Overview

The Faculty of Medicine (FoM) at Memorial University (Memorial) is committed to providing a learning and work environment that is free from all forms of Mistreatment, including intimidation, discrimination, bullying, harassment and racism. Learners of the FoM have the right to an environment that is optimal for teaching, learning, research, and the delivery of patient care. 

This document outlines the procedures to have Learner Mistreatment Concerns and Complaints addressed and works in conjunction with the Policy for the Prevention and Resolution of Learner Mistreatment in the Faculty of Medicine (the “Policy”). Learners may attempt to resolve conflicts or Learner Mistreatment through the processes outlined in this document. Alternatively, Learners may attempt to seek resolution through other means including but limited to ones established by the applicable discipline or health care authority. 

To outline the procedures that are available in the event a Learner or Bystander requires a consultation or brings forward a Concern or Complaint pursuant to the Policy. 

A.0 Procedure for Consultations

A.1. All members of the FoM, including Bystanders, can reach out directly to the Coordinator, Learner Well-Being and Success or delegate for a consultation.  

A.1.1. Bystanders are encouraged to consult with the Coordinator, Learner Well-Being and Success or delegate, regarding any issues or Concerns they may have of Learner Mistreatment. A Bystander is not to be considered as Complainant, and is unable to initiate an informal or formal resolution process. However, he or she may be interviewed as a witness in the event that there is an investigation into the concerns raised. 

A.1.2. Learners who feel they have experienced Mistreatment are strongly encouraged to contact the Coordinator, Learner Well-Being and Success by telephone, email, in person or via the Memorial Incident Management System (MIMS) Mistreatment Disclosure Form as described below. 

A.2 Learners who initiate a consultation by completing the MIMS Disclosure form via the on-line e-alert system who disclose their name and contact information will be contacted by the Coordinator, Learner Well-Being and Success. 

A.2.1 Learners who complete the MIMS Disclosure form via the on-line e-alert system and wish to remain anonymous will not be contacted for a consultation and should refer to the Procedure for Addressing Anonymous Disclosures for Learner Mistreatment in the Faculty of Medicine. 

A.3. Consultations will be held in person, or at a distance, using telephone or other interactive technologies.  

A.3.1 Individuals may be accompanied by a Support Person when meeting with the Coordinator for a consultation. The Support Person is not permitted to speak on behalf of the individual who requested the consultation. The Consent Form for a Support Person to Attend Consultation/Interview Form must be used. 

A.4. The Coordinator, Learner Well-Being and Success or delegate, shall provide the Learner(s) with information regarding the Policy for the Prevention and Resolution of Learner Mistreatment in the Faculty of Medicine and its related procedures as well as information regarding other available Memorial and community services and resources.

A.4.1 The Coordinator, Learner Well-Being and Success or delegate may consult with others, as appropriate (e.g. general counsel; Well-Being Consultant, Associate Dean, Learner Well-Being and Success) to ensure they are providing the Learner(s) with appropriate information.

A.5 All consultations with the Coordinator, Learner Well-Being and Success or delegate are confidential and are handled in accordance with Section 5.0 of the Policy. 

A.6 Consultations with the Coordinator, Learner Well-Being and Success or delegate, do not initiate an informal or formal resolution of a Concern or Complaint. Such resolution procedures can only be initiated by the Learner(s) as per the procedures below. 

A.7 The Coordinator, Learner Well-Being and Success may find that the issue brought forward for consultation does not fall under this policy. In such cases, the Coordinator may refer the Learner to other University academic or administrative units which may include Student Well-Being Consultant, Student Health Services, the Student Wellness and Counselling Center, or others as appropriate.

B.0 Procedure for Informal Resolution 

B.1. To request the informal resolution of a Concern, the Complainant shall complete and sign the Mistreatment Complaint Form, indicating their wish to resolve the concern informally. The form shall be submitted to the Coordinator, Learner Well-Being and Success or delegate. 

B.2. The informal resolution process is confidential and is handled in accordance with Section 5.0 of the Policy. 

B.3. The Coordinator, Learner Well-Being and Success or delegate, in consultation with a Director, Well-Being and Success and others as may be required, will review the Concern and consider whether it falls within the parameters of this Policy and determine if other policies, such as Sexual Harassment and Sexual Assault Policy, apply.  

B.3.1. All matters that are sexual in nature must be referred to the Sexual Harassment Advisor of the University. If the Sexual Harassment Advisor believes, after consultation with relevant parties, that a concern based on sex, sexual orientation, gender identity or gender expression would be better handled under this Procedure, the sexual harassment advisor will so advise. 

B.3.2. All matters of an academic nature as related to assessment and promotion will be referred to the applicable University educational unit and policy. 

B.4. If it is determined that the matter does not fall within the parameters of the Policy for the Prevention and Resolution of Learner Mistreatment in the Faculty of Medicine, the Learner(s) raising the Concern will be advised of the decision with reasons therefor, in writing, by the Coordinator, Learner Well-Being and Success or delegate. 

B.5. If the matter falls within the parameters of the Policy for the Prevention and Resolution of Learner Mistreatment in the Faculty of Medicine, the Coordinator, Learner Well-Being and Success, in consultation with the Associate Dean, Learner Well-Being and Success, will assign a Director, Learner Well-Being and Success to facilitate the resolution of the Concern. The Director will work with the parties involved, either individually or together, depending upon the wishes of the parties, with the goal of reaching a mutually acceptable resolution. The Director may engage external resources to help facilitate a resolution. The Director, Learner Well-Being and Success will consult with others (e.g. general or legal counsel; the Associate Dean, Learner Well-Being and Success) and the following individuals, as appropriate, to achieve a resolution that is facilitated between the Complainant and Respondent: 

B.5.1. the Assistant Dean, Faculty Wellness, Equity and Professionalism, the Manager of Academic Affairs and Director of Faculty Relations, as appropriate when the Respondent is a faculty member; 

B.5.2. the Manager of Human Resources and/or a union representative, when appropriate, if the Respondent is a staff member.

B.6. In the event of a refusal or unreasonable delay by the Respondent to participate in the informal resolution process, the Director, Learner Well-Being and Success, shall inform the Complainant and discuss next steps. 

B.7. Normally, the informal resolution process will not exceed thirty (30) days from the day the Concern was brought forward to the Coordinator, Learner Well-Being and Success or delegate. This time frame may be extended as appropriate. 

B.8. In reaching a mutually agreeable resolution, one or more actions may be required. Actions may include but are not limited to one or more of the following: 

B.8.1. A verbal or written apology; 

B.8.2. Agreement by the Respondent to participate in specific activities related to the Concern, such as educational seminars or workshops; 

B.8.3 Agreement by the Respondent and/or Complainant to participate in a restorative justice process or activity designed to address the Concern; 

B.8.4 Agreement by the Respondent to cease the activities which caused the Concern and a commitment to not engage in such conduct in the future; 

B.8.5 Other Actions that are relevant to the Concern. 

B.9. If a resolution acceptable to the Complainant and Respondent is not achieved, the Director will discuss options with the Complainant. 

C.0 Procedure for Formal Resolution 

C.1 The Mistreatment Complaint Form shall be submitted to the Coordinator, Learner Well-Being and Success or delegate, normally within twelve (12) months of the incident or within twelve (12) months of when the Complainant reasonably became aware of the incident. Events prior to the twelve (12) month period can be referenced if the incident(s) is relevant to the last in a series of incidents. 

C.2 Within five (5) days of receipt of the Mistreatment Complaint Form the Associate Dean, Learner Well Being and Success or delegate, shall review the Complaint with consultation as appropriate, and proceed in one of the following ways: 

C.2.1. Determine whether other Memorial policies, such as the Sexual Harassment and Sexual Assault Policy or Conflict of Interest Policy apply to the Complaint raised by the Learner(s). All matters that are sexual in nature must be referred to the Sexual Harassment Advisor. If the Sexual Harassment Advisor believes, after consultation with relevant parties, that a Complaint based on sex, sexual orientation, gender identity or gender expression would be better handled under this Procedure, the Sexual Harassment Advisor will so advise the Associate Dean, Learner Well-Being and Success or delegate. 

C.2.2. Discuss with the Complainant whether the Complaint would be more appropriately addressed with an informal resolution (see Section B.0 of this document). 

C.2.3. May decide not to proceed if it is their opinion that the Complaint: 

C.2.3.1. is not within the jurisdiction of the FoM Mistreatment Policy and Procedure; 

C.2.3.2. is frivolous and/or vexatious or made in retaliation;

C.2.3.3. is made outside the prescribed time limits

C.2.3.4. the matter is one which is best addressed by conflict coaching, facilitated dialogue, restorative justice, or mediation; or, 

C.2.3.5. is being or has been appropriately and adequately addressed by a grievance under a collective agreement, another complaints process, or the Newfoundland and Labrador Human Rights process or some other legal, academic or administrative process.

C.2.4. Decide to initiate the procedure for the resolution of a formal Complaint. 

C.3. If the Associate Dean, Learner Well-Being and Success or delegate decides not to proceed with the formal process, the Complainant and Respondent will be notified, with the grounds for the decision, in writing. 

C.4 In accordance with Section 6.0 of the Policy, interim measures may be imposed. 

C.5 If the respondent is a MUNFA Academic Staff Member, any timeline in the procedure may be adjusted to align with the MUNFA Collective Agreement.

C.6 Where it has been determined to proceed with the Formal Procedure, within three (3) days of such determination, the Associate Dean, Learner Well-Being and Success or delegate shall: 

C.6.1 send to the Respondent(s) by Registered Mail with signature, or hand-delivery or by some other means through which proof of delivery can be obtained, the following: 

a) a copy of the Mistreatment Complaint Form; 

b) a copy of the Policy for the Prevention and Resolution of Learner Mistreatment in the Faculty of Medicine and the Procedure for the Resolution of Incidents of Learner Mistreatment in the Faculty of Medicine;

 c) written notice of the Complaint, and contact information for the Office of Learner Well-Being and Success with respect to the Policy and Procedures;

 d) written notice that the Respondent(s) may respond in writing to the Complaint and that a copy of any response will be provided to the Complainant and the Associate Dean, Learner Well-Being and Success or delegate.

 d.1) If the Respondent(s) chooses to submit a written response, the written response must be submitted to the Coordinator, Learner Well-Being and Success or delegate, within five (5) days of receiving the Complaint. 

e) written notice of any interim measures imposed, where applicable. Best efforts will be made, where circumstances permit, to ensure that the Complainant and the Respondent are provided with notice in the same manner and at approximately the same time 

C.7. If the Associate Dean, Learner Well-Being and Success is unable to deal with the Complaint for whatever reason, they shall delegate the Complaints process as appropriate. 

C.8. In the case of Complaints against Associate Deans, the matter shall be referred to the Vice-Dean, Education and Faculty Affairs, or delegate. In the case of Complaints against the Vice-Dean of Medicine, Education and Faculty Affairs, the matter shall be referred to the Dean of Medicine. In the case of Complaints against the Dean, the matter shall be referred to the Provost and Vice-President (Academic).

C.9. Within 5 days of receipt of any response the Associate Dean or delegate will review the Response and make a determination, having regard to the factors set out in Section C.2 above, whether to proceed to an investigation. The Associate Dean or delegate may seek advice and/or guidance as appropriate (e.g. General/legal counsel; Assistant Dean, Faculty Wellness, Equity and Professionalism), 

C.10. If the Associate Dean, Learner Well-Being and Success or delegate decides to proceed with an investigation, they shall notify the Complainant, Respondent(s), and Vice Dean, Education and Faculty Affairs, in writing, that an investigation will proceed, and shall provide the following information:

C.10.1. copies of the relevant documentation, including the Complaint Form and any documents attached, the Response, and any other relevant information; 

C.10.2. contact information for any sources of support available to the Complainant and the Respondent including counselling service, EAP etc.; 

C.10.3. written notice that during any meetings/interviews held throughout the investigation, the Complainant and Respondent may be accompanied by a Support Person. Any accompanying persons must abide by the provisions of confidentiality as outlined in Section 5.0 of the Policy and will be required to sign a Consent Form for a Support Person to Attend Consultation/Interview Form. Support Persons are not permitted to speak on behalf of the Complainant or Respondent. The Respondent and Complainant must inform the Investigator of the identity of the Support Person at least three (3) days before the first scheduled meeting/interview. 

C.11. There may be circumstances where the Complainant and the Respondent agree, even after the filing of a formal Complaint, to pursue an informal resolution without proceeding to an investigation. Such a decision would require written agreement from both the Complainant and Respondent to the Associate Dean, Learner Well-Being and Success or delegate. 

C.12. The Respondent(s) may decide whether or not to participate in any investigation. However, the investigation process and disposition of a Complaint under these Procedures shall continue in the absence of such participation by the Respondent. In extenuating circumstances, extensions of time may be considered. 

C.13. Within ten (10) days of deciding to proceed with an investigation, The Vice Dean of Medicine, Education and Faculty Affairs, or delegate, will appoint an investigator who may be internal or external to the University. Any person who has been involved in the Complaint shall not be the investigator. No person shall be selected as the investigator where there is a real or perceived conflict of interest or reasonable apprehension of bias.

C.14. The Investigator will undertake a thorough investigation into the allegations in the formal Complaint and write an investigative report which shall be submitted to the Vice Dean of Medicine, Education and Faculty Affairs, or delegate. The Investigator shall ascertain the facts surrounding the Complaint and conduct the investigation in an impartial, fair and objective manner. Any person whose evidence is referenced in the Investigative Report shall be named. The Investigator will consider and summarize the relevant facts based on a review of the interviews and documentation. The Investigator shall determine whether the evidence, based on a balance of probabilities, supports or does not support the Complaint. 

C.14.1 Throughout the investigation, the Coordinator, Learner Well-Being and Success will monitor its progress and will be the investigators primary contact and resource if matters arise during the course of the investigation. 

C.15. The investigator will submit a written investigative report within forty (40) days of the appointment of the investigator. The report will contain the summary of the evidence, any conclusions reached, and the finding with respect to Mistreatment. The investigative report is provided to the Vice Dean of Medicine, Education and Faculty Affairs, or delegate who, within five (5) days, will provide copies of the investigative report to the Complainant, Respondent, Coordinator, Learner Well-Being and Success and Associate Dean, Learner Well-Being and Success by a means through which proof of delivery can be obtained. 

C.15.1. In the event that the Investigator is unable to complete an investigation within the specified time frames, the Investigator shall seek written authorization from the Dean for an extension. If the Dean agrees, the authorization will be copied to the Associate Dean, Learner Well-Being and Success, and to the Complainant and Respondent, through Registered Mail with signature, hand-delivery or by some other means through which proof of delivery can be obtained. One (1) such extension may be granted at the discretion of the Dean and normally shall not exceed twenty-five (25) days. Further extension(s) shall be made with the mutual consent of the parties and such consent shall not be unreasonably denied.

C.16. The investigative report is confidential and shall not be communicated verbally, duplicated, or circulated. The Complainant and the Respondent may discuss the report with their Support Person and allow the Support Person to review the Report. However, they must not deliver, transmit or provide a copy of the report to the Support Person.

C.17. The Complainant and Respondent may choose to respond to the investigative report, in writing. The response must be confined to responding to the contents of the report (not raising new issues) and be submitted to the Vice Dean of Medicine, Education and Faculty Affairs, or delegate, within five (5) days of receiving the report. 

C.18. Based on the investigative report and the responses, if any, from the Complainant and the Respondent, the Vice Dean of Medicine, Education and Faculty Affairs, or delegate, shall decide whether or not Mistreatment has occurred and whether remedial, or disciplinary action will be imposed. The Vice Dean of Medicine, Education and Faculty Affairs, or delegate shall consult with the applicable Administrative Head (e.g., Discipline Chair; Associate Dean; Supervisor) and General/Legal Counsel, before imposing remedial, or disciplinary action. Following the principles of progressive discipline, the factors that will be discussed during the consultation will include but are not limited to: 

C.18.1. the nature and severity of the Mistreatment; 

C.18.2. the effect(s) of the conduct or comments on the Complainant; 

C.18.3. whether the offence was an isolated incident or involved repeated acts;

C.18.4. the frequency and duration of the Mistreatment; 

C.18.5. whether there was an imbalance in power between the parties; 

C.18.6. any record of discipline for the Respondent in relation to Mistreatment; 

C.18.7. sanctions applied in similar cases;

C.18.8. mitigating or aggravating circumstances affecting either party;  

C.18.9. the potential risk to the well-being, safety and security of Members of the FoM and university community. Any imposed discipline will be taken in accordance with the Guide for Non-Bargaining, Management and Professional, and Senior Administrative Management Employees, Student Code of Conduct, applicable collective agreements or, for persons not covered by one of the above, the applicable contractual provisions. 

C.19. Within an additional five (5) days of receiving the Complainant’s and Respondent’s responses to the investigative report or within 10 days of the Complainant and Respondent receipt of the Investigative Report, whichever is earlier, the Vice Dean, Education and Faculty Affairs, or delegate, shall provide, by a means through which proof of delivery can be obtained,: 

C.19.1. the Complainant with a written decision which will include whether or not action will be taken; 

C.19.2. the Respondent with the written decision which will include whether any action will be taken and the nature of any discipline to be imposed. A copy of the correspondence is sent to the Associate Dean, Learner Well-Being and Success. 

Appeals 

D.1 A Complainant or the Respondent may only appeal the outcome of the decision on one or more of the following grounds: 

(a) evidence of a conflict of interest; 

(b) significant error in the process; 

(c) the result is patently unreasonable; 

(d) there is significant new evidence that was not available at the time of the decision, which has the potential to change the outcome of the matter . Disagreement with a decision and/or sanction does not constitute grounds for appeal. 

D.2 Respondents have the right to appeal or grieve decisions or discipline imposed, in accordance with the following: 

a) In the case of non-bargaining unit employees, appeals shall be filed in accordance with the Complaint and appeal procedures as outlined in the Guide for Non-Bargaining, Management and Professional, and Senior Administrative Management Employees; 

b) In the case of bargaining unit employees, the Respondent has the right to file a grievance regarding any discipline and the decision of the appropriate Unit Head under the terms of the applicable collective agreement where these apply.; 

c) For all other Faculty and Staff not covered in (a) or (b), the appeal shall be directed to the Dean, in writing, within fifteen (15) days of notification of the Action to be taken. 

D.3 Complainants may appeal to the Dean, in writing, within fifteen (15) days of notification of the Action to be taken. In considering the appeal, the Dean is bound by all applicable collective agreements and University Guidelines as described in section 8.2 above.

Related links:

Access to Information and Protection of Privacy Act

Conflict of Interest Policy 

Guide for Non-Bargaining, Management and Professional, and Senior Administrative Management Employees

Information Management Policy

Policy for the Prevention and Resolution of Learner Mistreatment in the Faculty of Medicine

Privacy Policy

Procedure for Addressing Anonymous Disclosures of Learner Mistreatment in the Faculty of Medicine

Respectful Workplace

Sexual Harassment and Sexual Assault 

Student Code of Conduct 

University-Wide Procedures for Sexual Harassment and Sexual Assault Concerns and Complaints