Information for Respondents
The Sexual Harassment Office will offer support, advice and guidance to the respondent, provide information on the policy and procedures, and facilitate referrals to other services as needed.
The respondent has the right to decide whether or not to participate in any proposed resolution by way of an informal or formal resolution process, including mediation or an investigation. However, the process of investigation and disposition of a formal resolution under these procedures may occur and continue notwithstanding such non-participation by the respondent.
On behalf of the complainant or the respondent, the President and their delegates may take immediate measures to preserve the health, safety and security of the complainant and/or respondent while a situation is being resolved, investigated or decided. The Advisor may make recommendations to the President regarding the situation.
The President or their delegates may take interim measures to protect other members of the university community. The President or their delegates may take immediate measures to protect the health, safety and security of other members of the university community.
Contacting the Respondent of the Complaint
Upon receipt of a request for an informal resolution the respondent will be contacted in a timely manner with a request to participate in an informal pathway to resolve the complaint.
Once a request for a formal resolution form has been signed and filed with the Advisor, where the respondent is identified, the Advisor shall, within three (3) days of receipt of the complaint by the Advisor, send to the respondent by Express Post with signature, or hand-delivery or by some other means through which proof of delivery can be obtained, the following documentation:
i. a copy of the Sexual Harassment Complaint Form (FORM 1)
ii. if the respondent is a member of a bargaining unit, a copy of the Acknowledgement of Notification of Advice to Members of Bargaining Units Form (FORM 2)
iii. where applicable, a copy of the Request for Investigation Form (FORM 3)
iv. when necessary, a copy of the Release of Information Form signed by the complainant (FORM 4),
v. a copy of both the Sexual Harassment and Sexual Assault Policy and The Sexual Harassment Procedures
vi. where applicable, advise that the complainant has requested mediation; and
vii. written notice of the complaint, including a suggestion that the respondent may make contact with the Advisor for information with respect to the Policy and Procedures and direction necessary should the respondent decide to provide a written reply to the complaint. The respondent will be advised that their written reply to the complaint will be provided to the complainant by the Advisor.
Where the respondent is not immediately identifiable, the Advisor shall make reasonable efforts to identify and locate the respondent, and to provide the documents listed in c above.
If the Advisor cannot identify or locate the individual who is reported to have engaged in behaviours that may constitute sexual harassment and the complainant wishes to persue a formal resolution, the Advisor shall refer the individual to CEP or other appropriate university services.
If/when the respondent is identified, the complainant may then file a Formal Complaint and a Request for Mediation or Investigation with the Advisor and the respondent will be provided with the appropriate notice.
In situations whereby a complainant does not file a Formal Complaint and Request for Mediation or Investigation but the Advisor deems the situation is such that the health, safety of a member or members of the university community is a concern, the Advisor may consult with the Manager of Campus Enforcement and Patrol (CEP) and the appropriate administrative offices of the University.
Respondent's Right to Respond
The respondent may respond in writing to the allegations contained in the complaint, provided that such written responses are delivered to the Advisor within the time frame stated below:
i. Where the respondent has been advised that mediation has been requested, within three (3) days of their receipt of the Sexual Harassment Complaint Form (FORM 1), and indicating whether or not they are willing to participate in a mediation;
ii. Where the respondent has been advised that an investigation has been requested, within five (5) days of their receipt of the Sexual Harassment Complaint Form (FORM 1);
iii. The respondent should also be advised that should they respond in writing to the complaint, a copy of that response will be provided to the complainant.