Filing a Complaint to the Society of Graduate Students
Last updated March 2021
This document is a general summary of procedures for filing a complaint to the Society of Graduate Students (SOGS). The purpose of this summary is to provide greater transparency about the reporting process. However, each situation is unique, thus procedures will vary on a case-by-case basis. Please contact ombudsperson@sogs.ca for additional information about these processes.
If you are an employee or member of SOGS and the person who harassed or discriminated against you is also an employee or member of SOGS, you can make a complaint to SOGS. Members are typically individuals who are registered as graduate students in the School of Graduate and Postdoctoral Studies (see Bylaw 1.5 for details). Employees are individuals who have been hired by SOGS (e.g., Grad Club employees). Members are not subject to disciplinary action from SOGS when acting in their capacity as Graduate Teaching Assistants or Research Assistants. However, note that the SOGS Ombudsperson’s jurisdiction is limited to that of inter-graduate student affairs, particularly issues that occurred in the course of SOGS-related activities (e.g., Committee meetings, events) or SOGS personnel (e.g., Executives, Committee Members). Specific information about the jurisdiction that these processes apply to can be viewed in Bylaw 3.2.4.Informal Resolution
Prior to filing a complaint, you may seek an informal resolution, which could involve a direct or mediated discussion between relevant parties. For example, if a Committee Member has an issue with another Committee Member, they may consult with the Committee Chair to seek an informal resolution. The SOGS Ombudsperson may act as an informal mediator in these circumstances; the SOGS Speaker will act as mediator if the Ombudsperson cannot act as mediator (e.g., if there is a conflict of interest).
Complaint (Formal Resolution)If an informal resolution is not reached, then a formal complaint may be filed with the Ombudsperson. The Ombudsperson may recommend an informal resolution if one has not already been sought or immediately begin the formal resolution process, depending on the severity of the complaint. If the Ombudsperson is unable to rule on a complaint (e.g., because of a conflict of interest), they may forward it to a member of the Appeals Review Commission (chosen at random by the Speaker; all members are elected) who will act as Ombudsperson for this case.
If you choose to file a complaint, you will be asked to provide detailed information related to the matter (i.e., who, what, when, evidence thereof, relevant bylaws that were violated). Ideally, the complaint should be in writing, but you may contact the Ombudsperson for information about alternatives.After the complaint has been filed, the Respondent will be informed of it in writing by the Ombudsperson and be given the opportunity to respond to the complaint in writing and/or meet with the Ombudsperson. Both the Complainant and Respondent will be asked to provide relevant information (ideally in writing) to support their positions, and the Ombudsperson will attempt to ascertain the truth to the best of their ability. If the Respondent does not respond to the allegation or meet with the Ombudsperson, the Ombudsperson may proceed without their participation. The Complainant and Respondent will never be required to be in the same room together or to speak to one another. When meeting with the Ombudsperson, the Complainant and Respondent may be accompanied by a colleague (i.e., a non-legal support who is not a witness nor will provide testimony) of their choosing, however, legal representation is not allowed at this stage.
If the Ombudsperson concludes that misconduct has occurred, they may impose appropriate sanction(s). Sanctions include, but are not limited to, verbal warnings, formal censure, curtailment of rights and privileges, a recall vote, or being prohibited from holding a SOGS position for a given period of time (additional possible sanctions are described in Bylaw 2.19). The Speaker and relevant Executive (e.g., the VP of Finance would be informed if the issue pertained to Grad Club or the Chief Returning Officer would be informed if the issue was related to elections) are responsible for implementing the decision. This decision shall be communicated in writing to the Respondent, and a copy of the decision will be retained in the SOGS office and provided on a need-to-know basis to administrative units (e.g., Executive and Non-Executive Officers). The Complainant may not always be fully informed of the disciplinary actions taken against the Respondent, depending on the specific circumstances of the situation. Additionally, the Ombudsperson reports general information about complaints received (e.g., number received and investigated) annually at the Annual General Meeting.The Respondent may appeal the Ombudsperson’s decision to the Appeals Review Commission if certain conditions outlined in Bylaw 3.2.8 are met. There is no process by which a Complainant can appeal a non-finding of misconduct. Legal counsel is allowed in the appeals process at the respective party’s expense.
Although no formal process exists by which a complaint to the Ombudsperson would initiate a parallel process with the Human Rights Office or another office on campus, the Ombudsperson may advise the complainant to pursue their complaint with Western Administration as well. Similarly, should a complaint be made regarding an alleged criminal act or misconduct that would necessitate the involvement of the local law enforcement or Western Administration, the Ombudsperson would recommend that the matter be referred to the relevant authorities. However, a referral to another authority would not negate the complaint process within SOGS.In summary, you may seek an Informal Resolution in an attempt to resolve the issue, and this may be mediated by the SOGS Ombudsperson. However, if such a resolution cannot be reached, you may seek a Formal Resolution by filing a Complaint with the Ombudsperson, who will investigate the matter and possibly recommend disciplinary action if they conclude that misconduct occurred. Anyone interested in these processes is strongly encouraged to reach out to the SOGS Ombudsperson to learn more.
Contact information:Ombudsperson: ombudsperson@sogs.ca
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