If someone files a report against you, and a formal process is initiated, you will be notified, usually via email. Sometimes, the letter may be hand delivered directly to you in your residence or class room. This notification indicates what has been reported, and a meeting time for you to meet with a SR&R case manager. You always have the right to bring a supportive person with you to this meeting, but they cannot not speaking for you. We encourage you to speak to your SAC/FSA representatives for any advice or clarification on the process and your rights.
The case manager will separately meet with you, the person who made the report, and any possible witnesses (who are brought forward by you or the person who made the report). The case manager will review any documentation or available and appropriate pieces of support to assist in the fact finding process.
The fact finding process should take less than 15 days, expect in extenuating circumstances. Once complete, the case manager will make a decision, based on the balance of probabilities about whether the policy has been violated. You, and the complainant will be notified of the decision, and any possible sanctions that occur as a result. If it meets appropriate grounds, you may then have the right to appeal.
While in the process, all parties have the following rights to ensure fairness and respect for dignity:
- Complainants and respondents may attend meetings with a (non-participating) support person. The College considers requests to attend meetings with additional support persons and with legal or other representation on a case-by-case basis, with a view to promoting a fair and expeditious process. The College may still question and expect direct answers from an individual who is being supported.
- Present submissions and request voluntary witnesses as might be required to support an argument.
- Present a line of questioning to the Case Manager as reasonably required for a full and fair disclosure of the facts.
- To be notified about the outcome of any process or appeal decision.
- The respondent has the right to be found responsible ONLY on proof based on a balance of probabilities (which means that it is either more likely or not likely that the incident(s) occurred). This is consistent with the burden of proof required by civil law and is different from the beyond a reasonable doubt burden required by criminal law.
- Information collected during the fact-finding process are kept confidential and are stored separately from the academic record. There are some exclusions to confidentiality such as if there is an imminent threat to safety, if a child is being harmed, if the record is subpoenaed, or if there is a campus safety threat. Information about confidentiality will be provided before a formal interview takes place.