Scope

This process applies to all members of the AGPS community, including students, faculty, staff, contractors, volunteers, and visitors. It covers complaints related to the Discrimination and Harassment policies and appeals.

Duties and Responsibilities

ADLER is responsible for complying with obligations under the Code, the OHSA and regulations, other relevant legislation, this policy and other policies, programs and procedures that support an inclusive, respectful workplace free from discrimination and harassment.

• The CEO of AGPS shall have primary responsibility for the implementation and publication of this policy.
• Faculty members, staff, and students of AGPS must demonstrate standards of behaviour consistent with the principles outlined in this policy.
• Faculty members, staff, and AGPS students must complete education and/or training on the content of this policy and associated programs (including relevant accessibility, employment, and human rights responsibilities).
• Existing faculty members, staff, and AGPS students must participate in education and/or training at least once a year. Newly appointed faculty members and staff as well as new students, must complete this education and/or training as part of their orientation and, in any event, not later than three months after arrival at AGPS.
• Every person at AGPS responsible for evaluating students or staff must integrate discrimination and harassment prevention responsibilities into performance commitments.
• Faculty members, staff, and students must immediately bring information about alleged criminal behaviour related to discrimination and harassment to the attention of their supervisors or a management representative designated for this purpose.
• The CEO must ensure this policy is posted in a conspicuous place in the AGPS workplace.
• When appropriate, the CEO or the CEO’s delegates must advise members of the public, including visitors to AGPS facilities or individuals conducting business with the school, that they are expected to refrain from discrimination or harassment of faculty members, staff, students, and other members of the public.
• This policy must be reviewed annually as provided in the Occupational Health and Safety Act. 

Human Rights Advisor

AGPS will appoint a neutral Human Rights Advisor who will provide information about human rights and this policy and procedure to any person who is concerned about possible harassment or discrimination within the organization. The Advisor will not act as an advocate for any person and will not provide legal advice, and will maintain the confidentiality of communications with them unless required to disclose information under a legal obligation.

Discrimination and Harassment Definitions

For purposes of this policy and the ADLER Complaint Resolution Process, and in accordance with the Human Rights Code, the Occupational Health and Safety Act and other legislation, these terms have the following meaning:

ADLER Community

Includes contractors, employees, guests of ADLER, members of the Board of Directors, members of committees established by ADLER, renters of ADLER facilities, researchers engaged by ADLER, students, visitors, and volunteers.

Adler Graduate Professional School Inc. (AGPS)

A professional school in Toronto, Ontario offering academic and professional programs of study.

Accessibility for Ontarians with Disabilities Act, 2005

The Ontario law intended to achieve accessibility for Ontarians with Disabilities with respect to goods, services, facilities, accommodation, employment, buildings, structures, and premises on or before January 1, 2025, by developing, implementing, and enforcing accessibility standards.

Alternative Dispute Resolution

Different ways parties to a dispute can resolve differences without a formal judicial or quasi-judicial hearing. ADR processes may include mediation, arbitration, and neutral evaluation. 

Annual Review

Review by AGPS of its workplace harassment policy in compliance with section 32.0.1 of the Occupational Health and Safety Act.

Assault

An intentional act that puts another person in reasonable apprehension of imminent harmful or offensive contact. There need not be actual contact for the assault to occur.

Bullying

The repeated treatment of a person by another or others designed to belittle, intimidate, or otherwise make that other person feel excluded, insecure, and/or unhappy. Bullying does not, however, include legitimate criticism of an employee’s or student’s performance or behaviour. 

An assertive management style that nonetheless treats employees and students with respect and dignity does not constitute bullying. 

Conflict of Interest 

This is a situation in which a person has an interest, direct or indirect, reasonably sufficient to influence or appear to influence the exercise of that person’s duties. The interest could be pecuniary. Conflicts of interest could also arise from professional or personal relationships or from the professional or personal relationships of members of the person’s immediate family. 

Actual influence is not necessary for a conflict of interest to exist. A reasonable apprehension that such influence exists is sufficient.

Cyberbullying

Cyberbullying occurs when a person is targeted by another person or persons with a view to being bullied, embarrassed, harassed, humiliated, intimidated, or threatened, using the internet, mobile technology, computers, or other digital technology whatsoever and wherever located. 

Discrimination

This is the act of making unjustified and potentially harmful distinctions between people based on the stereotypes of race, national or ethnic origin, colour, religion, age, gender, sex, sexual orientation, marital status, family status, disability, conviction for which the victim of discrimination has been granted a pardon, or other categories to which they belong or are perceived to belong. 

Any practice or behaviour, whether intentional or not, which has a negative impact on an individual or group based on one or more of the prohibited grounds under the Human Rights Code, except where the conduct is permitted under the said Human Rights Code. Discrimination may flow from unequal treatment or from the same treatment, which has an unequal effect on an individual or group in violation of the Human Rights Code.

Diversity

The existence and promotion of variations of different characteristics that make members of an organization unique. These characteristics include cognitive and intellectual skills and personality traits, in addition to identifiers such as race, age, gender, religion, sexual orientation, and cultural background and experiences. 

Employee

A person employed by ADLER in a capacity other than that of faculty member. 

Faculty Member

A person employed by ADLER as a professor, or instructor or in any other capacity of imparting knowledge to the learners at ADLER.

Harassment

This is as defined in the Ontario Human Rights Code and the Occupational Health and Safety Act, RSO 1990. It is engaging in a course of vexatious comment or conduct that is known or ought reasonably to be known to be unwelcomed.  Engaging in a course of vexatious comment or conduct against an employee, faculty member, or student or another worker in the workplace that is known or ought reasonably to be known to be unwelcome.

Hate Activity

Comment or actions against a person or group motivated by bias, prejudice or hate based on race, ancestry, national or ethnic origin, language, colour, religion, sex, age, mental or physical disability, marital status, family status, sexual orientation, or any other similar factor. Includes, but is not limited to, hate crime, hate propaganda, advocating genocide, telephone/electronic communications promoting hate, and the public display of hate through any notice, sign, symbol, or emblem.

Human Rights Code, R.S.O. 1990, c.H.19

Ontario law that protects persons from employment-related discrimination and harassment based on prohibited grounds and recognizes the dignity and worth of every person.

Investigation

Thorough, systematic attempt by an impartial person to learn the facts about a complaint under this policy to determine whether the policy has been violated.

Natural Justice

Any resolution process, whether formal or informal, must include the following principles of natural justice. Natural Justice shall underlie all policies and procedures with respect to disputes, including appeals, complaints, and grievances. Due processes presented herein are designed to be reasonable, understandable, and communicated to students, staff, and faculty in clear and unequivocal terms. 

Natural justice includes:

• The right to an impartial decision-making authority and  a fair hearing. 
• The right to notice – to be informed about accusations made against you and important information about a case in which you are involved
• The right to a fair hearing
• The right to adjudicators free from bias
• The right to be heard and present your point of view
• The process must be accessible and timely 

Manager

Any individual to whom human resource management powers, duties, or functions such as hiring, and terminating have been delegated. 

Occupational Health and Safety Act R.S.O. 1990, c.0.1 and its regulations

Ontario law that outlines legislative obligations to protect workers, roles and responsibilities for all parties, and penalties for unsafe working conditions and practices.

Poisoned Environment

This is a form of discrimination. Comments or actions made maliciously or with ill intent and intended to have or have the effect of demoralizing, humiliating, intimidating, or threatening any member of the AGPS community can have the effect of poisoning the work or study environment. A complainant need not be a direct target of these comments or actions to be adversely affected by a poisoned environment.  A poisoned work environment may result from multiple events or a serious single event, remark, or action.

Preliminary assessment

Initial review of issues, allegations, or complaints under this policy to clarify details, consider whether there has been a potential policy violation, and determine appropriate resolution mechanisms or other actions.

Prohibited (or protected) grounds.

Personal attributes that are recognized as the targets of harassing and discriminatory actions under the Ontario Human Rights Code (OHRC).

In Ontario, discrimination based on any of the protected grounds of the OHRC is prohibited. The grounds are listed below.

• Age
• Ancestry, colour, race
• Citizenship
• Ethnic origin
• Place of origin
• Creed
• Disability
• Family status
• Marital status (including single status)
• Gender identity, gender expression
• Receipt of public assistance (in housing only)
• Record of offences (in employment only)
• Sex (including pregnancy and breastfeeding)
• Sexual orientation.

Reprisal

An adverse action against any member of the ADLER community who exercises the right under this Code of Conduct or ADLER Workplace Discrimination and Harassment Policy for acting in compliance with the Code of Conduct and/or the ADLER Workplace Discrimination and Harassment Policy, for seeking the application of the Code of Conduct or ADLER Workplace Discrimination and Harassment or for participating in a process arising from these two policies.

Respondent

Person alleged to have harassed or discriminated against the complainant.

Student

Any person enrolled to learn or study at ADLER for a degree, certificate or any kind of programme, regardless of the duration of the programme.

Worker

Has the same meaning as defined in s.1 of Occupational Health and Safety Act and means “a person who performs work or supplies services for monetary compensation but does not include an inmate of a correctional institution or like institution or facility who participates inside the institution or facility in a work project or rehabilitation program.”

Workplace

Has the same meaning as defined in s. 1 of Occupational Health and Safety Act and means “any land, premises, location or thing at, upon, in or near which a worker works.”

Workplace restoration

Promoting and/or restoring positivity and respect in workplace relationships following a complaint of discrimination or harassment.

OBJECTIVE

Adler Graduate Professional School (AGPS) is committed to creating and maintaining a work and study environment in which people are treated with decency, dignity, and respect. We aim to create a work and study environment characterized by mutual trust and the absence of intimidation, oppression, and exploitation. We recognize the right of employees and students to work and learn in a safe yet stimulating environment. This is an important goal of AGPS.  Consequently, AGPS will not tolerate unlawful discrimination or harassment of any kind, and AGPS will enforce this policy and seek to prevent, correct, and discipline behaviour that violates this policy.

All employees, students, and others lawfully in the AGPS workplace, regardless of their status in the organization or broader society, are expected to comply with this policy and to take appropriate measures to ensure that prohibited conduct does not occur.  

Disciplinary action will be taken against any employee, contractor or student who violates this policy. This may include verbal or written reprimand, suspension, or termination of employment or expulsion from studies. 

principles

AGPS is committed to an inclusive, diverse, equitable and accessible work and learning environment and promotes social equality, acceptance, understanding, and respect among its students, graduates, faculty, staff, clientele, and society. ADLER will not tolerate workplace discrimination or harassment.

• Every employee, student, faculty and/or staff member has the right to work in an inclusive, respectful workplace free of discrimination and harassment.
• All employees are responsible for respecting the dignity and rights of coworkers and the public they serve.
• All students are responsible for respecting the dignity and rights of fellow students, faculty and staff members, and all persons they encounter while studying at ADLER.

ADLER is committed to the prevention of discrimination and harassment and considers this to be a shared responsibility involving all members of the ADLER community.

• Consistent with ADLER belief that the basic and material component of human services is relationships, including professionals’ relationship with themselves, regular education and training about rights and responsibilities under this policy is required to fulfill obligations under the Canadian Charter of Rights and Freedoms, the Ontario Human Rights Code, other relevant laws, and this policy.
• ADLER employs proactive, cost-effective strategies that reflect the school’s core values of integrity, authenticity, creativity, courage, continued learning, self-responsibility, appreciation of uniqueness, collaboration, and compassion in preventing discrimination and harassment
• ADLER prevention strategies rely on critical analysis of relevant data, the various dimensions of diversity such as race, gender, age, mental or physical disability, sexual orientation, and policy and program measures
• Allegations of discrimination and harassment are treated seriously and handled confidentially in a dignified and respectful manner in accordance with this policy and applicable.
• The needs of persons with disabilities must be accommodated in compliance with relevant law to enable full participation in prevention and resolution processes.
• Enforcement of this policy must be in conformity with the principles of natural justice.

PROHIBITED CONDUCT 

Prohibited conduct includes any breach of the Adler Graduate Professional School Code of Conduct.

ADLER, in compliance with the Canadian Charter of Rights and Freedoms, the Ontario Human Rights Code, and all other relevant laws, enforces this policy in accordance with the following guidelines:

(See following sections for specific conduct)

Discrimination

It is a violation of the ADLER’s policy to discriminate in the provision of academic and employment opportunities, benefits, or privileges; to create discriminatory work or learning conditions; or to use discriminatory evaluative standards in employment and learning if the basis of that discriminatory treatment is, in whole or in part, related to the protected grounds outlined in the Ontario Human Rights Code. 

Harassment and Sexual Harassment

Please see the Section Sexual Misconduct for the full Sexual Misconduct Policy.

DISCIPLINARY MEASURES

Any employee or student who engages in harassing behaviour, whether sexual or non-sexual, is subject to investigation, adjudication and disciplinary measures, which includes termination of employment or student status.

Retaliation

No hardship, loss, benefit, or penalty may be imposed on a student or employee in response to:

• Filing or responding to a bona fide complaint of discrimination or harassment.
• Appearing as a witness in the investigation of a complaint.
• Serving as an investigator of a complaint.

Retaliation or attempted retaliation in response to lodging a complaint or invoking the complaint process is a violation of this policy. Any person who is found to have violated this aspect of the policy will be subject to disciplinary action up to and including termination of employment or expulsion from ADLER.

SEXUAL VIOLENCE AND SEXUAL MISCONDUCT POLICY

Introduction

Adler Graduate Professional School (“AGPS,” “ADLER,” or the “School”) recognizes the need to provide students with a safe and respectful environment. This policy is excerpted from the following.

• Workplace Discrimination and Harassment Policy
• Adler Graduate Professional School Code of Conduct
• Adler Graduate Professional School Dispute Resolution Process

 

The policy applies to all students, staff and faculty. Sexual misconduct, including sexual harassment, sexual assault, and sexual violence, is prohibited for any member of the Adler Community.

Particular provisions for sexual misconduct by an employee or contractor are defined by Ontario legislation Bill 26: Strengthening Post-secondary Institutions and Students Act, 2022.

To report sexual misconduct violations, please use the Complaints Procedure, listed in Section [add here]

Definitions

Sexual Assault

Sexual Assault is covered under the Criminal Code of Canada and includes any assault of a sexual nature that violates the sexual integrity of the victim. Canada has a broad definition of sexual assault. It includes all unwanted sexual activity, such as unwanted sexual grabbing, kissing, and fondling as well as rape.

In this policy, it is defined to include behaviours that range from verbal obscenities to penetration. Sexual assault is an act of power and control that need not be physical. For example, obtaining sexual favours through extortion involving verbal threats, which the victim, with no reasonable option other than to comply, is sexual assault.

Sexual Harassment

Under the Ontario Human Rights Code, sexual harassment is engaging in a course of vexatious comment or conduct that is known or ought to be known to be unwelcome. Causing an employee or a student to submit to harassing conduct, whether explicit or implicit, as a term or condition of a person’s employment or educational progress is sexual harassment.

Behaviour characterized by unwelcome and inappropriate sexual remarks or physical advances in the workplace or other professional or social situations connected to the workplace.

A more detailed definition is found in the section entitled Sexual Harassment.

Sexual Misconduct by an Employee or Contractor

This entails:

(a)  physical sexual relations with the student, touching of a sexual nature of the student, or behaviour or remarks of a sexual nature toward the student by an employee where:

• the act constitutes an offence under the Criminal Code (Canada),
• the act infringes the right of the student under clause 7 (3) (a) of the Human Rights Code to be free from a sexual solicitation or advance, or
• the act constitutes sexual misconduct as defined in the School’s employee sexual misconduct policy or contravenes the policy or any other policy, rule or other requirements of the School respecting sexual relations between employees and students, or

(b)  any conduct by an employee of the School that infringes the right of the student under clause 7 (3) (b) of the Human Rights Code to be free from a reprisal or threat of reprisal for the rejection of a sexual solicitation or advance (“inconduite sexuelle”).

Sexual solicitation and related reprisal

Solicitation or advance made by an employee, student, faculty member or anyone in a position to confer, grant, or deny a benefit or advancement to another employee, faculty member or student where the person making the solicitation or advance knows or ought reasonably to know that it is unwelcome; or a reprisal or threat of reprisal for the rejection of a sexual solicitation or advance where the reprisal is made or threatened by an employee or faculty member in a position to confer, grant or deny a benefit or advancement.

Sexual Violence

AGPS uses the term “sexual violence” broadly to describe any violence, physical or psychological, executed through sexual means or by targeting sexuality. This violence has many varieties and includes sexual abuse and sexual assault.

Sexual Harassment

Sexual harassment is specifically prohibited by the Canadian Charter of Rights and Freedoms as well as the Ontario Human Rights Code. Sexual harassment is unlawful and against ADLER policy.

There are two types of sexual harassment covered by this policy.

“Quid pro quo” harassment, where submission to harassment is used as the basis for academic or employment decisions. Employee benefits such as raises, promotions, and better working hours are directly linked to compliance with sexual advances. Therefore, only someone in a supervisory capacity (with the authority to grant such benefits) can engage in quid pro quo harassment. 

An example of this would be a supervisor promising someone better working conditions or even a pay increase if they go out on a date with them. Another example would be a professor or instructor telling a student that they risk failing their course if they do not have sex with them. 

Hostile environment harassment consists of the use of verbiage of a sexual nature, unwelcome sexual materials, or even unwelcome physical contact in the workplace. This includes texts, emails, cartoons, or posters of a sexual nature, vulgar or lewd comments or jokes, and unwanted touching or fondling.

A hostile work environment can be created by anyone in the workspace, be they supervisors, other employees and students or persons lawfully in the ADLER workplace. 

Sexual harassment occurs when unsolicited and unwelcome sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature:

• are made explicitly or implicitly a term or condition of employment or learning
• are used as a basis for an employment or learning related decision
• interfere with the performance of an employee or student or create an intimidating, hostile or otherwise offensive environment.

Sexual harassment can take different forms. The following examples of sexual harassment are intended to be guidelines and are not exclusive when determining whether there has been a violation of this policy:

• verbal sexual harassment includes innuendoes, suggestive comments, jokes of a sexual nature, sexual propositions, lewd remarks, and threats; requests for any type of sexual favour (this includes repeated, unwelcome requests for dates); and verbal abuse or “kidding” that is oriented toward a prohibitive form of harassment, including that which is sexual in nature and unwelcome.
• nonverbal sexual harassment includes the distribution, display or discussion of any written or graphic material, including calendars, posters and cartoons that are sexually suggestive or show hostility toward an individual or group because of gender or sexual orientation; suggestive or insulting sounds; leering; staring; whistling; obscene gestures; content in letters and notes, facsimiles, e-mail, photos, text messages, tweets and Internet postings; or other form of communication that is sexual in nature and offensive.
• physical sexual harassment includes unwelcome, unwanted physical contact, including touching, tickling, pinching, patting, brushing up against, hugging, cornering, kissing, and fondling and forced sexual intercourse or assault.

Courteous, mutually respectful, pleasant, consensual interactions between employees and students that are appropriate in the workplace and acceptable to and welcomed by both parties are not considered to be harassment, including sexual harassment.

Retaliation

No hardship, loss, benefit, or penalty may be imposed on an employee, contractor or student in response to:

• filing or responding to a bona fide complaint of discrimination or harassment
• appearing as a witness in the investigation of a complaint
• serving as an investigator of a complaint.

Retaliation or attempted retaliation in response to the lodging of a complaint or invoking the complaint process is a violation of this policy. 

Any person who is found to have violated this aspect of the policy will be subject to disciplinary action up to and including termination of employment or expulsion from ADLER.

Consensual Romantic or Sexual Relationships

Relationships between staff or faculty and enrolled students are prohibited during the time that a student is enrolled in any ADLER program. Such relationships tend to create conflicts of interest or the appearance of such conflicts.

In addition, such relationships may give rise to the perception by others that there is favouritism or bias in academic and administrative decisions affecting the student. It is recognised that, because of the uneven balance of power within these relationships, consent by a student is necessarily suspect and may reasonably be viewed as the result of coercion or intimidation.

The atmosphere created by such appearances of bias, favouritism, intimidation, coercion, or exploitation undermines the spirit of trust and mutual respect that is essential to a healthy work and learning environment.

If a faculty member enters a consensual relationship that is romantic or sexual in nature with a student, they should be aware that this constitutes sexual misconduct on the part of the faculty member.

Once the relationship is made known to ADLER, an investigation will be initiated by the CEO or the CEO’s designate to determine if the actions of the faculty member constitute sexual misconduct under this policy. The School will review the situation with the senior administration, bearing in mind all the facts and determine an appropriate course of action. The administration will take the option that is least disruptive to the student.

Disciplinary Measures Related to Discrimination or Harassment

Any employee or student who engages in harassing behaviour, whether sexual or non-sexual, is subject to investigation, adjudication, and disciplinary measures, up to and including termination of employment or student status.

Disciplinary measures related to Sexual Misconduct by a student.

If a student of AGPS commits an act of sexual misconduct towards a student, staff member or member of the faculty, AGPS may discipline or dismiss the student for that act. 

Discharge or discipline after an investigation of Sexual Misconduct by an employee or contractor of AGPS

If an employee or contractor of AGPS commits an act of sexual misconduct toward a student enrolled at AGPS, the School may discharge or discipline the employee for that act and,

the discharge or disciplinary measure is deemed just cause for all purposes, including termination of employment

the employee or contractor is not entitled to notice of termination or termination pay or any other compensation or restitution as a result of the discharge or disciplinary measure, and

despite subsection 48 (17) of the Labour Relations Act, 1995, and despite any provision of a collective agreement or employment contract specifying a penalty for the infraction, no arbitrator, arbitration board or other adjudicator shall substitute any other penalty for the discharge or disciplinary measure imposed by AGPS.

No re-employment

If an employee or contractor of AGPS commits an act of sexual misconduct toward a student enrolled at AGPS, and the School discharges the employee for this act or the employee resigns from their employment, AGPS shall not subsequently re-employ the employee or contractor.

Confidentiality Agreements

Confidentiality agreements that would prevent disclosure of sexual misconduct allegations by an employee are prohibited, with an exception if the confidentiality agreement is requested by the affected student.

Reporting Sexual Violence or Misconduct

Reports of Sexual Misconduct or Sexual Violence follow the Discrimination and Harassment Reporting Procedure. 

Reporting at the Time of the Incident

If you witness or experience sexual violence in the School and are able to report it at the time of the incident, please go to Student Services or any member of the faculty or administration. They will have the protocol for responding to incidents and will be able to provide support. 

Consider completing an Incident Report Form at the time of the incident or as soon as possible afterward to record as much detail as possible. The form is received by the VP Student Engagement and will only be shared with the CEO, Human Resources, or, in the case of an investigation, the investigator and any disclosures associated with an investigation.

Incident Report Form – Link

To make a formal Discrimination or Harassment Complaint, please see the Complaint Process for Discrimination and Harassment) 

Assumption of Good-Faith Reporting

AGPS will assume that all complaints are made in good faith until an investigation demonstrates otherwise. An individual making a complaint in bad faith will face investigation and consequences up to and including dismissal. 

A policy of believing survivors does not imply that there is an assumption of guilt. Instead, it assumes that the survivor has made the report in keeping with their understanding of an incident and that a full and respectful investigation is necessary to protect both the complainant and respondent. 

Off-Campus Incidents

Incidents of discrimination or harassment which occur between members of the Adler Community but occur off School grounds are considered to be violations of the AGPS Discrimination and Harassment Policy. To report an off-campus incident which you believe violates this policy, please use the same Complaint Procedure. 

Limitations of Anonymous Reporting

For legal reasons, AGPS cannot take action or investigate any individual based on an anonymous report. Anyone reporting a violation of the AGPS Discrimination and Harassment Policy must make an official, written complaint.

Anonymous reports can make the situation more frustrating for survivors of discrimination and harassment in that they feel they have spoken up, but no action is taken. We strongly urge anyone experiencing discrimination and harassment to speak to any member of staff,the administration, or the Human Rights Advisor to consider their options.

Individuals can make confidential reports, but ultimately, a respondent has the right to know who is making an accusation against them and the nature of the accusation. 

COMPLAINT PROCESS FOR DISCRIMINATION AND HARASSMENT

An employee or student who wishes to pursue a concern arising from alleged discrimination, harassment, or other unwarranted treatment may submit a complaint in accordance with the AGPS Complaints Process. 

This process should be used in the following circumstances.

• To report that you have been discriminated against or been harassed by a member of the AGPS Community (staff, faculty, or students).
  • See below for a definition of discrimination, harassment, or sexual harassment.
• An Academic Conduct Report, Academic Performance Report, or an Academic Appeal has been determined to involve discrimination or harassment.

A person receiving an Academic Report or referral will consult with the Dean of Students, VP of Student Engagement or the CEO’s designate to determine if a case falls within the scope of the Discrimination and Harassment Policy.

Responsibilities

These responsibilities apply to all members of the Adler Graduate Professional School community.

• Recognise that diversity, equity, and inclusion are part of the philosophical foundation of AGPS.
• Be courteous, respectful, and measured when engaging in dialogue with other members of the AGPS community.
• Be familiar with this policy, promote the policy, and participate in education and awareness programs related to this policy.
• Take every opportunity to prevent discriminatory and harassing behaviour and, when safe to do so, tell perpetrators of unwelcome speech or actions to desist from this behaviour. 
• Notify the relevant authorities in a timely manner of complaints under this policy, following the complaint filing protocols outlined in this policy.
• When an investigation is instituted under this policy, cooperate fully.
• Respect the right of every member of the AGPS community to complain under this policy, and do not threaten, intimidate, or retaliate against another member of the community for exercising this right.
• Exercise rights under this policy honestly and in good faith.
• Meet such performance commitments and standards as may be set from time to time with respect to the prevention of discrimination and harassment and the promotion of this policy.

Reporting Discrimination and Harassment

Student Support

Students wishing to make a formal Complaint of discrimination or harassment may contact either the VP Student Engagement or Student Liaison for support around issues of discrimination and harassment, policy or procedure. This is not a required step, and students can file a report directly if they choose to do so. 

VP Student Engagement – Annette Smith, asmith@adler.ca

Student Liaison – Fiona Haldane, fhaldane@adler.cax

Definitions:

Complainant

Person who alleges that they are a victim of discrimination or harassment.

Disclosure

An informal report regarding an event or a behaviour that was unwanted and might constitute discrimination or harassment made to a member of faculty or the staff. The school cannot act on a disclosure unless the individual makes a formal complaint. 

Investigator

A person appointed by the CEO’s Designate to investigate the circumstances surrounding a complaint. Depending on the nature of the complaint, this person may be internal or external to the school to avoid any perception of conflict of interest. 

CEO’s Designate for Discrimination and Harassment Complaints (CDDH)

This is the person designated by the CEO to receive formal complaints related to discrimination and harassment, currently Human Resources hr@adler.ca

Mediator – Internal 

An impartial member of the AGPS faculty or administration who is able to meet with the complainant and respondent, either together or separately, to guide them to a settlement before the case is referred to an external adjudicator.

Mediator – External 

A person external to the school who is appointed to guide the complainant and respondent to a settlement. This person will have training and experience in mediation. 

Respondent

The person the complainant is alleging has breached the Discrimination and Harassment Policy.

Relevant Legislation in Ontario

This policy and the AGPS Discrimination and Harassment Policy are based on the following pieces of Ontario Legislation

• Human Rights Code, R.S.O. 1990, c. H.19
• Ontarians with Disabilities Act, 2001, S.O. 2001, c. 32
• Occupational Health and Safety Act, R.S.O. 1990, c. O.1
• Post-secondary Education Choice and Excellence Act, 2000, S.O. 2000, c. 36, Sched.
• Bill 26, Strengthening Post-secondary Institutions and Students Act, 2022

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.

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. 

Complaint Form Link

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

dteplin@adler.ca

Students

VP Student Engagement

Annette Smith

asmith@adler.caretaliate

 

Student Liaison

Fiona Haldane

fhaldane@adler.ca

 

Staff

Human Resources

Tannis Maynard Langedijk

Evert Akkerman

hr@adler.ca

 

CEO

Chantal Hollander

chollander@adler.ca

 

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. 

1. 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.
2. 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. 
3. 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. 
4. 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.
5. 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
6. 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
7. 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.
8. 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. 
9. 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.
10. 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.
11. 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.
12. The recommendations of the investigator do not supersede the school’s obligations under the Strengthening Post-secondary Institutions and Students Act, 2022
13. 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

1. Within five business days of being appointed, the Investigator shall inform the complainant or respondent in writing of:
2. The nature of the complaint
3. Their rights in the process of resolution, including when and how they can submit documentation and who can attend any meetings.
4. 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. 
5. Parties can submit documentation or information to the Investigator at any time up to two business days before the interview.
6. 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.
7. 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.

ALTERNATIVE LEGAL REMEDIES

Nothing in this policy will prevent the complainant or the respondent from pursuing formal legal remedies or resolution through the courts of Ontario or any other competent jurisdiction in Canada.

LIMITATIONS OF THIS POLICY

The following instances are typically not included in a grievance or complaint procedure:

• Dissatisfaction with a School Policy or Procedure or its general application on the grounds that it is generally unfair or inappropriate. In the case of such dissatisfaction, students, faculty, employees, and other stakeholders are represented on various governance committees through which their input into School Policy and Procedures is welcome.
• Purely personal conflicts with ADLER faculty or other employees
• Complaints regarding program requirements or grades except where they have been applied or determined contrary to stated policy.