Common use of Informal Process Clause in Contracts

Informal Process. 1) A member of the University community who feels he or she has been harassed or discriminated against should promptly contact the Harassment and Discrimination Coordinator. 2) In complaints in which the respondent(s) are unknown to the complainant or in situations in which the complaint is of a systemic nature, the complainant should consult with the Harassment and Discrimination Coordinator to seek a remedy through the informal process. 3) The Coordinator will meet with a complainant as soon as possible and do the following: a) identify options available to the individual; b) advise the complainant of his/her representation rights, including but not limited to, union representation and collective agreements; c) review informal means of resolving the problem including speaking or writing to the alleged respondent and/or requesting arrangements be made for a third party to facilitate an informal resolution; d) provide information on formal means of resolution; e) determine whether the individual should be encouraged to contact an appropriate body or individual such as the police, counselling services, sexual assault crisis centre; f) with the permission of the complainant, seek advice from appropriate University personnel without identifying the complainant or alleged respondent. If the complainant decides to move forward with a complaint the Harassment and Discrimination Coordinator will meet with the respondent(s) as soon as possible and do the following: a) identify options available to the individual respondent(s); b) review informal means of resolving the problem including arrangements to have a third party facilitate an informal resolution; c) advise the respondent(s)concerning his/her rights and responsibilities under this policy; d) assist the respondent(s) in understanding the complaint; e) advise the respondent of his/her representation rights including, but not limited to, union representatives and collective agreements.

Informal Process. 1) A member of the University community who feels he or she has been harassed or discriminated against should promptly contact the Harassment and Discrimination Coordinator. 2) In complaints in which the respondent(s) are unknown to the complainant or in situations in which the complaint is of a systemic nature, the complainant should consult with the Harassment and Discrimination Coordinator to seek a remedy through the informal process. 3) The Coordinator will meet with a complainant as soon as possible and do the following: a) identify options available to the individual; b) advise the complainant of his/her representation rights, including but not limited to, union representation and collective agreements; c) review informal means of resolving the problem including speaking or writing to the alleged respondent and/or requesting arrangements be made for a third party to facilitate an informal resolution; d) provide information on formal means of resolution; e) determine whether the individual should be encouraged to contact an appropriate body or individual such as the police, counselling services, sexual assault crisis centre; f) with the permission of the complainant, seek advice from appropriate University personnel without identifying the complainant or alleged respondent. If the complainant decides to move forward with a complaint the Harassment and Discrimination Coordinator will meet with the respondent(s) as soon as possible and do the following: a) identify options available to the individual respondent(s); b) review informal means of resolving the problem including arrangements to have a third party facilitate an informal resolution; c) advise the respondent(s)concerning his/her rights and responsibilities under this policy; d) assist the respondent(s) in understanding the complaint; e) advise the respondent of his/her representation rights including, but not limited to, union representatives and collective agreements. 4) No reprisals will be taken against individuals solely because they have sought advice pertaining to incident(s) of harassment and/or discrimination. 5) After a complaint is made the Harassment and Discrimination Coordinator, in consultation with the appropriate supervisory or academic personnel, will determine if any immediate action or interim measures are required to protect the University, its community, or any of its members. These measures may include, but are not limited to, limiting access to facilities, making arrangements for alternative grading or supervisory relationships, or discontinuing contact between the complainant and the respondent during the period of proceedings under this policy. 6) A third party, selected from a pool of qualified facilitators, trained in mediation and or conflict resolution requested to facilitate an informal resolution to a complaint shall attempt to bring about a resolution. At all times he/she shall respect confidentiality and shall understand that he/she cannot impose any form of discipline, sanction or redress. Such party shall not be called as a witness in any subsequent formal investigation under this policy. 7) A complainant may proceed directly to the formal complaint process, pursuant to the Harassment and Discrimination Policy, without having attempted an informal resolution. 8) A complainant may choose not to proceed to the formal complaint process, pursuant to the Harassment and Discrimination Policy, even if the informal resolution has proven to be unsuccessful. 9) A complainant may choose to proceed under the terms of the Ontario Human Rights Code, with a complaint either with or without attempting resolution as provided under this policy. A complainant may choose to institute criminal or civil proceedings with respect to the subject matter of a complaint being dealt with under this policy. Commencement of proceedings in the courts under the criminal or civil law with respect to the subject matter being dealt with under this policy will not necessarily affect the processing of complaints under this procedure. The right to institute civil proceedings as stated above shall not bar either the complainant or University from taking the position in any civil proceedings that the complainant’s right to seek redress for the alleged harassment/discrimination is restricted to the procedures under the Harassment and Discrimination Policy and that a Court has no jurisdiction to hear such claim.