I had to get water to clear my throat.
The essence of ADR is to offer an empowering approach to conflict resolution. In the context of sexual harassment, this principle is key because of the importance to victims of being able to exercise a degree of autonomy in the complaint process. For this reason, victims need to retain some control over the process and should, without pressure to settle, be offered ADR only as one possible course of action.
There are a few other problems related to this process:
Even where sexual harassment complaints were ultimately held to be well-founded and remedial measures were imposed, the sanctions were often perceived by interviewees as a “slap on the wrist” and meaningless—for example being required to complete an on-line training course—and inconsistent. At the same time, as previously discussed, complainants may experience a number of negative repercussions as the result of pursuing a complaint, including impediments to career progression, stigma, and becoming socially ostracized. The dichotomy of outcomes for the victim and harasser reinforces the view of many members, discussed above, that CAF does not take sexual harassment complaints seriously.
The ERA also heard frequently from interviewees that an unintended consequence of the posting system is that harassment complaints are not dealt with in a timely fashion by the departing CO, and are left for the incoming CO to deal with when he or she is new to a unit, and least capable of effectively resolving the matter. The fact that the cost of the harassment investigation is borne by the unit also appears to be a disincentive to ordering an investigation.
Overall, the ERA found that the complexity of policies and procedures related to sexual harassment diminishes the relative value of each one. In addition, the policies are, at times, inconsistent and inefficient. Reporting is not encouraged and the higher leadership is protected from information about what is occurring on the ground. In fact, the CDS’s instructions to COs indicate that ROs are unlikely to even hear about a harassment incident unless and until a written complaint is filed. Ultimately, many of those who used the formal complaint process were left scarred. One interviewee described the experience as “atrocious”, and a number stated that they would not do it again.
Just to sum up here, I'll add one more point on the collection of data:
Finally, the ERA found that data with respect to harassment complaints, investigations, and outcomes are not recorded in a systematic way. Although several members indicated that it would be possible to simply enter data with respect to sexual harassment complaints in logs already in use, this is not currently taking place. The Harassment Complaint Tracking System appears unreliable for many reasons, including the lack of clear instructions as to how and when to file reports, confusion over coding systems, and the absence of any sanction where members simply fail to use the tracking system. The Significant Incident Report (SIR) system appears to be more widely used but, as its name indicates, only tracks the most serious incidents. Further, the ERA was warned about the unreliability of the Canadian Forces Health Information System (CFHIS).
The end result is a general absence of any means of assessing the frequency of reported incidents or how these incidents were dealt with—including whether investigations were carried out, the length of time between when a complaint was lodged and any resolution achieved, and the nature of the ultimate sanction, if any. This makes it impossible for the CAF to measure the overall accountability of the chain of command in responding to harassment complaints. This lack of accountability allows those in command to minimize or ignore complaints if they choose, and those who breach the policies on sexual harassment to do so with impunity.
There are a number of serious problems with the investigation process, so what are the avenues for improvement to those? Some of them are:
Overall, the ERA found that the harassment complaint process is overly complex, emphasizes informal resolution to the detriment of victims, and impedes the CAF from fully confronting and resolving incidents of sexual harassment. As such, three important steps should be taken to improve the harassment complaint process.
First, as previously discussed, complainants should be able to report complaints of sexual harassment to the CASAH, acting as an independent authority outside of the CAF, and should have control over whether the complaint triggers a formal complaint process, including a possible investigation. If a victim chooses not to initiate an investigation, he or she should still have access to support and advice. If the complainant decides to commence a formal complaint process, the complaint would trigger the administrative investigation process.
Second, the process should be simplified and streamlined. Formal complaints should be channelled directly to a grievance procedure before a CO acting as an adjudicator, rather than emphasizing the use of self-help techniques, or requiring the [complainant] to pass through numerous members in the chain of command and then through the formal investigation process. This would have the advantage of making sure that incidents of sexual harassment would come to the attention of the CO as quickly as possible. The griever and the respondent would both be offered assistance to advise and support them with respect to the grievance procedures. Similar to the current practice for harassment complaints, the CO could have the option of requesting an HI to conduct a more in-depth investigation. Both parties would also have the right to submit a written statement to the CO. The respondent would be entitled to procedural fairness, including disclosure of the relevant information.
Finally, the third recommendation reads:
...the policy should significantly reduce the emphasis on ADR and low-level resolution of complaints. Requiring the victim to confront his or her harasser, particularly where there is an imbalance of power, will be inappropriate in most instances. While the CO should give the grievor the option of utilizing the most appropriate ADR mechanism, it should be made clear to her [or him] that this is only one option, and is entirely voluntary.
The proposed model allows the member to have access to a simplified process—one that is reduced from three stages to just one. In addition, under this model, the CO retains better control of his or her unit and is able to intervene at a much earlier stage.
To summarize that recommendation, it reads:
Simplify the harassment process by:
Directing formal complaints to COs acting as adjudicators in a grievance. [and]
Reducing emphasis on ADR.
As I said, sexual assault is dealt with differently, and I'll go over the processes and recommendations related to it in my next intervention.
Thank you, Madam Chair.