Grievance, Complaint, Conflict and Appeal Resolution Policy

Purpose

Canadian All Care College (“CACC”) is committed to sustaining a positive work environment in which teachers, employees, and students work constructively together. Accordingly, the Grievance, Complaint, and Conflict Resolution Policy have been established to ensure that the learning environment remains favourable. This Policy refers to the Grievance, Complaint, and Conflict Resolution.

Scope

This Policy applies to CACC students and persons that have demonstrated an intention to enroll at CACC regardless of campus location. A student who has ceased enrolment with CACC will be considered under this Policy and related procedure for up to three calendar months after their enrolment has been discontinued. This Policy applies to any non-academic grievances.

Definitions

Bias: Prejudice in favour of or against one thing, person, or group compared with another, usually in a way considered to be unfair.

Counterpart: The individual against which the complaint is brought forth.

Policy

Justice and equality are at the core of CACC’s investigations. While all decisions must be fair, critical scrutiny must be given to the decision-making process depending on the nature of the individual grievance, complaint, and conflict.

CACC staff and the Committee members involved in the appeal process will keep in mind the effect of a biased decision on the rights of the appealing student. Therefore, they must follow the CACC’s established appeal process as stated in this document.

CACC’s Vice President has the authority to determine whether CACC is being procedurally fair in its decision-making process and to consider whether a decision is legal, just, non-discriminatory, and correct by consulting with the senior staff of the CACC industry experts and external consultants, including CACC’s lawyer.

Canadian All Care College will foster a climate where all students are treated with respect and dignity. The Policy is intended to provide an opportunity to resolve conflicts and complaints quickly, fairly, and without reprisal and to help improve communication and understanding between students and employees.

The following mechanisms are in place to help individuals resolve grievances, complaints, and conflicts:

The student may ask another person to represent or assist them through the Grievance, Complaint, and Conflict resolution process. The representative can be the primary negotiator if authorized by the student and may be able to represent the student in arriving at an amenable decision.
Penalty or retaliation against students who initiate conflict resolution, file complaints, or participate in a conflict resolution investigation will not be tolerated and will be subject to disciplinary action.
A complaint in which a complainant makes allegations knowing them to be false or submits a complaint about a purely malicious or vindictive purpose will not be tolerated and could be subject to discipline with the possibility of expulsion.
This Policy allows students to resolve grievances, complaints, and conflicts informally or formally. Students are encouraged to follow the procedures to resolve their issues. Nothing in the Policy is intended to prevent complainants from using alternative methods such as legal actions or other internal policies or practices.
Complainants have the right to withdraw their complaints at any stage in this process. The College may continue to act on the issues identified in the objections to comply with its obligations.

Bias-free Decision

CACC created the following model to help Committee members (staff, volunteers and external) to arrive at a fair decision to resolve students’ grievances, complaints, and conflict resolution

Understand the grievance, complaint, and/or conflict situation presented by a student and/or student representative;
Analyze critical problems or challenges the student is facing within a non-academic environment;
The mechanism for the student’s interest to be represented in a decision-making process that reasonably promotes a bias-free appeals decision process within a specific timeline for resolution of the appeal and communication with the student.
Create a multitude of potential solutions;
Choose the solution(s) that has the potential to be the most effective, &
Translate solution(s) into a practical decision.

Note: “business day” refers to regular operating hours at CACC, Monday to Friday. Holiday and/or emergency closures are not included in any business days calculation.

Procedure

The following three stages are associated with the grievances, complaints, and conflicts resolution process, with each stage representing an increased level of formality to assist in managing the process:

Stage 1 – Informal: Discussion/negotiation typically happens between the students and/or student representative and the Admin Coordinator.
Stage 2 – Formal Internal Complaint: This is managed by one of the Campus Managers.
Stage 3 – Formal Internal Appeal: That is managed by the Program Director/ Head of the Department.

Students must note:

When escalating grievances and complaints between and/or within a stage, the student and/or student representative must present evidence that previous determinations were lacking in either judgment and/or due processes. If this is impractical, complainants should communicate with the Program Director/ Head of the Department.
For each stage of the process, the complainants may ask another person to represent them through the Grievance, Complaint, and Conflict process. The representative can be the primary negotiator if authorized by the student and may be able to describe the student in arriving at an amenable decision.
For each stage of the process, complainants have the right to a full explanation in writing for any decisions made and actions which were taken or will be taken as part of the procedures.

Stage I - Informal Grievance, Complaint, and Conflict Resolution Process

It is expected that students who experience non-educational-related conflicts or who have complaints will first attempt to discuss the matter with their concerned counterparts.

In some situations, this may be difficult or inappropriate. In these cases, students may request a meeting with an Admin Coordinator to discuss their complaints or conflicts.

The first stage in the complaint process will be to resolve the complaint with the Admin Coordinator (or by a designed third party if the Admin Coordinator is the focus of the complaint), working directly with the student and/or student representative.

Steps to Informal Discussion/Negotiation

Generally, within two (2) working days of the grievance or complaint, a student and/or student representative may contact the Admin Coordinator to discuss/negotiate the concern to arrive at mutually agreeable resolutions.
The student and/or student representative is responsible for ensuring when entering such informal discussion/negotiation that they present a clear ground for their grievance or complaint and, where applicable, preceding evidence to support the claim.
Following the discussion, the Admin Coordinator will investigate the grievance or complaint with procedural fairness, consult with the relevant staff and students of CACC as part of these investigations, and engage in a further informal discussion with the student and/or student representative.
An informal resolution meeting with the student and/or student representative, facilitated by the Admin Coordinator, may be arranged to help resolve the issue. For a resolution meeting to be successful, both parties must agree.
The Admin Coordinator shall typically respond to the student within two (2) working days of the student’s and/or student representative initial raising of their grievance or complaint. No further action is required if the student is satisfied with the response.
Suppose the student is dissatisfied with the response, the outcome, or the time taken to resolve the matter. In that case, they should proceed to the Formal Grievance, Complaint, and Conflict Resolution Process (Stage II.)

Stage II - Formal Grievance, Complaint, and Conflict Resolution Process

Suppose a student and/or student representative is dissatisfied with the outcome of Stage 1. In that case, they may lodge a formal complaint within two (2) working days of receipt of the Admin Coordinator’s decision or no decision from Stage I.

Students and/or student representatives who have a complaint or require management intervention about a non-educational-related conflict and wish to initiate the formal resolution process must complete a Student Complaint Resolution form (See Attachment A), with supporting details of the conflict situation or complaint, and submit it to their Campus Manager.

The second stage in the complaint process will be to resolve the complaint by the Campus Manager (or by a designed third party if the Campus Manager is the focus of the complaint) working directly with the student.

The student and/or student representative must include in this written communication:

Evidence in the Student Complaint Resolution form that the previous determination was lacking in either judgment and/or due process;
the nature and grounds for their grievance;
Indicate whether or not they have pursued Stage I of this procedure, and if not, briefly make clear the reasons for not doing so;
the date of the initial decision;
Explain why reconsideration is being requested;
Copies of any written communication between the student and/or student representative, concerned counterpart, or the Admin Coordinator that took place within Stage I; and
Evidence that supports their grounds for complaint, where available (which may include new evidence).

Steps to Formal Resolution

Within two (2) working days of receiving the conflict/complaint resolution request, the Campus Manager will complete an investigation;
The Campus Manager will investigate the case presented with procedural fairness;
Consult with relevant staff at the same organizational level or lower, as well as students of CACC, about the case;
Request the student and/or student representative to meet in person or via video conference to discuss the case;
On the third day from the day of receiving the conflict/complaint, a written response will be sent to the student and/or student representative and who will be required to acknowledge receipt and indicate if they agree or disagree;
This communication will also include a copy of the College’s Grievance, Complaint, and Conflict Resolution Policy;
The outcome will formally be recorded in the student file.

Note: The Campus Manager cannot proceed with the investigation if they had any prior involvement in the case or assisted with the initial investigation. The Program Director/Head of Faculty will assign another administrative person to investigate and resolve the issue.

If the student is satisfied with the response at this stage, no further action is required.

If the student is dissatisfied with the response, the outcome, or the time taken to resolve the matter, they may proceed to the Formal Internal Appeal (Stage III.)

Stage III - Formal Internal Appeal

A student and/or student representative may formally appeal a decision made at Stage II within two (2) working days of receiving the written response from the Campus Manager. At this stage, the student must complete Stage II – Formal Grievance, Complaint, and Conflict Resolution part to express the grounds for disagreeing with the previous decision from Stage I.

The student and/or the student representative must include as part of this appeal letter:

Evidence that the previous determination was lacking in either judgment and/or due process;
nature and grounds for their appeal;
Explain why reconsideration is being requested;
Copies of any written communication between the student, staff, or concerned counterpart, Admin Coordinator, and the Campus Manager that took place in the previous stages; and
Where available, evidence that supports their grounds for grievance and complaint may include new evidence.

The Program Director/ Head of the Department will investigate the non-academic appeals. Within three (3) days of receiving the student appeal, the Program Director/Head of the Department will establish an Appeal Committee consisting of the following members to resolve the appeal:

One member from the administrative team (Chair);
One member of the Academic Committee (excluding manager)
One faculty member; and
One external Program Advisory Committee member.

Steps to the Appeal Process

In the course of this investigation, the President, and any staff designated to be involved in the investigation, have the discretion to:
- a. consult with relevant staff, as well as students of CACC;
- b. request the student to meet with the Committee in person or via video conferencing to discuss the case.
The student may ask another person to assist them through the Grievance, Complaint, and Conflict Resolution Policy.
Process, the representative can be the primary negotiator if authorized by the student and may be able to represent the student in arriving at an amenable decision.
The student and/or the student representative will be advised of the outcome of the appeal within 10 (ten) days of receipt of the student’s written appeal. This response will make it clear whether, as a result of the findings from the investigation, it has been decided to:
- a. confirm the original decision; or
- b. vary the original decision, stating the details of the variance; or
- c. override the original decision with a new decision, stating the details of the recent decision.
This communication will include a copy of the College’s Grievance, Complaint, and Conflict Resolution Policy.
If the student is satisfied with the response at this stage, no further action is required.
Otherwise, the decision and recommendations made by the Appeal Committee will be the final, even if the student is dissatisfied with the response or the outcome.

Student option to complaint to Superintendent of Private Career Colleges & other Government Departments

Suppose a student is unsatisfied with Stage III – Formal Internal Appeal decision after working through the formal complaint review process. In that case, the student can ultimately file a complaint with the Superintendent of private career colleges, provided that:

The student is attending a program approved under the Private Career Colleges Act 2005; and
The nature of the complaint falls under the terms and conditions of CACC’s registration by the Superintendent as defined by the Act and its Regulations.

Complaints that do not fit this category can be filed with the relevant Ontario Government agency – e.g., the Ministry of Government and Consumer Services, the Ontario Human Rights Commission, or the Ontario Court of Justice.

Note:

Each conflict/complaint/grievance is unique, and it requires unique intervention; depending on the nature of the conflict/complaint/grievance, students may or may not continue in the program while an appeal is in progress.
The Admin Coordinator or the Campus Manager involved in Stages 1 and 2 cannot be nominated to be part of the appeal Committee.

In case of any disputes, updated printed copies of CACC policies will take precedence over the policies published on our website.

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