Emergency Exit

Complaints Procedures

Any individual or individuals may file a complaint of a violation of this Policy. Such complaints will normally be submitted or referred to the attention of the Administrative Coordinator but may be submitted to another Coordinator, at the discretion of the Claimant(s). Complaints may be submitted anonymously or via a third party and may name multiple Respondents. All complaints received under this Policy will be dealt with by the Coordinating Committee unless the Committee at large is named as a Respondent, in which case the complaint will be immediately referred to the SSMU Equity Commissioners.

Assessment

The Committee will first identify apparent conflicts of interest within the Committee, as outlined in Section 6.1. Conflicts of Interest. 

  1. Should a Coordinator be named as a Respondent and/or present an apparent conflict of interest, they will be obligated to recuse themselves from the complaints proceedings;
  2. If fewer than two (2) Coordinators are eligible to oversee the complaints proceedings, the complaint must be referred to an appropriate reporting channel of the SSMU; 

The Committee will then assess whether the complaint falls within the scope of this Policy and the limitations of the authority of the Committee, as described in Section 3. Scope. 

  1. Where a complaint falls outside of the scope and limitations, the Committee will act as a resource in referring the Claimant(s) to the appropriate channels, including other reporting channels of the SSMU or the University, where appropriate.
  2. Where a complaint falls within the Scope of a superseding SSMU Policy including, but not limited to, the Gendered and Sexual Violence Policy, Human Resources Policy, or Equity Policy, the Committee may choose to refer Claimant(s) to the appropriate reporting channel associated with the Policy in question.

The Committee will, finally, assess whether the complaint contains sufficient information to continue in the complaints proceedings. 

  1. Such information may include, but is not limited to, the identity of the Respondent(s) and any Witness(es), information about the supposed violation, and any additional relevant information;
  2. Should the Committee determine that the information is insufficient, further information will be requested from the Claimant(s), unless the Complaint was submitted anonymously, in which case it may be dismissed by the Committee.

Where two (2) or more Coordinators are eligible to oversee the complaints proceedings, the Complaint falls within the Scope, and sufficient information exists, the Committee will communicate the Complaint to the Respondent(s) and proceed with the investigation of the Complaint.

Investigation 

The Complaint will be thoroughly investigated, through any means necessary for the Committee to confidently conclude whether or not a violation of the Policy had, in fact, taken place and to make appropriate recommendations to resolve the violation. An investigation may involve, but is not limited to: 

  1. Meeting with and requesting information from the Claimant(s); 
  2. Meeting with and requesting information from the Respondent(s); 
  3. Meeting with or requesting information from any other individuals who may have information relevant to the investigation, including, but not limited to any Witness(es) identified by the Claimant(s) or the Respondent(s); and
  4. Obtaining any other evidence (e.g., documents, copies of correspondence, photos/images) that may be relevant to the investigation.

The Committee will not hold a hearing, in which the Investigators would meet with multiple parties simultaneously to hear their respective claims. Notwithstanding, any information collected by the Committee will be communicated to the Claimant(s) and the Respondent(s).

  1. The Committee may, at their discretion, choose to withhold any information that they believe is not pertinent to the investigation or which would needlessly harm an implicated party.

Within 30 days of the commencement of an investigation, the Committee will produce a Report and Recommendations based on the evidence, testimonies, and information collected throughout the investigation.

  1. The Report and Recommendations will be communicated to the Claimant(s) and Respondent(s) immediately following its approval by the Committee.
  2. This timeline may be extended, at the request of the Committee, with the consent of the Claimant(s) and the Respondent(s). 

Resolution

The Report and Recommendations of the Committee will include, but are not limited to: 

  1. A description of procedures followed by the Committee;
  2. A detailed report of the facts of the Complaint, identified by the Committee, and the specific provisions of the Policy that have been violated; and 
  3. A list of fair and equitable recommendations to resolve the violation, to be enforced by the Committee.

Depending on the nature and severity of the Complaint, these recommendations may include, but are not limited to: 

  1. Letter(s) of apology; 
  2. The suspension or removal of the Respondent(s) from their position(s) within Queer McGill or its affiliated Groups; 
  3. The amendment or creation of any governing documents, to be referred to the General Assembly by the Committee; or 
  4. Other remedies deemed reasonable by the Committee that, upon consultation with the Claimant(s), may best facilitate reparations and healing among both parties, if applicable.

Notwithstanding, the Coordinating Committee does not hold the authority to remove or suspend a Coordinator from their position within Queer McGill. Should the Committee determine that the most appropriate remedy to a given Complaint would involve the removal or suspension of a Coordinator or Coordinator(s), the Committee may 

  1. Request the resignation of the implicated Coordinator or Coordinator(s); or
  2. If the implicated Coordinator or Coordinator(s) refuse(s) to resign, the Committee may refer the matter to the SSMU Human Resources Department and Vice-President (Student Life);

Inconclusive Investigations

If, following a thorough investigation, the Committee determines that there is not enough evidence to conclude that the Policy had been violated, beyond a reasonable doubt, or if the Committee determines that the Complaint was made in bad faith no Recommendations will be issued. 

  1. The Committee will produce a Report, including what facts can be conclusively discerned. This Report will explain that the investigation was inconclusive, including the reasoning of the Committee for making this determination. 
  2. In such cases, the Claimant(s) should be directed to appropriate support services.

Referrals

If at any time throughout the complaints proceedings, the Committee concludes that insufficient capacity exists within the Committee to adequately resolve the Complaint, the Committee may, in consultation with the Claimant(s) and Respondent(s), refer the Complaint to an appropriate reporting channel of the SSMU.

  1. The referral of a Complaint after the initiation of complaints proceedings should be considered a last resort where a Complaint may not otherwise be successfully resolved.

Emergency Accommodations

Following the receipt and initial assessment of a Complaint, the Committee may recommend that accommodations be implemented, in extraordinary circumstances, to protect the safety and wellbeing of the Claimant(s). Depending on the gravity of the perceived risk to the Claimant(s), immediate accommodations may include, but are not limited to:

  1. An order to the Respondent(s) to cease communication(s) with the Claimant(s); 
  2. The excusal, with pay, if applicable, of the Claimant(s) from their professional or extra-curricular responsibilities to Queer McGill or its affiliated Groups; 
  3. The temporary suspension, with pay, if applicable, of the Respondent(s) from their position(s) within Queer McGill or its affiliated Groups; 
  4. The referral of the Claimant(s) to safety services offered by the SSMU, the University, or community organizations; and
  5. The referral of the Claimant(s) to law enforcement, in exceptional cases. 

Accommodations will be recommended to and enforced by the Coordinating Committee, who will consider them in a confidential session. 

  1. Where accommodations must be implemented urgently, they may be considered through an electronic vote or at an emergency meeting of the Committee, called by a Coordinator for this purpose.