Investigations Archives - Page 3 of 9

Investigations involving white fragility

December 19, 2022 | By Chantel Levy

If you are an investigator like me, you may have noticed the term “white fragility” has emerged in some of your cases, especially when the investigation involves claims of race-based harassment and/or discrimination. This may be as part of a complainant’s allegation, as in the respondent engaged in “white fragility,” or as part of a respondent’s response, as in “this is not a case of ‘white fragility’.” The concept has sparked much debate, as not everyone agrees with it.

Ontario to regulate campus employee-student sexual misconduct with Bill 26

December 14, 2022

On October 27, 2022, the Ontario government announced Bill 26, Strengthening Post-secondary Institutions and Students Act, 2022 (“Bill 26”). Beyond finalizing the legal name change of the former Ryerson University to the now Toronto Metropolitan University, Bill 26 proposes new rules on how Ontario post-secondary institutions (“PSI” or “PSIs”)…

Workplace bullying deconstructed

December 6, 2022 | By Heather Shields

As lawyers who conduct both workplace investigations and workplace assessments, we often hear from employees who have been the target of workplace bullying.

Trauma-informed approach to discrimination investigations

November 23, 2022 | By Dana J. Campbell-Stevens

In the world of workplace investigations, we often hear of adopting a trauma-informed approach in sexual harassment cases. We especially heard this during the #MeToo movement, and, indeed, it was necessary.

A workplace investigator’s thoughts and takeaways on a recent NBA investigation

October 11, 2022

If you’re a fan of the NBA (“the League”), as I am, you may have heard about two high profile stories that sprang up during the off-season. In the Western Conference, Robert Sarver, the owner of the Phoenix Suns , was suspended for one year and fined $10 million, following a large investigation into allegations of racism, misogyny, and bullying in the workplace (the details of which I will briefly get into later).

One-party workplace investigations: What to do when a party won’t participate

August 23, 2022 | By Liliane Gingras

An investigation usually involves a complainant and a respondent. The basic premise is that as workplace investigators, we hear what each party has to say, collect other relevant evidence, and then weigh the evidence to decide whether, on a balance of probabilities, the allegations are substantiated.

Adjudication skills that have served me well as an investigator

August 16, 2022

I have been an adjudicator for four different administrative tribunals over the course of more than 20 years. This experience has served me well since I have found that many adjudicative skills are transferable to investigations.

Serious insight for serious situations.