Dispute Resolution Policy and Procedures

The purpose of this policy is to govern all aspects of student and staff dispute resolution, including all legal claims that the complainant may have against the college, up to and including dismissal. This includes any claims of discrimination based upon race, color, sex, disability, religion, national origin, age or any other protected attribute, or any claims arising under any federal, provincial, local law or any common law.

Q College is committed to prompt and fair resolution of all disputes of any nature that may arise in the college. This dispute resolution procedure is a condition of enrolment and or employment with Q College.

Procedure – Steps to follow:

1. The complainant should promptly discuss any problems or concerns that are related to their work in any way with their Instructor. If the immediate Instructor is the cause of the problem or if the complainant feels uncomfortable discussing the matter with the Instructor, issues may be raised initially with Administration. The complaints form is available at the office and must be filled out and submitted to the Administrator within three business days of the incident. All complaint forms will be filed in the individual students file and a copy will also be put in the complaints binder.
    
2. Whenever issues are raised, both parties will make a good faith effort to resolve the matter by openly discussing the matter and attempting to reach a resolution. If a resolution is not achieved, the issue may be referred to: Administration, Senior Educational Administrator (SEA) and/or the President, who will conduct such investigation as they deem appropriate and meet with the complainant in a sincere effort to discuss, analyze, and resolve the matter. If a mutual resolution is not reached, the President may issue a determination on the issue that shall be final unless the student invokes mediation under this procedure.
    
3. If the complainant is dissatisfied with the President’s decision and the claim involves a material aspect of the complainant or an allegation of violation of any law, the complainant can request that the matter be submitted to mediation. The parties shall jointly designate a mediator, or if the parties cannot agree, the President can request that a mediator be designated from any one of three or more certified mediation organizations located in the Greater Victoria area of the college, that the complainant designates. The cost of the mediation shall be borne equally by Q College and the complainant, unless the parties agree otherwise. Q College and the student are obligated to make a good faith effort to resolve the issue through mediation.
    
4. If the matter is not resolved in mediation, either party may request that the matter be referred to arbitration by making a written request of the other party within three business days of the conclusion of mediation. If the parties do not mutually designate an arbitrator, one will be selected under the rules and regulations of the Alternative Dispute Resolution Institute of Canada for the arbitration of complainant disputes. Upon the complainant’s request, an arbitration hearing will be held under the National Arbitration Rules. The decision of the Arbitrator will be final and binding upon both parties. Judgment upon the arbitration award may be entered in by any court having jurisdiction. The cost of the arbitration will be borne equally by the parties, unless otherwise directed by the arbitrator in the award.