and
List any documents in the possession of a Witness, another person or the Respondent that are relevant to the complaint.

You may find the Complaint Intake Form in Appendix D.

At the time you submit your complaint you can expect:

To be provided a copy of the Policy and Procedure, and
To have an opportunity to raise your questions and concerns.

The Complainant receive initial communication from HR no more than 30 days from filing the complaint. HR will make every effort to respond to the Complainant more immediately.

Do I have the right to withdraw my complaint or report?

A Complainant may withdraw the complaint at any stage in the process. However, the college will continue to investigate the complaint in a manner appropriate in the circumstances. This is essential for fostering a positive work and learning environment and fulfilling its legal obligations.

b. Preliminary Investigation

A preliminary investigation involves assessing if the complaint falls within the parameters of this policy.

The preliminary investigation entails:

Comparing the accounts and reported conduct against the Policy to assess whether the allegations, if found to be true, breach the Policy. Such assessment will be conducted by the identified Investigator and will be reviewed by either the CHRO for Respondents that are employees, and by the Registrar & Associate Vice President, Student Services & Supports (Registrar &AVP) for Respondents that are students.
Determining if allegations fall outside Policy scope, and if so, the Complainant would be guided towards alternative solutions, ending the current procedure.
Determining if the allegations, if found to be true, would breach the Policy, and if so, the next steps within this Procedure will be followed.

In the event that a complaint is submitted anonymously this preliminary investigation procedure will be completed to the extend possible with the information available.

The college will always prioritize providing a supportive environment. In discussion with Complainants, HR will determine if it is appropriate to address the situation using an informal or formal resolution process. The college will nevertheless discuss informal resolution options with the person making the request, if appropriate.

c. Informal Resolution

Informal resolution processes are used, when appropriate, to resolve concerns and complaints constructively, fostering positive working and academic relationships. The process focuses on resolution rather than assigning blame or imposing punitive measures on the Respondent. This involves explaining the available options and offering them the opportunity to voluntarily participate in the informal process.

Available informal resolution processes may include:

Management Intervention: This approach is when a Manager, an HR representative or the SRRO representative speaks on your behalf to the Respondent with the goal of resolving the issue;
Mediation: This approach is when a neutral person, typically trained in mediation, and agreeable to both parties, meets with the Complainant and the Respondent and assists in arriving at a resolution to the conflict; and/or
Training and Education: This approach may be offered to individuals or relevant departments, including both the Complainant and the Respondent, in certain situations. Some training opportunities are Equity Diversity and Inclusion (EDI), cyberbullying awareness, leadership development or group discrimination awareness and anti-harassment training. These sessions will be offered regularly. For more information regarding employee training, please visit Working At Mohawk through MyMohawk.

Training is not used as an alternative to disciplinary actions if warranted.

The college is committed to collaboratively determining the most suitable process for resolving the complaint, ensuring that the voices and preferences of Complainants are central to this decision. HR and SRRO are committed to explaining these options in more detail so that the most effective resolutions options are explored and understood.

The college aims to complete an informal resolution within three months of the complaint intake process. This timeframe may be extended if extenuating circumstances arise.

A letter outlining the information resolution plan will be provided to the Complainant and Respondent. A copy will be kept in the investigation file but not in the employees’ file.

When an informal resolution is not possible or appropriate, a formal investigation process will be conducted.

d. Formal Resolution

In some cases, the college may determine that the matter is not appropriate for informal resolution or is too severe or complex to be dealt with informally and thus requires a formal investigation. A formal investigation will also be conducted if the informal resolution process is unsuccessful or the CHRO, and possibly the Registrar &AVP, determines that a formal investigation is more appropriate.

The college, through either the SRRO, HR Department, or an external Investigator will conduct an investigation that fits the specific circumstances.

Investigation

The college will thoroughly review each complaint and conduct investigations when necessary. All complaints or incidents of workplace discrimination and harassment will be promptly and fairly investigated as reasonable in the circumstances. The Complainant, Respondent and Witnesses will be treated in accordance with this Policy, and the allegations will be evaluated impartially. The investigation will be undertaken and completed in a neutral, thorough, and timely manner.

Confidentiality is prioritized when handling discrimination or harassment complaints. Details about incidents or complaints, including individuals' identities, remain confidential to the extent possible. Disclosure occurs only when essential for investigation, corrective action, or legal compliance. This approach balances thorough inquiry with respect for all parties involved.

When a complaint is submitted, and it has been determined that such allegations, if found to be true, would constitute a breach of the Policy, the following will occur:

All parties will be offered support services as appropriate;
In some cases, the college may implement interim measures. During an investigation, the college will take reasonable measures to ensure the safety and wellbeing of college community members involved and the integrity of the investigation process. For more information about interim measures, see Section 4g.
HR will appoint an Investigator, either internal to the college or, where necessary, an external third-party, to investigate a complaint under this procedure.
The Respondent will be advised of the allegations at which time they will be provided a copy of the Policy and Procedure and will be given the opportunity to ask any questions about the process;
The investigation will include separate interviews with the Complainant and Respondent to gather relevant information;
Witnesses will be identified by the Investigator, and will be asked to provide any relevant information;
The Investigator will establish the facts by evaluating what is more likely to have occurred and will then determine whether these actions amounted to discrimination or harassment.
The Investigator will prepare a written report of their findings of fact, assessments and conclusions. The written report is a confidential document provided to the CHRO and possibly the Registrar & AVP that will not be shared with either the Complainant or the Respondent.
If the allegations are founded, the CHRO or designate will determine disciplinary action, as appropriate, concerning the employee Respondent;
For employee Respondents, the college will provide the Complainant and Respondent with a summary of findings and outline any corrective actions, both verbally and in writing, as required by law. The college may further implement restorative actions;
For a student Respondent, a summary of findings will be provided to the Complainant, Respondent and Registrar & AVP verbally and in writing;
Where a complaint is substantiated, a written record of the outcome of the investigation, including corrective action, will be retained in the Respondent’s employee file in the HR department and/or the SRRO as per the college’s record retention policies;
Where a complaint is not proven, no record of the complaint will be retained in the Respondent’s employee file or student file, but the investigation file will be retained separately in the HR department and/or SRRO as per the college’s record retention policies;
Information about an incident or complaint of discrimination and/or harassment will be kept confidential unless disclosure is necessary for investigation, taking corrective action, or is otherwise required by law;

The college aims to complete a formal resolution within twelve months of the complaint intake process. This timeframe may be extended if extenuating circumstances arise.

Appeals

What if I’m not satisfied by the outcome of my complaint or the way it is being handled?

This Procedure upholds every individual’s right to exercise their legal rights.

An appeals process is available for those who believe that the process undertaken was not in accordance with the Policy or Procedure, or requirements under law.

If a complaint involves workplace discrimination or harassment, and the complainant believes the college is not meeting its legal obligations, they may contact the relevant authority listed below, provided they do so within the time limits set by law.

For incidents where the course of conduct or comment is linked with a prohibited ground under the Ontario Human Rights Code (the Code).
For all other incidents, employees may pursue their complaint under the Occupational Health and Safety Act by contacting the Ministry of Labour, Training and Skills Development.
Unionized employees also have the right to file a grievance. Please see the applicable collective agreement for more information.

7. No Reprisal

This Policy prohibits reprisals against anyone acting in good faith who report or provide information regarding a complaint or incident of workplace discrimination or harassment. Reprisal is any act of retaliation that occurs because a person has complained about, or provided information about, an incident of workplace discrimination or harassment.

Employees who engage in reprisals or threats of reprisals may be disciplined up to and including termination from employment.

8. No interference

This Policy prohibits interference at any stage of the complaint or investigation process.

Interference is intentionally:

Obstructing an investigation, including providing misleading or false information, hiding or destroying evidence, attempting to influence the investigation or disclosing confidential information about the investigation;
Pressuring a person to ignore or not report an incident of workplace discrimination and/or harassment, or
Pressuring a person to lie or provide less than full cooperation with an investigation of a complaint or incident of workplace discrimination and/or harassment.

Employees who interfere with the complaint or investigation process may be disciplined up to and including termination of employment.

9. Accountability and Reporting

The college publishes an annual report on the website detailing:

The number and types of complaints received related to discrimination and harassment;
General descriptions of incidents (protecting individuals’ privacy);
Outcomes and resolution timelines, and
Any disciplinary measures taken.

Will the complaint, response, content of the investigation and findings report remain confidential?

Yes, all parties involved in a discrimination or harassment process are expected to uphold confidentiality. It is imperative to limit discussions to those who need to know, to protect the integrity of the process.

Disclosure of information is only necessary for the purpose of investigating or taking corrective action regarding the incident or complaint, or if it is otherwise required by law. This may include identifying information about the individuals involved.

Confidentiality does not mean anonymity. In addition, it is often necessary for the identity of the Complainant to be identified to an Investigator for the successful completion of an investigation when a known Complainant submits a complaint.

10. Administration

Costs

The college is responsible for the costs of the administration of this Policy and Procedures including the costs of any resolution or investigation services.

Document Retention

Subject to the provisions of the Freedom of Information and Protection of Privacy Act, records pertaining to a complaint or resolution will be held in strict confidence. The documents will be held in files separate from any employee or academic information. Only records of discipline will be placed in an individual’s employee or student file. In the event of multiple or subsequent allegations, reference may be made to previous complaint files and resolutions.