1. An employee may file a formal Respectful Workplace Complaint with the appropriate Reviewer, in accordance with the procedures indicated below. The appropriate Reviewer in each case is determined as follows:

a. In cases where the Respondent is a non-bargaining unit employee, a bargaining unit member of Canadian Union of Public Employees (CUPE), or a bargaining unit member of Newfoundland Association of Public Employees (NAPE), the Reviewer shall be the Manager, Employee and Labour Relations, Human Resources, unless the Complainant has a reporting relationship with this person or the Complaint involves this person’s conduct, in which case the Reviewer is the Associate Director, Faculty Relations.

b. In cases where the Respondent is a bargaining unit member of the Memorial University of Newfoundland Faculty Association (MUNFA), the Lecturers’ Union of Memorial University of Newfoundland (LUMUN), or the Teaching Assistants Union of Memorial University of Newfoundland (TAUMUN), the Reviewer shall be the Associate Director, Faculty Relations, unless the Complainant has a reporting relationship with this person or the Complaint involves this person’s conduct, in which case the Reviewer is the Manager, Employee and Labour Relations, Human Resources.  

2. The Complaint shall:

a. be in writing, indicating that it is a Complaint;
b. set out the particulars of the allegations, including the dates, times and nature of the allegations and the names of any witnesses to the alleged behaviour;
c. be signed and dated; and
d. be submitted to the Reviewer.

3. Upon receipt of the Complaint, the Reviewer shall initially review the Complaint, and within ten (10) days, determine whether to proceed with an investigation under the Respectful Workplace Policy, to refer the Complaint to a different forum or procedure for investigation, or to dismiss the Complaint:

a. The Reviewer may refer the Complaint to a different forum or procedure, where:

i. the Reviewer determines that other University policies apply to the subject matter of the Complaint, are capable of addressing the issues, and are more appropriate in the circumstances. All matters that are sexual in nature must be referred to the Sexual Harassment Advisor. If the Sexual Harassment Advisor believes, after consultation with relevant parties, that a Complaint based on Sex, Sexual Orientation, Gender Identity or Gender Expression would be better handled under this Procedure, the Sexual Harassment Advisor will so advise the Reviewer;

ii. the Reviewer determines that the Complaint is more appropriately addressed initially, under the Procedure for Early Resolution of Respectful Workplace Concern. Where early resolution efforts are not successful, the Reviewer will, subject to section 3(b), proceed to investigate the Complaint.

b. The Reviewer may dismiss a Complaint where they determine the Complaint:

i. is not within the jurisdiction of the Respectful Workplace Policy, or
ii. is frivolous and/or vexatious, or
iii. is made outside the prescribed time limits, or
iv. is currently being investigated or has been investigated by Memorial or the substance of the Complaint has been resolved in some other fashion.

c. In making these determinations, the Reviewer may seek advice, as appropriate.

d. The Reviewer will advise the Complainant, in writing, of their decision as to whether to proceed with an investigation under the Respectful Workplace Policy, to refer the Complaint to a different forum or procedure for investigation, or to dismiss the Complaint.

4. Within ten (10) Days following a determination to proceed with an investigation under the Respectful Workplace Policy, the Reviewer shall:

a. write to the Respondent(s) to notify them of the Complaint; to deliver to the Respondent(s) a copy of the statement of Complaint and the Respectful Workplace Policy and Procedures; and to advise them of their right to reply to the Complaint, in writing, within ten (10) Days; and

b. refer the Complaint to the appropriate Authority, whose identity shall be determined as follows:

i. The Authority shall be the Vice-President, as appropriate.
ii. Where the Vice-President, as appropriate, is a Respondent to the Complaint, the Authority shall be the President.
iii. Where the President is a Respondent to the Complaint, the Authority shall be the Chair of the Board of Regents.
iv. Where the person designated to be the Authority is absent or unable to act, the Reviewer may designate an alternate Authority, who may be another senior officer of the University who is not a party to the Complaint, such as an Associate Vice-President.

5. The Authority appoints the investigator. Any employee who has been involved in the Concern or Complaint shall not be the investigator. The investigator may be internally or externally appointed. No person shall be selected where there is a real or perceived conflict of interest or reasonable apprehension of bias. An investigation results in a determination of whether or not the Respectful Workplace Policy has been violated. During the investigation process, the Complainant and the Respondent may be accompanied by another person of their choice.

6. The investigator will undertake an investigation and submit a written investigative report within forty (40) Days from the date the Respondent received a copy of the Complaint. The report will contain the summary of the evidence, any conclusions reached, and the finding with respect to Harassment. The investigative report is provided to the Authority who initiated the investigation, and who within five (5) Days will provide copies to the Complainant and to the Respondent.

7. The investigative report is confidential and shall not be communicated verbally, duplicated or circulated. However, the Complainant and the Respondent may share the report with their duly appointed representative(s). 

8. Upon receipt of the investigative report, both the Complainant and the Respondent may choose to respond. Any response must be in writing and submitted to the Authority within five (5) Days.

9. The Authority shall decide the course of action, based on the investigative report and the responses, if any, from the Complainant and the Respondent.  The Authority may seek advice, as appropriate. 

10. The Authority shall provide a written decision and any action that may be taken within an additional five (5) days. The Respondent will be provided with a written decision which will include whether any action will be taken and the nature of any discipline imposed. The Complainant will be provided with a written decision which will include whether or not action will be taken.

11. The Authority shall consult with the applicable line authority before implementing a recommendation or taking other remedial, preventative, or disciplinary action.

12. Any imposed discipline shall be taken in accordance with the Guide for Non-Bargaining, Management and Professional, and Senior Administrative Management Employees, applicable collective agreements, or, for employees not covered by one of these, the applicable contractual provisions.

13. The timelines specified in these Procedures may be extended, except in cases where the Respondent is a bargaining unit member covered by the MUNFA Collective Agreement.