If you have experienced mistreatment, you are encouraged to meet with the Coordinator, LWS to discuss your options. The Coordinator, LWS can answer your questions and provide guidance to ensure you make informed decisions.

To request the formal process, the learner who has experienced mistreatment (Complainant) shall complete and sign the Learner Mistreatment Complaint form and submit it to the Coordinator, LWS, or delegate. This is normally done within 12 months of the incident or within 12 months of when the Complainant reasonably became aware of the incident. Events prior to the 12-month period can be referenced if they are relevant and part of a series of incidences that show a pattern of harassment. Within 5 days of receiving the complaint, the Coordinator, LWS will provide a copy to the Associate Dean, LWS or others as may be required, to review to determine if it falls within the parameters of the policy.

The Associate Dean, LWS can:

• Determine if another policy applies;
• Discuss the informal process with the Complainant if it would be more appropriately addressed under the procedure;
• Decide not to proceed;
• Decide to initiate the formal procedure.

If the decision to not proceed is made, the Associate Dean, LWS or delegate will notify the Complainant and the Respondent, in writing, within 3 days. This documentation will include the grounds for the decision.

If the concern does not fall within the policy, the Complainant will be notified in writing and provided with the reasons.

Formal Procedure

If it is determined to proceed with the formal procedure, within 3 days of that determination, the Associate Dean, LWS or delegate, will send to the Respondent the following:

• Copy of the Mistreatment Complaint form;
• Copy of the Policy for the Prevention and Resolution of Learner Mistreatment in the Faculty of Medicine;
• Written notice of the complaint and contact information for the Office of LWS;
• Written notice that they may respond in writing and that a copy of their response will be provided to the Complainant and the Associate Dean, LWS;
• Written notice of any interim measures imposed, where applicable.

This documentation will be sent to the Respondent by Registered Mail with signature, hand delivery, or by some other means through which proof of delivery can be obtained:

Within 5 days of receiving a response, the Associate Dean, LWS or delegate, will review the response and make a determination whether to proceed with an investigation. To proceed with an investigation, the Complainant, Respondent and Vice Dean of Medicine, Education and Faculty Affairs will be notified in writing, providing the following information:

• Copies of relevant documentation including the complaint form with any attachments, the response, and any other relevant information;
• Contact information for support resources available to the Complainant and Respondent including counselling, EAP, etc;
• Written notice that the Complainant and Respondent can be accompanied by a support person. Support persons will be required to sign a Consent Form for a Support Person to attend Consultation/Interview Form. The support person is not permitted to speak on behalf of the Complainant or Respondent. The name of the support person must be given to the investigator in advance of the first meeting/interview.

Both parties can agree, in writing, to change to the informal process without proceeding with the formal investigation.

Within 10 days of receiving the documentation, the Vice Dean of Medicine, Education and Faculty Affairs, or delegate, will appoint an investigator who will undertake a thorough investigation to ascertain the facts of the complaint. The investigation will be conducted in an impartial, fair and objective manner. The investigator will prepare an investigative report within 40 days of their appointment. Any person referenced in the report will be named. The report will contain the summary of the evidence, any conclusions reached, and the finding with respect to mistreatment. The report will be provided to the Vice Dean of Medicine, Education and Faculty Affairs who, within 5 days, will provide copies to the Complainant, Respondent, Coordinator, LWS and Associate Dean, LWS. The report is confidential and shall not be communicated verbally, duplicated or circulated. The Complainant and Respondent can discuss the report with their support person.

The Complainant and Respondent can respond, in writing, to the investigative report. This response cannot raise new issues and must be submitted to the Vice Dean of Medicine, Education and Faculty Affairs within 5 days of receiving the copy of the report.

Based on the investigative report and the responses, 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 the applicable Administrative Head and General/Legal Counsel before imposing any action. The Vice Dean of Medicine, Education and Faculty Affairs may impose fair and reasonable penalties, subject to the applicable handbooks, collective agreements or code of conduct. Discipline will follow the concept of progressive discipline.

Within 5 days of receiving the responses or 10 days of the Complainant and Respondent receiving the report, whichever is earlier, the Vice Dean of Medicine, Education and Faculty Affairs or delegate, shall provide:

• The Complainant with a written decision which will include whether or not action will be taken;
• The Respondent with the written decision which will include whether or not any action will be taken and the nature of any discipline to be imposed.

This documentation will be sent to the Respondent by Registered Mail with signature, hand delivery, or by some other means through which proof of delivery can be obtained. A copy of the correspondence will also be sent to the Associate Dean, LWS.

Interim Measures

When deemed appropriate, the Associate Dean, LWS or delegate may recommend to the appropriate leadership (Associate Dean, UGME, Associate Dean, PGME, Assistant Dean, Faculty Wellness, Equity and Professionalism) that interim measures be implemented as may be necessary in exceptional circumstances. Any measures would be implemented to protect the well-being, safety and security of the Complainant, Respondent, or both, or to protect other members of the FoM community while a situation is being resolved, investigated, or decided. These measures would be precautionary, not disciplinary and do not indicate a finding of fact.