Investigation Process Questions and Answers
If upon review of a Complaint or Report, Human Resources determines that the allegations in the Complaint or Report, if true, would violate the Interim Workplace Harassment & Discrimination Policy, then an investigation will be commenced.
When an investigation is to be conducted, Human Resources will establish an investigation process that is appropriate in the circumstances. At a minimum, any investigation will provide a reasonable opportunity for all parties (Complainant(s) and Respondent(s)) to understand the allegations and to submit relevant information. For example, an investigation may include written submissions or witness interviews, depending on the severity of the allegations.
The University is required to ensure that individuals involved in an investigation, or their respective bargaining agent(s), where applicable, are informed of the commencement of the investigative process in each particular case. Human Resources and/or the Faculty Relations Office will ensure that the procedural rights granted to those individuals under their respective collective agreements are maintained.
Both the Reporting and Complaints Procedures under the Interim Workplace Harassment & Discrimination Policy contain extensive provisions with respect to confidentiality. Information about a Complaint or Report is only disclosed as necessary for the purposes of investigating Complaints or Reports, taking corrective action, implementing measures to protect the health and safety of a member of the University community, or as otherwise required by law. Physical documents created in relation to an investigation are kept in a confidential file in the Employee/Labour Relations unit of Human Resources or the Faculty Relations Office and are not included in personnel files. Only authorized individuals have access to documents created or received as part of an investigation. All individuals involved in an investigation are advised of their duty to maintain the confidentiality of all information shared by them or disclosed to them during an investigation.
Where interviewees require accommodation on the basis of a protected ground, they are expected to advise the investigator or the Employee and Labour Relations Unit within Human Resources of their needs. This must be done at least 36 hours in advance of the interview as the investigator may require this amount of time to make appropriate arrangements. Such arrangements could include measures such as finding an alternate meeting space, locating a translator or sign language interpreter, or seeking medical information regarding limitations and restrictions.
The best time to make such a request is upon receipt of a letter regarding the scheduling of an interview.