Harassment and Discrimination Procedure for Students

1. Introduction and Purpose

Loyalist College is committed to providing an environment that is free of discrimination and harassment in which all individuals are treated with respect and dignity. Harassment and discrimination will not be tolerated, condoned, or ignored at Loyalist College.

The college is also committed to preventing, identifying, and addressing conduct that would constitute harassment or discrimination. The college will enforce the rights and responsibilities of individuals using the Human Rights Code (the “Code”), the obligations within both the Minister’s Directive on Anti-Racism/Anti-Hate andthe Strengthening Accountability and Student Supports Act, and the Student Code of Conduct.

Students are personally responsible for their behaviour and conduct at all times. Loyalist College equally expects every student to conduct themselves in a way which supports the college’s commitment to a harassment and discrimination free environment.

The college may take actions which diverge from this procedure and the associated policy when:

• the safety of college community members is deemed to be at risk, or,
• a violation is deemed to be so serious that immediate action is required, or
• another action is necessary to ensure that the college meets its legal obligations.

2. Application

This procedure applies to incidents of harassment and/or discrimination that involve a student as either the complainant or respondent. If the complainant or respondent is an employee or volunteer, the incident should be reported to Human Resources and addressed through ADMIN 127 Harassment and Discrimination Procedure for Employees.

If a contractor working with Loyalist College has been involved in an incident of harassment and discrimination, they should contact their manager, who will contact either the Student Conduct and Accountability Office or Human Resources. If an incident of harassment or discrimination does not involve a student, employee, contractor, or volunteer, it should be reported to Loyalist College Security.

An incident of harassment or discrimination may involve various members of the college community.  As a result, the execution of this procedure may overlap with ADMIN 127 Harassment and Discrimination Procedure for Employees. The Student Conduct and Accountability Office, Human Resources and Loyalist College Security will work together to support all parties to ensure procedural fairness and a timely investigation process.

Sexual violence and sexual harassment are covered under ADMIN 125 Responding to Sexual Assault and Sexualized Violence.

All college-sanctioned activities and functions are covered by this policy. This policy extends beyond the physical boundaries of Loyalist College, including placements, college-owned and operated student residences, field trips, and social events, regardless of whether they take place on or off college premises. It applies to virtual harassment by individuals who communicate harm indirectly or directly by means of computers, mobile phones, and other electronic devices.

3. Roles and Responsibilities

Loyalist College and its employees are responsible for:

• Ensuring that students are safeguarded from harassment and discrimination in the college environment.
• Fostering a harassment and discrimination-free learning environment and setting an example with respect to appropriate behaviour.
• Addressing harassment and discrimination situations immediately upon becoming aware of them, whether a harassment or discrimination complaint has been made.
• Ensuring harassment or discrimination situations are dealt with in a sensitive and confidential manner in accordance with this procedure.

All Students are responsible for:

• Ensuring that they do not engage in the harassment or discrimination of others in the college community.
• Reporting harassment and discrimination to the Student Conduct and Accountability Office, including witness incidents.
• Cooperating and participating with a harassment or discrimination inquiry or investigation in good faith while respecting the privacy and confidentiality related to the inquiry or investigation process.
• Refraining from retaliation against anyone involved in a harassment or discrimination report or investigation.
• Complying with the outcomes and resolutions of harassment, discrimination, or hate-related investigations.

All Students can expect:

• A harassment and discrimination free environment.
• That reported harassment and discrimination will be dealt with in a timely, confidential, and effective manner.
• To be treated fairly and with respect throughout the complaint process.
• To be informed of their rights and participate in the complaints process, and available support services throughout the investigation.
• To receive clear communication regarding the outcome of their complaint, within the limits of confidentiality.
• To be protected from retaliation for reporting harassment and discrimination or participating in an inquiry or investigation.

External Responsibility

In the event that a student brings a harassment or discrimination complaint arising out of an experiential learning setting, that complaint will use the applicable policy of the external organization. If the external organization does not have a harassment or discrimination policy and procedure, or it does not apply to the alleged respondent, the student should pursue the complaint under the Ontario Human Rights Code. The college will provide support to the student in either case. The Director of Experiential Learning or designated college representative will maintain regular communication with the student to ensure their well-being and liaise with the external organization as needed.

4. Responding to Harassment and Discrimination

Every situation is unique in terms of the circumstances surrounding incidents of harassment and/or discrimination and the needs and interests of those involved. Therefore, the college provides multiple, flexible, and timely resolution options for addressing and resolving complaints of harassment and/or discrimination or resolving conflict prior to their escalation. By providing multiple options for resolution, students may choose the course of action, where appropriate, that will best meet their individual needs and the specific situation.

If, at any stage in this procedure, the matter is dealt with to the satisfaction of the parties involved, the matter will be considered resolved.

4.1 Supports for Students

The college will make best efforts to identify supporting resources available to all parties involved while maintaining procedural fairness and meeting all applicable legal obligations. Support may be provided before, during, and/or after a process described in this policy and may include accommodations under the Ontario Human Rights Code or other modifications to the process that may mitigate the potential for trauma or re-traumatization. While the college will collaborate with an individual to determine their need for support, support will be provided at the college’s sole discretion. The college will make best efforts to limit a party’s exposure to trauma in this process, while meeting its legal obligations and maintaining procedural fairness to the parties.

4.2 Support Persons

A complainant or respondent may wish to bring a support person with them while reporting an incident or during the investigation process to provide emotional support and take notes. Support persons may not question, comment, or interfere during the proceedings. Support persons may include, but are not limited to, interpreters, accessibility aides, elders or knowledge keepers (including individuals from the Tsi Titewaya’taró:roks Indigenous Centre), friends, relatives, and Student Government. Support persons must maintain confidentiality and avoid conflicts of interest (e.g., being involved in the incident or related investigation). Support persons are commonly not legal advisors or lawyers. 

4.3 Withdrawal of a Complaint

The complainant may withdraw the complaint at any stage of the process.

If the complainant decides not to pursue their complaint through the procedure outlined, the college maintains the right to determine that the matter should continue to be pursued and, if appropriate, addressed. The college will determine the appropriate process to pursue the matter.

Situations where the college may decide to continue action may include, but are not limited to:

• Instances of a pattern of concerns or complaints which may suggest the existence of a problem that has not been adequately or effectively addressed.
• Instances where there is reason to believe that a systemic problem exists which causes, encourages, or contributes to harassment or discrimination.

4.4 Interim Measures

The rights and privileges of a respondent may be restricted by the college before it makes a final determination about the alleged misconduct with the use of interim measures. For example, a respondent may be restricted from entering certain parts of campus.

Interim measures are imposed to protect the interests of both parties. Such interim measures will be imposed only as necessary. The college will take steps to minimize the impact of interim measures on respondents. Respondents may ask the college to review a decision to impose interim measures, but only to address the impact of the imposed measure and the preference of other alternatives.

5. Procedure

Step One: Intake

In instances where a harassment and discrimination incident involve a student; the intake process will be carried out by the Student Conduct and Accountability Office. Other offices (such as Human Resources) will work closely with the Student Conduct and Accountability Office during the complaints process if the incident involves another college community member that is not a student.

An intake officer from the Student Conduct and Accountability Office will meet with the complainant to:

• record the concerns and allegations and prepare a statement of complaint or support the student in completing the Appendix A Formal Complaint Form themselves (available on the college website or through the Student Conduct and Accountability Office).
• ensure the complainant fully understands the policy and procedure, the multiple resolution options available within the broader categories of informal and formal resolution, and what may result from the decision to file a complaint.
• explain the necessity and limitations of confidentiality within the process. When making a report to any college office, individuals will receive clear and transparent information including how records will be securely stored, who will have access, and that records will be retained for at least one year after resolution.
• advise of their right to procedural fairness, including the right to file a written complaint; the right to be informed of the complaint and provided an opportunity to respond to the allegations; the availability of counselling or additional resources as applicable; and the right be accompanied by a support person as defined by this procedure.

The formal complaint must include the nature of the allegations, the name of the respondent (if known), the relationship to the respondent, as well as the location(s), the date(s), and a detailed description of any relevant incidents. The complaint will also include any actions taken to date, any witnesses, and any other relevant information regarding the instance(s). The Student Conduct and Accountability Office will communicate with the complainant no more than 30 days from filing the complaint.

All information will be collected in a confidential manner and the college will make best efforts to limit the number of times a complainant will need to repeat their allegations against a respondent.

Step Two: Informal Resolution

After the completion of the intake process, the Student Conduct and Accountability Office will meet with the parties to determine their interest in an informal resolution.

An informal resolution provides an opportunity for the parties involved in a complaint or report under this policy to explore methods of resolution other than a formal investigation. Wherever possible and appropriate, self-managed or alternative resolution of complaints will be attempted before formal resolution is initiated. These processes may utilize a direct approach, education, a facilitated approach, or a combination of a variety of informal resolution processes.

If both parties agree, the Student Conduct and Accountability Office will collaborate with the parties to determine the appropriate framework for informal resolution.

Either party may end their participation in informal resolution during the process at their sole discretion. The college may end informal resolution on reasonable grounds (i.e., if resolution does not appear possible, if the parties stop participating in good faith, etc.).

Step Three: Investigation

If the parties do not agree to attempt an informal resolution, or if an informal resolution does not resolve the matter, the college will initiate an investigation of the complaint and gather more information, where appropriate.

The investigation will be timely, fair, and aim to address all relevant issues. The length of time an investigation requires will depend on the nature of the circumstances and the complexity of the incident or complaint. The college recognizes that these processes may be stressful for the individuals involved, and as such, investigations will be conducted as quickly as possible while ensuring sufficient time for a complete, thorough, and fair investigation.

Investigators

All investigators, whether internal or external to the college, will have training and expertise in the areas of discrimination and harassment. Investigators will follow the mandate and scope of the investigation, as determined by the college.

Step Four: Notification of Decision

The parties will be provided with an investigation closure letter at the conclusion of the college’s investigation. The complainant has the right to know that corrective action has been taken because of the report, but not the specifics of any disciplinary action.

Step Five: Resolution

Measures taken to resolve a complaint of harassment or discrimination are intended to be corrective and preventative in nature and adapted to the specific situation. If the conclusion of an investigation reveals no finding of harassment or discrimination to have occurred, no remedial measures are required.

If a complaint can be resolved through a restoration or mediation, the Student Conduct and Accountability Office will meet with the parties to explore strategies to restore the relationship between the parties, if applicable. The restorative process should be no longer than 12 months from the time the complaint was received, and may include training, additional measures such as prohibited or restricted access to college locations, and/or disciplinary measures such as a reprimand or suspension.

Students who have been found to have harassed or discriminated against a student, employee, contractor, volunteer or visitor are subject to disciplinary action, up to and including expulsion.

6. Appealing the Outcome of an Investigation

A complainant or respondent may appeal the outcome of an investigation to the Senior Vice-President, Students (SVPS) in writing within 10 working days of the final decision being communicated. Appeals will only be considered on the following grounds:

• a significant error occurred where the procedures outlined in this Policy/Procedure were not followed correctly. Such errors must be substantive in nature and ones which could have affected the outcome of a complaint. Mere clerical errors will not normally constitute a significant error; or
• there is significant new evidence that was not available at the time of the decision, and which has the potential to change the original decision. Failure to present evidence that was available at the time of the original review but not presented does not constitute new evidence.

Upon receipt of an accepted appeal, the SVPS will provide a copy of the submission to the original decision maker, who will have 5 working days to submit a response. 

The SVPS will then review the investigation report, the original decision, the appeal submission, and the response. If the SVPS determines that a hearing is necessary, they will notify the parties of the hearing date and process. The hearing will be presided over by the SVPS, who will make a final decision based on the original information and the information gathered during the appeal process.

Parties may be permitted to bring a support person or advisor to the hearing, though they will not be permitted to actively participate. The appeal process is a review and not a re-investigation; no new evidence will be considered unless it meets the threshold for new evidence outlined above.

The SVPS will provide a written decision with rationale to the appellant within 20 working days of receiving the appeal, or as soon as reasonably possible. If a delay in this timeline is necessary, the appellant will be notified.  The decision will outline any remedial action to be taken, if applicable.

This decision is final and cannot be appealed further within the institution.  Parties with further concerns may seek external guidance as appropriate.

7. Related Documents

• ADMIN 127 Harassment and Discrimination Policy
• ADMIN 127 Harassment and Discrimination Procedure for Employees
• ADMIN 127 Appendix (A) Formal Complaint Form
• ADMIN 125 Responding to Sexual Assault and Sexualized Violence Policy
• ADMIN 125 Responding to Sexual Assault and Sexualized Violence Procedure
• Student Code of Conduct
• HR 100 Employee Code of Conduct

10. References

• Minister’s Directive on Anti-Racism/Anti-Hate
• Human Rights Code
• Strengthening Accountability and Student Supports Act