Principles

Principles governing the resolution of complaints under the AGPS Discrimination and Harassment Policy. 

Confidentiality and Privacy

All information furnished for the purpose of settling disputes under the AGPS Discrimination and Harassment Policy must remain strictly confidential, subject to the law and these principles.

• Complainants, respondents, and witnesses must cooperate in the process and are entitled to access personal information they have provided, as well as statements made. 
• Respondents must be given sufficient information to know the allegations made against them and to be able to meaningfully respond to these allegations.
• Complainants must have access to responses of other parties and witnesses to allow effective rebuttal and full participation in the process.

Personal information may only be collected, used, or disclosed when the said collection, use or disclosure is necessary to administer the AGPS Discrimination and Harassment Policy. Whenever personal information is collected, used, or disclosed, it must be collected, used, or disclosed lawfully and in accordance with these principles.

Reference may not be made to a complaint under the AGPS Discrimination and Harassment Policy in a respondent’s human resource file unless disciplinary action was taken against the respondent. In the event of disciplinary action being taken, retention of information in the respondent’s human resource file is subject to applicable Ontario law, and such relevant binding agreements as AGPS may be a party to. The same principle shall apply to students with the exception that information relating only to the student’s academic performance and necessary for the proper assessment of a student’s progress may be retained in the student’s file.

Before a final report resulting from an investigation is submitted to the CEO, the CDDH, or any other authorized person for review, a copy of the draft investigation report shall be provided to the complainant and the respondent so they can comment on the accuracy and relevance of facts.

The complainant and the respondent have a right to receive final reports resulting from an investigation after the said final reports have been received and reviewed by the CEO, the CDDH, or any other authorized person.

Parties are not permitted to share the draft or final report related to external investigations with anyone except, confidentially, with legal representatives or quasi-legal representatives and other persons who accompanied them to the meetings at which the complaint was investigated, adjudicated or mediated.

Non-Retaliation

AGPS strictly prohibits retaliation against individuals who initiate an appeal or participate in the appeal process, as well as those who support someone in doing so.

Any acts of retaliation will be subject to disciplinary action.

Record Keeping

The school will maintain accurate and confidential records of all appeals, including appeal statements, supporting documentation, appeal decisions, and any related correspondence.

Review and Continuous Improvement

This process will be periodically reviewed to ensure its effectiveness and compliance with legal obligations.

Feedback from the school community, appellants, and relevant stakeholders will be considered to make necessary improvements and updates.

Consequences of Policy Violation

Employees and faculty, including managers, who violate this policy may be subject to discipline up to and including dismissal. Managers who fail to take appropriate action to resolve complaints or who fail to act appropriately on findings of discrimination or harassment may be subject to discipline up to and including dismissal.

Students who violate this policy may be subject to discipline up to and including dismissal from the program they are registered in.

Managers, Deans and Directors have a duty to provide appropriate remedial education or training to employees, faculty or students found to have violated this policy; monitor future behaviour with a view to minimizing the likelihood of the behaviour complained of being repeated; and to provide such additional support as may be necessary in the circumstances.

Consequences can include but are not limited to:

• An apology
• Counselling at the expense of the respondent
• Education and training
• Verbal or written reprimand
• Suspension with pay
• Suspension without pay
• Transfer
• Termination of employment or enrollment

Interim Sanctions

Interim sanctions may be applied to any party to a formal complaint or report, as determined by the CEO, or CEO’s Designate in consultation with legal representatives, Deans and Directors, and senior administrators. Any interim sanctions that are put in place during an investigation are not a comment on guilt or innocence. They may only be imposed under the following guidelines:

1. Sanctions must be designed to have minimal impact while achieving the goals of the sanctions.
2. Notification of sanction must be accompanied by a written justification and a description of appropriate time or other limits and sent to the respondent as soon as the determination is made.
3. Sanctions are not indicative of guilt or a judgment on the complaint but a measure to prevent harm to the public, the respondent, and other members of the Adler community.
4. Once any investigations or committees are formed to investigate the complaint or report, the impact of sanctions will be evaluated and, if appropriate to the committee recommendations, mitigated in consultation with the respondent.

Timeframes

Each time frame outlined under this policy is the maximum time allowed for each activity. Parties involved in the resolution of discrimination or harassment issues or complaints, including managers, employees, students, faculty, and advisors, must make every effort to act expeditiously and to cooperate fully in the resolution of complaints.

1. All complaints under this policy must be filed within ninety days of the alleged incident.
2. At the time of filing a complaint, complainants must provide sufficient information to allow a thorough preliminary assessment. Complaints without sufficient information may result in an incomplete assessment of the complaint and may prejudice a fair investigation of the complaint.
3. At a minimum, the complaint 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
4. When extenuating circumstances exist, these timeframes may be exceeded. For example, the timeframe may be exceeded where the case is so complex that basic facts cannot be gathered within the permitted time frame. Timeframes may also be exceeded where the law requires specific timeframes to be adhered to.
5. Where timeframes are exceeded for the reasons stated above, the complaint process shall not be voided on the grounds of undue delay.
6. A person given the task of investigating a complaint by the CEO or CDDH shall advise the president of all complaints remaining open for more than six months after completion of the preliminary assessment.