YU Complaints Procedure: A Snapshot

As a member of the YorkU community, you have options.

If you are able to do so, speak with a person in authority (Professor, Department head, Manager or Supervisor), People Partner, or a union representative to assist you in addressing the behavior.

We do understand that in certain cases, such as when harassing behavior involves a person in authority, this option will not be the appropriate one. You should contact CHREI and speak with a case advisor.

If this involves a student, get in touch with the Office of Student Community Relations (OSCR).

You may also file a complaint against the person who harassed you.

View our basic overview of the complaints process above. You can book an appointment with our case advisors by emailing: rights@yorku.ca Leave your name, email, and/or phone number and we will respond within 3 business days.

Consultations can be conducted over Zoom, by telephone, or in-person. During the consultation, our Case Advisor will listen to you, discuss your options under York’s policies and complaint procedures, as well as respond to your questions. They will also refer you to other sources of support at YorkU.

Where a complaint is being raised, the CHREI will canvas on the possibility of on alternative dispute resolution options such as, informal remedial mediation. Where warranted, a formal written complaint and investigation may be pursued. Our case advisors can also answer your questions and provide direction about York polices as well as Ontario Human Rights Code (the “Code”) related concerns.

No, you do not need to bring anything to the consultation.

You may bring along any records recounting the instances of harassment if you happen to have kept a document of them.

You may bring a person for support. Remember that under the Ontario Human Rights Code as well as York's Human Rights policy, no person shall be penalized for bringing forward a complaint in good faith, or for cooperating in the resolution or investigation of any complaint. The protection from reprisal extends to you as well as any witnesses to the discrimination you experienced.

A Case Advisor may offer to contact the other party or a relevant party with respect to your matter in an attempt to resolve the matter through the alternative dispute resolution process. If that is the case, the Advisor will require your written consent before moving forward. Should you decide to move forward with filing a complaint, our Case Advisor will need to inform the other party. This means that a copy of your complaint will be sent to the subject of the complaint. (See below for the policy on confidentiality)

All questions and discussions are kept confidential as per applicable laws.

When you consult with a Case Advisor (before deciding to file a case), any information we receive from you is kept confidential.

Note that once you decide to file a complaint, all memoranda and reports made in the course of action taken pursuant to these procedures shall be considered to be confidential to the parties involved and to those who, in providing advice and carrying out duties contemplated in these procedures, have a need to know of their existence and content. ( See: York's Human Rights Policy: 7.2 Procedure for Dealing with Complaints of Harassment or Discrimination)

Your complaint can proceed in any of the following ways:

• Informal Resolution
• Mediation
• Investigation

The first two approaches are examples of Alternative Dispute Resolution (ADR).

Alternative Dispute Resolution (ADR) mechanisms refer to informal and non-adversarial approaches. ADR approaches allow community members to become proactive in the prevention and the timely resolution of complex human rights issues. Some of these options are:

Informal Resolution: Includes information gathering and clarification, or early resolution (i.e. apology).

Mediation:  Face to face or other forms of mediation and dispute resolution such as facilitated meetings/discussions, etc.

If neither of these two approaches (informal resolution or mediation) are successful, the case may proceed as a Formal Complaint & Investigation. CHREI, will upon request, assist the Complainant in preparing a formal complaint (as applicable) or the Complainant may file a complaint independently.

For cases involving the Code of Students Rights & Responsibilities, see also: Filing a complaint Office of Student Community Relations

An investigation is initiated through a formal written complaint which outlines the allegations, and when they occurred. The Complainant may request assistance from the CHREI with the drafting of the complaint.

Upon filing a complaint with the CHREI, the Complainant and Respondent (“the Parties”) will receive a written notice with an outline of the process which include timelines for the submission of a written response and the Decision Maker’s initial assessment of whether or not the complaint shall proceed to an investigation. This determination is made on a prima facie basis, meaning that something that may seem true or valid when you first look at it, but requires an investigation to be fully confirmed. If the Decision Maker chooses not to proceed with an investigation, the Parties will be provided with a written rationale. The written notice will also advise the Parties of the option of obtaining union representation (if applicable) as well as the option to having a support person with them during the process.

Should the complaint proceed to an investigation, an investigator will be appointed. The investigator will interview the Parties and potential witnesses and gather evidence. The Parties will be informed of the conclusion of the investigation and be provided a timeline for the completion of the investigation report. A draft copy of the report will be given to the Parties and they will have the opportunity to provide input of any errors or omissions made within the report.

A finalized copy of the investigation report will then be provided to the Parties and the Decision Maker. Parties are advised in writing of the Decision Maker’s decision based on the findings of the investigation and indicate if managerial action is warranted.

York takes these complaints seriously and will endeavor to address them in an expedient manner as possible – considering factors such as the complexity of the allegations, availability of the parties, and witnesses, availability of evidence as provided by the parties.

Here are some options to consider:

1. You may raise the matter with YorkU’s Ombudsperson. The Office of the Ombudsperson is a confidential, impartial and independent resource for university community members. The central role of the office is to ensure fairness in university policies, procedures and decision-making structures. See: Office of the Ombudsperson at YorkU

The Ombudsperson will receive and consider concerns when:

(a) the member has availed of all usual processes but has not been able to resolve their concern because of an alleged unfair or delayed application of such processes; or
(b) the member, for good reason, is unable to follow the usual processes.

2. If the case was before the University Tribunal under the Code of Student Rights & Responsibilities, there is an appeals process after the tribunal’s final decision that is available within 10 business days following the date on which the written decision of the University Tribunal was issued. (See appeal form: APPEALS OF UNIVERSITY TRIBUNAL DECISIONS)

A student or the University may appeal a University Tribunal final decision or request a review of any imposed sanction(s) to the Appeal Panel on only one or more of the following grounds:

(1) the University Tribunal had no jurisdiction or otherwise had no power under this Code to reach the decision or impose the sanctions it did;

(2) the University Tribunal made a fundamental procedural error seriously prejudicial to either party;

(3) the sanctions are unnecessarily punitive and/or do not fit the violation for which the Respondent has been found responsible or would benefit from a review on compassionate grounds (this ground may only result in a review of sanctions); or

(4) the Appellant has new evidence to present that could not reasonably have been presented earlier such as, but not limited to, evidence from an appropriate professional indicating that the appellant’s behaviour was attributable to a previously unrecognized health problem. Where medical or psychological documentation is produced concerning health issues that pertain to safety and security considerations, the University reserves the right to refer the Appellant for assessment by an independent medical/psychological expert approved by the University (such as the Centre for Addiction & Mental Health). (See: Sec. 12 Appeals of University Tribunal Decisions, Code of Student Rights & Responsibilities)

3. For Faculty and Staff, another option, if you have not taken it yet, is to approach your union representative to explore options under the grievance procedure.This would not be an appeal per se, but another set of options.

Here is a Tip Sheet that shows you how draft a basic Complaint.

Yes, YorkU community members can avail of the following services:

Crisis Response, Counselling and Referral

9-8-8 Suicide Prevention & Crisis Response Hotline

Faculty/Staff Employee Family Assistance Program

Student Counselling, Health & Well-being

For all York Community Members

The Centre for Sexual Violence, Response, Support & Education (The Centre)

Community Safety

Office of Student & Community Relations (OSCR) (For students)
Student Counselling, Health & Well-being (For students)
Health, Safety and Employee Well-being (For Staff & Faculty)

Education & Training

Centre for Human Rights, Equity & Inclusion

The Centre for Sexual Violence, Response, Support & Education (The Centre)

Student Community & Leadership Development (SCLD)
Organizational Learning and People Experience (OLPE)