Complaints
Resolution Process
What is this page about?
What
Is The Human Rights Office?
Is My Concern A "Human Rights" Issue?
Does The Queen's Harassment/Discrimination
Complaint Policy and Procedure Apply To Me?
I Think I Have A Human Rights Issue....
What Can The Human Rights Office Do About
It?
What's The Difference Between The
Informal and Formal Procedures?
Am I Obliged To Confront The Person Who
Has Mistreated Me?
Will I Lose My Job Or Fail My Courses If
I Complain?
I'm Not Ready To Pursue A Complaint Right
At This Moment...Is There A Time Limit?
I Was Harassed By Another Queen's
Student, But It Happened Off- Campus... Can
The Human Rights Office Still Help Me?
Will My Concerns Be Kept Confidential?
Can I "Drop" My Complaint If I Decide At
Some Point That I Don't Want To Go Through
With This?
I Don't Think My Concern Is A Human
Rights Issue, But I Don't Know Where To Go
Now...
How do I contact an advisor?
Most of us instinctively believe that
"all beings are born free and equal in
dignity and rights", as articulated in the
1948 Universal Declaration of Human Rights.
However, most of us also realize that
discrimination and harassment remain
unfortunate realities in our society. You
may be reading this page because you feel
you've been treated unfairly and you wish
that something could be done about it. Or
perhaps you know of someone who has
experienced discrimination or harassment and
you want to help. Whatever the case may be,
it is important to know that Queen's has
policies which prohibit harassment and
discrimination as well as resources to help
you decide how best to deal with your
situation. Discrimination and harassment
will not go away unless something is done to
stop it, but no one has to take action
alone. Naturally, you may be feeling
confused or apprehensive about making a
complaint. Please find below our answers
to some of the most frequently asked
questions people have about bringing an
issue to the Human Rights Office.
What Is The Human Rights Office?
The Human Rights Office is a confidential, university-based service provider which administers the University's Harassment and Discrimination Complaint Policy and Procedure. As well as providing education and training on equity related issues, the Office has advisors who assist in the resolution of harassment/discrimination complaints.
Understandably, people tend to associate
any affront to personal dignity with their
human rights. While this may make sense in
broad, philosophical terms, the Human Rights
Office works from a more limited, legal
definition of human rights. Our policies
have been modelled after Ontario human
rights legislation. The Ontario Human Rights
Code explicitly states that no one should be
discriminated against or harassed on the
grounds of .... "...race, ancestry,
citizenship, colour, creed, place of origin,
ethnic origin, sex, sexual orientation, age,
disability, marital status, family status,
receipt of public assistance (in
accommodation), record of offenses (in
employment)".
The Queen's Harassment/Discrimination
Complaint Policy and Procedure applies to
all students, staff and faculty of the
University. If the situation you're dealing
with involves members of the Queen's
community (whether on or off campus) and if
it falls under one of the grounds enumerated
above, you may have a human rights case.
NOTE: Under this procedure individuals who
make a human rights complaint through our
office are known as "Complainants".
Individuals alleged to have engaged in a
discriminatory or harassing conduct are
known as "Respondents".
Depending on the situation, there may be
a wide range of options for handling your
complaint. In the past, complainants have
sought all kinds of resolutions, from
personal apologies, to requests for no
contact from respondents, to equity training
for their academic departments. In seeking a
resolution, the Human Rights Office's (HRO's)
main priority is to ensure complainant
safety and to see that
harassing/discriminatory behaviours or
practices stop. While the HRO's role is to
advise you about your options, you as the
complainant retain control over how your
complaint gets handled. How your case
proceeds will, to a large extent, depend on
whether you choose to have the matter
resolved INFORMALLY or FORMALLY.
At the informal level, any reasonable
steps may be taken in order to resolve a
complaint. Examples of informal resolutions
may include: a "no contact" letter stating
explicitly that the complainant wishes to
have no contact with the respondent; a
conversation between the complainant's
advisor, the respondent and his/her advisor;
a facilitated settlement whereby a
respondent agrees not to further engage in
harassing/discriminatory activity, or
academic adjustments when necessary. Should
the situation warrant it, or should informal
routes of resolution not be successful, you
may wish to file a formal complaint. A
formal complaint involves requesting that
the Secretary of the University assemble a
three- person Complaint Board to make an
official ruling on your complaint.
Individuals chosen to sit on the Complaint
Board are selected for their ability to give
each case an unbiased hearing. The Complaint
Board decides on the appropriate remedial
measures to be taken based on evidence of
the probability that the alleged
harassment/discrimination took place.
Complainants and respondents may, at any
time, bring a support person of their choice
to the hearing. Note, however, that even
after requesting a formal hearing, you may
still choose to have your complaint resolved
informally. Human Rights Office advisors are
happy to recommend what they feel is a
reasonable course of action in your
situation. But remember, any decisions about
how to proceed with your case ultimately
rest with you.
No. HRO staff are aware of how
emotionally difficult it can be to be the
target of harassment or discrimination; it
is perfectly natural for complainants to
experience feelings of guilt, confusion,
pain, anger, powerlessness, or fear.
Complainants do not often want to "talk
things out" with people who have hurt them
or who hold positions of power over them.
Human Rights Office advisors are available
to act as third parties in any negotiations
between you and a respondent.
Anyone who makes a complaint under the
HRO's Harassment/Discrimination Complaint
Procedure is protected against reprisal. In
fact, any reprisal against you for making a
complaint is considered a further violation
of University policy. However, if you're
still concerned about how you may be treated
in your given workplace or classroom, you
may wish to postpone action on your
complaint until all threat of reprisal has
gone or until you've left that threatening
environment. In our procedure, this is known
as holding a complaint in abeyance.
While the Policy sometimes recognizes
exceptional circumstances that may prevent
individuals from filing complaints within a
reasonable time period, complaints must
generally be brought to the Office within 6
months of the last incident of harassment or
discrimination. If you are planning to hold
your complaint in abeyance, you may postpone
action up to three months after filing, or
until any threat of reprisal has been
removed, or until you've permanently left
the threatening environment.
The purpose of the
Harassment/Discrimination Complaint Policy
and Procedure is to facilitate the creation
of an environment in which all members of
the Queen's community are able to live, work
and study free of harassment and
discrimination. If what happened to you
off-campus has negatively affected your
ability to function at Queen's, and the
respondent is also a member of the Queen's
community, our policies still apply.
When complaints are brought to the Human
Rights Office, every effort is made to
maintain confidentiality. No one will be
contacted about your visit to the Office or
about the nature of your complaint
(including your parents/guardian(s)) except
at your request. Please note that the Human
Rights Office is obliged by law to disclose
information which reveals physical/sexual
abuse of children or threats to the safety
of other community members.
Should you decide to drop your complaint,
we will abide by your wishes. Cases taken by
the Human Rights Office are always
"complainant driven". This means that any
decisions about how to proceed with your
case are, ultimately, made by you. Human
Rights Office Coordinators will not act on
your behalf without your express consent.
You are always in control of the process.
If, after consulting with a Human Rights
Office advisor, it is clear that your
situation falls outside of our jurisdiction,
we will do our best to refer you to a
service better suited to meet your needs.
To contact an advisor, email
hrights@queensu.ca