Complaint Procedure

AGPS Graduate Professional School (AGPS) shall treat every party to this complaint procedure courteously in accordance with the principles above. Lodging a complaint will in no way be used against the employee or student in a way that has an adverse impact on the employee’s or student’s status. Because of the damaging nature of harassment to the victims and to the entire student body and workforce, aggrieved students and employees are strongly urged to use this procedure. Filing groundless or malicious complaints is an abuse of this policy and may be treated as a violation.

Complaint Receiving

To file an official complaint at any time, please fill out the Discrimination and Harassment Complaint Reporting Form.

All formal Complaints are received by the Human Resources Department.

Please send your completed form to hr@adler.ca.

Before sending a formal complaint, members of the AGPS Community are advised to speak to one of the following to get information about what should go into a formal complaint and what will happen after the complaint is filed.

If you feel that the complaint involves the person designated to receive the complaint, or you are uncomfortable disclosing information about your complaint to them, you can contact either one of the other designates, or the CEO directly.

Faculty

Dean of Psychology
David Teplin

Students

VP Programming
Annette Smith

Student Liaison
Fiona Haldane

Staff

Human Resources
Tannis Maynard Langedijk
Evert Akkerman

CEO

Chantal Hollander

MAKING A COMPLAINT

An individual who feels harassed, discriminated against, or retaliated against may initiate the complaint process by filing a complaint in writing with the CEO or a person designated by the CEO to entertain complaints under this procedure.

No formal action will be taken against any person under this policy unless the CEO or the CDDH has received a written and signed complaint containing sufficient details to determine whether the policy may have been violated.

A written complaint must use the Discrimination and Harassment Complaint Reporting Form and must include:
1. Name of the complainant and respondent
2. Time, date and location of the alleged violation
3. Steps taken to this point to resolve the complaint (it is not required for a complainant to attempt to resolve the complaint if doing so would likely result in further harm)
4. The hoped-for outcome.
The complainant may obtain the complaint form on ADLearn in the Forms and Reports section of either the student, faculty or employee resources page or directly from the CEO or CDDH.
If a supervisor or manager becomes aware that harassment or discrimination is occurring, either from personal observation or because of the employee or student being harassed coming forward, the supervisor or manager must immediately report it to the CEO or CDDH in writing.
Whenever possible, individuals involved in a dispute are encouraged to engage in informal discussions to resolve their concerns. Informal resolution methods may include open dialogue, mediation, or facilitated conversations with the assistance of a trained neutral party.
Upon receiving a complaint or being advised by a supervisor or manager that a violation of this policy may be occurring, the CEO or CDDH will review the complaint with the legal counsel.
1. The CEO or CDDH, in consultation with legal counsel, will determine if
  1. The matter should be reported criminally
  2. The matter is suitable for mediation
Within five business days of receiving the complaint, the CEO or CDDH will separately contact the parties to inform them of the complaint and invite the complainant and the respondent to consider mediation. This information must also be sent in written form.
1. Where appropriate, the person receiving the complaint will offer the parties an opportunity to mediate the complaint.
  1. No person will be required to undertake mediation.
  2. Mediation will be conducted by a neutral and expert third-party mediator.
  3. Mediation may take place at any stage during the complaint process.
  4. Mediation must be conducted by a mediator acceptable to both parties.
  5. The mediator must be impartial and not in any way involved in the complaint and may be a member of AGPS or an outsider.
2. The mediator shall not make a finding of violation or non-violation of the policy but shall instead guide the parties to reach a settlement acceptable to both.
3. The mediation shall be confidential, and nothing from the mediation may be used as evidence in an adjudication.
4. Either party may introduce evidence presented in the mediation again as part of an investigation
If, after five business days of the commencement of mediation, the parties have not reached an agreement that is mutually satisfactory, the CEO or CDDH shall refer the complaint to an investigator.
The CEO or CDDH will cause the said matter to be investigated by an impartial investigator. The investigator’s report shall be made available to the CEO or CEO’s Designate, the complainant, and the respondent.
1. An investigator may be internal or external, depending on the nature of the complaint. Decisions about the appointment of the investigator shall be made based on the avoidance of the perception of a conflict of interest.
2. The CEO shall maintain a roster of investigators qualified to access confidential information related to the investigation, with expertise relevant to the complaint.
3. The investigator shall be given access to all documents relevant to the investigation and shall also be given access to such witnesses as they may consider necessary for the purpose of adjudicating the matter appropriately. (see section Investigation Procedures)
4. Unless there are extenuating circumstances, which circumstances shall be reported to the CEO or CDDH, the investigator shall conclude the investigation and make recommendations within 15 business days of the complaint being referred to the investigator.
5. At the end of that period, a written decision containing the investigator’s written findings shall be submitted to the CEO or CDDH, who will, in consultation with legal and senior administrative advisors, accept the recommendations. If the CEO or CEO’s Designate do not accept the recommendations, the CEO may appoint a review panel of external experts to review the findings of the investigation, and any additional input from legal counsel, before reaching a final decision. The decision of the CEO after this review is final.
If it is determined that harassment or discrimination in violation of this policy has occurred, the investigator will recommend appropriate disciplinary action, bearing in mind:
1. the severity, frequency, and pervasiveness of the conduct;
2. prior complaints made by the complainant;
3. prior complaints made against the respondent; and
4. the quality of the evidence.
If the investigation determines that there has been no violation of policy, but potentially problematic conduct may have occurred, the investigator may recommend appropriate preventive action.
Within five business days of the investigation being concluded, the CEO or CDDH will meet with the complainant and the respondent separately, notify them of the investigator’s findings, and inform them of the actions being taken by the school.
The recommendations of the investigator do not supersede the school’s obligations under the Strengthening Post-secondary Institutions and Students Act, 2022
Where a violation of the policy is found, the CEO or CEO’s Designate will also take any steps necessary to repair the effects of the discrimination or harassment on the complainant, and to prevent any further recurrences of harassment or discrimination within the organization.

Investigation Procedures

Within five business days of being appointed, the Investigator shall inform the complainant or respondent in writing of:
The nature of the complaint
Their rights in the process of resolution, including when and how they can submit documentation and who can attend any meetings.
The proposed date for an interview. Interviews should be scheduled within seven business days of contacting the student. Students should be advised that they can bring one individual to an investigation interview, but that individual may not participate in the proceedings of the interview and may not act in the role of a legal representative for the student.
Parties can submit documentation or information to the Investigator at any time up to two business days before the interview.
Within five business days of being appointed, the Investigator should contact any witnesses or other persons named or involved in the complaint and invite them to an interview. The interview should be scheduled within one week of contacting the individual.
1. The Investigator may also interview any individuals they feel would be relevant to the resolution of the complaint.
Within 10 business days of any final interview with the complainant, the Investigator will deliver a written report to the CEO or CEO’s Designate. It should include, at a minimum
1. A summary of the evidence and findings presented to the investigator.
2. A recommendation with justification for a course of action, which might include, but is not limited to:
  1. Remediation
  2. Reprimand
  3. Probation
  4. Suspension
  5. Dismissal
  6. No action is necessary.

Appeals

Grounds for Appeal

An appeal may be initiated based on one or more of the following grounds:

Procedural errors or irregularities in the decision-making process.
Insufficient consideration of relevant evidence or information.
New evidence or information that was not available during the original decision.
Unreasonable or unjust decision based on the available evidence.
Non-compliance with relevant policies, procedures, or regulations.

Appeal Submission

The appellant must submit a written appeal statement to the CDDH within five business days of receiving a decision.

The appeal statement should include the following:

Details of the decision being appealed, including the date and parties involved.
Grounds for the appeal, providing a clear and concise explanation of why the decision should be reviewed.
Supporting documentation, evidence, or information relevant to the appeal.
Any requested remedy or outcome sought by the appellant.

Appeal Review

The CDDH will conduct a review of the appeal.
The review may include a thorough examination of the appeal statement, relevant documents, and any additional information or evidence provided by the appellant.

Appeal Panel

An impartial appeal panel or designated appeal investigator will be appointed to review the appeal.

This will consist of individuals who have no prior involvement in the original decision or the appeal process and have appropriate expertise and knowledge in the area of the appeal.

Appeal Hearing

If deemed necessary, an appeal hearing may be conducted to allow the appellant an opportunity to present their case.

The appellant may be accompanied by a support person or representative during the appeal hearing, but as this is not a legal proceeding they may not be accompanied by legal representation.

Consideration of Information

The appeal panel/officer will carefully consider all relevant information, including the appeal statement, supporting documentation, and any additional evidence or information presented during the appeal process.

The panel/officer may seek additional information, conduct interviews, or consult with relevant parties to ensure a thorough and fair review.

Appeal Decision

Following the review and consideration of the appeal, the appeal panel/officer will render a decision based on the merits of the case.

The appeal decision will be communicated in writing to the appellant, providing the rationale for the decision and any applicable remedies or actions.

Implementation of Appeal Decision

The organization will take necessary actions to implement the appeal decision promptly.

The decision will be communicated to the relevant parties involved in the original decision and any other appropriate individuals or offices.

Finality

The appeal decision will be final and binding, subject to any applicable rights of appeal as outlined in AGPS policies, procedures, or regulations.

AGPS is committed to upholding the principles of fairness, transparency, and accountability in its decision-making processes. The process outlined in this policy provides individuals with a mechanism to seek a review of decisions that affect them, ensuring their rights are protected and that decisions are made based on the merits of each case. By adhering to this process, we demonstrate our commitment to the values of integrity, equity, and justice within our school community.

Sanctions During an Appeal

Any sanctions imposed related to the original complaint or grievance can be continued until the resolution of the appeal process, with the same stipulations. Please see the section Academic Standing Committee for more information on sanctions while the Academic Standing Committee is in progress.

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