Havergal College Course Calendar, 2021-22 Academic Year

ii. The investigator should meet with the respondent. This person should be told the identity of the complainant and presented with the allegations. The respondent should be asked for a specific response to each allegation, including the nature of relationship, and whether there were any witnesses. The investigator should remain neutral and reserve judgment until all facts have been collected. iii. The investigator should interview each witness mentioned by the parties. These witnesses should be interviewed separately. The investigator should determine whether these individuals were actually present at the time of the alleged behavior, or whether they simply heard about the incident afterwards. Each witness should be informed of the importance of confidentiality. iv. Based on the information received, the investigator will give a written report to the Principal stating whether or not the incident appears to constitute harassment, and if so, recommendation(s) of appropriate action to be taken. v. The seriousness of the incident determines appropriate disciplinary action to be taken. vi. The complainant and respondent will be notified in writing of the decision and the outcome(s) resulting from it. • To assist in determining the appropriate disciplinary action, several factors will be considered by the Principal: i. impact of the offence on the complainant; ii. power imbalance between victim and offender; iii. gravity of offence; iv. offender’s documented history with regard to similar behaviour; and v. age of the offender and victim. • The complainant, at any stage, may choose to withdraw the complaint. Havergal, however, may still be obliged to investigate. Please note: When students are involved in a sexual harassment complaint, it should be determined by the Principal whether or not the incident appears to constitute sexual harassment, sexual assault or sexual abuse. If there is a suspicion of sexual assault or sexual abuse, based on the information received, then any applicable procedures required by law for investigation of sexual abuse or sexual assault will be followed. Appeal Process The decision may be appealed by the complainant or respondent in writing to the Principal within seven (7) working days of receipt of the decision. The Principal will receive the material and refer the matter to the appropriate Reviewer. The Reviewer will review the decision and make a determination in this matter. The Principal will make the final determination in the matter within 15 working days, absent exceptional circumstances necessitating a longer review period. Corrective Actions If the complaint has been substantiated, the seriousness of the occurrence will determine the College’s disciplinary response. • inform the parent/guardian of a student’s behavior and the corresponding consequences; • temporarily remove privileges (i.e. recess, lunchroom/cafeteria, College activities); • refer to counselling and/or guidance intervention • suspend the student; Responses may include, but are not be limited to:

• expel the student; and/or • involve the police where a criminal offence may have occurred. In circumstances where a complaint has been substantiated, the onus is on the College to consider first and foremost the impact on the complainant. The complainant will be informed in writing by the College of the outcome(s) of the investigation and corrective action that has been taken, and asked to report any further incidents of harassment or reprisal. In order to prevent a reoccurrence of harassment, the respondent’s conduct will be monitored by the appropriate Head of School. College Relationship At the conclusion of an investigation involving students, consideration should be given to encourage the students to work out their relationship with each other. The College may appoint an adult or peer mediator/facilitator to assist in helping the parties reach a resolution. Formal Complaint — Student Harassed by an Employee or Volunteer • The student will submit a written complaint to the appropriate Head of School, who will notify the Principal that a complaint has been lodged. A signed, written complaint should include identification of the individual(s) involved and a clear description of the incident(s) of harassment including times, dates, places and names of witnesses, if any, and a statement of the outcome(s) being sought. Upon receiving the complaint the Head of School will meet with the student. • Where the Principal is the alleged harasser, the written complaint will be forwarded to the Chair of the Board of Governors. • If the student is under 18 years of age, the Principal or Principal’s designate will notify the parent/guardian. • The Principal or their designate will confirm in writing to the complainant receipt of the complaint within seven (7) working days. After receiving the complaint, the Principal or their designate will appoint an appropriate Investigator, which may be the Chief Human Resources Officer or an external party, to manage the complaint and carry out the complaint process. • The Principal will forward a copy of the complaint, to the respondent within seven (7) working days of receipt of the complaint. • In conducting an investigation, the Investigator will ensure that the following steps are taken: i. appropriate steps to ensure the safety of the complainant; ii. interview the complainant(s) and/or the third party reporting the complaint; iii. inform the respondent(s) of the allegations and provide an opportunity for a response; iv. interview witness(es); v. come to a conclusion about whether a specific incident did or did not occur based on a balance of probabilities; and vi. if substantiated, recommend to the Principal appropriate action to resolve the situation. • The investigation should be completed as soon as possible, ideally within fifteen (15) working days of receipt of the complaint. If circumstances of the complaint will require longer than 15 working days for completion of the investigation, then both parties are to be notified of the reasons for the delay and the expected time for completion of the process.

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