what to do

Complainant's Guide
• Intro
• Ontario Code
• What is harrassment?
• What can I do?
• Common Questions

Respondent's Guide
• Intro
• Ontario Code
• What is harrassment?
• What can I do?
• Common Questions

Complaints By Staff, Parents Or Visitors
• Definition Of Terms
• Procedure
• Responsibility
• Resources

Human Rights Complaints Made By Students
• Policy Statments
• Definition Of Terms
• Procedure
• Basic Information
• Investigation
• Third Party
Responsibility
• Resources

Human Rights Complaints made by Staff, Parents Or Visitors

HUMAN RESOURCES SERVICES 38

Definition
Of Terms

Complaint (formal) - Formal discrimination complaints must be in writing and signed by the complainant. They may be made either at the Peel District School Board's head office or at the school site where the complainant is based.

Complainant - A staff person, parent or visitor to the Peel District School Board who considers that she or he has been subjected to discrimination or discrimination-related reprisal, whether or not the individual lays a written complaint.

Respondent - A person named as discriminator by a complainant, whether or not a formal written complaint has been filed.

Discrimination - Any alleged behaviour that appears to meet the definition of discrimination outlined in the Board's Human Rights Policy (Policy 51).

Resource people - These include but are not limited to: superintendents, supervisors, principals and managers.

Designate - The person assigned by the Superintendent of Human Resources, Teaching Staff Services to investigate any formal written complaint. The designate may be the Human Rights Officer or the appropriate superintendent, depending on the circumstances of the situation.

Trivial/Frivolous - Trifling or inconsequential, of very little importance, not serious, e.g., boys/men not being allowed into the girls'/women's washrooms or vice versa.

Vexatious/Malicious intent - For the purpose of annoying or causing trouble, for a dishonest purpose and with sinister motivation, e.g., student allegation of sexual harassment by a teacher fabricated in retaliation for low grade received.

(back to top)

Procedure

• option of asking his/her principal or supervisor for help in resolving the complaint (provided he or she is not the person named as the offending party)

• right to lay a formal written complaint if the alleged discriminator is a member or employee of the Peel District School Board

• expectation that formal written complaints be laid within 6 months of the offending incident(s) unless a delay was:
  
  • a) justified because of extenuating circumstances, and
  • b) would not result in substantial prejudice to anyone
    
• availability of counselling and other support services offered by the school board
  
• right to be represented by legal counsel or another person of choice at any stage of the process where the complainant is required or entitled to be present (complainant will be responsible for any costs incurred)
  
• right to withdraw from any further action in connection with the complaint at any stage (although the Board may continue to pursue the matter)
  
  other avenues of recourse such as the right to file a complaint with the Ontario Human Rights Commission or, where appropriate, to lay an information under the Criminal Code or a grievance with a union, and
  
  time limits which may apply to such other avenues of recourse.
  

3. Option 1: Complaint lodged with principal, superintendent, supervisor, or manager

Complainants may decide to lodge a complaint with the person responsible for their location – the principal, superintendent, supervisor, or manager. Complaints may be either verbal or written. In either event, the person who receives the complaint must thoroughly investigate.

Investigation procedure

The person investigating will inform the respondent of the allegations, collect evidence, interview witnesses and otherwise investigate everything relevant to determining whether or not the allegations of discrimination are supported. He or she will keep records of the interviews.

All those interviewed for the investigation may be accompanied by a representative of their choice.

The person investigating may terminate the inquiry at any point if he or she concludes that the complaint was trivial or frivolous, vexatious or of malicious intent. In such circumstances, it may be appropriate to discuss with the complainant the impropriety of using this procedure inappropriately.

In cases where the investigator finds that the complaint was brought with malicious intent, the superintendent should also be notified.

Finding that the complaint is supported

Where the complaint is supported, the person investigating will determine what action is appropriate and advise both the complainant and the respondent of the final decision.

The person investigating will contact the complainant within four months after the conclusion of the matter to ensure that no recurrence of the problem has taken place.

Finding that the complaint is not supported

If the complainant is not satisfied with the outcome of the inquiry or any remedial action taken by the Peel District School Board, the complainant will be advised of the right to appeal to the Superintendent of Schools. To appeal, the complainant must submit the reasons in writing for questioning the outcome, along with any additional evidence that may have surfaced or come to mind.

4. Option 2: Complaint lodged with the Human Rights Officer

Alternatively, the complainant may decide to lay a formal written complaint through the Human Rights Officer at the Board’s head office. In that case, the Human Rights Officer will meet with the complainant to review the facts of the situation and explain to the complainant the three possible scenarios:

1. the alleged conduct appears to meet the Peel District School Board’s definition of discrimination, and the complainant wishes to lay a formal, written complaint.
   
2. the alleged conduct appears to meet the Peel District School Board’s definition of discrimination, but the complainant decides not to lay a formal written complaint
   
3. the alleged conduct does not appear to meet the Peel District School Board’s definition of discrimination.
   

5. Scenario 1: When the conduct appears to meet the definition of discrimination AND the complainant wants to lay a complaint (formal inquiry)

Assigning a designate

The Superintendent of HRS will assign a designate to investigate every formal written complaint. The designate may be the Human Rights Officer or the appropriate superintendent, depending on the circumstances. The inquiry will proceed under the direction of the Superintendent of HRS.

Documentation and Notification Process

If necessary, a resource person may be contacted to help the complainant draft a formal written complaint, detailing the particulars of the allegations including a description of each incident, and the name(s) of the person(s) involved.

The designate will give copies of the complaint, without delay, to the complainant, the respondent and copies to each of their Superintendents. These packages will also include:

• a copy of this operational procedure
• a letter of designation from the Superintendent of HRS
• a notice that either party has the right to be represented by legal counsel or other person of choice at any stage of the process when required or entitled to be present, and
• a statement that the Human Rights Officer will be available to all parties to handle questions or concerns during this process
  

The designate will file the complaint with the Superintendent of HRS without delay.

The designate will advise both parties that, even if the matter is resolved to the satisfaction of the complainant, the Peel District School Board may nonetheless be obliged to continue the inquiry into the complaint and to take whatever remedial action is appropriate.

Investigation procedure

The designate will collect evidence, interview witnesses and otherwise investigate all aspects of the matter relevant to determining whether or not the allegations of discrimination are supported.

All those interviewed for the investigation may be accompanied by a representative of their choice.

Members and employees of the Peel District School Board must make any information determined by the designate to be evidence or potential evidence available unchanged and without delay.

The designate may terminate the inquiry if at any point he or she concludes that the complaint was trivial or frivolous, vexatious or made with malicious intent, or without substance.

Report and Conclusion

Upon finishing the investigation, the designate will prepare a report for the Superintendent of HRS, who will review it and authorize its release to all parties to the complaint and to the respective superintendent(s).

The respondent and complainant will have ten (10) business days to respond to the report and bring forward any new evidence or information that should be considered before a final decision is made.

The Superintendent of HRS will review the responses to the report and consider whether or not to accept the report’s conclusion. He or she will determine what action, disciplinary or otherwise, is appropriate and advise both the complainant and the respondent in writing of the final decision.

Finding that the complaint is supported

If the inquiry finds that the complaint is supported, the outcome of the inquiry and any disciplinary action against the respondent will be recorded in a file in the office of the Superintendent of HRS. These written records will be kept for ten years, unless new circumstances dictate that the file should be kept for a longer period of time.

The Human Rights Officer will contact the complainant within four months after the conclusion of the matter to ensure that no recurrence of the harassment has taken place.

Finding that the complaint is not supported

If the complainant is not satisfied with the outcome of the inquiry or any remedial action taken by the Peel District School Board, the complainant will be reminded of the continuing right to file a complaint with the Ontario Human Rights Commission.

6. Scenario 2: The conduct appears to meet the definition of discrimination, but the complainant does not wish to lay a formal written complaint

Options and responsibilities

In some cases, the complainant may wish to have the Human Rights Officer speak to the alleged discriminator.

In all cases, the Human Rights Officer -- having received prima facie evidence of discrimination -- must decide whether or not to lay a formal written complaint (even against the wishes of the complainant) because of the Peel District School Board’s obligations under the Ontario Human Rights Code. The Human Rights Officer will discuss this decision with the Superintendent of HRS.

Decision not to lay complaint

Though the Superintendent, HRS may decide not to have the Human Rights Officer lay a formal written complaint, he or she may nevertheless direct the Officer to speak to the person involved (the alleged discriminator).

If the Human Rights Officer speaks to the person involved as directed by either the complainant or the Superintendent of HRS, the Human Rights Officer will keep a written record of that discussion.

If the Human Rights Officer does not speak to the person, no records will be kept.

Decision to lay complaint

Where the Superintendent of HRS decides that the evidence and the surrounding circumstances require laying a formal written complaint, the Human Rights Officer will:

• draft and sign a formal written complaint
• give copies of the complaint, without delay, to both the complainant and the respondent
• file a copy of the complaint in the office of the Superintendent of HRS.
  

7. Scenario 3: The conduct DOES NOT appear to meet the definition of discrimination

Agreement

If the complainant agrees with the Human Rights Officer that the conduct in question does not appear to meet the Board’s definition of discrimination, the Human Rights Officer will not take any further action, and will not make any record of the matter in any file.

Disagreement and appeal by complainant

If the complainant disagrees with the Human Rights Officer regarding whether the conduct in question appears to meet the Board’s definition of discrimination, the complainant may appeal by submitting his or her reasons in writing along with any additional evidence that may have surfaced or come to mind.

This appeal should be sent to both the Human Rights Officer and the Superintendent of HRS.

The Human Rights Officer will then consult with the Superintendent of HRS, who will direct the Officer to either:

• accept the formal complaint and commence a formal inquiry, or
• give the complainant a written explanation deciding against the appeal, together with suggestions as to what other resources might be available to assist him or her with the matter.

(back to top)

Third Party Responsibility

All individuals covered under this policy are responsible to act when they have knowledge of discrimination against a colleague, parent, or visitor. Third parties are expected to:

• encourage the complainant to review the Board’s Human Rights Policy and this accompanying operational procedure
  
• support the complainant in either approaching the person responsible directly and/or contacting a resource person for further assistance
  
• if the complainant decides not to take any action to deal with the conduct in question and the situation does not appear to improve, a third party must advise a resource person of the matter and provide all evidence and information available to her/him.
  

The resource person must then give this evidence and information to the Human Rights Officer and the Superintendent of HRS. Together they must assess the evidence and decide whether to investigate (even against the complainant’s wishes) in order to fulfill the Peel District School Board’s obligations and responsibilities the Ontario Human Rights Code. If they feel an investigation is necessary, they will encourage the complainant to participate and show consideration of the investigation’s impact on the complainant.

(back to top)

Complaint against the superintendent of human resources, teaching staff services

• a) Human Rights Officer, or the

• b) Associate Director of Educational Services
  

If allegations are brought to the attention of the Human Rights Officer, s/he will advise the Associate Director of Educational Services.

In either case, the Associate Director of Educational Services will consult with the Board’s counsel and hire an external investigator.

(back to top)

Complaint against an associate director

• a) Superintendent of Human Resources, Teaching Staff Services, or the

• b) Director of Education.
  

If allegations are brought to attention of Superintendent of Human Resources, Teaching Staff Services, s/he will advise the Director of Education.

In either case, the Director of Education will consult with Board’s counsel and hire an external investigator.

(back to top)

• a) Superintendent of Human Resources, Teaching Staff Services, or the

• b) Chairperson of the Board.
  

If allegations are brought to attention of Superintendent of Human Resources, Teaching Staff Services, s/he will advise the Chairperson of the Board.

In either case, the Chairperson of the Board will consult with the Board’s counsel and hire an external investigator.

(back to top)

Complaint against a trustee

• a) Superintendent of Human Resources, Teaching Staff Services, or the

• b) Chairperson of the Board (provided the chairperson is not person complained about).
  

If allegations are brought to attention of Superintendent of Human Resources, Teaching Staff Services, s/he will advise the Chairperson of the Board and the Director.

In either case, the Chairperson of the Board will consult with the Board’s counsel and hire an external investigator.

(back to top)

Complaint against the chairperson of the board

• a) Superintendent of Human Resources, Teaching Staff Services, or the

• b) Director.
  

In either case, the Director of the Board will consult with the Board’s counsel and hire an external investigator.

(back to top)

General to all

Resources

Policy 51

Human Resources Services 39

Human Resources Services 40

00 03 25

(back to top)

Human Rights Complaints Made By Students
• Policy Statments
• Definition Of Terms
• Procedure
• Basic Information
• Investigation
• Third Party
Responsibility
• Resources