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SECTION AF-R - DEALING WITH HARASSMENT

I COMPLAINT PROCEDURE

  1. General Information
  1. Complainant refers to the individual who believes he/she is being harassed and/or the individual who has filed a complaint of harassment. 
    2.  
  2. Respondent refers to the individual alleged to be the harasser and/or the individual against whom the complaint has been made. 
  3. A witness or third party to an incident of harassment may file a complaint of harassment. 
  4. All complaints of harassment will be acted upon in accordance with this procedure. Confidentiality will be respected, but when necessary, information will be shared on a need to know basis with affected and/or involved individuals. Complainants will be advised on the extent to which information may need to be shared and with whom. 
  5. An investigation will be conducted of all complaints of harassment. 
  6. Documentation of all harassment complaints (written complaint, record of investigation, and final disposition) will be retained confidentially at the Division Office. Information/Investigation files involving harassment complaints will: 

- be kept separate from the employee’s personnel file pending resolution of the complaint; 

- be kept separate from the student’s cumulative file pending resolution of the complaint. 

  1. In the event the allegations are substantiated through investigation, a summary of the investigation, final disposition, and any action taken shall be kept at the Division Office: 
bullet for staff, in the employee’s personnel file; 
bullet for students, in a personal file with a general reference in the student’s cumulative file to the complaint and contact person for information.

  1. In the event the allegations are not supported through investigation, a summary of the investigation, final disposition, and any action taken will be maintained confidentially by the Superintendent until: 
bullet for staff, the time at which the employee leaves the employ of the Division, when such documents will be placed in a sealed envelope in the personnel file; 
bullet for students, the time at which the student graduates from the public school system or reaches the age of 21, whichever comes first, when such documents will be destroyed. 

  1. These documents will be accessible to the Superintendent as documentation, and will be accessed only for information related to the specific incident documented. 
  2. Respondents will be advised that retaliation against the complainant or interference in the process of investigation will not be tolerated and, if such occurs, will result in immediate disciplinary or legal action for staff, and suspension or expulsion for students. 
  3. Complaints made in a malicious or vindictive manner, or which have no substantiation in fact may result in disciplinary or legal action for staff, and suspension or expulsion for students.
  4. The complaint procedures of the Division does not affect an individual’s right to file a complaint or respond to a complaint with the Human Rights Commission, Collective Bargaining Association, or other agency, or to seek other redress as provided under the law. 
  5. In the interests of all parties involved in a harassment situation, individuals are encouraged to identify their concerns in a timely manner. However, individuals may lodge a complaint at any time they feel they are being harassed. All complaints must be documented and signed by the complainant and/or an individual in authority. 
  6. A harassment complaint may be dealt with through either an informal or a formal resolution process. The complainant can obtain information on both processes when making a complaint. See appendix for Mediation Process Guidelines (informal) See each section for Formal Resolution. 
  7. In the complaint procedures outlined, should a respondent be an individual identified as a participant in the investigation or appeal process, the role of the respondent will be assumed by his/her supervisor. 
  8. A complaint involving an individual under the legal age of majority, which may be construed as child abuse, shall be dealt with according to the applicable legislation and School Division Policy JFJ – Child Abuse. 
  9. The Superintendent will ensure the appropriate persons are informed on the status of the complaint as necessary.
 

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