Serious insight for serious situations.

Serious insight for serious situations.

#MeToo at two – Has anything changed?

A few weeks ago, I was part of a panel on TVO. The discussion centred on what had changed in the two years since the #Me Too Movement had begun. Much to my surprise, I seemed to be the sole voice on the panel who thought that the needle on the sexual harassment dial had moved at all.

At the risk of sounding like a Pollyanna, let me explain why I believe things have changed. I do so from the vantage point of someone who leads a large team of lawyers, lawyers who investigate complaints of sexual harassment across the country, in English and in French, and in every conceivable type of workplace.

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Starting an investigation when no one asked (or wanted) you to

You hear things.  A whisper here and there.  An overheard comment about a colleague crossing the line with another colleague.  Repeatedly.  Or maybe it’s more than a whisper.  Maybe it’s more of a resounding chorus.  And the voices are all offering alarmingly similar and compelling descriptions of a colleague engaging in a pattern of behaviour that – according to multiple reports – is decidedly unwelcome.  The information may even be set out in writing in a formal letter of complaint.  But the author of the letter has chosen to remain anonymous.

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Is everybody cheating? Best practices in addressing academic misconduct

It certainly seems that way. A recent annotated bibliography by the University of Calgary presents some pretty staggering data that suggests that academic dishonesty is “widespread amongst Canadian students and faculty.” The authors reviewed 68 studies on academic integrity performed in Canada up to and including 2017. The paper states that between half and 90% of students self-report academically dishonest behaviours.

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What happened on the bus – bad faith complainant or victim of sexual harassment and assault? (Part 1)

An employee complained that she had been sexually harassed by her male supervisor. The employer conducted an internal investigation and concluded that the sexual encounter had been consensual, and therefore sexual harassment had not occurred. The complainant was fired for making a bad faith complaint. An arbitrator came to the opposite conclusion. He found that the complainant had, in fact, been subjected to sexual harassment and sexual assault. He reinstated her job and ordered compensation for lost wages and benefits.

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The effect of an investigation on the respondent

Most workplace investigation decisions focus on the psychological harm to complainants suffered as a result of the alleged misconduct. We have written about this issue before – see our discussion of the importance of a trauma-informed approach for victims of sexual assault here.

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The dilemma of the anonymous complaint

While the promise of anonymity is often what gets complainants to come forward, once employers have that information, it can be difficult and sometimes impossible figuring out how to handle the complaint in a way that continues to protect anonymity. If the incidents described are specific enough and/or follow-up interviews identify the parties involved, the complainant is unlikely to remain anonymous for very long.

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