Complaint Process

The complaint process starts when:

• someone makes a complaint or
• as a YCDSB community member you become aware of an incident which can be categorized as a human rights issue

Where a complaint is brought to attention of the Board, formally or informally we must take immediate steps to address the allegations in a timely, transparent and accountable manner.

• Take the matter seriously
• Act immediately upon becoming aware of the incident / complaint
• Contact your Superintendent / Senior Management
• Contact the Human Rights Equity Advisor
• Co-operate fully in the investigation and implementation of the resolution
• Lead by example

Other opportunities for redress: Grievance under the collective agreement (for unionized members)

• Application to the Human Rights Tribunal
• Application to the Ontario Labour Relations Board
• A criminal complaint
• Ombudsman
• Ministry of Labour

• To provide independent, neutral, unbiased, confidential advice through consultations
• To provide training and consultation in regards to the human rights complaints process
• Assess the merits of a complaint and determine the appropriate complaint investigation and resolution options, including whether the concern(s) can be referred to management to address
• To provide support/ training and be a resource person to assist management in fact finding and/ or investigation of a complaint
• Undertale neutral, independent formal human rights investigations
• Provide Mediation /ADR, other services as appropriate

An informal process seeks to resolve human rights issues without investigating or assessing the merits of the allegations, for example, by facilitating communication between the people involved.

This type of informal process is generally not appropriate where there are serious or systemic allegations.

If an informal process is used, it must still be clear that the complaint will be taken seriously and addressed by the people who are responsible.

The mediation process is voluntary and confidential. Mediation may where appropriate be offered at any point before, during or after an investigation.

Mediation gives both sides the opportunity to explain their understanding of the issue, and attempts to resolve the concerns that led to the complaint.All mediation discussions will be held on a confidential, without prejudice basis.

Either party to the mediation is entitled to have a “support person” attend the mediation. The purpose of the support person is simply to be present to support the complainant or respondent. They are not permitted to participate in any way.

If the mediation works then both sides must sign a settlement agreement. This agreement would outline what each side has decided to do, to resolve the dispute.

If mediation does not work, the discrimination complaint is investigated to an assigned investigator.

Not all complaints submitted are amenable to early resolution. If the informal approaches are not effective or appropriate to resolve a situation, or the complaint is of a serious or systemic nature, a formal complaint and investigation may be necessary.

An investigation is a formal impartial process that adheres to the principles of administrative fairness to all parties.

Human Rights complaints case must show that discrimination or harassment occurred on a “balance of probabilities” that is, it is more reasonable and probable than not that discrimination or harassment took place.

Formal complaints must be in writing and signed by the complainant using the Human Rights complaint form. Where necessary and appropriate, the Office of Human Rights may assist in drafting the formal complaint.

Where possible the following details should be included in the complaint:

• what happened – a description of the events or situation, particularly specific details of what the respondent said or did that the complainant believes could be considered harassment or discrimination.
• The Human Rights Code (Code) ground if applicable
• When it happened – dates and times of the events of incidents
• Where it happened
• Who saw it happen – the names of witnesses, if any

Time for Completion of Investigation/Mediation

Generally, matters assigned for investigation will be investigated within 90 (and up to 150) days of being assigned, depending on the availability of parties to the complaint, complexity of the matter – number of parties, nature of allegations, time of year the complaint is received (e.g., summer for school-based complaints) etc. Any delays in timelines will be communicated to complainants and respondents including the reasons for the delay.

The investigation will be initiated once the Office of the HREA has assessed the complaint and communicated the assessment and next steps to the complainant. Parties will be advised in writing prior to the 90 day period if a delay is anticipated.

When did the most recent alleged incident take place?

You must file your complaint within one (1) year of the date on which the discrimination happened, or if there was a series of events, within one (1) year of the last event. In some cases, there may be legitimate reasons for filing a complaint after the one year time limit is passed.