Decisions of the Complaints Director or Hearing Tribunal may be appealed by either invested party.

Dismissed Complaint

A complainant may appeal of a decision by the Complaints Director to dismiss a complaint by applying to the Hearings Director within 30 days of being notified of the Complaint Director's decision. The Hearings Director subsequently convenes a Complaint Review Committee (CRC) to consider the appeal.  The CRC, which is supported by independent legal counsel, is composed of both MLTs and members of the public who have received training on the legislative process and trauma-informed practice.

A CRC, once considering all the original decision and any submissions made throughout this appeal process, must do one of the following:

• Refer the matter to a hearing
• Refer the matter back to the Complaints Director for further investigation and report back to the CRC for further decision
• Uphold the dismissal

A decision of the CRC is given to both the complainant and MLT involved.

Hearing

The complainant or Complaints Director, on behalf of the College, may appeal the decision of the Hearing Tribunal by applying to the Hearings Director within 30 days of the MLT being notified of the decision. This appeal is conducted by Council, or a panel of Council representatives of the MLT/public member ratio on Council.

While waiting for the appeal to be considered, the orders of the Hearing Tribunal remain in effect until such time that a stay is granted. The MLT may apply for a stay of the decision pending the appeal. Any decision of the Council, or panel thereof, remains in effect pending an appeal to the Court of Appeal unless the Court of Appeal, on application, stays the decision pending the appeal.

For more information

For further information on the appeal process, please contact the College’s Hearing Director at hearingsdirector@cmlta.org.