NC-294 - Harassment

The Appellant appealed the Respondent’s Decision dismissing her harassment complaint on the basis that the Alleged Harasser’s actions did not amount to harassment. The Appellant argues that the investigation was insufficient because key witnesses were not interviewed. She also argues that the decision-making process was procedurally unfair because the Respondent was biased. She further argues that the Respondent’s findings that the alleged incidents did not amount to harassment was clearly unreasonable. 

The ERC found that the Appellant omitted to raise her procedural fairness concerns about the sufficiency of the investigation and the Respondent’s impartiality at the earliest opportunity. She was therefore precluded from raising these arguments on appeal. It was further determined that the Appellant had not established that the Respondent’s findings that the alleged incidents did not amount to harassment were clearly unreasonable.

The ERC recommends that the appeal be dismissed.