Formal Procedures for Employee Violations of the Policy
If the allegation of harassment has not been resolved as a result of the informal procedures or is of the kind, in the Title IX Coordinator’s (or designee) opinion, that is not suitable to informal resolution, or if either the Complainant or Responding Party request to begin the formal report process, a formal investigation will be initiated.
The Responding Party will be afforded fourteen (14) calendar days from the date that the formal investigation was initiated to provide a written response to the allegations. A copy of any response will be provided to the Complainant.
The Title IX Coordinator (or designee) will either investigate the matter or assign the matter to an investigator (in either instance the “Investigator”) to promptly, fairly and impartially investigate the report. An investigator is a trained professional staff member of the University community or an external professional. Training for professional staff members are provided at least annually on issues including, but not limited to, intimate partner violence, sexual assault and stalking; how to conduct investigations; safety and promoting accountability.
The investigation of all formal reports will include, when appropriate, interviews of the (1) Complainant, (2) the Responding Party, and (3) any witnesses and other persons who are identified as having relevant information and who agree to be interviewed. The Complainant and Responding Party will have the opportunity to identify witnesses and other evidence for consideration. If the Responding Party is represented by a bargaining agent, the Responding Party may have that agent present at any interview with the Investigator.
The Investigator will investigate the allegations and report the results, conclusions and recommended actions, if any, in writing to the Title IX Coordinator (or designee) and the appropriate vice-president/division head. A summary of the report will also be provided to the Complainant and Responding Party. After consulting with the Title IX Coordinator (or designee), the appropriate vice-president/division head will initiate disciplinary action as soon as reasonably practicable, when in their judgment it is appropriate, and will attempt to take whatever steps are necessary to prevent recurrence of the offending behavior and to correct its discriminatory effects on the Complainant and others, if appropriate. The Complainant, Responding Party, and the union president (when appropriate) will be informed of the final decision and any actions to be taken. Disciplinary action may include, but is not limited to, additional mandatory training, documented warning, suspension with or without pay, and termination.
The Responding Party is entitled to include a response to allegations, investigative findings, and documents included in the confidential personnel or student file(s), as the case may be. Implementation of, and challenge to, any disciplinary action will be handled according to applicable procedures, as provided by the relevant collective bargaining agreement.