Formal Complaints to RDI

Yes. Formal complaints should usually be filed within one year of the incident. In some circumstances, RDI may extend this timeline, such as when significant barriers prevented an earlier filing.

You cannot file multiple internal BCIT complaints about the same issue through different processes, such as both RDI and Student Conduct. You will need to choose one internal process as RDI may decline to accept a complaint if the allegations have or are being fairly dealt with through another process. However, filing a complaint at BCIT does not prevent you from pursuing an external option, such as the BC Human Rights Tribunal.

A formal complaint usually needs to be submitted to the person who was subjected to the harassment, bullying, or discrimination. There may be some extenuating circumstances, as outlined in Procedure 7507-PR1 [PDF], where RDI can accept a complaint filed by someone else. Please speak to RDI for more information.

RDI will review the complaint to determine whether it can proceed through the Policy 7507 process. A complaint may not be accepted if:

• it does not include enough detail to be addressed fairly
• it was filed outside the usual time limit
• it does not fall within the scope of Policy 7507
• the matter is already being addressed through another process
• moving forward could interfere with another legal proceeding

If a complaint is accepted, that does not mean the allegations have been proven. It means the matter will move forward for formal resolution or investigation.

Yes. Anyone may bring the following:

• A representative, such as a union representative, student advocate, or for an excluded employee another BCIT excluded employee of their choosing
• A support person, such as an Elder, friend, or counsellor, for emotional support

A support person is there to provide emotional support only and does not act as an advocate. Support people must not be involved in the matter or be a potential witness. All representatives and support people are bound by confidentiality.

No. Retaliation is not permitted against anyone for making a complaint in good faith or for participating in a complaint, resolution, or investigation process. Retaliation may itself be considered a breach of Policy 7507.

If a formal complaint is filed against you and accepted, you will receive a copy of the complaint, although some identifying information may be removed where necessary. You will also be told whether the matter is being considered for the formal resolution process (which requires the voluntary participation of both parties) or an investigation.

You should:

• read the complaint carefully
• consider contacting your union, or a student advocate, or an excluded employee may request representation by another BCIT excluded employee of their choosing
• consider whether you want to provide an optional written reply, a copy of which would be shared with the person who filed the complaint (Complainant)
• avoid discussing the matter beyond your representative or support person

Anyone who files a complaint in bad faith, including a complaint that is knowingly false or exaggerated may be subject to discipline. In some cases, this conduct may itself be considered a form of bullying or harassment.

The complaint process is handled as confidentially as possible. Information will only be shared where it is necessary to address the complaint, conduct an investigation, support safety, implement interim measures, or meet a legal obligation.

No. If both parties agree, a facilitator may support a formal resolution process. This gives the parties an opportunity to communicate concerns, identify needs, and explore options for resolution. This process can take several forms, including but not limited to facilitated conversations.

If the matter is resolved through this process, it will not proceed to investigation. Information will only be shared with others, such as Human Resources or a manager, where needed to support implementation of the resolution and with the parties’ awareness.

Possible outcomes may include:

• an apology
• an agreed change in behaviour or communication
• a signed memorandum of agreement

Investigations are completed as promptly as possible. Timelines vary depending on the complexity of the matter, the number of people involved, availability of participants, and the amount of documentation to review. Some investigations may take several weeks, while others may take a few months or longer depending on the matter.

Both the complainant and respondent may request interim measures during an investigation. Interim measures are temporary actions put in place to support safety (including psychological safety), protect the integrity of the investigation, and maintain fairness while the process is ongoing.

RDI may recommend interim measures where appropriate. Decisions about which measures to implement are made by those with the authority to do so (such as managers) and are based on operational feasibility. In some cases, implementing interim measures may require limited information sharing.

Examples of interim measures may include:

• Limiting or restricting contact between parties
• Adjusting work or learning schedules or locations
• Increasing supervision or workplace monitoring

Interim measures are temporary and do not determine or influence the outcome of an investigation.

Investigation interviews may take place virtually or in person, depending on the participant’s preference and operational needs. Interviews are not recorded. Instead, the investigator keeps notes.

Parties to the complaint may bring a representative or support person.

Witnesses do not receive a copy of the complaint, and any information they provide may be summarized anonymously in the final investigation report.

The final report typically includes:

• a summary of each party’s position
• a summary of relevant witness evidence and documentation
• findings of fact and the reasons for those findings
• a determination about whether or not Policy 7507 was contravened

The report may also note mitigating or aggravating factors relevant to the determination of discipline or corrective action and/or suggestions regarding remedies to maintain a respectful environment.

The report is provided to the complainant and respondent. It may also be shared with their representatives, but it must remain confidential.

The final report may find that Policy 7507 was not breached, or that it was breached and will indicate in what way.

RDI does not decide discipline or sanctions. Where a breach is found, a copy of the report is shared with the appropriate decision-maker, such as Labour Relations, or Student Conduct, depending on the context. Outcomes may include education, training, formal warnings, suspension, or other disciplinary measures up to and including termination or expulsion.

Disciplinary outcomes are not shared with the other party.

If you disagree with the findings of the investigation, you may appeal to a Board of Inquiry by following the steps outlined in Procedure 7507-PR1 [PDF].

Employees have the right to grieve or contest discipline in accordance with applicable collective agreements, contracts, policies, and legislation.

Students have the right to appeal discipline issued in accordance with the applicable policies (such as Policy 5102 [PDF], Student Code of Conduct) and legislation.