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Human Rights Complaints Made By Students
HUMAN RESOURCES SERVICES 39
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Policy Statement
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Principals are responsible for the educational environment in their respective schools. |
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Definition
Of Terms
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Complainant - A student who considers that she or he has been subjected to discrimination or discrimination-related reprisal.
Respondent - A person named as discriminator by a complainant.
Discrimination - Any alleged behaviour that appears to meet the definition of discrimination outlined in the Board’s Human Rights Policy.
Resource people - These include, but are not limited to: teachers, guidance counsellors, principals, the Equity/Race Relations Officer, and the Human Rights Officer.
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.
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Procedure
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Tell a responsible adult
Students who feel that they are experiencing discrimination should bring the issue to the attention of the principal, a teacher, staff person, or the Equity/Race Relations Officer.
This person will report the incident to the principal, unless the principal is the person named by the complainant, in which case they will report it to the superintendent. In either situation, the person will first tell the student that they will be having further discussions about the matter and with whom they will be doing so.
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Basic Information
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The principal (or superintendent if appropriate) will advise the student complainant of the:
- option of having a facilitated meeting with the respondent
- availability of counselling and other support services
- expectation that complaints will be laid within 6 months of the offending incident(s) unless a delay was:
- I. justified because of extenuating circumstances, and
- II. would not result in substantial prejudice to anyone
- 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; and
- time limits which may apply to such other avenues of recourse.
Note: Principals or supervisors may consult with the Human Rights Officer at any time.
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Investigation
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All complaints must be thoroughly investigated by the school principal (or superintendent, if more appropriate).
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. Students may request that their parents/guardians be advised that they are being interviewed. They may also request that a parent/guardian be present during the interview.
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 have a meeting with the student and the student’s parent/guardian to discuss 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.
Conclusion and outcome
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 principal (or superintendent) 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 disciplinary 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.
The complainant will also be reminded of the continuing right to file a complaint with the Ontario Human Rights Commission.
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Third Party Responsibility
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All individuals covered under this policy are responsible to act when they have knowledge of discrimination against another student 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 principal or superintendent. 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 under 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.
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Resources
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Policy
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03 25
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Responsibility