Anti-Racism, Access and Equity Policy and Human Rights Complaints Procedure

C: HUMAN RIGHTS COMPLAINT PROCEDURE

Definitions

Complainant
the individual alleging the discriminatory treatment or behaviour
Respondent
the individual against whom the allegation of discrimination is made
Member
for the purpose of this policy, the term member includes any paid member of Trailblazers Tandem Cycling Club
Volunteer
for the purpose of this policy, the term member includes any volunteer with Trailblazers Tandem Cycling Club
Guest
for the purpose of this policy, the term member includes any guest at Trailblazers Tandem Cycling Club rides, events or meetings who is not participating as a member or volunteer

Avenues of Complaint

Complaints will be dealt with by the club President. Where appropriate, the President will consult with the Club Executive and/or any other affected members, volunteers, or guests.

All situations in which the President has been named in a complaint will be dealt with directly by the Vice-President and the remainder of the Executive.

Right to Complain

Individuals have the right to complain about situations they believe to be discriminatory or harassing in nature.

This policy prohibits reprisals against members, volunteers and guests because they have complained or have provided information regarding a complaint. Alleged reprisals are subject to the same complaints procedures and penalties as complaints of discrimination.

Reporting a Complaint

Although individuals may first choose to make a verbal complaint, a written summary of the incident will be required.

Complaints should be reported as soon as possible. If the complaint is delayed beyond three months, the complainant should outline the reason for the delay in reporting the incident(s).

A letter of complaint should contain a brief account of the offensive incident(s), when it occurred, the person(s) involved and the names of witnesses, if any. The letter should be signed and dated by the complainant.

Investigation

Within seven (7) days of receiving a complaint, the President and/or the Vice-President must initiate the investigation process.

As soon a possible after receiving the complaint, the President or Vice-President will notify the individual(s) being named in the complaint. All individuals named in the complaint have a right to reply to the allegations against them.

Individuals named in the complaint as witnesses will be interviewed.

Settlement and Mediation

With the consent of the complainant and the respondent, the investigator may attempt to mediate a settlement of a complaint at any point prior to or during an investigation.

Every effort will be made to reach a settlement satisfactory to the complainant and the respondent.

Confidentiality

All individuals involved with a complaint must ensure the matter remains confidential.

The investigator will release information only on a need-to-know basis. Whenever possible, investigation reports are presented in a summary format without the names of witnesses.

Findings and Recommendations Once the investigation is complete, the investigator will prepare a written report summarizing investigation findings.

Final Decision

The individual(s) who filed the complaint and those named in the complaint have the right to review and comment on the investigation findings with the President or the Vice-President.

Remedy

A response to a founded complaint could include remedial action ranging from:

If the findings do not support the complaint, TRAILBLAZERS TANDEM CYCLING CLUB might:

or

It may be that no action is taken against the respondent, but there might be a need for some leadership or systemic activity.

A person who is found to have made a frivolous or vexatious complaint may be subject to disciplinary action.

Timeframe

Complaints should be reported within three months of the incident. If the report is made after three months, an explanation of the delay should accompany the complaint.

Complaints will be dealt with in a timely manner.

Records

When remedial action requires discipline of a member, volunteer or guest, a record of the disciplinary action will be kept with the executive.

Ontario Human Rights Commission (OHRC)

This internal procedure is available to individuals to resolve complaints of discrimination. Parties also have recourse to the Ontario Human Rights Commission, however, once a grievance is filed with OHRC, the internal procedure is not an option.