Rotary International District 5550 Manual of Policy and Procedure

Club 1361 District 5550 The Rotary Club of Winnipeg

Harassment Policy and Procedures

Approval Date February 21, 2005

DEFINITIONS

Club means Club 1361, the Rotary Club of Winnipeg.

Boardmeans the Board of Directors of the Rotary Club of Winnipeg.

Complaint means an allegation of harassment within the framework of this policy.

Complaint Procedure means a complaint that had been referred to the complaint resolution protocol as contained within this policy.

District Governor means the District Governor of Rotary District 5550.

Legislationmeans Acts duly passed by the Parliament of Canada and/or the Legislative Assembly of the Province of Manitoba.

President means the duly elected President of the Rotary Club of Winnipeg.

Rotarian means a Member of the Rotary Club of Winnipeg.

Rotary means Rotary International

Rotary activity means activity approved by the Board of Directors.

Rotary volunteer means a non-member of the Rotary Club of Winnipeg, who volunteers to be involved in Rotary activity,

Preamble

Whereas the volunteer work Rotarians do with young people, the elderly and people with disabilities, is vital to the quality of life in our community and to the good reputation of Rotary and Rotarians. Rotary clubs do everything possible to protect the interests of everyone involved in our clubs, in our projects and in our events. Any incident of harassment by member(s) of a Rotary club in the context of Rotary activity has the potential to cause serious damage to individuals and that reputation. To that end, therefore;

We, the Rotary Club of Winnipeg, member Rotarians, and Rotary volunteers, are responsible for protecting the safety and security of everyone we encounter in the provision of service to our community. We have a special obligation to individuals with greater vulnerability due to age, physical or other limitations.

Rotarians are obliged to intervene if we become aware of information about the harassment of a person through his/her involvement with a Rotary Club activity even when harassment disclosed may have occurred in the school or other non-Rotary environment.

Rotarians are obliged to prevent the bullying of a person by other persons whenever it is observed or disclosed.

Rotarians should discourage disparaging comment or behaviour targeted at gender, age, race, colour, ethnic or national origin, religion, occupation, physical or emotional condition, family status, or sexual orientation.

Rotarians are obliged to take appropriate action when they observe other Rotarians or volunteers behave in ways that conflict with the values embraced by our Club and District policies

Rotarians are obliged under legislation to report sexual abuse of children to the police.

Definition of Harassment

Harassment is any conduct by an individual that is directed at, and offensive to, another person or persons and which the individual knew, or ought reasonably to know, would cause offence or harm. It comprises:

Any objectionable act, comment or display that belittles, demeans or causes personal humiliation or embarrassment or any act of intimidation or threat.

Conduct involving the proper exercise of responsibilities or authority related to the provision of advice, counsel, discipline and other supervisory/leadership functions does not constitute harassment.

Harassment may include, but is not limited to:

Suggestive or other unwelcome remarks including sexual remarks, jokes, innuendos, gestures about a person’s body or sexual activity
Demeaning remarks, jokes, and innuendos about race, religion, age, national origin, marital status, color, handicap, or gender.
Inappropriate touching, patting, leering or pinching.
Use of written material of racist, derogatory, offensive, or pornographic nature.
Demands accompanied by implied or overt threats concerning one’s membership or participation in any activity in Rotary.

Minors and vulnerable persons

Harassment may involve sexual abuse under the various legislative Acts that guarantee the welfare of children involved in activities sponsored by the Rotary Club of Winnipeg. Any behaviour described above, if directed against a young or vulnerable person, will be considered as harassment and will be acted upon in accordance with the policy described herein. Sexual abuse of minors is required by legislation to be reported to the Police.

Policy

Rotarians, Exchange Students and any other persons associated with Rotary, have the right to be free of harassment under the Human Rights Acts of Canada and of the Province of Manitoba.

Every Rotarian in Club 1361 has the obligation, when aware of harassment, to report all such situations to an appropriate person in authority in Club 1361 and, in the case of criminal harassment, to the Police authorities.

Rotarians shall make every effort to ensure that no person associated with Rotary is subjected to harassment of any kind.

All persons eighteen years of age or older in a home hosting a Rotary Exchange Student are required to have a “Criminal Record Check” obtained from the local Police Service which must be kept on file.

All persons eighteen years of age or older in a home hosting a Rotary Exchange Student are required to have a Child Abuse Registry check confirming that none of the residents in the home are listed on the Child Abuse Registry. This record check confirmation must be kept on file.

Physical assault, battery, and threats including, but not limited to, threats of assault, sexual impropriety, or sexual favours, with respect to minors, are criminal offenses. These must be reported to the Police.

Club 1361 shall take appropriate administrative or disciplinary action against any Rotarian or person under Club authority who is the subject of a founded harassment complaint.

Complaints of harassment shall be brought to the attention of the Club President, unless the President is the Respondent, in which case the complaint shall be brought to the attention of the District Governor.

The President shall not disclose the name of the Complainant or the circumstances of the complaint to anyone other than the Respondent, when the complaint is received, unless disclosure is an issue for the purposes of investigation or resolution of the complaint.

Rights and Responsibilities

Complainant

Rights: The Complainant has the right, under the principle of natural justice:

To be treated fairly;
To submit a complaint and have it reviewed in a prompt, sensitive manner, without fear of embarrassment or reprisal;
To be given due counseling and provided with needed assistance;
To obtain information about the review of the complaint, subject to the Privacy Act
To be informed about any corrective, disciplinary or administrative measures implemented as the result of a founded complaint.
To appeal the decision aimed to resolve the complaint.
Where possible and appropriate, to request that the perceived respondent cease the offending behaviour.

Responsibilities: The Complainant also has the responsibility,

To clearly state the allegations of the complaint, providing sufficient detail to facilitate assessment and resolution and to do so in writing if requested
To participate in a co-operative manner in the resolution process
To use discretion in discussing the complaint with others.

Respondent

Rights: The Respondent has the right, under the principle of natural justice:

To be treated fairly
To be notified promptly that a complaint has been made against them
To be informed of the allegations. In the case of a formal complaint, the details will be provided in writing
To respond to the allegations
To be given due counseling and provided with needed assistance.
To obtain information about the complaint, subject to the Privacy Act
That documentation related to the complaint shall be sealed if the complaint is not founded or after the matter has been dealt with,
To appeal the decision aimed to resolve the complaint.

Responsibilities: The Respondent has the responsibility:

To cease immediately any behaviour subject of a complaint when requested to do so
To promptly and clearly respond to allegations of a complaint, providing sufficient detail to facilitate assessment and resolution, and to do so in writing if requested
To participate in a co-operative manner in the resolution process
To use discretion in discussing the complaint with others.

CLUB 1361 PROTOCAL FOR DEAILING WITH INCIDENTS OF ALLEGED HARASSMENT

Procedure

Points of Emphasis

The Club President, with the approval of the Board, shall appoint a male and female qualified persons as Co-Harassment Officers, for a one-year renewable term beginning with the appointment of the first Harassment Officers, to investigate any complaint of harassment.

/ The Club President or designate should not investigate the incident as he/she will have to make the final decisions about the outcome.

If the Respondent is the Club President, the matter shall be turned over to District 5550 Governor

/ The allegation may prove unfounded but the Complainant must be reasonably sure that the investigation has been unbiased.

The Harassment Officer(s) shall meet with the Complainant and obtain as much information as possible before meeting with the Respondent. Care shall be taken to be supportive of the Complainant without showing any bias.

/ It is critical that all investigations are conducted in accordance with the Rules of Natural Justice. The complainant should have his/her rights and responsibilities explained. The Complainant should put his/her statement in writing or sign the Harassment Officer(s) notes on completion. Ensure dates, times and names are accurate.

The Harassment Officer(s) shall meet with the Respondent, disclosing the particulars of the complaint and receive a statement from the Respondent. Care should be taken to avoid characterizing the Respondent as guilty at this point.

/ It is critical to meet in a private area away from others. The Respondent should have his/her rights and responsibilities explained. The Respondent should put his/her statement in writing or sign the Harassment Officer(s) notes on completion. Ensure dates, times and names are accurate.

The Harassment Officer(s)and other District and Club Officials shall be mindful of the rights and responsibilities of the Complainant and the Respondent.

/ Until shown otherwise, a ‘complaint’ is an ‘allegation’. Neither person involved should be characterized as the ‘victim’ or the ‘harasser’. The activity or behaviour that gave rise to the complaint should be referred to as the ‘allegation(s)’ until proven otherwise.

The Harassment Officer(s)shall meet with all witnesses named by the Complainant and Respondent and with any others who appear to be involved in the complaint.

/ Make sure all witnesses are interviewed, including those named by the Complainant and Respondent and any others that may appear to have knowledge about the incident or behaviour in question. The investigation should be fair, comprehensive and documented.

If at any time it appears that the behaviour complained about is of an indictable nature, or may involve child abuse, the appropriate law authority shall be advised immediately by the Harassment Officer(s).

/ It is important to involve the Police or Family Services early in the process so as to avoid the loss of evidence and comply with the Legislation. Rotary should never be seen as impeding justice in any way.

Once the Harassment Officer(s) has completed the investigation, the findings (with the statements of unidentified witnesses) shall be delivered to the Complainant and the Respondent who shall be given seven days to respond in writing.

/ The Complainant and the Respondent have a right to review the findings prior to any decision being made by those in authority.

On receipt of the responses (if any) the Harassment Officer(s) shall deliver his/her/their finding to a Panel (normally consisting of two or more past Presidents) selected by the Club President or designate, which provide the options for resolutions to the conflict.

1. An apology, verbal or written.

Face to face mediation.
Formal hearing by a panel to consist of President, one Rotarian chosen by the complainant and one Rotarian chosen by the Respondent.

/ The Harassment Officer(s) shall make a full disclosure of his/her/their findings to the Panel and provide any details needed to formulate a resolution process. There must be consistent procedures in place, which facilitate and expedite complaint and its resolution.

The Club President or designate shall ensure the resolution process is implemented in a timely and sensitive manner.

/ There are many possible outcomes:

The allegation is unfounded
Dismissal from Rotary
Sending a student home
Legal action

The Complainant and/or the Respondent shall be informed in writing of the decision made by the Panel. The Complainant and/or the Respondent shall have the right to appeal the decision of the Panel to the District Governor by responding in writing within seven days.

/ At any point in the process any one of the participants may seek the advice of legal counsel. The cost of legal advice for the Panel and that of any minor involved in the proceedings shall be borne by the Club.

Remember:

Investigate thoroughly. Take your time. Educate yourself in the Principles of Natural Justice. Do not form opinions or jump to conclusions until the investigation is complete and the documentation is reviewed. There are times when allegations of harassment cannot be proved. Keep an open mind.