Board Policies

1.0 Filing a Complaint

1.1 Who Can File a Complaint? 
Any Trustee who reasonably believes, in good faith, that another Trustee has violated the Board’s Code of Conduct has the right to file an official complaint. The complaint must clearly outline the violation, providing enough detail for the Board to understand the issue and determine appropriate action. 

1.2 When to File a Complaint 
A complaint should be filed as soon as possible after the alleged violation occurs, preferably within 30 days, unless extenuating circumstances can be demonstrated. This ensures that the issue can be dealt with in a timely manner. 

1.3 How to File a Complaint 
The process to file a complaint is as follows:

Step 1: Prepare the Complaint

- The complaint must be in writing.
- It must include your name (the complainant), the Trustee alleged to have violated the Code (the respondent), the section(s) of the Code that were violated and the details of the alleged behaviour or incident (including dates, times and any supporting evidence or witnesses).

Step 2: Submit the Complaint

- The complaint must be filed with the Board Chair.
- If the complaint involves the Board Chair, it must be filed with the Vice Chair.
- Ensure that you clearly mark the complaint as confidential.

1.4 Right to be Heard 
The respondent Trustee will be given a full opportunity to respond to the complaint and provide their side of the situation. Procedural fairness will be upheld throughout the process to ensure a fair resolution for all parties. 

1.5 Support Resources 
Trustees may consult with the Board Chair, Vice Chair or their own personal legal counsel (legal counsel is for the corporate board only, not for individual trustees) to seek guidance on filing complaints, understanding the process or preparing responses to complaints.

Legal representation for both the Corporate Board and the respondent Trustee (at Trustee expense) may be present during the hearing process at the Special Board meeting.

1.6 No Retaliation
Any act of retaliation or reprisal against a Trustee who files a complaint, or against any witness or person providing relevant information, is strictly prohibited. Any form of retaliation may lead to further sanctions under the Code of Conduct.

1.7 What Happens Next?
Once the complaint is filed, the Chair (or Vice Chair) will forward a copy of the complaint to the Trustee alleged to have violated the Code and to all other Trustees within five (5) days of receiving the complaint. A Special Meeting of the Board shall be called within ten (10) days of the complaint being forwarded.

2.0 Handling and Forwarding the Complaint

2.1 Initial Review by Chair/Vice Chair
After receiving the complaint, the Chair (or Vice Chair, if applicable) will review the complaint to ensure it contains all the necessary information, including the following:

- Names of the complainant and respondent.
- Clear reference to the section(s) of the Code of Conduct that were allegedly violated.
- Detailed description of the incident(s), with supporting evidence, if available.

If the complaint is incomplete, the complainant will be notified within five (5) days and given an additional five (5) days to provide the necessary information. If the complaint is found invalid, it will be dismissed and the complainant will be notified in writing.

2.2 Forwarding the Complaint to All Trustees
Once the Chair (or Vice Chair) has determined that the complaint is valid and complete, they will forward a copy of the complaint to all Trustees, including the Trustee alleged to have violated the Code, within five (5) days. The complaint shall be marked as strictly confidential when shared with Trustees.

3.0 Special Meeting and Confidentiality

3.1 Calling a Special Meeting
As soon as the complaint is forwarded to all Trustees, the Chair (or Vice Chair) shall call a Special Meeting of the Board to address the complaint. The Special Meeting should be scheduled as soon as possible, ensuring that all Trustees are available to attend.

3.2 Neutral Decision-Makers
To ensure impartiality and fairness, any Trustee who has a conflict of interest or personal bias with respect to the complaint shall recuse themselves from the deliberation and decision-making process. This ensures that the remaining Trustees can make a fair and objective decision.

3.3 Confidentiality Requirements
All parties involved, including the complainant, the respondent and the remaining Trustees, must treat the complaint with the highest degree of confidentiality. Public disclosure of the complaint, its content, or the resulting decision without the Board’s authorization will itself be deemed a violation of the Code of Conduct.

3.4 In Camera Hearing
The complaint will be heard in an In Camera session of the Special Meeting, in accordance with the procedures outlined in Appendix C: Code of Conduct Hearing.

4.0 Withdrawing a Complaint

4.1 Voluntary Withdrawal
At any time before the hearing takes place, the complainant has the right to voluntarily withdraw the complaint by notifying the Chair (or Vice Chair) in writing.

4.2 Withdrawal Due to Resolution
If the complaint is resolved informally between the parties, the complainant must also notify the Chair (or Vice Chair) in writing that the complaint is withdrawn.

5.0 Board Decision to Withdraw or Dismiss a Complaint

5.0 Board Discretion
The Board, at its discretion, may decide to dismiss or withdraw the complaint if it is found to be frivolous, vexatious, or lacking in sufficient evidence. The Board will review the complaint during the Special Meeting and the decision will be made by a majority vote of Trustees present and allowed to vote. In such cases, both the complainant and the respondent will be notified of the decision in writing.

6.0 Appeal Process for Dismissal of Complaint

6.1 Filing an Appeal
If the complainant believes that the Board’s decision to dismiss or withdraw the complaint was made in error or that it was not handled fairly, they have the right to file an appeal.

The appeal must be filed in writing and submitted to the Board Chair (or Vice Chair) within ten (10) days of receiving the written notice of the Board’s decision. The appeal must include:

- The reason(s) why the complainant believes the dismissal was incorrect.
- Any additional evidence or information that was not previously considered.

6.2 Board Review of Appeal
The Board will review the appeal during the next regular, or Special Meeting, whichever comes first, in a closed, In Camera session. The complainant may be asked to provide further clarification or evidence during this review process.

6.3 Final Decision
The Board’s decision on the appeal will be final. Both the complainant and the respondent will be notified of the Board’s final decision in writing. No further appeals will be permitted once the final decision has been made.

7.0 Appeal Process for Sanctions

7.1 Right to Appeal Sanctions
A Trustee who has been found to have violated the Code of Conduct and is subject to sanctions may appeal the severity or nature of the sanctions imposed by the Board.

7.2 Filing the Appeals of Sanctions
The Trustee must file the appeal in writing with the Board Chair (or Vice Chair) within ten (10) days of receiving the written notice of sanctions. The appeal must include:

- Specific reason(s) why the Trustee believes the sanctions are unjustified or disproportionate to the violation.
- Any additional evidence or mitigating circumstances that were not presented during the original hearing.

7.3 Sanctions Appeal Review
The Board will review the appeal of the sanctions at the next regular or Special Meeting. The Trustee appealing the sanctions may be asked to present additional evidence or information regarding the appeal.

7.4 Final Decision on Sanctions Appeal
The Board’s decision on the appeal of sanctions is final. Both the Trustee and the Board will receive written communication regarding the final decision. No further appeals will be allowed.