Know Your Rights

Due Process and Procedural Fairness

The principles of due process and procedural fairness are essential to the integrity of an investigation, and to ensuring all parties are treated fairly. Due process means that steps must be taken before a Respondent is subject to restrictions or discipline as a result of a complaint. Procedural fairness means that each step must be done in fairness, transparency and impartiality to both the Complainant and the Respondent.

Know Your Rights

To advance the principles of due process and procedural fairness, the Investigations Office seeks to ensure all parties understand what they can expect and what they are entitled to in a fair investigation or alternative dispute resolution process.

Investigation

Both parties can expect the investigation to be conducted by an, impartial and trauma-informed investigator, who once appointed, will produce an Investigative Report within 60 days, subject to exceptional circumstances. All information obtained in the course of an investigation is confidential.

Complainants can expect:

  • To be informed that:
    • The Report has been referred to an investigator.
    • You have the right to an advocate, support person or union representative in meetings with the investigator.
    • There are resources available.
  • To be able to:
    • Meet with the investigator.
    • Submit questions to be asked of the Respondent or witnesses; however, discretion remains with the investigator in deciding whether to ask those questions.
    • Receive a copy of the Investigative Report.


Respondents can expect:

  • To receive a copy of the written Report, which should identify:
    • Of what you are being accused.
    • What policy and provision(s) you are said to have breached.
  • To be informed that:
    • The Report has been referred to an investigator.
    • You have the right to an advocate, support person or union representative in meetings with the investigator.
    • There are resources available.
  • To be able to:
    • Submit a written Response to the Report, including a list of potential witnesses, relevant documents and social media communication.
    • Meet with the investigator.
    • Submit questions to be asked of the Complainant or witnesses; however, discretion remains with the investigator in deciding whether to ask those questions.
    • To receive a copy of the Investigative Report.
  • To appeal any Discipline that is imposed through:
    • If a student Respondent: the UBC Vancouver Senate Student Appeals on Academic Discipline Committee, or the UBC Okanagan Senate Appeals of Standing and Discipline Committee.
    • If a staff or faculty Respondent: in accordance with their collective agreements or terms and conditions of employment.


Disclaimer: This page is intended to be a brief overview of due process, procedural fairness and your rights in an investigation or alternative dispute resolution process conducted as a result of a Report to the Investigations Office. It is not legal advice. For further information, please review Policy SC17: Sexual Misconduct or Policy SC7: Discrimination with an advocate, support person or union representative.