Human Rights Prevention of Harassment & Discrimination Procedure

Ref. No.	Executive sponsor	Policy steward	Approval authority	First approved	Last reviewed	Effective date	Next review
41.02	Vice President, College Services and Strategy	Director, Respectful Community and Human Rights			May 2026	August 15, 2026

Purpose
1. Everyone at the College is responsible for creating a respectful and welcoming environment where people are treated fairly and with dignity. This means being inclusive and avoiding Bullying, Harassment, Discrimination, Racism or engaging in acts of Hate, particularly based on protected grounds as outlined in Human Rights legislation. All College community members are entitled to a work, learning, and living environment free of Bullying, Harassment, Discrimination, Racism and Hate.
2. The College is required to respond swiftly to concerns of Bullying, Harassment, Discrimination, Racism, and Hate and to investigate those concerns, when necessary.
3. These procedures provide the College Community with multiple, flexible options for resolving concerns or complaints of Bullying, Harassment, Discrimination, Racism, and Hate.
4. Even if behaviors do not meet the formal definitions of Bullying, Harassment, Discrimination, Racism and or Hate as outlined in our policies, they can still seriously affect someone’s ability to feel safe, respected, and fully included in the College’s learning, working, and living environments.
5. Concerns or complaints that do not fall under this policy but would benefit from Relational and Restorative Resolution Options to resolve the matter may be able to access these services through the Respectful Community Lead where possible, where possible and appropriate.
6. These procedures are intended to:
  1. prevent Bullying, Harassment, Discrimination, Racism, and Hate in all forms;
  2. outline the processes by which the College will hear and resolve concerns and complaints about Bullying, Harassment, Discrimination, Racism, and Hate;
  3. provide fair and accessible options for dealing with concerns that arise from this policy, that are efficient, clear, and timely;
  4. ensure an inclusive, relational and culturally responsive approach that addresses harm and promotes accountability;
  5. reflect College commitments to education and other proactive initiatives designed to promote equity, diversity, inclusion, accessibility, anti-racism, and Indigenization in our College community.
7. Person(s) found responsible for Bullying, Harassment, Discrimination, Racism and or Hate Motivated Incidents and Crimes will be subject to sanctions up to and including dismissal and termination.

Procedure
1. Who can Raise a Concern?
  1. All members of the College community are encouraged to contact the Human Rights Office (HRO) when they become aware of behaviours that may violate this policy.
  2. Any College community member can reach out to the HRO to seek assistance for concerns about behaviours that violate this policy. Respectful Community Leads can provide consultation and help someone understand more about how they can directly resolve concerns themselves, or, with the assistance of their manager, a Student Care Navigator, or a process led by the HRO.
  3. A concern or complaint can be raised by:
    1. an individual(s) who has experienced Bullying, Harassment, Discrimination, Racism, and Hate;
    2. anyone who has witnessed or is aware of the above behaviours;
    3. employees who have a Duty to Consult with the HRO when they become aware of any of the above noted behaviours.
  4. A written complaint is not required to seek assistance, though individuals may wish to complete an Intake Form to provide information and to help prepare for consultation.
  5. Concerns that involve Sexual Harassment and other forms of Sexual Violence will be resolved using the Sexual Violence Policy.
2. Duty to Consult
  1. Employees who become aware of offensive behaviour that could be classified as Bullying, Harassment, Discrimination, Racism, or Hate as defined in this policy and procedure have a Duty to Consult with the Manager, Human Rights, or their designate, within 2 business days of receiving the disclosure or observing an incident. Employees may also include their manager in this consultation with the HRO for support and assistance in responding to the issue.
  2. If it is unclear to an employee receiving a disclosure or witnessing the incident(s) whether it meets the threshold of this policy, the Duty to Consult with the HRO applies.
  3. This also includes when concerns originate or are initially raised under Student and Employee Community Standards, and new information becomes known that may be a violation of this policy.
  4. The Prevention of Harassment and Discrimination Assessment Form is intended to support employees in their Duty to Consult.
  5. During and after the Duty to Consult the Manager, Human Rights or designate will:
    1. provide information about resources to support the employee and the person who was harmed;
    2. provide preliminary assessment to determine if the information meets the threshold of Human Rights, Prevention of Harassment and Discrimination (HRPHD) for policy violation;
    3. review the HRO resolution options;
    4. consider whether the College is required to act to prevent further harm to individuals or the broader College Community;
    5. provide support and ongoing consultation and coaching if the matter can be managed at the department or campus level;
    6. refer to the Collaborative College Response Table (CCRT) as needed.
3. Policy Resolution Options
  1. The HRO offers Consultation and flexible resolution options for concerns under this policy and procedure, as appropriate. This includes:
    1. Relational and Restorative Resolution Options:
      1. Relational Resolution Options may be used as an early resolution step by the HRO where appropriate, or as directed by the CCRT. The goal of the Relational and Restorative Resolution Options is to restore a healthy, respectful community by:
        
        using restorative practices to help people take responsibility, understand the impact of their actions, and work together to move forward in a positive way;
        
        repairing relationships that may have been harmed;
        
        encouraging open and honest dialogue;
        
        strengthening the sense of community and connection among everyone involved.
      2. This may include:
        
        Mediated/Facilitated Discussion: Guided conversation processes with a trained facilitator, to help participants fully understand and move forward. Some facilitated discussion options do not require people to be in the same room for this to happen.
        
        Mi’kmaq & Indigenous Process: Students or employees who identify as Mi’kmaq or Indigenous may wish to resolve the matter through an Indigenous resolution approach. The Manager, Human Rights or Respectful Community Lead will determine whether the situation allows for this type of approach, considering risk and complexity of the situation and in consultation with the appropriate first voice representative.
        
        African Nova Scotian Restorative Process: Students or employees who identify as African Nova Scotian or of Black/African descent may wish to resolve the matter through a restorative process that is informed by African Nova Scotian knowledge, customs, and experience of historic, structural, and systemic injustices. The Manager, Human Rights or Respectful Communities Lead will determine whether the situation allows for this type of approach, considering risk and complexity of the situation and in consultation with appropriate first voice representative.
        
        Other Restorative Processes: These can be tailored to the situation and guided by the College’s Respectful Community Guidelines.
      3. A Relational or Restorative Resolution Option is not appropriate if it is determined that:
        
        informal attempts at resolving were not successful;
        
        the matter requires additional assistance to resolve;
        
        the facts of the matter have changed;
        
        interactions and behaviours do not align with relational and restorative process principles.
        
        There is potential for further harm.
      4. A member of the College Community with concerns or complaints that do not fall under this policy but would benefit from Relational and Restorative Resolution Options to resolve the matter, may be able to access these services through the Respectful Community Lead, where possible.
    2. Administrative Resolution Options:
      1. Administrative Resolution Options may be used as directed by the CCRT in cases of Bullying, Harassment, Discrimination, Racism and Hate where there appears to be information to suggest that a violation may have occurred, the facts are in question, the incident is severe, there is significant risk, and/or the College is obligated to take action. This may include general fact finding about the incident and:
        
        Investigations: Procedurally fair, culturally responsive, and impartial process undertaken to gather facts, assess evidence, and determine whether a reported incident of alleged misconduct has occurred. Investigations are conducted in a timely, fair manner, ensuring that all parties involved are provided with the opportunity to present relevant information and that outcomes are based on objective and reasonable findings.
        
        Fairness Reviews: A Fairness Review is an independent evaluation of whether a process or decision was carried out in a manner that is procedurally, substantively, and relationally fair, with the intention of protecting the integrity of college policy and process.
        
        In certain cases where concerns were found to be unfair, and or a review determines there is information that if considered, may have resulted in a different decision, the original decision maker or a decision maker new to the issue may determine they need to consider the additional information and they will determine whether the decision should be revisited.
        
        Workplace Assessments: Workplace Assessments are used to understand how employees currently experience the workplace culture and environment, typically structured with confidential interviews. It provides leaders with insight into areas such as trust, communication, morale, leadership effectiveness, workload, inclusion, and psychological safety. The purpose of an assessment is to identify strengths, emerging concerns, and opportunities for improvement so that timely, informed actions can be taken to support a respectful, healthy, and effective work environment.
    3. Where relational and restorative resolution options are exhausted, not appropriate, and/or there appears to be enough information to suggest that a violation may have occurred, an administrative complaint resolution process may occur. If an Investigation is likely to occur, it will be determined and overseen by the Collaborative College Response Table.
  2. Collaborative College Response Table (CCRT)
    1. The CCRT oversees a shared responsibility and coordinated College response to complex and serious behaviours, while centering the needs of those impacted and harmed by behaviours, along with supporting those responding to the situation.
    2. CCRT determines a response pathway which involves collaboration and connectivity between offices to achieve consistency of response and process, align reporting requirements, utilize the knowledge and expertise of the departments involved and activate their collective responsibility to respond to and resolve matters.
    3. Standing Chair:
      1. Manager of Human Rights (HRO) or designate where appropriate.
    4. Standing members:
      1. Director of Human Resources (HR), or designate, where an employee is involved.
      2. Manager, Student Wellbeing, or designate, where a student is involved.
      3. Principal, or designate, when issue is campus related.
    5. Additional members: The standing chair and members will consult to determine if there are other relevant departments or campus partners who should sit at the table or be consulted. Additional members may include Occupational Health and Safety, Public Safety, operational Managers, Deans, Student Care Navigator, Human Resource Lead, and appropriate first voice leads for employees and students who are Mi’kmaq and Indigenous, Black and African Nova Scotian, 2SLGBTQ+, Persons with Disabilities, and other groups disproportionately impacted by behaviours under this policy.
    6. Conflict of Interest: If anyone on the CCRT has a personal connection to those involved in the concern or complaint, or could be biased or perceived as biased, they will step aside. Someone else may be chosen by the CCRT to take their place.
    7. The CCRT is responsible for:
      1. developing a college response, and will do so with equitable and trauma informed principles in mind;
      2. determining whether the complaint meets the threshold for an Investigation under College policy and if so, the scope of Investigation needed;
      3. determining the appropriate office to lead an Investigation if one is required;
      4. determining whether the matter may be addressed using a Relational and Restorative Resolution option
      5. identifying other policies that may be utilized for an outcome, including Student Community Standards (SCS) and Employee Community Standards (ECS);
      6. identifying additional individuals/departments that may need to be involved and assigns responsibilities to support any part of the process;
      7. reviewing of Immediate Measures;
      8. developing Interim Measures that may need to be assigned;
      9. recommending and/or assigning resources and culturally informed supports if not already in place;
      10. reviewing any interim measures assigned within 15 days;
      11. reviewing allegations if new information becomes available during Investigation/fact finding;
      12. recommending ways to address the psychological safety and support of those involved in the process and help ensure that any remedial/educative sanctions/outcomes address the central issue as identified;
      13. determining level of file monitoring.
4. Hate Motivated Incidents/Hate Crimes Protocol for CCRT
  1. Individuals with urgent safety needs should contact campus security.
  2. Responding to Hate Motivated Incidents/Crimes requires a distinct and coordinated College response that acknowledges the seriousness of incidents and crimes that are both motivated by Hate and Discriminatory in nature. Where a suspected Hate Motivated Incident or suspected Hate Crime has been committed, physical safety and first response will be prioritized.
  3. Any employee who becomes aware of a Hate-Motivated Incident/Crime must report it immediately to the HRO as their Duty to Consult, and to Public Safety who will assist with coordinating a college response, including through the CCRT when required.
  4. When required, the CCRT will meet within 2 business days of being notified of the Hate Motived Incident or Crime.
  5. CCRTs responding to Hate Motivated Incidents and Crimes will always include Public Safety as a standing member.
  6. Local law enforcement may be notified in cases where there is a suspected Hate Motivated Incident or Hate Crime.
  7. Preservation of the Scene
    1. The person who responds to an incident regarding public displays of Hate Motivated graffiti or vandalism will immediately contact Public Safety who will advise on the preservation of evidence. Where the evidence stands to create further harm (for example Hate Motivated graffiti), Public Safety will advise on the next steps.
    2. The scene may only be altered without Public Safety assistance for First Aid or emergency services.
  8. Incident or Crime that Targets a Specific Person(s)
    1. If there are individual(s) who have experienced Hate, their safety will be prioritized. The person(s) impacted may meet with a representative of the HRO to review their options for reporting to police and having the matter resolved through the complaint processes for Discrimination listed in this policy.
  9. Incident or Crime that Targets a Community
    1. Where a group is the target of Hate, the CCRT will include where possible an appropriate first voice representative to determine what supports are needed, and to ensure that the affected community is centered in any college response to the extent possible.
5. Immediate Measures and Interim Measures
  1. Immediate Measures
    1. Immediate measures are short-term, time-limited measures that can be put in place immediately upon disclosure of a concern or complaint to address safety concerns and reduce harm. They are designed to be used by Public Safety and authorized College employees, often outside of regular business hours, to ensure safety for College members and between parties involved after the incident and before the CCRT comes together to determine interim measures.
    2. When the College’s Campus Housing Coordinators, Manager of Summer and Student Housing and Student Life, Principals and/or Managers of Student Services or Public Safety believe immediate measures are necessary to help ensure safety and reduce harm they may impose them and immediately notify the person who has disclosed, and the Respondent of the measures. The Duty to Consult will be enacted within two (2) business days and the CCRT will review these measures as soon as possible and within four (4) business days after the Duty to Consult.
    3. Immediate Measures must be reasonable given the concerns raised. They may include, but are not limited to:
      1. restrictions on access to campus or parts of campus, including housing;
      2. no contact/communication directives;
      3. education, housing, and/or workplace restrictions.
    4. In all cases, those employees imposing Immediate Measures will:
      1. consider the needs and safety of the person who disclosed the incident;
      2. be aware no decision on violation of this policy is being made at this time, and the measures are temporary and non-punitive, and communicate them as such;
      3. be aware of the next steps (their Duty to Consult);
      4. consider the Respondent’s ability to continue to work, learn and/or live in housing with the least disruption in the circumstances;
      5. let the Respondent know that the Immediate Measures will be assessed by the HRO or CCRT as required within six (6) business days;
      6. communicate the Immediate Measures, by email, and when possible, in person, to both the person who has disclosed and the Respondent of the measures, copying the HRO;
      7. communicate, in person and in email, that these measures are not punitive and do not indicate a decision has been made by the College on this issue.
  2. Interim Measures
    1. Interim Measures are temporary, non-disciplinary measures that may be imposed on a person alleged to have caused harm.
    2. While the situation is being resolved, the CCRT may implement Interim Measures for safety reasons and ensure the integrity of a resolution process.
    3. When a matter is being resolved through the CCRT, its members will be responsible for the assessment, implementation, and monitoring of Interim Measures. Public Safety may contact law enforcement where appropriate and required. The CCRT endeavors to ensure Interim Measures are appropriate and proportionate to the seriousness of the alleged conduct, and as minimally restrictive as appropriate to achieve their purpose.
    4. The CCRT will take steps to minimize the impact of Interim Measures on Respondents, as appropriate. Interim Measures are not punishment and do not represent a finding of misconduct. Interim Measures terminate when the complaint resolution process is concluded.
    5. Interim Measures may include, but are not limited to:
      1. restrictions on access to campus or parts of campus;
      2. no contact/communication directives;
      3. education/employment/workplace/housing restrictions;
      4. accommodations to support the Respondent to continue to work and/or learn with the least disruption possible in the circumstances and as appropriate;
      5. in the case of an employee, a non-disciplinary leave pending the outcome of an Investigation or resolution process may be imposed.
    6. Decisions about Interim Measures will be based on, but not limited to:
      1. consideration of any Immediate Measures imposed;
      2. the reasonable expectations of the reporting or disclosing individual;
      3. potential safety risk to the person who has disclosed or any other member of the College community;
      4. the nature and/or severity of the alleged conduct;
      5. reasonably credible information about patterns of conduct or previous history of behaviours under this policy;
      6. the potential impact of the measures on the person(s), including on their academic program and/or employment;
      7. the potential impact of the measures on the living, learning, or working environment of the College;
      8. any power dynamics that exist between the people involved;
      9. in the case of employees, in accordance with their relevant collective agreement;
      10. any other relevant information where there are reasonable grounds to believe that a person’s personal health and wellness are being significantly impacted and affecting their ability to successfully work and/or learn;
      11. whether there is a risk to the integrity of any potential Investigation;
      12. whether the Respondent’s presence could lead to a breach of court-imposed conditions.
    7. Interim Measures will be communicated in writing to the Respondent by the appropriate College leader. Interim measures will be reviewed by the CCRT within 15 business days of being implemented.
    8. After applying Interim Measures, the following will be provided to the Respondent in a timely manner:
      1. an explanation of the resolution process once Interim Measures are in place;
      2. details of Interim Measures;
      3. reasons for Interim Measures;
      4. a statement that measures are non-disciplinary and not based on a presumption that the policy has been violated;
      5. a statement that breaches of Interim Measures are considered a serious violation of the policy, will be investigated and may result in more severe measures or sanctions;
      6. a mandatory review date for the Interim Measures;
      7. instructions on how to request alternate Interim Measures and for that request to be considered by the CCRT;
      8. how a Respondent can access services and supports while on Interim Measures.
    9. After applying Interim Measures, the reporting person or the person who has disclosed Bullying, Harassment, Discrimination, Racism, or Hate under this policy will receive the following:
      1. an explanation of the process once the non-disciplinary Interim Measures are in place;
      2. details of Interim Measures that impact them;
      3. reasons for Interim Measures that impact them;
      4. a statement that breaches of interim measures are considered a serious violation of the policy, will be investigated and may result in more severe measures or sanctions;
      5. instructions on what to do if the Respondent breaches the Interim Measures;
      6. instructions on how to request alternate Interim Measures and for that request to be considered by the CCRT;
      7. a mandatory review date for the Interim Measures.
  3. Mandatory Review of Interim Measures
    1. All Interim Measures must have a review date, which will be no later than 15 business days after they have been put in place. Interim Measures may be reviewed earlier if either party has a change in circumstances that necessitates a review. After initial review, the Interim Measures are in place until completion of the complaint resolution process.
    2. Any change in circumstance that will impact the effectiveness of the interim measures should be reported to the Chair of the CCRT in advance of the review date. The CCRT will determine who will be responsible for periodic check-ins with the parties. The CCRT will determine what next steps will be if any of the people involved do not respect the interim measures.
    3. If and when the CCRT is considering amending or reconsidering Interim Measures, both parties will be consulted, and any changes will be provided in writing to all impacted parties.
  4. Supportive Academic/Employment Accommodations
    1. The College will support anyone who discloses Bullying, Harassment, Discrimination Racism, or Hate to continue learning, living on campus, or working, including taking steps to support their physical and psychological safety. The CCRT, together with the appropriate College leader(s), and based on program or work requirements, will assess and work with those who have experienced any of these behaviours to put supportive accommodations in place.
    2. Supportive accommodations may include, but are not limited to:
      1. extensions on assignments;
      2. deferrals of exams;
      3. class or schedule changes or late withdrawal;
      4. continuing work or studies from home;
      5. change of living arrangement, work placement, or work schedule;
      6. The ability of the College to provide supportive accommodations may be limited by:
      7. program requirements, such as regulated programs, shop, or lab time/schedules, etc.;
      8. program/course offerings;
      9. how much information is shared or the level of confidentiality requested;
      10. housing space availability;
      11. operational requirements of the workplace.
6. When Investigations are Needed
  1. In situations where other measures or resolution options are not successful or appropriate to resolve a concern, the CCRT may determine that an Investigation is appropriate and necessary, in which case, the procedures set out below apply.
  2. Determining whether an Investigation is Required
    1. In deciding whether Investigation is required, the CCRT will consider:
      1. the facts available;
      2. the requests and safety needs of the person who experienced Bullying, Harassment, Discrimination, Racism or Hate;
      3. the severity of the incident and the degree of harm caused;
      4. the potential risk to other members of the College Community or the College itself;
      5. the location and circumstances in which the incident took place;
      6. the College’s obligations under this Policy and any legal requirements;
      7. whether another Investigation involving the same circumstances is occurring, or the complaint is already the subject of a grievance or an application before the Human Rights Commission of Nova Scotia.
  3. College Initiated Reports
    1. In some cases where people do not request College action, the CCRT may determine that the College still has a duty to investigate the matter. In these cases, the College is the Complainant.
  4. Rights Throughout the Investigation Process
    1. The College acknowledges that by its nature, an investigation can be a stressful process for anyone involved.
    2. During an investigation, the person who experienced Bullying, Harassment, Discrimination, Racism, Hate has the right:
      1. to make an informed decision whether they will participate in the investigation
      2. to be treated with respect, care, and compassion
      3. to be informed of the time frame involved in the investigation process
      4. to be informed of the limits of confidentiality within the investigation process, including the limits of the College’s ability to fully investigate without their participation in the investigation process
      5. to have their privacy protected to the extent possible
      6. to be informed of and be able to respond to any allegations made by the respondent or other witnesses before there are any findings by the investigators
      7. to suggest witnesses to the investigators
      8. to be informed of the outcome of the investigation, including any discipline or other sanctions imposed, where privacy considerations allow
      9. to receive a detailed summary of the investigation report that includes the factual findings and the findings of whether there has been a breach of any policy
      10. to view a copy of the investigation report, redacted by the College of any irrelevant, personally identifying, or personal information of third parties, including witnesses
    3. During an investigation, the respondent has the right:
      1. to be treated with respect, care, and compassion
      2. to be informed of the time frame involved in the investigation process
      3. to be informed of the limits of confidentiality within the investigation process
      4. to have their privacy protected to the extent possible
      5. to be informed of and be able to respond to any allegations made by the complainant or other witnesses before there are any findings by the investigators
      6. to suggest witnesses to the investigators
      7. to be informed of the possible consequences of refusing to participate in the investigation process
      8. to be informed of the outcome of the investigation, including any discipline or other sanctions imposed
      9. to receive a detailed summary of the investigation report that includes the factual findings and the findings of whether there has been a breach of any policy
      10. to view a copy of the investigation report, redacted by the College of any irrelevant, personally identifying, or personal information of third parties, including witnesses
  5. Investigation Procedures
    1. When investigating matters using this policy, the Chair of the CCRT will advise the Complainant and the Respondent(s) that an Investigation will be started and is expected to be completed within 65 business days of decision to investigate.
    2. The CCRT will forward written information to the Investigator(s) outlining the mandate and scope of the Investigation, along with the names of any people directly involved and any witnesses.
    3. The Investigator(s) will also receive any available written or electronic evidence that the CCRT believes is important to the determination of whether there has been a violation of policy.
    4. Within one week of receiving the report, the Investigator(s) will contact the people directly involved and witnesses to inform them of the Investigation and meeting arrangements.
    5. Those responding to a complaint (a Respondent) have the right to know the allegations against them, and to bring forward to the Investigator(s) any relevant information they think is important, and to provide the names of any witnesses they believe have information that may help the Investigator(s) to determine what happened.
    6. After the Investigator(s) have interviewed all relevant witnesses, the Investigator(s) will advise the Chair of the CCRT, who will inform the Complainant and Respondent, by email, that the Investigator(s) have concluded the interviews with witnesses.
    7. At the conclusion of the Investigation, the Investigator(s) will prepare a written confidential Investigation report with finding(s) as to whether, on a balance of probabilities (i.e., more likely than not), the Respondent has violated the policy and provide reasons for the finding(s). Reasons will include determinations of credibility, and an analysis of the evidence.
    8. The Investigator(s) will forward the Investigation report to the Chair of the CCRT within 30 business days of completing all interviews, unless there are exceptional circumstances that prevent them from completing the report. In those cases, the Investigator(s) will notify the Chair of the CCRT of the reason for the delay.
  6. Meeting with Investigator(s)
    1. When requested, everyone in the College Community is expected to meet with the Investigator(s).
    2. Anyone who is meeting with the Investigator(s) has the right to bring a support person with them. The support person cannot be someone who is a witness, a Complainant, or a Respondent. The support person is present only to support the person being interviewed by the Investigator(s) and not to participate in the meeting
    3. The Investigator(s) will ask those being interviewed to provide information they have about the matter that may assist the Investigator(s) in determining what happened.
    4. Everyone who participates in an Investigation is requested to keep the Investigation and their participation confidential to protect the integrity of the process.
  7. Confidentiality of Investigations
    1. All participants are required to keep the Investigation and any information shared with them during an Investigation, confidential.
    2. Investigations are a serious process and often require participants to be aware of information that they would normally not know, for example, that the action of a co-worker or peer is being investigated, or that a coworker or peer is a witness in a matter.
    3. All individuals involved in an Investigation process will be advised of their duty to maintain the confidentiality of all information disclosed to them or by them, including any personal information. This is different than a Non-Disclosure Agreement and intended to protect the integrity of the Investigation process and privacy requirements.
  8. After the Investigation
    1. The Chair of the CCRT will provide the Investigation report to the members of the CCRT, who will determine whether to accept the report, send it back to the Investigator(s) with questions for clarification, or not accept the report. Where a report is not accepted, the Complainant and the Respondent will be advised that the report was not accepted, with general information about why the report was not accepted. The CCRT will determine any next steps and communicate this information to the Complainant and the Respondent, which may involve further resolution of options under this policy.
  9. Outcomes and Disciplinary Measures
    1. When a report is accepted and it has been determined there was a violation of this policy, the CCRT will make recommendations regarding any remedial measures and/or sanctions up to and including dismissal from the College or termination of employment to ensure the safety of the College Community.
      1. In the case of a student dismissal, recommended sanctions may include a requirement to meet specific conditions before their return, and in such cases, a “campus consult required” will be placed on their file with the Registrar’s office. If the respondent is an employee or non-student member of the College, final disciplinary measures, if deemed appropriate in the circumstances, are determined by the Director, Human Resources, in consultation with the Senior College Leader of an employee’s central department or designate.
      2. Once a decision about outcomes is made, the Principal, in the case of student Respondents, or the Director of Human Resources, in the case of employees, will advise the Respondent of the outcomes and any sanctions.
      3. The Complainant and witnesses will also be advised that the matter is concluded, and of any outcomes that impact them. The confidentiality of the Respondent will be respected.
      4. The CCRT is to be kept apprised of outcomes and disciplinary measures, and the Manager of Human Rights will be included in final correspondence to respondent for accurate record keeping.
    2. The following will be considered when imposing a sanction:
      1. the nature and severity of the incident
      2. the impact of incident on the complainant and the College community and the remedy sought
      3. procedural fairness as applicable in the context
      4. the principle of progressive discipline with sanctions and the College’s role as an educational institution
      5. the requirements set by applicable college regulations or collective agreements
      6. whether there was intent
      7. the context in which it occurred
      8. whether the respondent accepts responsibility for their actions
      9. aggravating or mitigating factors, health, or personal issues
      10. any record of previous policy breaches
      11. any other relevant factors
  10. Requesting a Review of Investigation Findings
    1. A Complainant employee or a Respondent employee who is a member of a union may seek a review of the decision to accept Investigation findings as provided under the grievance procedures in the applicable collective agreement.
    2. Complainants or Respondents who are non-unionized employees or students can request a review of the decision to accept the findings of the Investigation by submitting a request to the Director of Human Rights Office.
    3. A review is not a hearing or re-hearing of the evidence. All Interim Measures will remain in place, subject to requirements to review Interim Measures, during the period of review of the decision to accept the Investigation findings.
    4. Grounds for review of the decision to accept the Investigation findings are limited to the following:
      1. the finding is unsupported by evidence;
      2. new, relevant information, not reviewed at the time of the Investigation or at the time the decision to accept the Investigation findings was made, is available and potentially could change the findings;
      3. denial of procedural fairness, such as a procedural error, failure to provide notice or opportunity to respond, bias or reasonable apprehension of bias.
      4. All review requests must be submitted to the Director, Human Rights, in writing within seven business (7) days after the decision to accept the Investigation findings is sent to the Complainant and the Respondent, and should include the following:
        
        a statement of the grounds for review;
        
        a statement of the facts relevant to the grounds for review;
        
        a statement of what the person requesting the review is seeking;
        
        copies of relevant documents that support the request for review;
        
        in the event of evidence that was not available at the time of the Investigation, information about why that evidence was not available during the Investigation, and copies of that evidence or witness statement.
    5. The Director will assign an independent reviewer with expertise in fairness, Investigations, and human rights who has no previous association with the matter. The reviewer may be internal or external to the College.
    6. In any request for a review, the other party or parties to the matter under review, Respondent or Complainant, will be given an opportunity to respond to the information in support of the request for a review within 5 business days of being notified of the review process.
    7. A request for review that is not supported by valid grounds will be dismissed. Reviews that are supported by valid grounds may result in the matter being returned to the decision maker, CCRT.
    8. All records for review will be stored confidentially with the HRO.
    9. Review decisions are final.
  11. Anonymous Reports
    1. The College recognizes that individuals may wish to report human rights concerns anonymously due to fear of retaliation or other personal reasons. However, reports made without the name of a Respondent may not be able to be acted upon. The College is limited in its ability to action anonymous reports.
    2. While anonymity may limit the ability to Investigate or resolve a concern, an anonymous complaint can:
      1. highlight patterns of behaviour that might otherwise go unnoticed;
      2. encourage reporting from those who fear retaliation or feel unsafe;
      3. provide early warnings that may help prevent further harm;
      4. support a culture of accountability, even when people are not ready or able to come forward publicly.
    3. Where the College has information to contact the anonymous complainant, the HRO will reach out to the anonymous complainant to seek further information and clarification, provide information about college processes, and resource information.
  12. Multiple Disclosures About the Same Person
    1. If the College receives three (3) or more separate disclosures concerning the same individual Respondent, and none of the disclosing parties has requested College action, the HRO will contact each person to offer an opportunity to reconsider and decide whether to initiate a report. The Manager, Human Rights may determine that a CCRT should review the matter to determine whether the College may proceed with any Resolution Options under this policy regardless of any participation by the disclosing individuals.
  13. Confidentiality, Reporting, and its Limits
    1. The College will make every reasonable effort to protect the privacy of those making reports under this policy and procedure however, confidentiality cannot be guaranteed in all circumstances.
    2. Confidentiality cannot be assured in cases where:
      1. it prevents the College from properly addressing the concern or complaint or taking necessary and appropriate action;
      2. the person facing allegations needs enough information to be able to respond fairly;
      3. someone appears to be at immediate risk of causing harm to themselves or others;
      4. a child or vulnerable person has been harmed or is at risk;
      5. the law requires us to share information;
      6. the person facing allegations is in a position of trust or authority, such as a manager or faculty member;
      7. there are other serious concerns about the safety of the College community.
    3. The College has a responsibility to balance the requests of the person who has disclosed a concern under this policy with its obligation to protect the College Community and a legal responsibility towards procedural fairness.
  14. Withdrawing from a Process
    1. Community Members who have experienced Bullying, Harassment, Discrimination, Racism, and/or Hate can choose to stop participating in meetings or recommended processes at any time. The CCRT may decide that an Investigation must continue without their participation if:
      1. the incident was severe;
      2. there is a risk of harm to others;
      3. the location or situation raises safety concerns;
      4. there is a likelihood of effective resolution without the participation of the person who experienced harm;
      5. there are any legal requirements.
    2. In these circumstances, if the CCRT determines that a matter must proceed with an Investigation, the Complainant and Respondent will be notified and provided with reasons by the Chair of the CCRT.
  15. Retaliation
    1. Retaliation towards someone who makes a complaint or supports someone in making a complaint is strictly prohibited, regardless of whether the original complaint is substantiated. It is considered a serious violation of this policy and will be addressed independently of the outcome of the initial complaint.
  16. Abuse of Process
    1. If someone makes a complaint that is clearly false or made with the intention of harming another through a false report, it will be treated as a misuse of the process. This is a violation of this policy and the Student and Employee Community Standard Policies and could lead to disciplinary action.
  17. Other Processes
    1. If a complaint is already the subject of an Investigation, grievance, or an application before the Human Rights Commission of Nova Scotia, the College may suspend the complaint resolution process under this policy until the completion of the other process.
  18. Data Tracking and Reporting
    1. An annual report will be prepared by the Human Rights Office on an annual basis. Reports will provide report statistics, outcomes, and themes and will not contain identifying information.