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Process for a sexual violence complaint

Description of the process

Intake process

• The Complainant shares concerns with Human Rights Services, describes what happened and who is involved. 
• Formal investigation process and alternative resolution options are discussed. 

Interim measures

• Human Rights Services may require certain interim measures such as a 鈥渘o contact鈥� order between parties involved in a complaint resolution process to protect the parties, the community and the integrity of the complaint resolution process.

Alternative resolution process

• Consultation or coaching: Human Rights Services will support you in resolving the issue independently.
• Conciliation: If the Complainant and Respondent are willing, Human Rights Services can mediate a resolution. If successful, both parties sign a written record of resolution.
• Resolution: The issue may be resolved by the above or other alternate means where appropriate.

Complaint process

• If the matter is not resolved through the alternative resolution process or if the Complainant prefers to proceed with a complaint, they can. 

• This can happen at any time during the alternative resolution process.

Complaint

• The Complainant initiates a complaint. 
• Complainant gives a statement, along with any supporting documentation and names of witnesses, if applicable.

Decision Maker is identified

• Human Rights Services identifies a senior administrator as Decision Maker.

Investigation

• An Investigator will be assigned to investigate the complaint. The Investigator works independently to analyze the complaint and write a report on their findings, including:
  • Interviewing complainants, respondents and witnesses
  • Reviewing any documentation
  • Ensuring that both the Complainant and Respondent have an opportunity to review and respond to all material aspects of the complaint in order to ensure procedural fairness.
  • Allowing the Complainant and Respondent to review and respond to a summary of their statements.

Investigation report

• The Investigator documents their findings in an investigation report and submits it to Human Rights Services for review. 
• Human Rights Services will then forward the investigation report to the Decision Maker for a decision.

Decision

• The Decision Maker reviews the report and has the opportunity to meet with the investigator, all parties and university administrators as required. 
• The Decision Maker renders a decision and where applicable assigns sanctions/remedies.

Remedy

• The Decision Maker will render a decision and assign an appropriate remedy/sanction.

Appeal process

• Parties can appeal based on matters of substance and/or process.

Materials for you to download and print 飥� 

 (PDF file) Download the diagram that shows an overview of this complaints process.

Learn more about the policy

Read TMU鈥檚 Sexual Violence Policy.