Code sets standards of conduct

When employees or students at Concordia have a serious complaint about someone’s behaviour on campus, they can turn to the Office of Rights and Responsibilities.

The office, which is governed by the university’s Code of Rights and Responsibilities, advises and assists members of Concordia’s community who feel they are being discriminated against, harassed, stalked, or otherwise verbally or physically threatened.

“The code sets standards of conduct for all students, faculty and staff. It is a comprehensive document that outlines the basic rights of university members to pursue their work, studies, and other activities in a safe and civil environment,” explains Office of Rights and Responsibilities Advisor Louise Shiller.

It also includes an exhaustive list of prohibited conduct — from sexual and psychological harassment to forgery, to hazing, to pulling the fire alarm — and then explains how the university goes about settling cases that either require informal or formal resolution, which could include mediation or disciplinary action.

“The code is not punitive in nature. It’s really to restore collegiality and to promote respect,” explains Shiller.

“There are potentially 15 plus infractions under the code,” she says. “All of them are behavioural in nature, and that’s what distinguishes my office from the Ombuds Office, which mainly deals with academic and policy issues.”

Many people who visit the Office of Rights and Responsibilities are seeking advice on how to deal with a situation. At this stage, consultations with the advisor are confidential.

Other people who visit the office need someone to intervene and assist them in resolving a situation. In this case, Shiller says, she prefers to first let someone who is “local” assist in reaching a resolution. “For instance, a chair of a department could be very helpful.”

If she has to intervene on behalf of a member of the university, Shiller maintains impartiality. Sometimes she’ll have people from both sides of a conflict visiting her, and seeking her advice. She always gives them an equal hearing.

If the situation is deemed to be serious enough, the advisor will help the student or employee file a formal complaint. In the dozen or so cases each year when this occurs, the matter can often still be resolved informally — for example, through a mediated settlement, or an apology letter.

In the event that the matter cannot be dealt with informally, the code outlines the process for handling formal complaints either through a tribunal, in the case of a complaint involving a student, or through an investigation conducted in accordance with a collective agreement in the case of an employee. The hearing panel or the authorities in charge of the investigation are authorized to issue sanctions or take disciplinary action if the case turns out to be founded.

The important thing is that everyone on both sides of the complaint gets to have their say. As the code states, “Complaints made under the Code shall be adjudicated in a manner that is consistent with the principles of natural justice and fair for all parties, regardless of constituency.”

Sometimes, behavioural complaints against students, staff, or faculty are serious enough that the rights and responsibilities advisor activates the Protocol on the Coordination of Urgent Cases of Threatening or Violent Conduct. The advisor then convenes a special ad hoc case management team to expedite the situation as soon as possible. However, Shiller insists, these instances are rare.

It is important for students, staff and faculty to understand that the code applies to everyone, says Shiller, because it outlines the rules for acceptable conduct for every single person on campus.

“The code is amazing in the fact that everything is in there,” she says. “If there’s any question, you just refer to the code. It doesn’t leave a lot of room for confusion, but it does leave a lot for choice.”

Related links:
•  Code of Rights and Responsibilities
•  Protocol of the Coordination of Urgent Cases of Threatening or Violent Conduct
•  Office of Rights and Responsibilities
•  “New and Revised Policies” - NOW, September 13, 2011
•  Concordia University’s Official Policies