Human Resources

Human Resources

Human Resources

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Information Reporting Procedure Questions and Answers

Background

What is the Reporting Procedure?

The purpose of this procedure is to provide a process for Employees, Persons of Authority (defined as any person who has charge of a workplace or authority over an employee), Human Resources, the Faculty Relations Office, the University Ombudsman, bargaining agents and University departments to report information about alleged Discrimination and Harassment under the Interim Workplace Harassment & Discrimination Policy.

This procedure is in place to ensure that the University responds appropriately to information about alleged Discrimination and Harassment in the workplace where the information is not submitted to Human Resources in the form of a Complaint directly by the Employee who has allegedly personally experienced Discrimination and/or Harassment (the Complainant).

This procedure does not override or diminish the rights provided to Employees under applicable collective agreements.

What is a Report?
A Report, within this procedure, has a very specific definition. It refers to the process of filing written documentation alleging Harassment and/or Discrimination in the Workplace. A Report is completed by anyone who has information regarding an alleged incident of Harassment and/or Discrimination, but has not personally experienced the alleged Harassment and/or Discrimination. While all Employees may file a Report, a Person(s) of Authority has a legal obligation to report information when they become aware of alleged Harassment and/or Discrimination. Other Offices and Departments may have a similar duty depending on their position within the University.
Who can use the Interim Workplace Harassment & Discrimination Information Reporting Procedure?
This procedure may be used by Employees, Persons of Authority, Human Resources, the Faculty Relations Office, Bargaining Agents, and University Departments to report information about Discrimination and/or Harassment under the Interim Workplace Harassment & Discrimination Policy. The Procedure seeks to ensure that the University responds appropriately to information about Discrimination and Harassment in the workplace where the information is not submitted to the Employee/Labour Relations unit in Human Resources in the form of a Complaint directly by the individual who has allegedly experienced Discrimination and/or Harassment. 

 

Procedures

What is the procedure for filing a Report?
  • Concerns relating to Discrimination, Harassment and/or reprisal are expected to first be raised through consultation with a supervisor or manager. All such Persons of Authority are expected to seek guidance from Human Resources in attempting to address and resolve concerns regarding workplace Harassment and/or Discrimination.  However, if an Employee’s supervisor or manager is allegedly involved in the Discrimination, Harassment and/or reprisal, the Employee’s concerns are expected to be raised directly with the Employee and Labour Relations Unit within Human Resources.
  • If allegations of Discrimination, Harassment and/or reprisal concerning another employee are not fully addressed and resolved by way of consultation with a supervisor or manager, a Report may be submitted to the Employee and Labour Relations Unit within Human Resources.  If an allegation involves a person who is employed in Human Resources, then the Report can be submitted directly to the Faculty Relations Office.  The Faculty Relations Office will ensure that the Report is addressed by individuals outside of Human Resources.
  • Similarly, if an allegation involves a person who is employed in the Faculty Relations Office, that Office will not be assigned primary responsibility for the Report.
  • Human Resources will provide a Report Form for submitting a Report. The Report Form is expected to be submitted to Human Resources in the format provided, attaching additional pages if required. Upon receiving a Report, Human Resources will immediately consider whether interim measures are necessary.  Based on a review of the Report Form, Human Resources will determine whether the conduct alleged in the Report amounts to Discrimination, Harassment and/or reprisal assuming all of the alleged facts were true.  If the information provided, assuming the alleged facts were true, support a finding that Discrimination, Harassment and/or reprisal has occurred, an investigation will be conducted.  Human Resources will establish an investigative process that is appropriate in the circumstances.
  • At any stage during this procedure an Alternative Dispute Resolution (“ADR”) process, such as mediation, can be pursued if the Respondents and Human Resources or the Faculty Relations Office (depending on which has been assigned primary responsibility for the Complaint), consent to the ADR being pursued.
  • At the conclusion of each investigation, Human Resources will ensure that any Employee who has alleged to have experienced Discrimination and/or Harassment and any Respondent(s) who is an Employee of the University is informed in writing of the outcome of the investigation, and of any corrective actions taken (if applicable). This information will be provided in accordance with the procedural requirements of any applicable legislation and/or collective agreements.
When am I required to submit a report?

Persons of Authority are required to Report information concerning Harassment and/or Discrimination to the Employee and Labour Relations Unit within Human Resources in any of the following circumstances:

  • An Employee expresses an interest in filing a Complaint and is seeking guidance from the Person of Authority.
  • The Person of Authority receives information suggesting that an Employee has faced adverse treatment on the basis of a Protected Ground under the Human Rights Code.
  • Information is received suggesting that there is a clear risk, or suggesting there has been an incident of Workplace Harassment under the Occupational Heather and Safety Act.
  • The University is involved in proceedings which require the disclosure of information.
  • Disclosure of information is otherwise required by law.

Person(s) of Authority include any person who has charge of a workplace or authority over a person. 

I am aware of an incident but it involves a supervisor/manager.  Who can I speak to?
Although concerns relating to Discrimination, Harassment and/or reprisal should first be brought to the attention of the relevant supervisor or manager, if that supervisor or manager is allegedly involved in Discrimination, Harassment and/or a reprisal for filing a Complaint or Report, then the concern should be raised directly with the Employee/Labour Relations unit in Human Resources.
An Employee has informed me of an incident and wants it to remain confidential.

Whether this information can remain confidential depends on your role at the University.  Any Person of Authority (defined as any person who has charge of a workplace or authority over an employee) at the University is legislatively required to Report all incidents of alleged Discrimination and/or Harassment, and therefore cannot keep the information entirely confidential.    A Person of Authority is expected to advise an employee of this obligation at the time that the information regarding alleged Harassment and/or Discrimination is communicated to the Person of Authority.

A Person of Authority is encouraged to advise the employee raising the concern that the University respects the privacy of individuals involved in reporting an incident, ensuring that information regarding a reported concern is only disclosed when it is necessary to investigate, to take corrective action, to implement measures to protect the health and safety of Employees, or to carry out any other actions that are legislatively required in the circumstance.  Personal information collected will be used only for the purposes of administering the Policy and will be disclosed only on a need-to-know basis, to the extent that disclosure is required to fulfill the University’s legal obligations under the Human Rights Code and the Occupational Health and Safety Act.  Personal Information collected, used and disclosed under this procedure will otherwise be kept confidential, and will be stored and disposed of in accordance with applicable legislation. Any documents related to an investigation will not be included in an Employee’s personnel file.

Can I be reprimanded for filing a Report?

It is expected that all Reports are submitted in good faith.  Malicious or bad faith Reports of Harassment and/or Discrimination mean that an individual has made a Report that the individual knows to be untrue.  The University considers any report submitted in bad faith to be a serious offense, in part because it may have serious adverse ramifications on the respondent.

If employees have any questions regarding the content of their Report, and/or the process of filing a Report, there are valuable resources at the University who may offer guidance. These include the Employee and Labour Relations Unit within Human Resources, the Faculty Relations Office, the Human Rights Office, and the Office of the University Ombudsman.  If you are a unionized employee, you may also consult with your Union Representatives.

Employees will not be reprimanded for submitting a Report that is put forward in good faith, or for participating in a related investigation.  If an employee believes that they are facing reprisal for submitting a Report, they are encouraged to first raise the matter with the Employee and Labour Relations Unit within Human Resources.  If the issue is not resolved through this avenue, the employee may follow the Complaints procedure to seek redress.