Reports of and Complaints About Discrimination and Harassment
Last updated March 2021
This document is a general summary of procedures for filing a Report and a formal, non-criminal Complaint about discrimination or harassment that is either witnessed or personally experienced by students, staff, or faculty members at Western. The purpose of this summary is to provide greater transparency about the reporting and Complaint processes. However, each situation is unique, and many procedures vary on a case-by-case basis. If you have experienced or witnessed discrimination or harassment, we encourage you to contact Equity and Human Rights Services (EHRS) for support, additional information, or to request a consultation.
Reports and Complaints can be made by and about anyone affiliated with the University (i.e., students, faculty, staff, volunteers). Individuals who may have experienced discrimination or harassment may consult with EHRS, make a report to EHRS and/or file a formal Complaint. The majority of this document discusses filing a Complaint, but the consultation and reporting options are also summarized. Reporting discrimination or harassment is managed by EHRS, while filing a Complaint is managed by the Office of the Associate Vice-President - Human Resources (AVP-HR), or the Office of the Associate Vice-President, Student Experience (AVP-SE). EHRS is also available as a support for parties involved in the formal Complaint process. Complaints against employees (e.g., faculty, staff) will follow procedures outlined in the Procedure for Policy of Non-Discrimination and Harassment. Complaints against students may also involve the Code of Student Conduct. Respondents (i.e., the person(s) about whom the complaint is being made) who hold dual roles (i.e., as students and employees) may be subject to sanction in both their roles, as multiple policies may apply to them.
The Code of Student Conduct applies to Graduate Students except when acting in their capacity as Graduate Teaching Assistants, and when the Complainant and Respondent are both students. The Complaint process outlined in the Code of Student Conduct is similar to the Complaint process described below, however, the Complaint is handled by the AVP-SE and the process is typically more informal and quicker. Complaint procedures involving the Code of Student Conduct are clearly explained in Section F of the Code and possible sanctions are described in Section G of the Code. To begin this Complaint process, you may submit the Code Complaint Form online, or you may email studentconduct@uwo.ca. Because the Complaint process in the Code of Student Conduct is clearly described in the documents linked above, this process is not summarized here. The rest of this document summarizes consultations, Reports and Complaints with EHRS that are then handled by AVP-HR.
Consultation
If you would like to discuss your experience or an incident or concern that you witnessed without necessarily filing a Complaint (e.g., to determine whether certain behavior(s) may be considered discrimination or harassment, to learn more about the formal Complaint process, or assistance drafting a Complaint), you may request a consultation via email (equity@uwo.ca) or phone (519-661-2111 x 83334). A representative of EHRS will connect with you within 48 hours (or two business days) to offer guidance and support. Requesting a consultation does not automatically result in a formal Complaint being made. The EHRS representative can help you determine whether the alleged facts of your experience, if supported, would constitute a violation of the Non-Discrimination/Harassment Policy, and whether you wish to learn more about and/or proceed with a formal Complaint. Consultations with EHRS are subject to their confidentiality policy.
Report
A report will formally notify the University of an incident or concern of discrimination or harassment that is either witnessed or personally experienced. This will serve as a record of what is reported and is typically the initial step in making a formal complaint. To make a report to EHRS, you may fill out the online report form or email equity@uwo.ca with relevant documentary evidence that may include: your name, role (i.e., student, staff, or faculty) and contact information, the name and role(s) of the other individual(s) involved (i.e., who has caused harm), details about the event(s) including date(s), time(s), and place(s) of incident(s) of concern or harm, and additional information such as witnesses, actions you have taken so far if any (e.g., speaking to police, or disclosing the incident to a University official or employee), and copies of materials attached as files (e.g., documents, screenshots). If you are in need of assistance during this process, you may contact your Union (i.e., PSAC) or EHRS for accommodations and support.
You may make an anonymous report, although this will limit EHRS’s ability to contact you to offer support and/or take further action. Emailing EHRS with a report does not automatically result in a formal Complaint being made. A representative of EHRS will connect with you within 48 hours (or two business days) to outline available supports, invite you to provide more information, and inform you of your options going forward. You may decide whether you would like to initiate the formal Complaint process at this or a later time.
Reports made to EHRS are subject to their confidentiality policy. Details of your report will not be shared with the person(s) named as causing concern or harm. Typically, details of your report will not be shared without your consent, however, in cases where health and safety concerns arise, only necessary and relevant information will be discreetly shared with those who “need to know'' in order to address, review, and/or resolve the concern. More detailed information about when information obtained from reports is shared outside of EHRS can be found in the Frequently Asked Questions section of EHRS’s webpage for Reporting Incidents and Concerns.
Request for Alternate Resolution
Complainants who are open to problem solving with the Respondent (as opposed to seeking disciplinary actions) may request an alternate resolution. To do so, both the Complainant and Respondent must be willing to participate in the process. Alternate resolutions are managed by EHRS and may involve facilitated discussions, mediations, or education. This option is often pursued when the parties involved must continue working together or be around each other, and/or when they are interested in trying to repair their relationship.
Requests for alternate resolution must be made by the Complainant within 6 months of the date of the last incident, and are subject to approval by the AVP-HR. In some circumstances, alternate resolutions may not be appropriate (e.g., if there is a safety risk to one or both parties involved, if there is a significant power imbalance between parties, if a party seeks disciplinary action, or if resolution seems unlikely). Similarly, the AVP-HR may discontinue alternate resolution proceedings at any time, and may provide reasons for such a decision upon request.
Alternate resolution proceedings must be completed within 20 working days of receiving the initial request. This time period may be extended to a maximum of 40 working days upon approval by the parties involved and the AVP-HR. If a resolution is not reached, the Complainant may proceed with or halt the formal complaint process. Either the Respondent or Complainant may opt out of the alternate resolution process at any time. In this circumstance, either party may file a Complaint. Similarly, if an alternate resolution is agreed upon but one or both parties do not follow through on the conditions of the resolution, a Complaint may be filed.
Complaint
Connecting with EHRS by submitting a report or requesting a consultation is typically recommended (but not required) before moving forward with filing a formal complaint. Complaints must be submitted within 12 months of the latest alleged incident of discrimination or harassment.
If you decide to make a formal Complaint, you will initiate this process with the AVP-HR by emailing your complaint to (jobrien@uwo.ca). Complaints must include your name, role (i.e., student, staff, or faculty) and contact information, the name and role(s) of the other individual(s) involved (i.e., who has caused harm), details about the event(s) including date(s), time(s), and place(s) of incident(s) of concern or harm, and additional information such as witnesses, actions you have taken so far if any (e.g., speaking to police, or disclosing the incident to a University official or employee), and copies of materials attached as files (e.g., documents, screenshots). Your complaint must be in writing, must be within the jurisdiction of Western (i.e., those involved are employees or students at Western), and must provide sufficient details and information in order to proceed (see section VII, 3 for more information). Upon request, representatives of EHRS may review and provide feedback on drafts of Complaints before they are sent to the AVP-HR.Information obtained about an incident of discrimination or harassment from the Complaint (including identifying information of the involved parties), will not be disclosed unless necessary for investigating, taking corrective action, or is otherwise required by law (e.g., Occupational Health and Safety Act, court orders).
Upon receipt of a Complaint, the AVP-HR will determine whether the concern(s) or incident(s) detailed in the Complaint, if true, constitute a violation of the Non-Discrimination/Harassment Policy.
Complaint and Request for Investigation
If an investigation of the Complaint is sought, the AVP-HR will appoint an internal or external investigator (typically lawyers who practice in human rights) who will prepare a fact finding report in which they review the Complaint and determine whether discrimination or harassment has been established. Meanwhile, the AVP-HR will determine any non-disciplinary interim measures to be taken throughout the investigative and complaint process (e.g., a no-contact directive, suspending privileges, moving offices).
Within 10 working days of the investigator’s appointment, the AVP-HR will provide the Respondent with a copy of the Complaint. The Respondent will be given the opportunity to respond to the complaint within 10 working days of the receipt of the Complaint. Written responses will be made available to the Complainant. The Respondent may decline to participate in the investigation, however, the process will continue regardless. In contrast, Complainants are required to participate in the investigation. If the Complainant fails to participate, the Complaint shall be withdrawn.
Investigations of Complaints may take between 3-6 months. Upon receipt of the investigator’s fact finding report, the AVP-HR will determine whether the Non-Discrimination/Harassment Policy has been violated. The AVP-HR will then refer to the appropriate document(s) to determine what disciplinary actions(s) will be mandated. The Complainant and Respondent will be notified of the results of the investigation and of any corrective or disciplinary action that has or will be taken.The University will take appropriate steps to protect a person disclosing or making a Complaint of discrimination or harassment from retaliation. Alleged retaliation or threat thereof is grounds for a Complaint under the Non-Discrimination and Harassment policy and will initiate an investigation, even if a formal Complaint for the original incident(s) is not filed.
Additional Information
In any meeting or hearing, Complainants and Respondents can have a support person (e.g., a representative of their employee group, a colleague, legal counsel at their own expense, etc.) present for meetings.
All documents submitted or created during the course of a formal Complaint process will be retained in confidence for 10 years in the office of EHRS. These files may only be accessed by Human Resource Officers in EHRS or by the AVP-HR.Representatives of EHRS are available throughout the reporting process to support and guide individuals, provided there are no conflicts of interest. If you need accommodations at any point in the disclosure, reporting, or Complaint processes (e.g., for disabilities), you may contact EHRS.
Summary
In summary, a consultation with Equity & Human Rights Services will allow you to ask questions, discuss your experience and receive support without initiating a formal Complaint process; reporting will formally notify the University of an experience of discrimination or harassment and is often the first step in making a Complaint, which can lead to an alternate resolution process or a formal investigation of the incident and possible disciplinary action. Anyone interested in any of these processes is strongly encouraged to reach out to Equity & Human Rights Services to learn more.
Contact information:
Equity & Human Rights Services: equity@uwo.ca, 519-661-3334, Somerville House Rm 2319
Director of Equity & Human Rights Services: Larissa.Bartlett@uwo.ca, 519-661-3883 (or 519-661-2111 x83883)
Senior Consultant of Equity & Human Rights Services: tltomchi@uwo.ca, 519-661-2111 (x81428)
Sources:
Western University Policy 1.35: Non-Discrimination/Harassment Policy
Procedure for Policy 1.35: Non-Discrimination/Harassment
Equity and Human Rights Services: Get Help - Report an Incident or Concern
