CF-P6 - Behaviour Procedure - Complaint Procedure

Section C: General Division Administration

I.  COMPLAINT PROCEDURE

• • 1. General Information

a.  Complainant refers to the individual who believes he/she is being harassed and/or the individual who has filed a complaint of harassment.

b.  Respondent refers to the individual alleged to be the harasser and/or the individual against whom the complaint has been made.

c.  A witness or third party to an incident of harassment may file a complaint of harassment.

d.  All complaints of harassment occurring on Division property or in relation to Division activities, will be acted upon in accordance with this procedure.  Confidentiality will be respected, but when necessary, information will be shared on a need to know basis with affected and/or involved individuals.  Complainants will be advised on the extent to which information may need to be shared and with whom.

e.  An investigation will be conducted.

f.  Documentation of harassment complaints (written complaint, record of investigation, and final disposition) will be retained confidentially at the Division Office.  Information/Investigation files involving harassment complaints will:

• • • • • be kept separate from the employee’s personnel file pending resolution of the complaint; and

        • be kept separate from the student’s cumulative file pending resolution of the complaint.

i.  In the event the allegations are substantiated through investigation, a summary of the  investigation, final disposition, and any action taken shall be kept at the Division Office:

• • • • • • • for staff, in the employee’s personnel file;

            • for students, in a personal  file with a general reference in the student’s cumulative file to the complaint and contact person for information.

ii.  In the event the allegations are not supported through investigation, a summary of the investigation, final disposition, and any action taken will be maintained confidentially by the Superintendent until:

• • • • • • • for staff, the time at which the employee leaves the employ of the Division, when such documents will be placed in a sealed envelope in the personnel file;

            • for students, the time at which the student graduates from the public school system or reaches the age of 21, whichever comes first, when such documents will be destroyed.

These documents will be accessible to the Superintendent as documentation and will be accessed only for information related to the specific incident documented.

g.  Respondents will be advised that retaliation against the complainant or interference in the process of investigation will not be tolerated and, if such occurs, will result in immediate disciplinary or legal action for staff, and suspension or expulsion for students.

h.  Complaints made in a malicious or vindictive manner, or which have no substantiation in fact may result in disciplinary or legal action for staff, and suspension or expulsion for students.

i.  The complaint procedures of the Division does not affect an individual’s right to file a complaint or respond to a complaint with the Human Rights Commission, Collective Bargaining Association, or other agency, or to seek other redress as provided under the law.

j.  In the interests of all parties involved in a harassment situation, individuals are encouraged to identify their concerns in a timely manner.  However, individuals may lodge a complaint at any time they feel they are being harassed.  All complaints must be documented and signed by the complainant and/or an individual in authority.

k.  A harassment complaint may be dealt with through either an informal or a formal resolution process.  The complainant can obtain information on both processes when making a complaint.

l.  In the complaint procedures outlined, should a respondent be an individual identified as a participant in the investigation or appeal process, the role of the respondent will be assumed by his/her supervisor.

m.  A complaint involving an individual under the legal age of majority, which may be construed as child abuse, shall be dealt with according to the applicable legislation and School Division Policy JLI-P1 – Child Abuse.

n.  The Superintendent will ensure the appropriate persons are informed on the status of the complaint as necessary.

II.  EMPLOYEE INITIATED COMPLAINTS

• • 1.  General Information

a.  When possible the complainant shall inform the respondent that his/her behaviour or action is not welcome and request the unwanted behaviour be stopped.  While it is preferable that objections to harassment be voiced to the offender, it is not a prerequisite to filing a complaint.

b.  The complainant should document any or all incidents of harassment and identify:

- the respondent’s name,

- date, time and location of the incident,

- a brief description of the incident,

- names of witnesses to the incident,

- any action taken by the complainant in response to the incident.

Harassment Documentation and Complaint Forms (Exhibit CF-E1) will be available from the main office, in schools, or from the Division Office.

This documentation should continue on an ongoing basis if the unwanted behaviour continues.

c.  If the harassment continues or if the complainant chooses, the complainant should report the incident to a trusted responsible individual in a position of authority.  (Example: Principal, Union Representative, Superintendent)

Documentation of incidents should be available.  The complainant must be prepared to share the nature and details of the complaint with the individual they contact.

2.  An Employee Complaint About An Employee:  Informal Resolution

The individual in authority who is contacted shall notify the Superintendent to determine if there have been any previous incidents of harassment involving the respondent.  If no past incidents are evident the individual in authority may proceed with an informal resolution process.  The individual in authority contacted should notify the respondent of the complaint and attempt to achieve a resolution to the problem through counseling and mediation.  Involvement and consultation from the Superintendent may be requested at this point.

If informal resolution is achieved, a summary report outlining the issue and resolution will be maintained in a sealed envelope with the Superintendent.

3.  An Employee Complaint About An Employee:  Formal Resolution

a.  If : 

i.  past incidents of harassment are evident, or

ii.  if the situation is not resolved through informal procedures, or

at the request of the complainant,

the complaint shall be addressed through a formal complaint process.  The trusted individual in authority who has been contacted, or the complainant, shall forward a written complaint to the Superintendent.

(NOTE: The Harassment Documentation and Complaint Form (Exhibit CF-E1) is recommended for this purpose.)

b.  The Superintendent/designate will coordinate the formation of an investigative committee.  The committee shall be composed of at least three (3) members with consideration in representation being given to gender, race, and ethnicity where such factors may be a potential issue within the complaint.  Members might include;

i.  the supervisor(s) of the parties involved in the complaint and/or

ii.  member(s) to be appointed at the discretion of the Superintendent

This committee shall review and investigate the complaint of harassment by the following process

The committee will:

i.  set reasonable time frames;

ii.  define objectives and procedures to follow in the investigation;

iii.  interview the complainant and make detailed notes;

iv.  interview the respondent and make detailed notes;

v.  interview any witnesses and make detailed notes;

vi.  allow third party representation at the interview(s) (e.g. union representation, lawyer, friend, etc.)

vii.  follow the rules of natural justice, exercise fairness, sensitivity and objectivity in their investigation or fact-finding process;

viii.  make a decision on the allegation, allow the complainant the opportunity to have input into the resolution or disciplinary action, and provide recommendations or resolution or action where deemed appropriate ,to the Superintendent.

The committee may provide guidance and advice, and may recommend assistance available to the complainant or respondent to deal with the incident of harassment.

c.  The Superintendent will be privy to all documents from the investigation, may undertake any subsequent investigation he/she believes is relevant, and may conduct a hearing with the individuals involved at his/her discretion.  In the event a hearing is not called by the Superintendent, either the complainant or the respondent has the right to request a hearing with the Superintendent.  Such request for a hearing must be requested in writing within ten (10) working days of receipt of a decision on the complaint.  The Superintendent will conduct said hearing within fifteen (15) working days of receipt of the request.  The Superintendent shall respond to the appellant on the findings of the hearing within ten (10) working days of conducting the hearing.

d.  The Superintendent shall respond in writing to the complainant and respondent indicating the investigative committee’s recommendation and stating the decision of the Superintendent on any disciplinary action to be taken and/or any action to be taken by the complainant or respondent.  If the complaint is found to be valid, a record of the decision and action taken shall be placed in the harasser’s personnel file.  If the complaint is unfounded, then all written documentation of the complaint shall be maintained in confidence by the Superintendent.

e.  The complainant or the respondent has the right to appeal the decision on action to be taken through written request to the Board of Trustees.  The Board of Trustees will be privy to all document from the complaint and the investigation; may hold a hearing with those involved at its discretion; and shall reach a final decision.  The Board of Trustees may undertake any investigation it believes is relevant and shall respond to the appellant in writing within thirty (30) working days of receipt of the appellant’s request.

4.  An Employee Complaint About A Student

When a complaint involves an employee making a complaint about a student, the procedures identified for A Student Complaint About a Student (Section III-.2 and III-.3) shall be followed.  This procedure shall be followed with the understanding:

a.  the complainant is an employee not a student;

b.  and, the employee making the complaint will contact the Principal of the school the student attends;

c.  and, the principles of involving the Harassment Resource Team and of notifying parents of the students, as outlined in Sections III-1, III-2, and III-3, will be maintained.

III.  STUDENT INITIATED COMPLAINTS

 1.  General Information

a.  There will be a designated group of teachers/counselors in the Division referred to as the Harassment Resource Team.  These individuals will work with the Principal(s) and/or Superintendent as required or requested in the management and/or investigation of harassment complaints initiated by students. 

The Harassment Resource Team will be designated by the Superintendent and will act as a resource to individuals investigating harassment complaints.  The Division will undertake to provide appropriate training for the Team.

b.  Whenever possible the complainant should inform the respondent that his/her behaviour or action is not welcome and request the unwanted behaviour be stopped.  While it is preferable that objections to harassment be voiced to the offender, it is not a prerequisite to filing a complaint.

c.  The complainant should document any or all incidents of harassment and identify:

       - the respondent’s name,

       - date, time and location of the incident,

       - a brief description of the incident,

       - names of witnesses to the incident,

       - any action taken by the complainant in response to the incident.

Harassment Documentation and Complaint Forms (Exhibit CF-E1) will be available to students in schools in locations such as the School Counsellor’s office, the main office or from teacher advisors.

d.  If the harassment continues and/or if the complainant chooses, the complainant should report the incident to a trusted, responsible adult in the school or Division Office.  (Example: Principal, Teacher, Counsellor, Learning Assistant, Secretary, Superintendent)

Documentation of incidents should be available.  The complainant must be prepared to share the nature and details of the complaint with the adult they contact.

e.  The individual contacted shall notify the Principal of the school with details of the complaint. As per Section I point number m, in the event the complaint has been made against the Principal, the individual contacted shall notify the Superintendent of the school with details of the complaint.

f.  When a student is named in a Harassment Complaint the parent(s)/guardian(s) of student(s) will be notified as per the following:

i.  when a student(s) are under eighteen (18) years of age and a decision has been made to follow a formal resolution process, the complaints will be communicated to parent(s)/guardian(s); complaints to be resolved through an informal process will be communicated to parent(s)/guardian(s) at the discretion of the Principal/Superintendent;

ii.  when the student(s) are eighteen (18) years of age or older, communication with parent(s)/guardian(s) will be encouraged, with the consent of the student.

The student will be consulted and advised on the communication to occur and who will communicate with the parent(s)/guardian(s).  The communication may be made by the student, the adult first contacted by the complainant, the Principal, the Vice-Principal or the Superintendent.

g.  A meeting will be arranged with the complainant and respondent and his/her parent(s)/guardian(s) if the student is under eighteen (18) years of age, and the Principal/Superintendent within five (5) school days of receipt of the complaint, to review the complaint and to outline the procedures that will be followed to investigate and resolve the matter.

2.  A Student Complaint About A Student:    Informal Resolution

When the complaint involves students, the Principal shall review the student’s cumulative file and contact the Superintendent to check on past incidents of harassment involving the respondent.  If no past incidents are evident the Principal may proceed with an informal resolution process.  The Principal should notify the respondent of the complaint and attempt to achieve a resolution to the problem through mediation and counselling.  Involvement from School Counsellors, the Harassment Resource Team and/or the Superintendent can be requested as appropriate by the Principal.

3.  A Student Complaint About A Student :   Formal Resolution

a.  If:

i.  past allegations of harassment are evident in a student’s history, or

ii.  at the request of the complainant

the complaint shall be addressed through a formal resolution process.  The adult contacted by the student shall forward a written complaint to the Principal.

(NOTE:  The Harassment Documentation and Complaint Form (Exhibit CF-E1) is recommended for this purpose.)

b.  The Principal shall coordinate the development of an investigative committee involving the Principal or Vice-Principal and the Harassment Resource Team, with consideration in representation being given to gender, race, and ethnicity where such factors may be a potential issue within the complaint.  This committee will review and investigate the complaint of harassment by the following process.  The committee will:

i.  set reasonable time frames;

ii.  define objectives and procedure to follow in the investigation;

iii.  interview the complainant and make detailed noted;

iv.  interview the respondent and make detailed noted;

v.  interview any witnesses and make detailed notes;

vi.  allow third party representation at the interview(s) (e.g., parent, guardian, counsellor, friend, etc.);

vii.  follow the rules of natural justice, exercise fairness, sensitivity and objectivity in their investigation or fact-finding process;

viii.  make a decision on the allegation, allow the complainant the opportunity to have input into the resolution or disciplinary action, and provide recommendation on resolution or action  where appropriate to the Principal.

The committee may provide guidance and advice, and may recommend assistance available to the complainant or respondent to deal with the incident of harassment.

c.  The Principal shall respond in writing to the complainant and respondent, and their parent(s) if they are under eighteen (18) years of age, indicating the investigative committee’s recommendation and stating the decision of the Principal on any disciplinary action to be taken and/or on any action to be taken by the complainant or the respondent.

A record of the decision and action to be taken shall be maintained in confidence by the Superintendent in a separate file.  A notation to that effect will be made in the cumulative file.  (Cross-reference)  

d.  The complainant or the respondent has the right of second appeal or the decision on action to be taken through written request to the Superintendent within ten (10) working days of the decision.  The Superintendent will be privy to all document from the complaint and the investigation; may hold a hearing with those involved at his/her discretion; and shall reach a decision.  The Superintendent may undertake any investigation he/she believes is relevant and shall respond to the appellant in writing within fifteen (15) working days of receipt of the appeal.

e.  The complainant or the respondent has the right to third appeal of the decision on action to be taken through written request to the Board of Trustees.  The Board of Trustees will be privy to all documents from the complaint and the investigation; may hold a hearing with those involved at its discretion; and shall reach a final decision.  The Board of Trustees may undertake any investigation it believes is relevant and shall respond to the appellant in writing within thirty (30) working days of receipt of the appeal.

4.   A Student Complaint About An Employee:    Formal Resolution

a.  When a student complaint is about an employee, the complaint shall be addressed through a formal complaint process.  The adult contacted shall forward a written complaint to the Principal/Superintendent.

b.  The Principal shall forward a written complaint to the Superintendent.

c.  The Superintendent will coordinate the formation of an investigative committee.  The committee shall be composed of at least three (3) members with consideration in representation being given to gender, race, and ethnicity where such factors may be a potential issue within the complaint.  Members might include:

- the Principal(s)/Supervisor(s) of the parties involved in the complaint, and they will:

- define objectives and procedures to follow in the investigation;

- interview the complainant and make detailed notes;

- interview the respondent and make detailed notes;

- interview any witnesses and make detailed notes;

- allow representation at the interview(s) (e.g., union representative, lawyer, friend, parent(s)/guardian(s), counselor, etc.);

- follow the rules of natural justice, exercise fairness, sensitivity and objectivity in the  investigation or fact-finding process;

 - make a decision on the allegation, allow the complainant the opportunity to have input into the resolution or disciplinary action and provide recommendations or resolution or action to be taken where appropriate to the Superintendent. The committee may provide guidance and advice, and may recommend assistance available to the complainant or respondent to deal with the incident of harassment.

d.  The Superintendent will be privy to all documents from the investigation, may undertake any subsequent investigation he/she believes is relevant, and may conduct a hearing with the individuals involved at his/her discretion.  In the event a hearing is not called by the Superintendent, either the complainant or the respondent has the right to request a hearing with the Superintendent.  Such request for a hearing must be requested in writing within ten (10) working days of receipt of a decision on the complaint.  The Superintendent will conduct said hearing within fifteen (15) working days of the request.  The Superintendent shall respond to the appellant on the findings of the hearing within ten (10) working days of conducting the hearing.

e.  The Superintendent shall respond in writing to the complainant and respondent indicating the investigative committee’s recommendation and stating the decision of the Superintendent on any disciplinary action to be taken and/or any action to be taken by the complainant or respondent.

If the complaint is found to be valid, a record of the decision and action taken shall be placed in the harasser’s personnel file.  If the complaint is unfounded, then all written documentation of the complaint shall be maintained in confidence by the Superintendent.

f.  The complainant or the respondent has the right to appeal the decision on action to be taken through written request to the Board of Trustees.  The Board of Trustees will be privy to all documents from the complaint and the investigation; may hold a hearing with those involved at its discretion; and shall reach a final decision.  The Board of Trustees may undertake any investigation it believes is relevant and shall respond to the appellant in writing within thirty (30) working days of receipt of the appeal.

IV.  VISITORS, VOLUNTEERS, PARENTS/GUARDIANS

1.  Visitor, Volunteer, or Parent/Guardian Initiated Complaint

When a harassment complaint is initiated by a Visitor, Volunteer, or Parent, the procedures as they apply to staff and students shall be followed as outlined in Section II and Section III.

2.  A Complaint About A Visitor, Volunteer, or Parent

a.  Whenever possible the complainant should inform the respondent that his/her behaviour or action is not welcome and request the unwanted behaviour be stopped. While it is preferable that objections to harassment be voiced to the offender, it is not a prerequisite to filing a complaint.

b.  The complainant should document any or all incidents of harassment and identify:

- the respondent’s name,

- date, time and location of the incident,

- a brief description of the incident,

- names of witnesses to the incident,

- any action taken by the complainant in response to the incident

Harassment Documentation and Complaint Forms will be available from the main office, in schools or from the Division Administration Office.

c.  This documentation should continue on an ongoing basis if the unwanted behaviour continues.

If the harassment continues or if the complainant chooses, the complainant should report the incident to a trusted, responsible individual in a position of authority.  (Example: Principal, Vice-Principal, Superintendent, Union Representative)

Documentation of incidents should be available.  The complainant must be prepared to share the nature and details of the complaint with the individual they contact.The individual in authority should refer the issue to the School Principal who shall notify the respondent of the complaint and attempt to achieve a resolution to the problem through counseling and mediation.  Involvement and consultation from the Superintendent may by requested at this point.  A written report outlining the complaint and/or recommended action and resolution will be forward to the Superintendent for review.

d.  In the event action is recommended, the Superintendent shall review the issue and shall respond in writing to the complainant and respondent indicating the investigative committee’s recommendation and stating any action to be taken by the complainant or respondent.  Whether the complaint is found to be valid or unfounded, a record of the decision, any action taken, and all written documentation of complaint shall be maintained in confidence by the Superintendent.

e.  The complainant or the respondent has the right to appeal the decision on action to be taken through written request to the Board of Trustees within ten (10) working days of the decision.  The Board of Trustees will be privy to all documents from the complaint and the investigation; may hold a hearing with those involved at its discretion and shall reach a final decision.  The Board of Trustees may undertake any investigation it believes is relevant and shall respond to the appellant in writing within fifteen (15) working days of receipt of the appeal.