1. The Complaint Form shall be submitted to the Complaints Coordinator, within twelve (12) months 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.

2. Within ten (10) days of receipt of the Concern or Complaint Form the Student Conduct Officer or delegate, shall review the Complaint with consultation as appropriate, and proceed in one of the following ways: 

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 Student(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.

2.2. Discuss with the Complainant whether the Complaint would be more appropriately addressed with an informal resolution (see Procedure for Informal Resolution).

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

2.3.1. Is not within the jurisdiction of the Student Code of Rights and Responsibilities;

2.3.2. Is frivolous and/or vexatious or made in retaliation;

2.3.3. Is made outside the prescribed time limits;

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

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.

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

3. If the Student Conduct Officer or delegate decides not to proceed with the formal process, the Complainant will be notified, with notice to the Respondent if appropriate, with the grounds for the decision, in writing.

4. In accordance with Section 11 of the Policy, interim measures may be imposed or continued.

5. Where it has been determined to proceed with the Formal Complaint Procedure within three (3) days of such determination, the Student Conduct Officer or delegate shall:

5.1. Send to the Respondent(s) by their Memorial University email account, by hand-delivery or by some other means through which proof of delivery can be obtained, the following:

a. A copy of the Complaint Form;

b. A copy of the Student Code of Rights and Responsibilities;

c. Written notice of the Complaint, and contact information for the Office of Student Support;

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 Student Conduct Office or Delegate;

e. If the Respondent(s) chooses to submit a written response, the written response must be submitted to the Student Conduct Officer or Delegate, within five (5) days of receiving the Complaint;

f. 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.

6. Within five (5) days of receipt of any response, the Student Conduct Officer will review the Response and make a determination, having regard to the factors set out in Section 2 above, whether to proceed to an investigation. The Student Conduct Officer may seek advice and/or guidance as appropriate (e.g., General/Legal Counsel).

7. If the Student Conduct Officer decides to proceed with an investigation, they shall notify the Complainant and Respondent(s), and Complaints Coordinator, in writing that an investigation will proceed, and shall provide the following information: 

7.1. Copies of the relevant documentation, including the Complaint Form and any documents attached, the Response, and any other relevant information.

7.2. Contact information for any sources of support available to the Complainant and the Respondent including Student Wellness and Counselling Centre, etc.;

7.3. 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 3.and 5 of Procedure for Consultations, and will be required to sign a Consent Form for a Support Person to Attend Consultation/Interview Form. (Appendix A below). 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;

7.4. The Student Conduct Officer will initiate members of the Student Code of Rights and Responsibilities Conduct Panel to review the investigative report upon completion.

8. 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 Student Conduct Officer.

9. 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.

10. Within ten (10) days of deciding to proceed with an investigation, Head of Campus, 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.

11. 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 Student Conduct Officer 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.

12. 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 violations of the Student Code of Rights and Responsibilities. The investigative report is provided to the Student Conduct Officer, or delegate who, within five (5) days, will provide copies of the investigative report to the Complainant, Respondent, Complaints Co-ordinator and Student Code of Rights and Responsibilities Conduct Panel, by a means through which proof of delivery can be obtained.

12.1. In the event that the Investigator is unable to complete an investigation within the specified timeframes, the Investigator shall seek written authorization from the Head of Campus, or delegate for an extension. If they agree, the authorization will be copied to the Complainant and Respondent, through their Memorial University email account, 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 Head of Campus, or delegate 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.

13. The Investigative Report is confidential and shall not be communicated verbally, duplicated, shared, circulated or published. 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.

14. 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 Student Conduct Officer, or delegate, within five (5) days of receiving the report, to be distributed to the Complaints Coordinator and the Student Code of Rights and Responsibilities Conduct Panel for review.

15. Based on the Investigative Report and the responses, if any, from the Complainant and the Respondent, the Student Code of Rights and Responsibilities Conduct Panel, shall decide whether or not a violation of the Student Code of Rights and Responsibilities has occurred and whether remedial, or disciplinary action will be imposed. Before imposing remedial, or disciplinary action, the Student Code of Rights and Responsibilities Conduct Panel shall consider 15.1. through 15.9 below, as appropriate. Following the principles of progressive discipline, the factors that will be discussed during the consultation will include but are not limited to: 

15.1.  The nature and severity of the conduct;

15.2. The effect(s) of the conduct or comments on the Complainant;

15.3. Whether the offence was an isolated incident or involved repeated acts;

15.4. The frequency and duration of the conduct;

15.5. Whether there was an imbalance in power between the parties;

15.6. Any record of discipline for the Respondent in relation to violations of the Code of Conduct;

15.7. Sanctions applied in similar cases;

15.8. Mitigating or aggravating circumstances affecting either party;

15.9. The potential risk to the well-being, safety and security of Members of the University Community.

16.  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 Student Code of Rights and Responsibilities Conduct Panel, shall provide, by a means through which proof of delivery can be obtained,:

16.1. The Complainant with a written decision which will include whether or not action will be taken. Typically complainants will not be provided with details of sanctions;

16.2. The Respondent with the written decision which will include whether any action will be taken and the nature of any discipline to be imposed.