Anti-Harassment Policy and Procedure [2020]
The Niagara Centre Provincial NDP recognizes and affirms the Ontario NDP Anti-Harassment Policy available on 4 September 2018 at
https://www.ontariondp.ca/sites/default/files/ontario_ndp_anti-harassment_policy.pdf and adopts the policies therein with the following modifications regarding procedures, which shall not limit the above Party Policy, but provide for local resolution of harassment complaints received by the Riding Association.
1. A committee of three members of the riding association in good standing, consisting of the president, vice president and a member of the Executive, such that at least one member of the committee identifies as a woman, will appoint Anti-Harassment Officers as needed. [2020]
2. The Anti-Harassment Officer will:
a. Advise parties of the process and legal parameters;
b. Facilitate communication between parties with a view to resolving conflict;
c. Ensure the process is followed within the prescribed time frame;
d. Arrange for investigation or expertise, as required;
e. Coordinate follow up actions;
f. Maintain original copies of all documentation pertaining to the resolution of differences;
g. Educate employees and volunteers on the application of this policy.
3. The Anti-Harassment Officer may:
Independent of the Executive save for financial authorization, appoint, as required, an impartial, neutral party or parties as Investigator to address allegations and facilitate redress. Any concerns by either party about the Investigator’s competence or judgement (concern about bias) may be raised for consideration with the Anti-Harassment Officer or a member of the Executive. The Executive will consider the concerns and may appoint a different Investigator or different Investigators. If the concern is with the Anti-Harassment Officer, the complainant may, at their option, ask the Executive to have an alternative appointee fulfill the role contemplated in these procedures. All of the other provisions of these procedures shall remain in effect.
a. Determine the parties’ needs and understand what they want to get out of the process;
b. Investigate in a timely and discreet manner;
c. Inform all parties of their rights and responsibilities;
d. Secure all complaints and responses in writing, with dates, names, witnesses, full descriptions of the incident(s) and any additional relevant documentation;
e. Interview the parties involved and any witnesses to the behaviour, if necessary;
f. Notify any individual interviewed of their right to be accompanied by the representative or support person of their choice;
g. Keep the parties to the complaint informed during the process, including providing the alleged harasser with full particulars of the allegations and a copy of the written complaint;
h. Inform an individual accused of discrimination, harassment or sexual violence that they are entitled to respond to the complaint and may wish to offer their perspective regarding the allegations and/or present a proposal for resolution; and
i. Prepare a written report for the Executive outlining the allegations of the complainant, the response of the alleged harasser, the evidence of any witnesses, and the conclusion reached.
5. The President shall keep a confidential record of the number of complaints filed, the nature of these complaints, the outcome of the investigation and the type of corrective action taken.
Process
Situations where there has been an accusation of harassment are extremely sensitive and often complex. At all times, the emotional and physical safety of the complainant is paramount, and this may involve taking steps that are not outlined herein. In general, however, the following process should be taken: Complaint Received > Mediate in limited circumstances &/or Investigate > the Riding Association will endeavour to take action in as timely a manner as is possible. The duration may vary depending on the complexity of the case and may require extensions.
Complaint: To make an official complaint, a complainant should advise their supervisor/ manager or the Operations Director or Whip. Any individual who receives any complaint against an employee, member or volunteer must refer it to the Operations Director or Whip.
From here, there are three (3) possible actions:
a. No Action: There are no findings of discrimination, harassment or sexual violence.
b. Resolve: In certain situations, the complainant may request to have the complaint resolved informally with the assistance of the Anti- Harassment Officer.
c. Refer: If the complaint represents moderate or severe harassment or if the incident involves an abuse of power, then the complaint is referred to mediation/ investigation or, in potentially criminal circumstances, the police.
Mediate: The alleged harasser will be advised of the complaint, if this has not already happened. A mediator will be chosen by the Ant-Harassment Officer, and confirmed provided the parties to the complaint agree. In the case where there is no agreement, alternative names will be considered. Mediation takes place and the situation is resolved to the satisfaction of both parties. A written report on the final status of the mediation is provided to the Executive. If no agreement for either a name or process is secured, then the case is referred to investigation.
Investigate: Where, for whatever reason, the complaint remains unresolved, then the Anti-Harassment Officer chooses an Investigator. The Investigator will conduct a thorough and unbiased investigation and provide a written report of the complaint being filed, including recommendations for action, to the Executive. They will confer with one another, and others as required, and the Executive will make a decision as to the appropriate action within a reasonable time of receiving the Investigator’s report.
Action
When considering the appropriate action, the Executive will consider the evidence, the nature of the harassment or violence, whether physical contact was involved, whether the situation was isolated, and whether there was an abuse of power.
Actions may include:
a. Verbal or written apologies;
b. A letter of reprimand or suspension;
c. A referral to counseling;
d. Sensitivity training;
e. Demotion or transfer;
f. Suspension without pay or temporary suspension of volunteer position;
g. Termination of employment, volunteer activity and/or membership;
h. Resignation or withdrawal/removal from Riding Association;
i. Withdrawal of support for candidacy;
j. Referral to police or other legal authorities;
k. Other sanctions; and/or
l. Counselling and/or training may be recommended instead of, or in addition to, disciplinary action.
Appeal
Either the complainant or alleged harasser may, within thirty (30) days of being notified of the action, submit any concern, in writing, to the Party.
Monitoring
Once a resolution of the complaint has occurred, the Anti-Harassment Officer will ensure appropriate follow up to ensure the successful application of the resolution. If, during the resolution implementation process there is insufficient change in behaviour, the principles of progressive discipline will be applied.
Conflict of Interest
Those involved in the resolution of a complaint of harassment will be objective and free of real or perceived conflict of interest. Members of the Executive with a real or perceived conflict of interest are required to recuse themselves from the process.
Responsibility
The President will ensure that this policy is posted in every campaign office for the reference of all volunteers and staff, and will ensure that each volunteer and staff member is made aware of the existence of the policy. [2020]
The Niagara Centre Provincial NDP recognizes and affirms the Ontario NDP Anti-Harassment Policy available on 4 September 2018 at
https://www.ontariondp.ca/sites/default/files/ontario_ndp_anti-harassment_policy.pdf and adopts the policies therein with the following modifications regarding procedures, which shall not limit the above Party Policy, but provide for local resolution of harassment complaints received by the Riding Association.
1. A committee of three members of the riding association in good standing, consisting of the president, vice president and a member of the Executive, such that at least one member of the committee identifies as a woman, will appoint Anti-Harassment Officers as needed. [2020]
2. The Anti-Harassment Officer will:
a. Advise parties of the process and legal parameters;
b. Facilitate communication between parties with a view to resolving conflict;
c. Ensure the process is followed within the prescribed time frame;
d. Arrange for investigation or expertise, as required;
e. Coordinate follow up actions;
f. Maintain original copies of all documentation pertaining to the resolution of differences;
g. Educate employees and volunteers on the application of this policy.
3. The Anti-Harassment Officer may:
Independent of the Executive save for financial authorization, appoint, as required, an impartial, neutral party or parties as Investigator to address allegations and facilitate redress. Any concerns by either party about the Investigator’s competence or judgement (concern about bias) may be raised for consideration with the Anti-Harassment Officer or a member of the Executive. The Executive will consider the concerns and may appoint a different Investigator or different Investigators. If the concern is with the Anti-Harassment Officer, the complainant may, at their option, ask the Executive to have an alternative appointee fulfill the role contemplated in these procedures. All of the other provisions of these procedures shall remain in effect.
a. Determine the parties’ needs and understand what they want to get out of the process;
b. Investigate in a timely and discreet manner;
c. Inform all parties of their rights and responsibilities;
d. Secure all complaints and responses in writing, with dates, names, witnesses, full descriptions of the incident(s) and any additional relevant documentation;
e. Interview the parties involved and any witnesses to the behaviour, if necessary;
f. Notify any individual interviewed of their right to be accompanied by the representative or support person of their choice;
g. Keep the parties to the complaint informed during the process, including providing the alleged harasser with full particulars of the allegations and a copy of the written complaint;
h. Inform an individual accused of discrimination, harassment or sexual violence that they are entitled to respond to the complaint and may wish to offer their perspective regarding the allegations and/or present a proposal for resolution; and
i. Prepare a written report for the Executive outlining the allegations of the complainant, the response of the alleged harasser, the evidence of any witnesses, and the conclusion reached.
5. The President shall keep a confidential record of the number of complaints filed, the nature of these complaints, the outcome of the investigation and the type of corrective action taken.
Process
Situations where there has been an accusation of harassment are extremely sensitive and often complex. At all times, the emotional and physical safety of the complainant is paramount, and this may involve taking steps that are not outlined herein. In general, however, the following process should be taken: Complaint Received > Mediate in limited circumstances &/or Investigate > the Riding Association will endeavour to take action in as timely a manner as is possible. The duration may vary depending on the complexity of the case and may require extensions.
Complaint: To make an official complaint, a complainant should advise their supervisor/ manager or the Operations Director or Whip. Any individual who receives any complaint against an employee, member or volunteer must refer it to the Operations Director or Whip.
From here, there are three (3) possible actions:
a. No Action: There are no findings of discrimination, harassment or sexual violence.
b. Resolve: In certain situations, the complainant may request to have the complaint resolved informally with the assistance of the Anti- Harassment Officer.
c. Refer: If the complaint represents moderate or severe harassment or if the incident involves an abuse of power, then the complaint is referred to mediation/ investigation or, in potentially criminal circumstances, the police.
Mediate: The alleged harasser will be advised of the complaint, if this has not already happened. A mediator will be chosen by the Ant-Harassment Officer, and confirmed provided the parties to the complaint agree. In the case where there is no agreement, alternative names will be considered. Mediation takes place and the situation is resolved to the satisfaction of both parties. A written report on the final status of the mediation is provided to the Executive. If no agreement for either a name or process is secured, then the case is referred to investigation.
Investigate: Where, for whatever reason, the complaint remains unresolved, then the Anti-Harassment Officer chooses an Investigator. The Investigator will conduct a thorough and unbiased investigation and provide a written report of the complaint being filed, including recommendations for action, to the Executive. They will confer with one another, and others as required, and the Executive will make a decision as to the appropriate action within a reasonable time of receiving the Investigator’s report.
Action
When considering the appropriate action, the Executive will consider the evidence, the nature of the harassment or violence, whether physical contact was involved, whether the situation was isolated, and whether there was an abuse of power.
Actions may include:
a. Verbal or written apologies;
b. A letter of reprimand or suspension;
c. A referral to counseling;
d. Sensitivity training;
e. Demotion or transfer;
f. Suspension without pay or temporary suspension of volunteer position;
g. Termination of employment, volunteer activity and/or membership;
h. Resignation or withdrawal/removal from Riding Association;
i. Withdrawal of support for candidacy;
j. Referral to police or other legal authorities;
k. Other sanctions; and/or
l. Counselling and/or training may be recommended instead of, or in addition to, disciplinary action.
Appeal
Either the complainant or alleged harasser may, within thirty (30) days of being notified of the action, submit any concern, in writing, to the Party.
Monitoring
Once a resolution of the complaint has occurred, the Anti-Harassment Officer will ensure appropriate follow up to ensure the successful application of the resolution. If, during the resolution implementation process there is insufficient change in behaviour, the principles of progressive discipline will be applied.
Conflict of Interest
Those involved in the resolution of a complaint of harassment will be objective and free of real or perceived conflict of interest. Members of the Executive with a real or perceived conflict of interest are required to recuse themselves from the process.
Responsibility
The President will ensure that this policy is posted in every campaign office for the reference of all volunteers and staff, and will ensure that each volunteer and staff member is made aware of the existence of the policy. [2020]
