Unless complaints are handled properly, the process can be as bad as the punishment, write Howard Levitt and Robert Taylor. Read more.
And some of them provide protection if you are the target of a complaint. Therefore, you need to consult the university’s internal rules and regulations immediately. Some may require substantive pre-conditions, such as that the responsible university official to whom the complaint has been made must be satisfied that valid grounds exist for disciplinary action before an investigation is launched. In other words, a complaint can’t be rubber stamped and an investigation automatically launched.
If you have been the target of a complaint, you are entitled to know the particulars of the complaint such as the date and time of the alleged incident and what it is alleged you did. And you should resist submitting to an investigation until you have full particulars. You may be able to avoid an investigation and disembowel the entire complaint and disciplinary process.
If that isn’t possible or it is too late to do so, you may enjoy other protections. One is “academic freedom,” which allows members the right to express their views even if they might offend the existing political climate. Another is your right to insist that the university comply with its own policies. You might be surprised how often university administrators don’t know or don’t follow their own policies. Another is the right to an independent investigator.
Some universities offer reimbursement for the legal fees incurred by a member who has been successful in responding to a complaint .1. If you are the target of a complaint, consult a lawyer experienced in such matters. Even if there is a faculty association ostensibly there to represent you, we suggest getting outside advice — in our experience some faculty associations are helpful, but others are totally ineffective.
2. Locate and familiarize yourself with the university’s rules and regulations relating to complaints and discipline and any codes that provide you protection such as “academic freedom.”4. Launch a forceful response as soon as you can. It is important to derail a flawed process early on before it gains its own momentum., employment and labour lawyers with offices in Toronto and Hamilton. He practices employment law in eight provinces.
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