P-552

The Humber College of Applied Arts and Technology (the College) received a request pursuant to the Freedom of Information and Protection of Privacy Act (the Act) for access to records relating to an investigation conducted by the College with respect to a complaint of sexual harassment made by a named individual (the affected person) against the requester.

The College identified 28 individual records as being responsive to the request, granted access to some records and withheld the remaining, in whole or in part, pursuant to sections 13 and 21 of the Act. The requester appealed the denial of access.

During mediation the number of records at issue was reduced to ten, the College withdrew its claim for exemption under section 13 of the Act and claimed the application of section 49(b). It was not possible to completely resolve this appeal through mediation, therefore, notice that an inquiry was being conducted to review the decision of the College was sent to the College, the appellant and the affected person. Representations were received from the College and the affected person.

• FIPPA
• 2(1) personal information
• 21(2)(f)
• 21(2)(h)
• 21(3)(b)
• 49(b)

• compiled as part of an investigation
• Harassment Complaint Records
• highly sensitive
• supplied in confidence