Under the Harassment and Discrimination Prevention and Response Policy
Purpose
This is the procedure under the Harassment and Discrimination Prevention and Response Policy (the “Policy”) for reporting information about Harassment, Discrimination, Reprisals and Systemic Discrimination in the University’s living, learning or working environments so it can be appropriately addressed by the University.
Individuals who allege that they have experienced Discrimination, Harassment or Reprisal do not file Reports, but should refer to the Harassment and Discrimination Complaints Procedure or the Alternative Resolution provisions of the Policy.
If a matter relates to Sexual Harassment or another form of sexual violence (as defined in the Policy on Sexual Violence Involving Queen’s University Students), and involves a student, a Report under this Procedure should not be filed; rather, the procedure set out in the Policy on Sexual Violence Involving Queen’s University Students must be followed.
To file a report, or for FAQs and training modules, click here.
Capitalized terms in this Procedure are defined in the Policy.
Duty to Report
1. All members of the University Community are encouraged to make a Report when they witness Discrimination, Harassment or Reprisal, or are aware of a policy, process, or other circumstance giving rise to Systemic Discrimination.
2. Persons of Authority shall make a Report when they witness or otherwise become aware of reliable information about Workplace Discrimination, Harassment, or Reprisal, or, of a policy, process, or other circumstance giving rise to Systemic Discrimination. Disclosure of information about Workplace Discrimination, Harassment, or Reprisal to a Person of Authority is not intended to be used as by a person who believes they have experienced Workplace Discrimination, Harassment, or Reprisal as a proxy for not using the Complaint Procedure.
Where, how and when to submit a Report
3. Reports shall be directed to the Office of Vice‐Principal (Culture, Equity, and Inclusion). If the Report concerns conduct of an employee(s) in the office of the Vice‐Principal (Culture, Equity, and Inclusion), the Report shall be made to General Counsel and the procedure below will be adjusted with the role of the Chair of the Intake Assessment Team being fulfilled by an individual appointed by General Counsel.
When a Report is received, the Vice‐Principal (Culture, Equity, and Inclusion) (or General Counsel, if applicable per #3 above) will assemble the appropriate Intake Assessment Team promptly to determine whether the matter will be referred for investigation and if so, to determine the appropriate Receiving Office.
4. A Report should be made as soon as possible after the person Reporting witnesses or becomes aware of the incident(s) to which their Report relates.
5. A Report must contain a detailed account of all facts alleged and must attach any documents that the person Reporting feels are relevant and to which they have access, and if possible, list other relevant documents of which they are aware but to which they don’t have access.
6. A Report should be made using the appropriate form available on the website of the Office of the Vice‐ Principal (Culture, Equity, and Inclusion).
Report intake and streaming
7. Subject to applicable law that might require an investigation, the Intake Assessment Team may decline to refer a Report for investigation if:
a. The Report is about a matter or issues not governed by the Policy;
b. the facts alleged, if proven to be true, would not constitute Harassment, Discrimination, or a Reprisal;
c. the substance of the Report is already the subject matter of another internal University proceeding (e.g., a grievance under a collective agreement);
d. the Report does not contain sufficient information. The Chair of the Intake Assessment Team may appoint a member of the Team to make appropriate follow-up inquiries and to report back to the Team to determine if the Report, amended with additional information, should be referred for investigation;
e. the Report is made more than one year after the incident(s) to which the Report relates. The Intake Assessment Team may accept a Report after the one-year period, if it is satisfied that the delay was incurred in good faith and no substantial prejudice will result to any person affected by the delay;
f. the Respondent is no longer a member of the University Community. The Intake Assessment Team may accept a Report in these circumstances, which it will assess on a case-by-case basis. The University’s ability to investigate may be limited in such circumstances.
8. If the Intake Assessment Team decides not to refer a Report for investigation, the Chair, on behalf of the Intake Assessment Team, will advise the person(s) Reporting in writing:
a. of the reason(s) that the Intake Assessment Team decided not to refer the Report for investigation;
b. that the Intake Assessment Team will reconsider its decision if the person(s) Reporting submit substantial new factual new information; and,
c. about appropriate alternative(s) for seeking recourse or advice.1
9. Subject to any right to file a grievance under an applicable collective agreement the Intake Assessment Team’s decision is otherwise final and is not appealable.
10. Reports that the Intake Assessment Team refers for investigation will normally be referred as follows:
a. to the Office of Complaints and Investigations if the Complaint involves a Respondent(s) who is not a student (subject to (b) below), to be investigated in accordance with the Investigation Process;
b. to the Office of Complaints and Investigations if the Complaint involves a Respondent(s) who is a Medical Trainee (i.e., medical “Resident”) enrolled in the School of Medicine Postgraduate Medical Education Program for investigation under the Resident Harassment and Discrimination Investigation Procedure;
c. if the Report involves a Respondent(s) who is both a student and an employee, the Intake Assessment Team will determine which office (i.e., the Office of Complaints & Investigations or the Student Conduct Office) will be the lead office for investigation and the Report will be referred to that office2 ; and,
d. to Campus Security and Emergency Services for investigation in accordance with that office’s normal practices and procedures if the Report involves a Respondent(s) who is a visitor.
e. to the Vice‐Principal (Culture, Equity, and Inclusion) if the Report is about Systemic Discrimination (See 18‐21 below).
Record Keeping and Reporting
11. The Vice‐Principal (Culture, Equity, and Inclusion) will keep a record of all Reports for the purpose of administering the Policy and this Procedure and for the purpose of reporting on statistics and trends.
12. The Receiving Office creates an investigation file that will include all related communications, memoranda, reports, statements, and evidence. The Receiving Office is responsible for securing the file and all documentation in the file and for the retention and disposition of the file in accordance with its processes and record retention schedule(s).
13. The Receiving Office will report back to the Vice‐Principal (Culture, Equity, and Inclusion) as to the disposition of the Report.
Interim Measures / Early Resolution / Investigation
15. The processes referenced in the Complaint Procedure about Interim Measures, Early Resolution, and Investigation, will be followed with respect to Reports, with necessary adjustments, taking into account that there will not necessarily be an individual “Complainant” involved in the process but rather, the University will be considered the Complainant and the “Respondent(s)” is the alleged subject(s) of the Report.
16. All individuals involved in an investigation process will be advised of their duty to maintain the confidentiality of all information disclosed to them or by them, including any personal information.
17. Individual Discrimination: The Person who makes a Report about individual Discrimination or Harassment is not normally entitled to information with respect to the outcome of the investigation unless they are involved in the implementation of that outcome.
18. Systemic Discrimination: If a Report of Systemic Discrimination was referred to the Vice‐Principal (Culture, Equity, and Inclusion) the Vice‐Principal (Culture, Equity, and Inclusion) will forward that Report to the appropriate Vice‐Principal for inquiry.
19. The Vice‐Principal may assign the inquiry to an appropriate member of their staff.
20. In conducting the inquiry, the Vice‐Principal or their designate is encouraged to consult with the Office of Complaints and Investigations, and/or the Human Rights and Equity Office, and/or the University Ombudsperson.
21. The Vice‐Principal shall report back to the Vice‐Principal (Culture, Equity, and Inclusion) about the process for and conclusion(s) of the inquiry.
Reporting Procedure Flowchart
| Date Approved | May 7, 2021 |
| Approval Authority | Senior Leadership Team |
| Date of Commencement | September 1, 2021 |
| Amendment Dates | |
| Date for Next Review | |
| Related Policies, Procedures and Guidelines |