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ILSC Toronto

Formal Complaint Procedure

Complainant submits a written


claim1 of a Respondent's willful
transgression of School
guidelines to the Academic
Department, providing the
name(s) of any Witness(es)2.

Does the
allegation indicate
behaviour that could lead
to disciplinary
action?
N

Downgrade
Complaint to Informal,
Inform Complainant,
Facilitate conflict resolution

The Academic Dept and


the Respondents Representative
concur that the Respondent
has confirmed the verity of
the Complainants allegation

Confirms

As soon as both Respondent and


Representative are clear about
the details of the allegation,
the meeting is at an end

Based upon the consultation with


the Respondent, his/her Representative
writes a response to the Director,
in which an explanation and/or a
rejection of the allegation may
be made

Respondent consults privately with


Representative to discuss details
of the allegation

Rejects

Corresponding to ILSC (TO) CA, Article 10.03


(The Informal Stage)

Respondent may call for Witnesses


to the alleged event,
informing his/her Representative
and the Academic Department of
the names of the Witnesses
s/he has called upon

A separate meeting is arranged for


each Witness4 to meet with
the Academic Department and the
Respondents Representative
to give verbal statements of the
events as they remember them,
after which Representatives of
either the Academic Dept or
the Respondent may cross-examine
the Witness during the meeting,
statements made outside of which
will be considered inadmissable.

Academic Department may call


for Witnesses to the alleged
transgression, informing the
Respondents Representative of
the names of the Witnesses the
Department has called upon

A meeting is held between the


Academic Department and the
Respondents Representative to
discuss the details of the allegation
& decide whether they harmonize
with the Witness statements.

inconclusive

The Respondent (who may be


accompanied by his/her own
Representative and/or translator)
meets with
the Academic Department6 to
listen to the allegation.

conclusive

A formal decision along with


recommendations is drafted and
signed by both the Academic Dept
and the Respondents Representative
and is sent to both the Respondent
and the Complainant

Letter
confirms
allegation

Letter
refutes
allegation

Confidentiality must be maintained throughout


the investigation process
All materials relating to the investigation (such as
witness statements and written complaints) must
be destroyed upon completion of the investigation
INVOLVEMENT COLOUR KEY
COMPLAINANT (+TRANSL/REP)
WITNESSES
ACADEMIC DEPT
RESPONDENTS REPRESENTATIVE
RESPONDENT
1 A clear and comprehensive translation
in English will be provided if necessary,
preferably on a standard form
2 To be considered viable, Witnesses must
be neutral bystanders (other than the
Complainant(s) or Respondent) who, against
all reasonable doubt, have no influence of
bias or vested interest in the outcome
of the allegations being asserted
3 If the Respondent is a Union Member,
s/he should be reminded of the right to
be accompanied by a Union Executive
as a Representative.
4 Each Witness may be accompanied by
a translator (other than the Respondents
Representative).
5 If the Respondent is a Union Member,
Bargaining Executive meets with
the Respondent to discuss whether to
submit a Formal Grievance
(See ILSC Toronto CA, Art. 10.04)
6 The Academic Department may consist of
2 people, such as the Director and an
Academic Director or a Program Director

Respondents Representative meets


with Respondent to discuss
further options5

Academic Dept may procede to


next stage of disciplinary action

The case is dropped

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