Rights of Complainant and Respondent
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Rights of Complainant and Respondent
Note: A Complainant is the term used to describe the person who makes a complaint to the Human Rights and Diversity Officer (HRDO) about a breach of the Sexual Violence Prevention Policy. The Respondent is the term used to describe the person who is accused in, or is responding to, the complaint.
The Complainant has the following rights:
- to be treated with fairness, dignity, and respect;
- to not be questioned about their past sexual history;
- to be given access to available support and resources throughout the investigation process;
- to prompt assistance with safety planning; to prompt information about referrals to available on/off campus support services and resources;
- to have the process explained to them in an accessible way, including possible outcomes;
- to have their personal information kept private unless they have agreed to share it, except in limited cases where disclosure is required by law (collective agreement, or criminal/civil proceedings);
- to be told when their personal information will be shared, as listed above;
- to present their experience, and to respond to the other participant's information;
- to be accompanied by a support person;
- to representation through their collective agreement, if they are a unionized employee;
- to refuse to participate in aspects of the investigation;
- to appeal (within an appropriate time) or file a grievance in relation to a decision by the University not to investigate;
- to regular updates on the status of the investigation process;
- to have opportunities to engage in alternative resolution processes where appropriate;
- to receive written notice of the outcome of a resolution or determination that impacts them;
- to receive written notice of the outcome of any appeal or grievance that impacts them;
- to a decision-maker in the investigation who will be impartial and unbiased.
The Respondent has the following rights:
- to be treated with fairness, dignity, and respect;
- to be given access to available support and resources throughout the process;
- to receive prompt notice and information about the allegations against them;
- to be presumed to have not violated this policy until a fair investigation is completed;
- to have the process explained to them in an accessible manner, including the possible outcomes and punishments;
- to have their personal information kept private unless they have agreed to it being shared, except in limited cases where disclosure is required by law (collective agreement, or criminal/civil proceedings);
- to be told when their personal information will be shared, as listed above;
- to present their experience, and to respond to the other participant's information;
- to be accompanied by a support person;
- to refuse to participate in aspects of the investigation (however, the process will still take place without them);
- to notice about the outcome of an investigation and any punishments against them;
- to appeal (within an appropriate time) or file a grievance in relation to a decision by the University;
- to receive regular updates on the status of the investigation process;
- to opportunities to engage in alternative resolution processes where appropriate;
- to receive written notice of the outcome of a resolution or determination that impacts the Respondent;
- to a decision-maker on the investigation who will be impartial and unbiased.