Within 10 working days of receiving the Conduct Report, where either the complainant or respondent allege any of the following:
i. prejudice by procedural unfairness; or
ii. determination that the complaint could not proceed as it is not based on a prohibited ground; or
iii. determination that a breach was unsupported by the facts; or,
iv. determination that a sanction was excessive or insufficient,
a written appeal, may be submitted to the Senior Vice-President (or designate) (hereafter referred to as the "Vice-President"), within 10 working days requesting a Complaint Review Board (hereafter referred to as the "Board"), outlining the reasons for the request.
It is understood that signed resolutions reached at the Informal Resolution and Mediation stage cannot be referred to the Complaint Review Board.?
The Vice-President, or designate, may constitute a Board hearing within 10 days of receipt of the request.
The Board shall be chaired by the Vice-President, or designate, and have one member selected by the complainant and one member selected by the respondent.
Where either the complainant(s) or respondent(s) do not select persons to the Board, the College will appoint persons as necessary to complete a Board of three.
The Board shall review any written submissions, investigative reports, final resolution report and any other written documentation with regards to the complaint. Depending upon the nature of the complaint, the Board may hear further submissions.
Within 30 working days of the Board being convened, the Board shall make its decision and communicate the Board's findings and recommendations to all parties involved.
The decision of the Complaint Review Board shall be final and binding on the parties. However, it is understood that:
i. any unionized employee may grieve any sanction imposed through grievance procedures set out in the Collective Agreement(s) with the College;
ii. any employee or student may consult with internal and/or external persons, including the College Ombudsperson, the Ontario Human Rights Commission, or any other person or agency who they determine would be appropriate.