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| Student Support Services | |
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Support available to students who have been subjected to RACISM |
1. GENERAL 1.1 Objective of these Policies and Procedures This document is intended to assist in the development and maintenance of a safe and healthy environment at Mount Allison University, free of racism; and to provide a mechanism by which complaints of racism can be responded to quickly and effectively. 1.2 Application of this Document This document is intended to be a simplified reference for student-student cases in which a student is the complainant against another student whether the incident or incidents complained of took place on or off campus. 1.3 What Is Racism? Racism is defined as :
Conduct that is unwelcome or ought reasonably to be known to be unwelcome
towards an individual or individuals on the basis of race, colour, national
origin, place of origin or ancestry. Religion may be the basis of racism.
Racism may denote blind, unreasoning hatred, envy or prejudice Racism: is a form of harassment and is subject to the University Student Governance document. Racism is a form of discrimination, and in some cases may be subject to a complaint under the Human Rights Code. It may, in some cases, be a criminal offence and the University will encourage any member of the community who alleges racial offences of a criminal nature to make a complaint to the police. is a civil wrong, and the person who alleges racism may be entitled to recover damages or other remedies through the courts. is
a University offence, and Mount Allison may discipline a member of
the community for racism whether the person affected makes a complaint
or not. Examples of conduct that may amount to racism include, but are not limited to: remarks
or gestures with racist connotations; Any decision under this document 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 Mount Allison University is a community which respects diversity; the responsible exercise of academic freedom; and freedom of thought and expression. Racism may involve one incident, or it may involve a series of incidents when a single incident would not be racism. The prohibition against racism is not intended in any way to limit the freedom of individuals to decide for themselves the nature of their consensual relationships and social interactions. However, the existence of a consensual relationship does not mean that there might never be a case of racist activity by one of the parties to such a relationship against the other. Neither does it mean that the conduct of the parties to such a relationship might never amount to racism from the perspective of a third party as when, for example, the consensual conduct of two persons may be sufficiently offensive to a third party to fall within the above definition of racism. No Retaliation It is an offence to retaliate against a person who makes a complaint of racism.
It is an offence to make frivolous or vexatious complaints of racism. Complaint Options The International Student Advisor can offer confidential advice to persons considering complaint options after incidents of racism. Complaints can be handled within the University system, through a network which may involve: the Dean of Students, the International Student Advisor, mediators, and/or the University Judicial Committee. There are also legal avenues outside the University system such as: Municipal Police, the Human Rights Commission and the courts. Students may simultaneously follow the avenues in and outside the University System outlined in Section 3. Corrective Action Will Be Taken In the interest of the safety and security of all students, where there is reason to believe, following a third party report or following rejected or unsuccessful mediation, there has been an incident of student-student racism, and where a complainant is not already taking action under these policies, the Dean of Students is obligated to conduct an investigation as outlined in Section 5.1. This is consistent with the University policy that racism will not be tolerated at Mount Allison University. When an investigation finds that there has been an incident of racism, the University will take corrective action. Corrective action normally involves a hearing before the University Judicial Committee. Consequences Consequences of racism within the University system include, but are not limited to: no action whatever, apologies, restrictions on access to locations on campus, fines, campus bans, suspension and/or dismissal. Consequences outside the University system include -- but are not necessarily limited to -- those decided on by a civil court, the Human Rights Commission or the criminal courts. Time Limit Except in extenuating circumstances, a complaint of racism will not be dealt with unless the complaint is made within one year of the incident or incidents which are the basis of the complaint. The Right To Be Heard Will Be Respected An individual will be given the opportunity to reply to any complaint made against him or her under this document before any decision adverse to the individual's interest is reached on the complaint 2.
PEOPLE WHO MAY BE INVOLVED IN COMPLAINT RESOLUTION: THEIR ROLES,
RIGHTS AND RESPONSIBILITIES Definition
and Role of the Complainant Rights of the Complainant A complainant has the right: a) to have his or her complaint handled pursuant to this document; b) to be accompanied by another member of the University community of his or her own choosing during any proceedings related to his or her complaint; c) to have his or her complaint and any references to the complaint excluded from any personal file unless the complaint was frivolous or vexatious; d) to be kept informed of the status of any proceedings under this document, and e) to receive the results of the investigation in writing. Responsibilities of the Complainant In
an academic community, as in any community, people who believe they
have been unjustly treated -- including through racism -- are encouraged,
where appropriate, to make their disapproval known directly to the
person(s) responsible for any unwelcome conduct or treatment. Sometimes,
such action will end the unwelcome conduct. Sometimes, an expression
of disapproval is necessary before conduct is known to be unwelcome
or offensive. Where this direct approach is not appropriate, or fails
to stop the unwelcome conduct, an informal allegation, or a formal
written complaint may be made pursuant to these policies. 2.2
Respondent Definition
and Role of the Respondent Rights
of the Respondent a) to receive a written copy of a complaint without undue delay; b) to reply to any complaint made against him or her under this document before any decision adverse to the her/his interest is reached on the complaint; c) to be accompanied by another member of the University community of his or her own choosing during any proceedings related to the complaint; d) to have the complaint, and any references to the complaint, excluded from any personal file unless he or she is found to have committed an offence under this document. In the case of a student, there is normally only one personal file, which is located in the Registrar's Office. This file normally contains the student's academic record. That file would only have information placed in it concerning a matter dealt with under these policies if the student were suspended, dismissed or expelled from the University. e) to be kept informed of the status of any proceedings under this document, and f) to receive the results of the investigation in writing. Responsibilities of the Respondent Respondents are expected to cooperate with all those responsible for dealing with the investigation of racism. 2.3
Administrative Officer with Authority (Dean of Students) In all cases of student-student racism, the Administrative Officer with Authority is the Dean of Students and will be referred to as such in the rest of this document. Responsibilities
of the Dean of Students in Cases of Racism a) Inform the International Student Advisor and, where feasible, discuss the matter with him/her before taking further action; b)
Commence an investigation when: c) Consider temporary separation of the parties pending resolution of the complaint. If a complainant and a respondent share residence, academic or on-campus non-academic spaces, the Dean of Students may deem it necessary to separate the parties while the complaint is being processed. In order to encourage complaints from those who believe they have been subjected to racism, and not as an indication that a decision has been made on the merits of any complaint, normally it will be the respondent and not the complainant who will be moved. The Dean of Students will take into account the possibility that relocating a student will draw attention from uninvolved members of the University community to the case, and will evaluate and act based on the facts available at the time. 2.4 International Student Advisor Definition and Role of the International Student Advisor The International Student Advisor is the employee appointed by the University to carry out, in a confidential, non-partisan and neutral manner, the responsibilities listed below. Responsibilities of the IS Advisor The International Student Advisor shall: a) promote among members of the University community an awareness, understanding, and sensitivity to the issue of racism and in particular conduct an annual education session for incoming students; b) receive inquiries and complaints relating to racism; c) advise, orally and in writing, those who allege they have been subjected to racism of counselling resources available to them on or off campus, and assist them in finding counselling; d) advise, orally and in writing, those who allege they have been subjected to racism of options available to them for dealing with their complaints, including in appropriate cases the options of direct communication with the person whose behaviour is objectionable, mediation, discipline, human rights complaint, civil action or criminal action; e) advise, orally and in writing, those who allege they have been subjected to racism that, in the interests of their safety and well-being, their residence, academic and work environments may be altered during or after the handling of their complaint(s); f) offer, orally and in writing, to assist any member of the University community to report to the police any allegation of racism which may amount to a criminal offence, and require written confirmation if such person does not want the matter reported to the police; g) inform respondents and complainants, orally and in writing, that, while the mediator will not release any information given to him or her in confidence, some external authorities such as ourts of law might have the authority to require the release of the information; h) provide advice and assistance concerning the application of this document to complainants and to respondents; i) advise the Dean of Students in the investigation of complaints of racism, and j) keep complainants and respondents informed regularly -- in writing -- of the status of any proceedings under these policies. 2.5 Formal Mediator(s) Definition and Role of the Formal Mediator(s) A mediator is a person, with training in mediation techniques and process, who is appointed by the International Student Advisor to work with a complainant and a respondent towards settling and resolving a formal written complaint of racism. Responsibilities of the Formal Mediator(s) It is the responsibility of mediators appointed by the International Student Advisor to: a) work with complainants and respondents towards resolving and settling complaints; b) keep in a separate case file a written record of the mediation proceedings which follow each formal written complaint, including the steps taken in an effort to settle each complaint; and c) keep confidential all information contained in case files except as provided in this document.
Definition and Role of the University Judicial Committee The University Judicial Committee is a body, appointed by the University, to handle issues and cases requiring formal resolution within the University system. Responsibilities of the Judicial Committee It is the responsibility of those handling judicial cases under this document to: a) keep in a separate case file a written record of each case including the decisions made; and b) keep confidential all information contained in these case files except as provided in this document.
Definition and Role of the Third Party Reporter A
third party reporter is any individual who suspects a case of student-student
racism. Anyone may make a third party report upon becoming aware
of a suspected incident of student-student racism. A third party reporter has the right to: a) have his or her identity kept confidential; b) make a report without fear of reprisal. Responsibilities of the Third Party Reporter Anyone who wishes to make a third party report should do so to the Dean of Students. Personal Counsellors and the Chaplain are not required to report information obtained in the fulfilment of their counselling duties under any section of this document. The International Student Advisor is not required to report unless a formal written complaint has been lodged.
A student who feels another student's conduct towards him or her constitutes racism has many informal and formal options for dealing with the matter as outlined below. Note: This information is not intended to prescribe what a student should do. Confidential advice is available from the Dean of Students, Personal Counsellor, Chaplain or International Student Advisor. 3.1 Informal Options Within the University System i a direct approach to the other person with or without procedural suggestions from the International Student Advisor; ii a direct approach to the other person by the International Student Advisor at the request of the complainant to ask the respondent to meet with the complainant, possibly with the International Student Advisor present as a neutral third party. IF
an agreement is not reached after exercising either or both of these
options; OR 3.2 Formal Options Within the University System A student may opt for a formal option, without pursuing any of the informal options outlined in 3.1. i mediation under this document (see Sections 2.5 and 5.1) ii
a formal investigation by the Dean or Students (or his/her delegate) 3.3 Options Outside the University System Separate from, or in addition to University system options (3.1 and 3.2) the following options are simultaneously available outside the University system: i a human rights complaint ii a civil (legal) action; or iii a complaint to the police
There are two circumstances under which the Dean of Students, the International Student Advisor or other concerned members of the University community could become aware of an incident of racism by one student against another: 1) if a student makes a verbal allegation or formal written complaint about racism directed at him or her, in which case the options in Section 3 apply; 2) if anyone makes a third party report to the Dean of Students whether a complaint has been made or not, in which case Section 2.3(b) applies; Personal Counsellors and the Chaplain are not required to report information obtained in the fulfilment of their counselling duties under any section of this document. The International Student Advisor is not required to report unless a formal written complaint has been lodged. 5. PROCEDURES AFTER AN INCIDENT OF RACISM 5.1 Procedures Following Formal Written Complaints A formal written complaint of racism can be made at any point in the complaint process, regardless of whether or not informal procedure(s) outside the University system are in progress. Those who feel they have been subjected to racism are encouraged to discuss the matter in confidence with the International Student Advisor and may do so before making any written statement. After a student makes a formal written complaint the International Student Advisor shall, without undue delay, give a copy of the complaint to both the respondent and the Dean of Students. The complainant may then choose among the following options: 5.1.1 Mediation The International Student Advisor will present the possibility of mediation to both the complainant and the respondent. If both the complainant and the respondent consent to mediation, the International Student Advisor will present both parties with a list of trained mediators selected jointly by the International Student Advisor and the Dean of Students. With the agreement of both the complainant and the respondent, the International Student Advisor will then appoint a suitable mediator. The mediator will then proceed with formal mediation procedures under these policies. If mediation is unsuccessful for any reason, the International Student Advisor will inform the Dean of Students. 5.1.2 Investigation If either party does not wish to have the matter mediated, or if the mediation process does not settle the matter to the satisfaction of the parties( and the International Student Advisor or either party informs the Dean of Students) and the Dean of Students, the Dean of Students will conduct an investigation under these policies which will consist of:
i) evaluation of all evidence provided by the complainant, the respondent
and any witnesses; At the conclusion of the investigation, the Dean of Students will either dismiss the complaint or take appropriate action. In the case of a student, appropriate action would normally include a determination of enough evidence to merit a charge before the University Judicial Committee. 5.1.3 Judicial Committee Hearing A charge may be brought directly to the University Judicial Committee by the complainant. Time
Limit 5.2 Mitigating Any Harm Suffered By The Complainant If it is determined by either the Dean of Students or the University Judicial Committee, as the case may be, that racism occurred, the President shall decide on any measures for remedying or mitigating any harm suffered by the complainant as a result of the racism. 6. CONFIDENTIALITY OF INFORMATION Personal Counsellors and the Chaplain are not required to report information obtained in the fulfilment of their counselling duties under any section of this document. The
International Student Advisor is not required to report unless a formal
written complaint has been lodged. a) released to the respondent to give him/her an opportunity to respond to a complaint; b) released for the purposes of dealing with an alleged commission of an offence under this document, although no information given to a mediator by a complainant or respondent in confidence will be used for any such purpose; c) placed in a complainant's or respondent's personal file to support or record disciplinary action taken against him or her in respect of racism or, in the case of the respondent, to record the details of a settlement where the respondent admits responsibility for racism. For students, normally there is only one personal file and that is located in the Registrar's office and contains the student's academic record. That file would only have information placed in it if the student were suspended, dismissed or expelled. d) released by requirement of law. All case files will be turned over to the International Student Advisor when they are no longer required by the Dean of Students, mediator(s), the University Judicial Committee or those andling appeals. The International Student Advisor will not give access to any of these files to any person except with the authority of the President or a Vice-President. Case files will be destroyed five years after the most recent activity in relation to the file. However, records concerning the numbers and types of cases and the resolution of cases can be kept after five years provided these records do not contain personal identifiers. 7. APPEALS Any decision that a complaint made under this document should be dismissed or that a person is guilty of an offence under this document, and any discipline imposed for an offence under this document, may be appealed by either the respondent or the complainant, as the case may be, to the appropriate appeals committee or, if there is no appeals committee, to the President, who may delegate the handling of the appeal to an individual or committee as the President may deem appropriate. |
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Maintained by Student Life May 11, 2006 |