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

DEALING WITH DEALING WITH HARASSMENT AND ABUSEHARASSMENT AND ABUSECOMPLAINTSCOMPLAINTS

Lt (NL) James SmithLt (NL) James Smith

VANCOUVER ISLAND DIVISION


REFERENCES:

THE NAVY LEAGUE OF CANADA TRAINING MODULERECOGNIZING AND DEALING WITH HARASSMENT AND ABUSE

NL 8


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


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


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


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


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


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


AbuseIn 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


AbuseThe 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


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


Harassment Complaints

Harassment complaints can be broken down into the following:

Informal Complaint proceduresFormal Complaint procedures


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


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


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


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


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


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


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


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


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)


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



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



Complaints made in a malicious or vindictive manner shall result in disciplinary action, dismissal or legal action as may be appropriate in each circumstance



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


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


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


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


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


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


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 310-1234 (no area code required)


QUESTIONS?

Documents

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