Policy 1010 — Anti-Racism Education and Response

Policy section:

Section 1000 - 1099 Discrimination & Harassment

Policy number:

1010

Subject:

Anti-Racism Education and Response

Group:

Institutional

Approved By:

Board of Regents

Approved date:

May 16, 2017

Effective date:

May 31, 2017

Administered by:

Vice-President, International & Student Affairs, & Vice-President, Finance & Administration

Developed by:

Adam Christie, Director of Student Life & International Services
Christa Maston, International Student Advisor
Doreen Richard, Indigenous Affairs Coordinator
Maritza Fariña, Department of Modern Languages & Literature
Dr. Morgan Poteet, Department of Sociology
Ryan LeBreton, MASU President
Samantha Peña, student (MOSAIC)
Saniya Korhalkar, student (MOSAIC)
Dia Minors, student (BSAAT)
Zoe Luba, student (BSAAT)

��ñ�� wishes to acknowledge Carleton University, St. Francis Xavier University, Brock University, and Acadia University whose related expertise, policies and procedures provided both a background and foundation in best practices that assisted in the development of this policy.

1 — PREAMBLE

��ñ�� affirms the fundamental principle of equality of all peoples, as put forward by the New Brunswick Human Rights Act (NBHRA), the Canadian Charter of Rights and Freedoms (CCRF), and the United Nations.

a) “…all persons are equal in dignity and human rights without regard to race, colour, religion, national origin, ancestry, place of origin, age, physical disability, mental disability, marital status, sexual orientation, sex, social condition or political belief or activity is a governing principle sanctioned by the laws of New Brunswick;” (NBHRA)
b) “Every individual is equal before and under the law and has the right to the equal protection and equal benefit of the law without discrimination and, in particular, without discrimination based on race, national or ethnic origin, colour, religion, sex, age or mental or physical disability.” (CCRF, Section 15)
c) All human beings belong to a single species and share a common origin. They are born equal in dignity and rights and all form an integral part of humanity. All peoples of the world possess equal faculties for attaining the highest level in intellectual, technical, social, economic, cultural and political development. The differences between the achievements of the different people are entirely attributable to geographical, historical, political, economic, social and cultural factors. Such differences can in no case serve as a pretext for any rank ordered classification of nations or peoples. (General Conference of the United Nations Educational, Scientific and Cultural Organisation, Article I)

2 — PURPOSE

The purpose of this policy is to create and maintain a learning and work environment at ��ñ�� that is free of racism and racial harassment; and to provide a mechanism by which complaints of racism and racial harassment are addressed in a clear and timely fashion.

3 — PRINCIPLES

a) Racism and any form of racial harassment will not be tolerated at ��ñ��.

b) All members of the ��ñ�� community have the right to learn and work in an environment free of racism and racial harassment.

c) ��ñ�� has a responsibility to provide a safe and harassment-free environment to all students and employees.

d) All members of the ��ñ�� community share responsibility for ensuring a learning and work environment that is free from racism and racial harassment.

e) ��ñ�� will take a proactive and educative approach to building a campus culture that affirms equality and rejects racism and racial harassment in any form.

f) ��ñ�� will hold to account any member of our community who engages in or is responsible for acts of racism or racial harassment.

g) ��ñ�� is an environment where academic freedom, freedom of expression, speech, and belief is safeguarded and exercised in a culture of mutual respect; where an open exchange of diverse points of views is encouraged; and where every member of the community, including visitors, is able to work, live, teach, and learn free from harassment and discrimination.

4 — SCOPE

This policy applies to all ��ñ�� students and employees, and extends to include University Board members, visitors to the University, and contractors. The policy applies to (a) conduct on University premises, and (b) conduct not on University premises but which has a direct and negative impact on student life and the University’s operations. This includes, but is not limited to:

a) University-organized or University-sanctioned off-campus events;
b) University-organized or University-sanctioned events where students or employees are acting as delegates or designated representatives of the University;
c) Off-campus behaviour that violates University policies and agreements (see Section 14) or the law.

For the purposes of this policy, “conduct” refers to anything said, written, done, or distributed, in print or electronically, that may be classified as racism or racial harassment (see Definitions, Section 7).

Any decision under this policy about whether conduct creates an environment which impairs the full and equal participation in the affairs of the University community of a person or persons due to their race must take into account that ��ñ�� is a community which affirms diversity; academic freedom; and freedom of thought and expression (refer to Section 5, “Respectful Dialogue & Freedom of Expression).

5 — RESPECTFUL DIALOGUE & FREEDOM OF EXPRESSION

��ñ�� affirms that it is the function of a university to contribute directly to building a society that espouses the principles of freedom of thought and expression. A community where teaching, research, and academic freedom flourish includes an environment where freedom of expression, speech, and belief is safeguarded and exercised in a culture of mutual respect; where an open exchange of diverse points of views is encouraged; and where every member of the community, including visitors, is able to work, live, teach, and learn free from harassment and discrimination.

The Racism Policy adheres to the principles of respectful dialogue and freedom of expression. It seeks to address and hold to account individuals who are responsible for demeaning, derogatory, or discriminatory actions or speech on the basis of race (see Definitions, Section 7). Such behaviour is not in keeping with ��ñ��’s standard for discourse, academic inquiry, and community living.

It should be noted that in the discussion of human affairs, it may be necessary to examine issues of race and racism. Such discussions do not in and of themselves constitute racism when exercised within a framework of and respect for the principles of academic freedom.

Academic Freedom
Academic freedom is fundamental to the mission of the University and is protected in agreements between the University and its faculty (refer to Section 14). Academic freedom allows for full intellectual inquiry, discourse, and critique without fear of institutional censorship. It does not, however, give license to denigrate or discriminate on the basis of race. In instances when academic freedom and the Racism Policy appear to be in conflict, the matter will be referred to the appropriate collective agreement for resolution.

6 — EDUCATION & AWARENESS

��ñ�� condemns racism and any manifestations of racial intolerance or discrimination. It is committed to preventing such behaviours by:

a) educating all members of the University community on issues associated with race and ethnocultural relations, racism and racial harassment;
b) working collaboratively with student and employee groups to engage in ongoing anti-racism education and events;
c) providing regular and ongoing anti-racism training for all members of the Anti-Racism Education & Response Team and the Racism Judicial Panel;
d) ensuring that Diversity & Inclusion are central themes to University Orientation;
e) promoting active bystander initiatives and the development of an anti-racism environment; and
f) addressing University policies and practices, that while not intentionally discriminatory, have a discriminatory effect.

All members of the University community will be encouraged to participate in active learning and self-reflection around this subject both in and outside the classroom.

7 — DEFINITIONS

ACADEMIC FREEDOM (as per the MAFA-MTA Collective Agreement)
The common good of society depends upon the search for knowledge and its free exposition. Academic freedom in universities is essential to both these purposes in the fulfillment of an employee’s professional responsibilities. ��ñ�� and ��ñ�� faculty members agree that they will not infringe or abridge the academic freedom of any member of the faculty association. ��ñ�� faculty members are entitled, regardless of prescribed doctrine, to freedom in carrying out research and creative activity, and in publishing the results thereof; freedom of teaching and of discussion; and freedom from institutional censorship. Academic freedom does not require neutrality on the part of the individual. Rather, academic freedom makes commitment possible. Academic freedom carries with it the duty to use that freedom in a manner consistent with the scholarly obligation to base research and teaching on an honest search for knowledge, and with due regard for the rights of others. Freedom in teaching necessarily includes the freedom of an employee to determine pedagogy, and the use of those teaching and support materials which she/he believes to be appropriate.

ACTIVE BYSTANDER
An active bystander is someone who not only witnesses a situation, but takes steps to speak up or step in to keep a situation from escalating or to disrupt a problematic situation.

ANTI-RACISM
Anti-racism refers to actions and discourses that contribute to the elimination of racism in all its forms.

ANTI-RACISM EDUCATION & RESPONSE TEAM
The Anti-Racism Education & Response Team is an assembly of staff, faculty and student representatives who are formally tasked with receiving and responding to disclosures and/or complaints of racism or racial harassment.

COMPLAINT
A formal written account of an incident of racism or racial harassment submitted to the Anti-Racism Education & Response Team for the purpose of initiating a formal review and resolution process.

CONTRACTOR
Any person, not otherwise defined as an employee or student, who is contracted by the University to provide goods or services to the University.

DISCLOSURE
When an individual provides information to a member of the Anti-Racism Education & Response Team that they or another party have witnessed or experienced racism or racial harassment. Disclosures are for information and documentation purposes only and may include a request for mediation, counselling, education, guidance, or other forms of support. If an individual decides to pursue additional action under the policy, it will be treated as a Complaint (see above).

EMPLOYEE
Any person who works part-time or full-time under a contract of employment with the University, whether oral or written.

NATURAL JUSTICE
The principle of natural justice seeks to ensure procedural fairness in the resolution of a complaint: the right to notice, the right to be heard, the right to a coherent procedure and a reasoned decision.

RACE
For the purposes of this Policy, “race” should be read to include race, ancestry, place of origin, colour, ethnic origin, and citizenship.

RACIAL HARASSMENT
Racial harassment is a course of vexatious conduct that is known or ought reasonably to be known to be unwelcome that is directed at a person or group on the basis of race. It includes physical assault or interference; inappropriate display or transmission of material that is racist, ethnic or religious in a demeaning manner; as well as racist jokes, anecdotes, slurs (including racially derogatory nicknames) or comments that are obviously insulting, demeaning or derogatory towards a person because of race or continue after the speaker is informed that the comments are unwelcome and/or have caused offence.

RACIALIZATION
The process through which groups come to be designated as different on the basis of race, and subjected to differential and less favourable treatment. Ethnicity, language, economics, religion, culture, politics, and other bases of difference may also be involved in processes of racialization.

RACISM
Racism is any action or attitude that subordinates an individual or group on the basis of race. It can be enacted individually or institutionally, consciously or unconsciously. (United States Commission on Civil Rights)

Racism is more than personal prejudice; it involves carrying into effect one’s prejudices, resulting in discrimination, inequity and/or exclusion. Racism can be openly displayed in racial jokes, slurs, or hate crimes. It can also be more deeply rooted in attitudes, values, and stereotypical beliefs. In some cases, people don’t even realize they have these beliefs. Instead, they are assumptions that have evolved over time and have become part of systems and institutions, and also associated with the dominant group’s power and privilege. (Ontario Human Rights Code)

RACISM JUDICIAL PANEL
The Racism Judicial Panel is the adjudicating body that hears, rules and/or makes recommendations on any formal complaints of racism or racial harassment in which one or more students is a respondent. The Racism Judicial Panel consists of two students, one faculty member, and one staff member who are appointed by the Anti-Racism Education & Response Team following an open application process.

STUDENT
Any person admitted to or enrolled at ��ñ��, full-time or part-time, pursuing non-credit, undergraduate or graduate studies, whether or not the individual is currently registered in courses or is currently a candidate for a degree or certificate. An individual is considered to be a student during periods before and between terms, while on university suspension, during an approved leave of absence, and while participating in university-approved study at another university.

UNIVERSITY COMMUNITY
Current students and employees of ��ñ��, including members of University Boards. Also refers to contractors, their employees and agents, and visitors to the University. Allegations of racism against contractors, their employees and agents will be dealt with by the University as potential breaches of contract, and may result in suspension of University privileges, such as access to the campus.

VISITOR
Any person, who is not a student or employee of the university as defined by this policy, who visits ��ñ�� property. This could include: members of the local community attending events held on campus, those making use of recreational facilities on campus, guests and contractors or other persons working on ��ñ�� premises but not employed by ��ñ��.

8 — INTERSECTIONALITY

��ñ�� is a diverse community and recognizes that individual experiences of racism or racial harassment are often affected by factors including but not limited to sex, ancestry, ethnicity, language, ability, faith, age, socioeconomic status, sexual orientation, gender identity, and gender expression. To this end, every effort will be made to understand how experiences of racism intersect with other bases of inequality.

9 — REPORTING

All disclosures and complaints of racism or racial harassment should be directed to the Anti-Racism Education & Response Team. For the full composition and contact information of the Anti-Racism Education & Response Racism Team, please refer to the Racism and Racial Harassment Prevention & Response Procedure.

The Anti-Racism Education & Response Team serves as a resource to students and employees who have witnessed or experienced racism or racial harassment. It documents disclosures and provides guidance to individuals who wish to proceed with a formal complaint. The team likewise serves as a resource to students and employees who are identified as respondents in complaints of racism or racial harassment.

10 — CONFIDENTIALITY

Confidentiality is a key principle in creating an environment where individuals feel safe to report and seek support. The University falls under the New Brunswick Right to Information and Protection of Privacy Act which concerns both the protection and disclosure of records. All reports made to the Racism Response Team will be kept confidential to the full extent possible and in accordance with law, where disclosure may be required, in order to best support and advise the reporting individual(s).

11 — RECORD KEEPING

A permanent record of the number and types of cases and the resolution of cases will be maintained by the Anti-Racism Education & Response Team. No names or identifying information will be included in the permanent records. For student matters, individual case files will be maintained by the Student Life Office. For employees, individual case files will be maintained by the Human Resources Department.

12 — IMPLEMENTATION

The ongoing review, development, and implementation of this policy are the responsibility of the Vice-President International and Student Affairs for student issues and the Vice-President Finance and Administration for employee, contractor, or Board issues.

13 — POLICY REVIEW

To ensure this policy is consistent with current best practices across Canada, it will be reviewed one year after implementation and then every 4 years, or more frequently when relevant social, resources or legal changes otherwise warrant an update. The review will be conducted by a committee consisting of the Anti-Racism Education & Response Team and the Racism Judicial Panel.

14 — RELATED POLICIES & DOCUMENTS

The responsibilities and activities of ��ñ��’s students and employees are broadly governed by an approved set of policies and procedures. These policies and procedures interact with one another to ensure a comprehensive and consistent response to complaints and violations. In addition to being subject to the terms of this policy, incidents of racism and racial harassment may also be subject to the terms of the following policies and collective agreements:

a) Student Code of Conduct
b) Residence Life Code of Conduct
c) Policy 1006 — Sexual Violence Prevention and Response Policy
d) Policy 1005 — Workplace Harassment
e) (pdf)
f) (pdf)
g) (pdf)
h) (pdf)

Anti-Racism Education and Response Procedures

Anti-Racism Education & Response Team: antiracism@mta.ca

Director of Student Experience (Chair)
Indigenous Student Advisor
International Student Advisor
Diversity, Education, Inclusion and Anti-Racism Student Advisor
Faculty member at large
Students at large

1 — TERMS OF REFERENCE

This Procedure document complements the Racism and Racial Harassment Prevention and Response Policy by providing a structure and protocols for receiving and resolving complaints of racism and racial harassment within the ��ñ�� community.

2 — SCOPE

The Racism and Racial Harassment Prevention & Response Policy & Procedure applies to all ��ñ�� students and employees, and extends to include University Board members, visitors to the University, and contractors. The policy applies to (a) conduct on University premises, and (b) conduct not on University premises but which has a direct and negative impact on student life and the University’s operations. This includes, but is not limited to:

a) University-organized or University-sanctioned off-campus events;
b) University-organized or University-sanctioned events where students or employees are acting as delegates or designated representatives of the University;
c) Off-campus behaviour that violates University policies and collective agreements or the law.

3 — DEFINITIONS

ANTI-RACISM
Anti-racism refers to actions and discourses that contribute to the elimination of racism in all its forms.

ANTI-RACISM JUDICIAL PANEL
The Anti-Racism Judicial Panel is the adjudicating body that hears, rules, and makes recommendations on any formal complaints of racism or racial harassment in which one or more students is a respondent. The Anti-Racism Judicial Panel consists of two students, one faculty member, and one staff member who are appointed by the Anti-Racism Education & Response Team following an open application process.

BUSINESS DAYS
The days of Monday to Friday inclusive between 8:30 a.m. and 4:30 p.m. Atlantic Time, with the exclusion of weekends, public holidays, and periods when the University is officially closed.

COMPLAINT
Also referred to as a formal complaint, a complaint is a written account of an incident of racism or racial harassment submitted to the Anti-Racism Education & Response Team for the purpose of initiating a formal review and resolution process.

COMPLAINANT
The person or persons who file[s] a complaint under the terms of this policy and procedure.

CONTRACTOR
Any person, not otherwise defined as an employee or student, who is contracted by the University to provide goods or services to the University.

DISCLOSURE
When an individual provides information to a member of the Anti-Racism Education & Response Team that they or another party have witnessed or experienced racism or racial harassment. Disclosures are for information and documentation purposes only and may include a request for mediation, counselling, education, guidance, or support. If an individual decides to pursue additional action under the policy, it will be treated as a Complaint (see above).

EMPLOYEE
Any person who works part-time or full-time under a contract of employment with the University, whether oral or written.

INQUIRY
An official review, ordered by the University, of University policy or practice. The purpose of the review is to determine any inherent failings within University policy or practice and to make recommendations for redress or improvement.

MEDIATION
Refers to a voluntary process where a third-party facilitates a face to face dialogue between two or more parties and helps the parties arrive at reconciliation or a mutually agreeable resolution. For the purposes of this procedure, the Anti-Racism Response Team will maintain a list of mediators who have received the appropriate training which may be used during informal resolutions.

RACE
For the purposes of this Procedure, “race” should be read to include race, ancestry, place of origin, colour, ethnic origin, and citizenship.

RESPONDENT
The subject of a complaint, or in the context of an Appeal, the person or party who contends against an appeal.

RESTORATIVE JUSTICE
A philosophy of justice that aims to resolve an incident by focusing on redressing the harm caused, holding offenders accountable for their actions and, as often as possible, engaging the community in the resolution of the incident and identified "harm."

STUDENT
Any person admitted to or enrolled at ��ñ��, full time or part time, pursuing non-credit, undergraduate or graduate studies, whether or not the individual is currently registered in courses or is currently a candidate for a degree or certificate. An individual is considered to be a student during periods before and between terms, while on university suspension, during an approved leave of absence, and while participating in university-approved study at another university.

SUPPORT PERSON
Someone who provides emotional support and counsel to the complainant or respondent throughout the complaint submission and resolution processes.

SYSTEMIC RACIAL DISCRIMINATION
Patterns of behaviour, policies or practices that are part of the structures of an organization, and which perpetuate racism.

UNIT HEADS
Includes Deans, Directors, Heads of Departments, Co-ordinators or Managers of Administrative Units, and the University Librarian.

3 — ANTI-RACISM EDUCATION & RESPONSE TEAM

The Anti-Racism Education & Response Team serves as a resource to students and employees who have experienced racism or racial harassment. It documents disclosures and provides guidance to individuals who wish to proceed with a formal complaint. It likewise serves as a resource to students and employees who are identified as respondents in complaints of racism or racial harassment.

In addition to overseeing the complaint resolution process, the Anti-Racism Education & Response Team is also responsible for taking the lead in coordinating campus-wide campaigns around diversity, inclusion, and anti-racism education.

4 — ANTI-RACISM EDUCATION & RESPONSE TEAM COMPOSITION

The Anti-Racism Education & Response Team consists of the following University community members:

Director of Student Experience (Chair)
Indigenous Student Advisor
International Student Advisor
Diversity, Equity, Inclusion, Anti-Racism Student Advisor
Faculty Member At Large
Student Members At Large x2

APPOINTMENT OF FACULTY MEMBER AT LARGE:

a) The faculty appointment to the Anti-Racism Education & Response Team will be made by a team comprising of 1) the Vice-President, Academic & Research, 2) the MASU Vice-President, Academic Affairs (or delegate), and 3) one standing member of the Anti-Racism Education & Response Team. Appointments will be made following an open application process.

b) The Faculty Member At Large will serve a one-year term (September – August), renewable four times up to a maximum of five years. Requests for renewal must be submitted in writing to the Provost’s Office by January 31 of each year. A Faculty Member At Large who wishes to serve beyond five years must re-apply as part of an open application process.

c) Any faculty member is eligible to serve on the Anti-Racism Education & Response Team, but preference will be given to applicants with a demonstrated interest in and/or lived experience with racism, racial harassment, and other forms of discrimination.

APPOINTMENT OF STUDENT MEMBERS AT LARGE:

a) Student appointments to the Anti-Racism Education & Response Team will be made by a team comprising of

the Vice-President, International & Student Affairs (or delegate),
the MASU Vice-President, Student Life (or delegate), and
one standing member of the Anti-Racism Education & Response Team.

Appointments will be made following an open application process.

b) The Students At Large will serve a one-year term (September – August), renewable once up to a maximum of two years. Requests for renewal must be submitted in writing to the Student Life Office by January 31 of each year.

c) Any student is eligible to serve on the Anti-Racism Education & Response Team, but preference will be given to applicants with a demonstrated interest in and/or lived experience with racism, racial harassment, and other forms of discrimination.

5 — REPORTING

Individuals who have witnessed or experienced racism or racial harassment are encouraged to contact the Anti-Racism Education & Response Team.

A general e-mail to the full Anti-Racism Education & Response Team membership can be sent via the antiracism@mta.ca e-mail address. Individual members of the Anti-Racism Education & Response Team can be contacted directly and confidentially via their ��ñ�� e-mail addresses. The Anti-Racism Education & Response team, individually or as a group, will respond to all inquiries, reports, and complaints within five (5) business days.

a) Individuals who come forward to report incidents of racism or racial harassment are protected by anti-retaliation provisions as listed within the applicable University policies and collective agreements.

b) Confidentiality is a key principle in creating an environment where individuals feel safe to report and seek support. The University falls under the New Brunswick Right to Information and Protection of Privacy Act which concerns both the protection and disclosure of records. All reports made to the Racism Response Team will be kept confidential to the full extent possible and in accordance with law, where disclosure may be required, in order to best support and advise the reporting individual(s).

c) The Anti-Racism Education & Response Team will provide all necessary guidance and support to individuals who come forward with reports of racism or racial harassment. This includes making individuals aware of the options around consultation, disclosure, informal resolution, and making a formal complaint. The Anti-Racism Education & Response Team will assist individuals in understanding each of these options, ensuring that they have all the information they need in order to make an appropriate decision on next steps.

d) Consultation — if an individual would like to meet with one or more members of the Anti-Racism Education & Response Team to better understand how the Racism and Racial Harassment Prevention & Response Policy & Procedure may relate to a general or specific set of circumstances, this is referred to as a consultation. The Anti-Racism Education & Response Team will assist in helping to clarify what conduct is covered by the policy, what options are available for resolution of a matter, and what services and supports are available to those involved. If the matter does not specifically apply to the policy, the Anti-Racism Education & Response Team will direct the individual to the appropriate university policy or procedure.

e) Disclosure — if an individual wishes to share the details of an incident with the Anti-Racism Education & Response Team but does not wish to pursue action against the alleged perpetrator(s), it will be treated as a disclosure. The details but not the names of the people involved will be documented by the Anti-Racism Education & Response Team and entered into a permanent file. The file will become part of an official University record of incidents of racism and racial harassment. For individuals who opt for disclosure, there is no requirement to proceed with an informal resolution or formal complaint.

f) Informal Resolution — if an individual desires an educative outcome that involves engaging the respondent(s) in some form of direct or indirect mediation and/or settlement, the informal resolution option is used. The Anti-Racism Education & Response Team will help to facilitate any mediation or settlement, or assign a third party as a proxy. For more information about the Information Resolution process, refer to Section 7.

g) Formal Complaint — if an individual would like an incident of racism or racial harassment formally investigated and adjudicated, the formal complaint option is used. All complaints must be submitted to the Anti-Racism Education & Response Team in writing. The Anti-Racism Education & Response Team will document the details of the complaint before referring the case to the appropriate adjudication person or body. For more information about the Formal Complaint process, refer to Section 7.

h) Inquiry — if members of the University Community identify what they believe to be an example of systemic discrimination within the University, they are encouraged to make an official inquiry. Inquiries should be submitted in writing to the Anti-Racism Education & Response Team. The details of the inquiry will be documented, minus any identifying information (as per Section 16, “Record Keeping”). The inquiry will then be sent to the appropriate Vice-President for review and resolution. The Vice-President will have thirty (30) business days to respond to the inquiry. All responses will be sent in writing to the original submitter(s) of the inquiry, copied to Anti-Racism Education & Response Team.

6 — MAKING A COMPLAINT

Any member of the University community may lodge a complaint of racism or racial harassment pertaining to University work, studies, or participation in campus life.

All complaints should be directed to the Anti-Racism Education & Response Team. Complaints where the respondent is a student, or the guest of a student, will be referred to the Anti-Racism Judicial Panel. Complaints where the respondent is an employee will be referred to the appropriate person with administrative authority with respect to the employee(s). Complaints against (non-student) visitors, contractors, or University Board members will be referred to the appropriate University Vice-President.

In cases when an employee is also a student or a student is also an employee, the individual’s primary role at the university will determine which complaint resolution procedure is followed.

NOTE: as per Section 5.3 of the Student Code of Conduct, “student hosts are responsible for the conduct of their guests.” Student hosts of guests who are named as respondents in complaints under this policy and procedure may be added as respondents to a case file.

6.1. The complaint process can be initiated by directly contacting an individual member of the Anti-Racism Education & Response Team or by sending a message to the antiracism@mta.ca e-mail address.

6.2. All complaints must be detailed in writing.

6.3. According to the principle of natural justice, formal complaints of racism or racial harassment necessitate the identification of the complainant(s) and respondent(s), as best as they can be determined. Anonymous complaints of racism or racial harassment will not be processed.

6.4. Allegations against another member of the university community made in bad faith or for a vexatious purpose (instituted without real grounds and meant to harm) may be the subject of a complaint under the policy by any named respondent and may result in a recommendation for and imposition of action or sanctions.

6.5. Complainants are encouraged to report their concerns to the Anti-Racism Education & Response Team as soon as possible after the alleged conduct. Only those complaints lodged within one (1) year of an incident will be processed through the formal complaint procedure.

6.6. For complaints submitted during the academic year (September – April), the timeline for resolution as detailed in this document will apply. For complaints submitted outside the academic year (May – August), the resolution process may be delayed in stages or postponed until the beginning of the subsequent academic year.

6.7. Individuals who submit a formal complaint of racism or racial harassment through the Anti-Racism Education & Response Team retain autonomy and the freedom of choice throughout the reporting and resolution processes. They have the right to report a complaint and to participate in the complaint-resolution process. Equally, they have the right to rescind a complaint and to withdraw their participation from the complaint-resolution process.

7 — OPTIONS FOR ADDRESSING A COMPLAINT

INFORMAL RESOLUTION
Informal resolution provides a forum for participants to discuss the complaint, the impact of the incident, and to develop a resolution. Informal resolution may engage the complainant(s) and the respondent(s) together or separately, or may involve only the complainant(s). The complainant will work with the Anti-Racism Education & Prevention Team to select the preferred method of informal resolution. Examples of informal resolution may include, but are not limited to, providing advice, education, mediation, and restorative justice.

The purpose of dealing with a complaint informally is to stop the offending behaviour and to resolve the matter as quickly as possible. Every effort will be made to seek informal resolution within thirty (30) business days of the initiation of the complaint. In the case of informal resolution processes, where a resolution is not reached, the case would normally proceed to a formal resolution procedure.

At any point, the individual who initiated the informal resolution option may choose to discontinue or switch to the formal complaint procedure. The content of the informal resolution process is confidential. Any personal information or admissions shared within the process may not be used by either party against the other in the formal complaint process unless otherwise stipulated.

The complainant and the respondent are entitled to have a support person present during any informal resolution proceeding.

FORMAL COMPLAINT RESOLUTION
Individuals who want their complaint formally investigated and adjudicated should select the Formal Complaint Resolution option.

The Anti-Racism Education & Response Team will review the complaint to determine if/how it should proceed under the Racism and Racial Harassment Prevention & Response Policy, and then advise the complainant accordingly. If the respondent is a student or the guest of a student, the complaint will be referred to the Anti-Racism Judicial Panel (refer to sub-section A for more details). If the respondent is an employee, the complaint will be referred to the person with administrative authority for the employee (refer to sub-section B for more details). If the respondent is a non-student visitor, a contractor, or a University Board member, the complaint will be referred to the appropriate University Vice-President (refer to sub-section C for more details).

A. FORMAL COMPLAINTS AGAINST STUDENTS

1) Upon receipt of a complaint against a student or the guest of a student, the Anti-Racism Education & Response Team will document the details of the complaint minus any identifying information (as per Section 17, “Record Keeping”).

2) Under the rules of procedural fairness, the Anti-Racism Education & Response Team will notify the respondent(s) within five (5) business days of the complaint against them. Notification of the complaint will include a written summary of the complaint and an invitation to meet with representatives of the Anti-Racism Education & Response Team to review the complaint in more detail.

3) The respondent has the right to respond to the complaint. All responses must be in writing and submitted to the Anti-Racism Education & Response Team within five (5) business days of notification of the complaint. The respondent has four (4) options for his/her response:

i. acknowledge or deny the validity of the complaint in whole or in part;
ii. provide new information;
iii. propose a resolution of the complaint; or
iv. choose not to respond to the complaint. If the respondent does not submit a response, the formal investigation and decision process will still proceed.

4) The Anti-Racism Education and Response Team shall deliver a copy of that reply to the complainant. On receipt of the respondent's written reply, the complainant has three (3) options. The complainant may:

i. accept the reply as full resolution of the complaint,
ii. propose a counter-resolution to be presented back to the respondent, or
iii. choose to proceed with formal investigation and/or decision. The Racism Response Team will then proceed in accordance with this procedure.

5) The complainant has five (5) business days in which to choose an option and report this decision to the Anti-Racism Education & Response Team.

6) At any time, the complainant may choose to withdraw from these complaint proceedings. Should this occur the respondent may request that the formal investigation and decision process continue. The request will explain why the respondent seeks an investigation. The Anti-Racism Education and Response Team will decide whether the request will proceed, taking into account the need for protection of the complainant and witnesses against retaliation and the need for due process on the part of the respondent.

B. FORMAL COMPLAINTS AGAINST EMPLOYEES

1) Upon receipt of a complaint against an employee, the Anti-Racism Education & Response Team will document the details of the complaint minus any identifying information (as per Section 17, “Record Keeping”).

2) Within five (5) days of receipt of the complaint, the Anti-Racism Education & Response Team will forward the complaint to the appropriate person with administrative authority for the employee named as the respondent in the complaint. In the case of a complaint of racial harassment or racism where the complainant is an employee, the Policy on Workplace Harassment will fully govern the review, investigation and disposition of the complaint. In the case of a complaint of racial harassment or racism where the complainant is not an employee, the processes in sections 5.1 d) through 5.1 g), 5.2 and 5.3 of the Policy on Workplace Harassment will be followed in the filing, investigation and disposition of the complaint. If the person with administrative authority elects to involve a third-party in the resolution of the complaint, the Anti-Racism Education & Response Team can assist in recommending and securing possible candidates.

3) Upon resolution of the complaint, the person with administrative authority will notify the Anti-Racism Education & Response Team of the outcome so the case file (Section 17) can be updated accordingly.

C. FORMAL COMPLAINTS AGAINST NON-STUDENT GUESTS, CONTRACTORS, & BOARD MEMBERS

1) Upon receipt of a complaint, the Anti-Racism Education & Response Team will document the details of the complaint minus any identifying information (as per Section 17, “Record Keeping”).

2) Within five (5) days of receipt of the complaint, the Anti-Racism Education & Response Team will forward the complaint to the appropriate University Vice-President for resolution. If the Vice-President elects to involve a third-party in the resolution of the complaint, the Anti-Racism Education & Response Team can assist in recommending and securing possible candidates.

8 — INVESTIGATION PROCEDURE

8.1. For complaints that require investigation, the Anti-Racism Education and Response Team will assign or can assist in assigning an investigator or investigative team to coordinate the investigation. An investigator may be a member of the Anti-Racism Education and Response Team, another member of the University community (trained as an investigator), or an independent third-party.

8.2. The Investigator(s) will apply appropriate procedures and practices to investigate and conduct interviews properly and confidentially, within the framework of “procedural fairness”. This includes each party’s right to know, understand, and respond to allegations and information gathered as part of the investigation.

8.3. The Investigator(s) will provide an opportunity to both the complainant and the respondent to provide written information related to the alleged conduct.

8.4. If more than one complaint is lodged against the respondent, the complaints may be investigated as one with the consent of the complainants. Without the consent of the complainants, the investigations may be conducted concurrently but shall be conducted in confidence from the other complainants. Overlapping complaints surrounding a single incident may result in a single report.

8.5. Within thirty (30) business days of the start of the investigation, copies of the Investigator’s report will be submitted to the complainant, the respondent and the Racism Judicial Panel.

8.6. In the time before a hearing or appeal but not before the submission of the Investigator’s report, the complainant(s) and the respondent(s) may request to view all documents generated or acquired in the course of the investigation. Upon such request, all documents generated or acquired shall be disclosed to the party requesting disclosure. The Anti-Racism Education & Response Team may require that any party to whom disclosure is made shall keep such documents confidential, to be used only in the course of responding to the investigation. Nothing herein shall prevent a party from seeking advice or counsel with respect to documents disclosed and in the course of so doing making further disclosure of the such documents to professional advisors or such representatives as may be appointed (or available) under any collective agreement.

8.7. The Investigator’s report of the investigation will contain the following:

a summary statement about the background of the case;
a summary description of the complainant’s allegations and respondent’s response;
a summary of the statements provided by witness(es);
a summary of findings and/or recommendation for action based upon available information;
any other pertinent documentation.

SECTIONS 9-12 REFER SPECIFICALLY TO COMPLAINTS WHERE ONE OR MORE STUDENTS IS A RESPONDENT.

9 — DECISION

a) As part of the formal complaint resolution process in cases against students or guests of students, the Anti-Racism Judicial Panel will conduct a hearing with the complainant(s), respondent, and witness(es). The Investigator(s) will provide a copy of the report to the Anti-Racism Judicial Panel no less than five (5) business days prior to the hearing.

b) Anti-Racism Judicial hearings will run in accordance with the University Judicial Process, as per Section 11 of the Student Code of Conduct.

c) The final outcome of the complaint will be determined by the Anti-Racism Judicial Panel.

d) The decision of the Anti-Racism Judicial Panel will be put in writing within five (5) business days from the end date of the hearing and will be distributed to the Anti-Racism Education & Response Team, the complainant(s), and the respondent. The decision shall include any disciplinary and remedial measures deemed necessary and shall inform those involved of the right to appeal as per Section 11. The written response, with the investigative report, will become part of the respondent’s file in the Student Life Office.

10 — SANCTIONS/REMEDIAL ACTION

a) As part of the formal complaint resolution process in cases against students or guests of students, the Anti-Racism Judicial Panel will impose the appropriate sanction(s) and/or remedial action(s) in keeping with the Student Code of Conduct. The purpose will be:

i. to end the racist behaviour(s),
ii. to educate the respondent,
iii. to prevent reoccurrence of the behaviour(s), and
iv. to remedy any damage done.

b) Sanctions and remedial action will be applied after a hearing before the Anti-Racism Judicial Panel.

c) Considerations in determining sanction(s) or remedial action(s) may include, but are not limited to previous discipline, past formal decisions, respondent's acknowledgement of wrongdoing, relationship of parties, degree of aggression (including emotional, mental and physical harm), number of events, impact on complainant, cultural differences, any proven or substantiated retaliation, and attempted retaliation or threats of retaliation.

d) Without limitation, the following represent examples of possible sanctions and remedial actions for the respondent for informal, mediated, and formal settlements:

i. Education and Training
ii. A written apology to the complainant.
iii. Written warning letter or reprimand.
iv. A campus wide or selected ban.
v. A transfer to an alternative housing option or dismissal from campus residence.
vi. Restrict participation in non-academic programs such as varsity, club or intramural sport, residence council, etc.
vii. Prohibit students from participating in student activities, including sports, for a specified time.
viii. Change of job or class assignment (remove the person from being in a position to retaliate or further affect the complainant).
ix. Probation
x. Recommendation for suspension, dismissal, or expulsion.

11 — APPEAL PROCESS

a) The respondent(s) or complainant(s) may appeal an Anti-Racism Judicial Panel decision or request a review of any imposed sanction(s) on the following grounds:

i. Bias and/or unfair treatment, any procedural error, improper investigation, discrimination etc.;
ii. The sanction is not a logical consequence of the infraction;
iii. New information, a new witness, or something not known when the original decision was made has come to light.

b) Disagreement with a decision is not basis for appeal.

c) The Anti-Racism Appeal Panel will consist of four members from the Anti-Racism Judicial Panel: two students, one staff member, and one faculty member. No members of the Anti-Racism Appeal Panel will have served on the Anti-Racism Judicial Panel that heard the original case.

d) Process by which appeals are heard:

i. appeals will be conducted in accordance with the appeal procedure as specified by the Student Code of Conduct.

e) All appeals must be submitted in writing to the Anti-Racism Education & Response Team within five (5) business days of receiving the report on the final decision from the Anti-Racism Judicial Panel.

f) Nothing in this procedure shall be construed to remove any rights of appeal or rights to grieve which members of the University community have independently of this procedure. Neither does the procedure remove any rights to take action against the University or members of the University community in other processes within or outside of the University.

12 — ANTI-RACISM JUDICIAL PANEL COMPOSITION

a) The full membership of the Anti-Racism Judicial Panel consists of four students, two faculty members, and two staff members. Appointments to the Anti-Racism Judicial Panel will be made by the Anti-Racism Education & Response Team following an open application process.

i. Student appointments to the Anti-Racism Judicial Panel will be for one year (September – April), renewable up to a maximum of three years. Requests for renewal must be submitted in writing to the Anti-Racism Education & Response Team for review and decision by January 31 of each year. Students interested in serving on the Anti-Racism Judicial Panel must submit an application to the Student Life Office by the posted deadline.
ii. Faculty appointments to the Anti-Racism Judicial Panel will serve one two-year term (September – April), whereupon they are eligible for renewal in one-year increments up to a maximum service period of five (5) consecutive years. Faculty members who wish to extend beyond their normal period of active service must wait one year to restore their eligibility or seek special permission from the aforementioned selection committee.
iii. Staff appointments to the Anti-Racism Judicial Panel will serve one three-year term (September – April), whereupon they are eligible for renewal in one-year increments up to a maximum service period of six (6) consecutive years. Staff members who wish to extend beyond their normal period of active service must wait one year to restore their eligibility or seek special permission from the aforementioned selection committee.

b) Any student, faculty, or staff member is eligible to serve on the Anti-Racism Judicial Panel, but preference will be given to applicants with a demonstrated interest in and/or lived experience with racism, racial harassment, and other forms of discrimination.

c) An Anti-Racism Judicial Panel that is in session will consist of four members: two students, one staff member, and one faculty member. This forms the basis of quorum.

i. For any Anti-Racism Judicial Panel in session, the remaining four Panel members will be held in reserve in the event they are called upon to form an Appeal Panel (refer to Section 11, Appeal Process).

d) The Judicial Panel members will elect a Session Chair for the proceedings. The Chair will serve as a liaison between the Anti-Racism Judicial Panel and the Anti-Racism Education and Response Team. In rare circumstances when an Anti-Racism Judicial Panel matter continues over a period of time and one panel member becomes unavailable for unavoidable reasons such as a medical emergency, the remaining panel members may complete the proceeding. If the Anti-Racism Judicial Panel member who is unavailable was the Session Chair, one of the remaining members will become the Session Chair.

e) The Anti-Racism Judicial Panel members will elect a Session Secretary for the proceedings. All notes will be added to the incident file which will be kept in the Student Life Office for student matters (as per Section 17).

i. In the event the Anti-Racism Judicial Panel is unable to reach a decision by consensus and a vote is taken, the Session Secretary can register views on the case but cannot vote. This ensures the final decision is reached by a majority vote.
ii. In the event one member of the Anti-Racism Judicial Panel is unavailable to vote, the Session Secretary will be called upon to vote. This ensures the final decision is reached by a majority vote.

f) Unless otherwise stipulated, the Anti-Racism Judicial Panel will meet at the call of the Anti-Racism Education & Response Team.

g) Members of the Anti-Racism Judicial Panel who wish to end their term prematurely must notify the Anti-Racism Education & Response Team in writing.

h) Members of the Anti-Racism Judicial Panel who are derelict in their duties may be replaced at any time by the Anti-Racism Education & Response Team.

13 — OBSTRUCTION AND RETALIATION

OBSTRUCTING THE PROCESS

a) Any willful action or inaction that obstructs the application of these procedures or breaches an agreement entered into as a result of a complaint resolution may lead to an investigation.

RETALIATION

a) The University considers retaliation or threat of retaliation made in an effort to prevent or stop a person from exercising their rights under the Racism and Racial Harassment Prevention and Response Policy to be a serious offence. Any person who engages in retaliation or threat of retaliation shall be subject to sanctions. Encouraging others to retaliate will also be subject to sanctions.

b) All persons involved in procedures under the Racism and Racial Harassment Prevention and Response Policy are urged to report threats and other safety concerns immediately to the Anti-Racism Education & Response Team and/or the relevant Unit Head.

c) Examples of retaliation, without limitation, are listed below:

i. Unfair grading, evaluations, or assignments
ii. Private and/or public ridicule.
iii. Oral or written threats or bribes.
iv. Name calling.
v. Further racism or racial harassment of any nature.

14 — RIGHT OF PARTIES TO SUPPORT AND ASSISTANCE

a) The complainant and the respondent are entitled to consultation with the Anti-Racism Education & Response Team in terms of dealing with the process and procedures under this Procedure. At all stages of informal resolution, formal resolution, investigation, and decision all parties are entitled to have a support person present.

b) Members of unions have all rights to representation that their collective agreements confer.

c) Allegations against another member of the university community made in bad faith or for a vexatious purpose (instituted without real grounds and meant to harm) may be the subject of a formal or informal complaint under this procedure.

d) An inquiry into a vexatious complaint or a complaint made in bad faith will be considered to be a separate case and will constitute a separate investigation.

15 — CONFIDENTIALITY

a) Members of the Anti-Racism Education & Response Team, the Anti-Racism Judicial Panel, the Anti-Racism Appeal Panel, and any investigator(s) are expected to maintain confidentiality around the details of any disclosure, complaint, or resolution.

b) Confidentiality is not the same as anonymity. For a complaint to go forward to formal resolution, the identity of the complainant and the details of the complaint must be released to the Anti-Racism Education and Response Team, the respondent, and those involved in the application of these procedures.

16 — PERIOD OUTSIDE THE ACADEMIC YEAR

Incidents that occur during a final exam period or outside the regular academic year may require some adjustment to the usual timelines for resolution on account of Anti-Racism Education & Response Team members and/or Anti-Racism Judicial Panel members being absent from campus. In some cases, the Anti-Racism Education & Response Team may refer the incident to the Anti-Racism Judicial Panel for resolution upon the commencement of a new academic term or year.

17 — CONFLICT OF INTEREST

17.1. In the case of a conflict of interest involving a member of the Anti-Racism Education & Response Team or the Anti-Racism Judicial Panel, the individual(s) will abstain from involvement in a complaint procedure on the grounds of personal relationship with either respondent or complainant, or actual or reasonable apprehension of bias or conflict outside of their role on the Anti-Racism Education & Response Team or the Anti-Racism Judicial Panel. If the respondent or complainant perceives a conflict of interest on the part of an Anti-Racism Education & Response Team member or Anti-Racism Judicial Panel member, this shall be made known, in writing, to the Anti-Racism Education & Response Team. The Anti-Racism Education Response Team shall respond in writing as to the decision on that issue.

17.2. In the event it is determined that a conflict of interest exists, the Anti-Racism Education & Response Team may appoint a replacement for the member in question. Upon agreement by the parties, the replacement shall be appointed to act.

18 — RECORD KEEPING

a) Records of all reports, disclosures, inquiries, complaints and their resolutions will be maintained indefinitely by the Anti-Racism Education & Response Team. No names or identifying information will be used in these records. The records will serve the purpose of allowing ��ñ�� to document as to whether there has been progress in alleviating racism at the University.

b) Records of charges and sanctions, other than suspension or expulsion, will not be placed in a student’s academic file. Records of all Informal Resolution, Formal Resolution, and Anti-Racism Judicial Panel decisions, including charges and sanctions, will be maintained as part of the confidential records in the Student Life Office for a period of up to five (5) years after the student graduates. In cases when a student ceases to be a student, all records of Informal Resolution, Formal Resolution, and Racism Judicial Panel decisions will be maintained indefinitely.

c) Records of any disciplinary action taken against an employee will be maintained in the employee’s file in accordance with any applicable collective agreement. Case files will be maintained as part of the confidential records in the Human Resources Department.

19 — REVIEW

a) The Racism & Racial Harassment Response and Prevention Procedure will be subject to review one year after implementation and then every four (4) years, or more frequently when relevant social, resources or legal changes otherwise warrant an update.

b) The review will be conducted by a committee consisting of the full Anti-Racism Education & Response Team and quorum from the Anti-Racism Judicial Panel.

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