Follow-up and Appeal Procedures

Follow-up and Appeal Procedures

29a) The Panel Convenor shall review the fact-finding report and notify the complainant and the complainee in writing of the fact-finding report.
   b) If the finding of the Investigation Team is that the allegation of sexual harassment is established, then the complainee will have the right to submit an appeal to the Panel Convenor. If the finding of the Investigation Team is that the allegation of sexual harassment is not established, then the complainant will have the right to submit an appeal to the Panel Convenor.
   c) Upon receipt of an appeal, the Panel Convenor will establish an Ad Hoc Panel (consisting of three members of the Panel Against Discrimination and Sexual Harassment who have not had any prior involvement in the case). The Ad Hoc Panel shall review the fact-finding report, taking into account the written appeal stated in the complainant or complainee's written submission ("Grounds of Appeal"). The Ad Hoc Panel may meet the complainant or the complainee and hear his or her submission. If it is necessary, the Ad Hoc Panel may also meet the relevant witnesses.
   d) The Ad Hoc Panel may uphold, vary or overturn the finding of the Investigation Team. The Ad Hoc Panel's decision on the facts will be final, and will be reported to the Panel Convenor.
   e) If there is a finding of "sexual harassment not established" by the Investigation Team (and no appeal is submitted) or by the Ad Hoc Panel on appeal, the Panel Convenor shall report the matter to the designated Pro-Vice-Chancellor/Vice-President and submit a final report to the designated Pro-Vice-Chancellor/Vice-President for consideration.
   f) If there is a finding of "sexual harassment established" by the Investigation Team (and no appeal is submitted) or by the Ad Hoc Panel on appeal, the Panel Convenor shall make recommendations to the designated Pro-Vice-Chancellor/Vice-President on disposal of the case, e.g. whether or not the University should pursue formal action against the complainee, and submit a final report to the designated Pro-Vice-Chancellor/Vice-President for consideration.
  g) Upon receipt of the Panel Convenor's final report, the designated Pro-Vice-Chancellor/Vice-President shall decide to accept, vary or reject the recommendations in the final report and shall decide what actions, if any, should be taken. The decision of the designated Pro-Vice-Chancellor/ Vice-President will be conveyed in writing to the complainant and the complainee.
  h) The complainee may submit a written appeal to the Vice-Chancellor on the designated Pro-Vice-Chancellor/Vice-President's specific decision on the disposal of the case, but may not appeal to the Vice-Chancellor against the decision on the facts made by the Ad Hoc Panel.
  i) The decision of the Vice-Chancellor is final and will be conveyed in writing to the complainant and the complainee.
   
30)

Decision on Procedural Matters

The Investigation Team and the Ad Hoc Panel are not strictly bound by the above procedures and requirements. After consulting the Panel Convenor on the relevant procedural matters and the proposed changes, the Investigation Team or the Ad Hoc Panel may, at any stage of the investigation and appeal, dispense with or vary the procedures or requirements to suit specific circumstances where needed.

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