DEALING WITH HARASSMENT AND ABUSE COMPLAINTS Lt (NL) James Smith VANCOUVER ISLAND DIVISION

REFERENCES: THE NAVY LEAGUE OF CANADA TRAINING MODULE RECOGNIZING AND DEALING WITH HARASSMENT AND ABUSE NL 8

VANCOUVER ISLAND DIVISION Revelations A revelation occurs when an individual (child, witness or third party) communicates, verbally or non- verbally, that an incident of harassment or abuse may have occurred. You may also hear this referred to as a disclosure

VANCOUVER ISLAND DIVISION Revelations When a Cadet comes to you with a revelation: Stay calm Listen to them Let them know you believe them Reassure them that it is not his/her fault, and that he/she is not bad or did anything wrong

VANCOUVER ISLAND DIVISION Use language the child will understand Determine the child's immediate need for safety Explain, in age appropriate language, that if there are allegations of abuse, the law requires you to make a report to the child protection agency Revelations

VANCOUVER ISLAND DIVISION DO NOT suggest answers to the child DO NOT probe or press for answers the child is unwilling to give DO NOT display shock or disapproval DO NOT make promises to the cadet about how the situation will work out Revelations

VANCOUVER ISLAND DIVISION Assessment Any individual who receives a revelation must pass the revelation to the CO, who will quickly assess the incident and determine if the nature of the offensive behavior is harassment or child abuse

VANCOUVER ISLAND DIVISION Assessment Guidelines Actions by an adult against another adult will most likely be harassment Actions by a cadet against another cadet will most likely be harassment Actions by an adult, older youth or a youth in a position of authority against another cadet will most likely be abuse

VANCOUVER ISLAND DIVISION Abuse In cases where it is determined that Child abuse may have occurred, The CO must report the matter to the local Child Protection Agency (CPA) The CPA will determine with police assistance if the incident being reported constitutes a criminal act or not The CO will inform the Branch President/Division that a report has been made to the CPA and must ensure that the incident report has been completed

VANCOUVER ISLAND DIVISION Abuse The CO will take appropriate steps to separate the alleged offender from the victim and to protect the victim pending the intervention from the CPA The CO must ask the CPA what safety plan will be established with the victim and part the cadet unit will have to play, if any If the incident is to be determined to be a criminal incident of abuse, the CPA will contact the civilian police and the case will be handled by the criminal justice system

VANCOUVER ISLAND DIVISION Harassment In cases where it is determined that Harassment may have occurred, The CO must ensure: The incident report has been completed A safety plan is in place for the alleged victim/complainant The branch president/division is informed

VANCOUVER ISLAND DIVISION Harassment Complaints Harassment complaints can be broken down into the following: Informal Complaint procedures Formal Complaint procedures

VANCOUVER ISLAND DIVISION Informal Complaint Procedures An individual who believes they may have been harassed or who have witnessed harassment and wish to attempt to resolve the problem themselves can: Tell the person that the behavior is unwelcome and against the policy of the Navy League. Remain calm and professional, be direct and candid

VANCOUVER ISLAND DIVISION Keep a record of incidents: describe the nature of event(s), dates, times, possible witnesses and your response Ask a person in authority to assist you in communicating your concerns about the harassment to the other person involved in order to resolve the situation at an early stage in an informal manner Informal Complaint Procedures

VANCOUVER ISLAND DIVISION Formal Complaint Procedures The formal process of complaint may be pursued in the event that the informal process does not resolve the situation or that either party believes the formal process to be more appropriate

VANCOUVER ISLAND DIVISION Formal Complaint Procedures A written or verbal complaint should be addressed to a person in authority An investigation will be undertaken and all necessary steps taken to obtain all of the information required to ultimately resolve the matters such as questioning the parties concerned, reviewing documentation and interviewing witnesses

VANCOUVER ISLAND DIVISION Investigations Upon receipt of a formal complaint, Division Executive shall appoint an investigator to investigate the complaint as soon as possible but within the maximum of 21 days

VANCOUVER ISLAND DIVISION The investigator will proceed as follows: Investigations Review all policies, procedures and pertinent information They will obtain a written account of the alleged behavior including a thorough description of the event(s) with any supporting material such as a record of facts

VANCOUVER ISLAND DIVISION They will interview the complainant and alleged harasser as well as any individuals who may supply relevant information Investigations The individual named in the complaint and persons not named in the complaint who may have personal knowledge about the incident have the right to have a representative of their choice present during any meeting with the investigator

VANCOUVER ISLAND DIVISION The investigator should have completed the investigation and have the report prepared within 30 working days from the day after the receipt of the formal complaint Investigations

VANCOUVER ISLAND DIVISION Findings and recommendations Once the investigation is complete the investigator will: Prepare a written report summarizing what facts are agreed upon and what facts parties contest Document all steps taken from the initiation of the complaint to its resolution (if there is one)

VANCOUVER ISLAND DIVISION Determine whether or not harassment occurred. If the investigation fails to find evidence to support the complaint, no further action will be taken and the case will be closed Findings and recommendations

VANCOUVER ISLAND DIVISION If the investigation reveals evidence to support the complaint of harassment, the division executive committee will review the report of the investigation. They will decide the most appropriate disciplinary action to be taken in consultation with those involved. This action may include verbal or written warnings, suspension or termination of employment or membership in the league Findings and recommendations

VANCOUVER ISLAND DIVISION Complaints made in a malicious or vindictive manner shall result in disciplinary action, dismissal or legal action as may be appropriate in each circumstance Findings and recommendations

VANCOUVER ISLAND DIVISION Appeal Mechanisms Following a decision resulting from a formal complaint, and the complainant and/or the respondent are not satisfied, either may appeal the decision to a committee established by the national executive committee

VANCOUVER ISLAND DIVISION Grounds for appeal are: Appeals The procedures laid out in the manual were not followed The investigator or CO, Branch President were influenced by bias The decision reached could not be supported by the evidence, or was grossly unfair or unreasonable

VANCOUVER ISLAND DIVISION Committee members must not have been involved in the investigation process or in any decisions of the sanctioning authority. Otherwise they will be considered to be in a conflict of interest and must remove themselves from the appeal committee Appeals

VANCOUVER ISLAND DIVISION Appeals A notice of the appeal including grounds for the appeal must be provided to the National Office within 21 days of the complainant/respondent receiving the decision from the formal investigation The appeal committee will normally be formed within 21 days of receipt of the notice of appeal

VANCOUVER ISLAND DIVISION Appeals The National Executive Committee will form a committee of three members for the purpose of determining if the initial decision is appropriate The appeal committee will base its decision on a review of the documentation surrounding the complaint, including the complainant’s and respondent’s statements, the report of the official record, the report of the investigator and/or the report of the responsible authorities and the notice of appeal

VANCOUVER ISLAND DIVISION Appeals In making a decision, the appeal committee will have the authority to uphold the decision, reverse the original decision, and or to modify any of the recommendations for disciplinary action or remedial measures The decision of the appeal committee will be final and binding, and not open to any further redress within internal Navy League channels

VANCOUVER ISLAND DIVISION The Helpline operates 24 hours a day There’s no charge for the call If you Suspect Abuse is Taking Place Call the Helpline for Children Dial (no area code required)

VANCOUVER ISLAND DIVISION QUESTIONS?