University of New Brunswick, Fredericton
PA-7: Support for Underrepresented Groups

https://www.unb.ca/humanrights/_resources/declaration.pdf

A description of the Bias Response Team can also be found in the policy in the Optional Fields.

8.0 Informal Process

8.1 The University recognizes that it is imperative that Members of the University Community have access to expert, objective advice and guidance related to issues of Discrimination, Sexual Harassment and Harassment. Further, the University recognizes that Members will be much more willing to seek such advice and guidance if they feel confident that this informal consultation process will remain confidential and will not result in the creation of any obligation on their part, or on the part of the Officer with whom they consult, to take any action.

8.2 The University must take action with regard to information relating to Discrimination, Sexual Harassment or Harassment once it is brought to the attention of a Person in a Supervisory Position. As a result, the University shall designate certain members of its community (hereinafter to be called “Officers” and to include the Human Rights Officer, identified Human Resource Consultants and/or trained Harassment and Discrimination Advisors) who are, by definition, not Persons in Supervisory Positions to provide confidential, no-obligation advice and guidance to members of the University community under this Policy.

8.3 An Officer who is consulted by a Member shall advise that Member that their discussions are confidential and shall not result in any action taken without the permission and direction of the member except in the following circumstances:

• Where the information provided by the Member to the Officer suggests to the Officer that the consulting Member or any other person is or may be in immediate physical danger;

• Where the information provided by the Member to the Officer suggests to the Officer that a criminal offence has been or will be committed;

• Where the information provided by the Member to the Officer suggests to the Officer that a child or other vulnerable person is being harmed, abused or in any other way injured; or

• Where required to be disclosed under the law. Where any of the above is true, the Officer shall have an obligation to take steps to address the situation appropriately, including advising University administration and, where appropriate, University Security and the local police of the situation.

8.4 Members who consult Officers shall be deemed to acknowledge that the Officer will take no action regarding the subject matter about which the Member has consulted the Officer unless specifically directed to do so by the Member. Should a Member wish to create an obligation to act on the part of the University or one of its members, the Member must bring their concerns forward to a Person in a Supervisory Position who is not an Officer as defined in the Policy.

8.5 Officers shall be available to meet, on a confidential, no-obligation basis, with Members of the University Community who feel they are facing, or know someone who might be facing, Discrimination, Sexual Harassment or Harassment.

8.6 The Officer shall provide a consulting Member with advice and guidance on the following topics:

• what constitutes Discrimination, Sexual Harassment or Harassment under University policy, collective agreements and the law;
• the applicability of the definitions of Discrimination, Sexual Harassment or Harassment to the situation brought forward by the Member;
• the Member’s options as to how to attempt to address the situation in an informal manner, including discussing the possibility of the member approaching the Respondent to discuss the matter and other tactics that might resolve the situation quickly and effectively;
• the supports available to the member as the attempt to deal with the situation, including the Member’s Union or Association, the Student Advocate, the International Student Advisor, Human Resources and Organizational Development, the Office of Human Rights and Positive Environment, Student Counseling, the Employee Assistance Plan, Student Health, Campus Security, the Accessibility Centre and any other similar supports that might be appropriate;
• the formal processes, both within and outside the University, available to the member for dealing with the situation, including the Formal Procedures under this Policy, the grievance provisions of the various Collective Agreements, the Student Disciplinary Code, the Residence Code of Conduct, the New Brunswick Human Rights Act;
• the Member’s rights with regard to consulting a lawyer as distinct from representation by a lawyer during internal processes;
• the possible consequences of bringing a malicious complaint under any process;

8.7 The Officer may, with the consent of the consulting Member, take steps to attempt to aid in the resolution of the concern, including:

• Helping the Member plan and implement a discussion with the Respondent;
• Helping the Member draft a letter to the Respondent;
• Helping the Member make contact with a University or outside resource or an appropriate person in a supervisory position who might be able to aid in resolving the concern;
• Making contact with the Respondent with a view to creating a conversation which may lead to a resolution of the concern;
• Providing advice and guidance to the Respondent on the topics set out in section 8.06 above;
• Working with Human Resources and Organizational Development, Student Affairs and Services, Residential Life or any other appropriate University entity to take nondisciplinary steps to create safety and comfort for all Parties while the procedures under this Policy are underway (including, but not limited to, separating the Parties in the workplace, requiring Parties not to communicate directly with each other, etc.);
• Obtaining information that might aid the Member in resolving the concern;
• Working with Human Resources and Organizational Development, Student Affairs and Services, Residential Life or any other appropriate University entity to arrange Mediation of the concern as set out below, should Mediation be deemed appropriate and acceptable to the Parties;
• Any other steps that the Officer might feel would help to resolve the concern in an informal fashion and to which the consulting Member consents.

8.8 In taking steps under section 8.7 above, the Officer shall ensure that they do nothing that might compromise their neutrality and objectivity in the matter, that might display an actual or perceived preference for one Party or another, or that might breach the legitimate right of all the Parties involved to have the matter dealt with in a reasonably confidential manner.

8.9 Confidentiality during Informal Process and Formal Procedures under this Policy shall be enjoined on the Officer and any other third-party member of the University who becomes involved in addressing the concern. While it is usually in the best interests of all that the Parties maintain the confidentiality of the process as well, it is recognized that Parties must be allowed the ability to deal with the situation, concern or complaint in an appropriate fashion, including consulting with counselors, friends and family members about the situation, concern or complaint.

8.10 When a concern is resolved through an informal process, the Parties may enter into a resolution agreement, which sets out the terms of the resolution. If such an agreement is entered and one Party, at a later date, feels another Party has breached the terms of the agreement, a Complaint may be made under this Policy with regard to the breach and such breach, if proven, shall be considered Discrimination, Sexual Harassment or Harassment, as appropriate.

8.11 A Complaint determined to be Malicious shall be subject to discipline.

9.0 Informal Process – Mediation

9.1 If the Officer deems that Mediation is appropriate and the Parties consent, the following shall occur: 9.1.1 The Complainant shall provide the Officer with a written, signed summary of their concerns, giving details of the alleged Discrimination, Sexual Harassment or Harassment, including, to the best of his or her recollection, dates, times, places and names of individuals involved;

9.1.2 Within five working days from the date of receipt of the written Complaint, the Officer shall inform the Respondent of the allegation(s) and will provide the Respondent with a copy of the Complaint;

9.1.3 Upon receipt of the written Complaint, the Respondent shall have the following rights:

a. To consult with the Officer to discuss the Complaint and their rights under the process;

b. To consult with and have the on-going support of their Union or Association representatives throughout the process;

c. To prepare and deliver a Response to the Complaint within fifteen working days of receipt of the Complaint (though the Respondent shall not be required to submit a written Response);

d. To decide whether or not they wish to take part in Mediation, which decision shall be communicated to the Officer within five working days of the Respondent’s receipt of the Complaint.

9.1.4 If all Parties agree to take part in Mediation, the Officer shall promptly consult with all Parties on the choice of a Mediator.

9.1.5 Any Party may request an extension to time limits and it shall be granted by the Officer unless it is unfair or unreasonable to do so.

9.2 All Parties must agree as to the choice of Mediator. The Mediator chosen must be unbiased, independent of all parties and acceptable to the University (as represented by the Officer). If the Parties cannot agree on a Mediator, the Complainant may choose to proceed through the Formal Procedures.

9.3 Mediation will begin as soon as possible after the Mediator is chosen and retained by the University. Under normal circumstances, Mediation will be concluded within ten working days of the appointment of the Mediator, unless the Mediation period is extended by mutual agreement of the Parties. The options for resolution shall be of a voluntary nature.

9.4 The work of the Mediator and all discussions that form part of the Mediation shall remain confidential and may not be used in future proceedings. If a mediated resolution is proposed that would require the cooperation of the University or its representatives, the University (as represented by the appropriate University Official) must be made a Party to the Mediation and agree to any resolution. If a mediated resolution is achieved, the Parties shall enter and sign a written resolution agreement (Mediated Resolution Agreement), a copy of which shall be filed with the Officer.

9.5 If no mediated resolution is achieved within the time allotted, or if, at any time during the Mediation, the Mediator comes to the conclusion either that no resolution is possible or that the Mediation process has become a forum for further Discrimination, Sexual Harassment or Harassment, the Mediator shall advise the Parties and the Officer in writing that the Mediation is at an end with no resolution achieved.

9.6 In the event that the Mediator advises that the Mediation is at an end with no resolution achieved, the Complainant has the following options: • They may withdraw the Complaint; • They may request that the Complaint be dealt with under the Formal Procedures (Section 10.0) under this Policy.

9.7 A breach of a Mediated Resolution Agreement shall be considered an offence under this Policy. Should a Party to an Agreement allege that another Party has breached the terms of the Agreement, they may ask that Mediation be resumed or they may file a Formal Complaint alleging such breach under the Formal Procedures under this Policy. In the latter case, the Formal Procedures shall address the issue of whether or not a breach of the Agreement has occurred; it shall not revisit the Agreement nor question whether or not the Agreement was fair. A finding that the Agreement has been breached shall be dealt with in the same way that a finding of Discrimination, Sexual Harassment or Harassment would be dealt with under this Policy.

10.0 Formal Procedures

10.1 If the Complainant wishes to file a Formal Complaint, the following shall occur:

10.1.1 If the complainant and the respondent are both students, the complainant will be directed to contact the Commissioner of Student Discipline and the provisions and procedures under the Student Disciplinary Code shall be followed and the proceedings under this Policy with regard to the particular complaint shall end.

10.1.2 In all other cases, the Complainant will provide the Officer with a written signed Formal Complaint giving details of the alleged Discrimination, Sexual Harassment or Harassment, including dates, times, places, witnesses and name of the Respondent. If the Complainant brought this Discrimination, Sexual Harassmentor Harassment to the attention of Persons in Supervisory Positions who failed to deal with the Discrimination, Sexual Harassment or Harassment, those Persons in Supervisory Positions may also be named as Respondents;

10.1.3 Within two working days from the date of receipt of the completed Formal Complaint, the Officer will notify the University Official in writing that a Formal Complaint has been made


10.2 From this stage until a decision has been rendered according to this Policy, the Officer shall continue to be neutral and shall assist at all stages of the processing of the Formal Complaint, so that both the Complainant and the Respondent can be assured that action is being taken as expeditiously as possible. Normally the Formal Procedures shall be completed within three months.

10.3 Once the Officer has informed the University Official of the receipt of the Formal Complaint, the University Official shall be responsible for notifying in writing within five working days the Respondent accused of Discrimination, Sexual Harassment or Harassment that a Formal Complaint has been lodged against them, giving a copy of the Formal Complaint, any other documentary evidence, and informing them of the right to union or other representation.

10.4 Where, in the opinion of the University Official in consultation with the Officer, it is deemed appropriate to do so, the University Official shall be responsible for arranging an Investigation of the allegations contained in the Formal Complaint. The University Official may appoint an outside investigator to conduct the investigation.

10.5 An investigation under this section shall be conducted expeditiously with due regard to confidentiality for all parties concerned (the Officer may be contacted for advice on these matters). The Investigator shall follow appropriate procedures in conducting the investigation, ensuring that due process and administrative fairness are respected throughout.

10.6 The Investigator shall, upon completion of the investigation, produce a set of findings, which shall include whether the allegations contained in the Complaint are Founded, Unfounded or Malicious, on a balance of probabilities.

10.7 The findings of the Investigator shall be delivered to the University Official upon completion of the Investigation. The University Official shall, upon receipt of the findings, review said findings, where appropriate review the Complainant’s and Respondent's official file (if any) and prepare a final report, complete with recommendations as to the disposition of the Formal Complaint, along with all relevant material, which final report shall be forwarded to the appropriate Vice-President.

10.8 Each Party shall be entitled to a copy of the Investigator’s findings. If discipline is being recommended against one or both Parties, such Party shall also be entitled to receive notice of the discipline being recommended and the information, documentation and materials upon which the recommendation for discipline has been based. No Party, however, shall be entitled to receive confidential or personal information, including a recommendation as to discipline, about another Party except in accordance with 10.13 below.

10. 9 The Vice-President shall review all the material submitted to them and shall meet with the people concerned to discuss the University Official's report. The Vice-President shall decide whether or not a formal hearing is required. In the case of a formal hearing, the following procedure shall be followed:

10.9.1 The hearing shall be held in the presence of the Complainant, the Respondent, the appropriate Vice-President or their delegate, and any representative that may be permitted by relevant collective agreements or this Policy. 10.9.2 The Vice-President will ask the Complainant and/or the Respondent to state why the findings and recommendations are not agreeable to them.

10.9.3 The meeting will proceed under the direction of the Vice-President based on the responses to (10.9.2) above.

10.9.4 Any questions of anyone present are to be directed to the Vice-President who shall determine whether the question is to be asked and, if so, of whom.

10.9.5 Witnesses, if any, will be excluded from the hearing until called to testify. Questions of a witness may be directed by the Vice-President only in accordance with (10.9.4) above. In particular, the Vice-President will require prior notice as to witnesses.

10.10 After the requirements of 10.9 and 10.10 have been satisfied, the Vice-President (or the President, if necessary) shall decide upon a course of action, taking into account report of the University Official and the need for consistency with decisions on Discrimination, Sexual Harassment or Harassment (as the case may be) cases previously made. They shall either confirm or amend, in accordance with the evidence presented at the hearing under s. 10.10, the finding that the Complaint is Founded, Unfounded or Malicious and shall inform the Complainant and Respondent of the decision taken.

10.11 Should the Complaint be determined to be Founded, the Vice-President shall decide upon appropriate steps to be taken to address the situation, including but not limited to disciplinary sanctions and measures for remedying or mitigating any academic or employment harm or disadvantage suffered by any person(s) as the result of the incident(s) and behaviour complained of. The Vice-President, in considering the possibility of disciplinary steps against the Respondent, shall consider (as far as allowed under any applicable collective agreement, policy or practice) any previous disciplinary measures taken against the Respondent as contained in the Respondent’s official file (if any). The Vice-President may, at this stage of the proceedings, consult with appropriate university officials for guidance.

10.12 Should the Complaint be determined to be Malicious, the Vice-President shall decide upon appropriate steps to be taken to address the situation, including but not limited to disciplinary sanctions and measures for remedying or mitigating any academic or employment harm or disadvantage suffered by any person(s) as the result of the Malicious Complaint. The Vice-President, in considering the possibility of disciplinary steps against the Complainant, shall consider (as far as allowed under any applicable collective agreement, policy or practice) any previous disciplinary measures taken against the Complainant as contained in the Complainant’s official file (if any). The Vice-President may, at this stage of the proceedings, consult with appropriate university officials for guidance.

10.13 Once a decision has been made by the Vice-President under 10.11, 10.12 and 10.13, the Vice-President shall communicate, in writing, that decision, the reasons therefore, and the appropriate steps to be taken to the Parties and, where one or more Union(s) has been involved in the process, to the President of that/those Union(s). Where the appropriate steps to be taken include disciplinary action against one or more individuals, information about that disciplinary action shall be omitted from the information about the decision to be given to the Complainant and their Union (if any) except where necessary to ensure the comfort and safety of the Complainant.

Bridging Year: This program from the Mi'kmaq-Wolastoqey Centre provides Indigenous students the opportunity to upgrade the courses required for admission and guarantees them acceptance into the undergraduate degree program of their choice. The program also includes:
- Bridging year orientation;
- Cultural growth and support;
- Academic, career and personal guidance; and
- Events and activities year-round.

The Student Accessibility Centre provides access to a variety of on-campus services and support to UNB Students with documented visible and invisible disabilities. 
The Centre supports students enrolled in on-line courses with the review of medical documentation, the approval of appropriate accommodations, notification to instructors of the approved accommodations, and assistance with grant funding applications. The centre offers guidance, support, advocacy and advice from staff, arranges for instructional, classroom and test/examination accommodations, transition and mentoring support among many other services.
 
The Mi'kmaq-Wolastoqey Centre (MWC), located on traditional territory of Wolastoqiyik at the University of New Brunswick Fredericton, provides a learning environment for Indigenous students to develop a strong cultural foundation as well as academic and professional skills, and offers opportunities for all UNB students and faculty to become familiar with Mi'kmaq and Wolastoqey histories, cultures, contributions and treaty rights through principles of respect, sharing, harmony, acceptance and unity in diversity. MWC promotes the professional growth and self-determination of First Nations through its programs, services, and research.

Counseling Services offers free and confidential support services to full- and part-time students. Their team is made up of Counsellors and Doctoral & Masters-level interns who help students to create a treatment plan that will meet their specific needs.

The 203 Centre for Gender and Sexual Diversity: The 203 is a student led resource centre that focuses on information sharing, education & advocacy by providing a safe, supportive, and inviting space for LGBTQIA2S+ identifying students, faculty & staff. The 203 is a LGBTQIA2S+ dedicated space to study, to socialize, and a resource for LGBTQIA2S+ related information & support from peers.