NDP Commission to Establish A Safe and Respectful Political Environment Interim Report May 5, 2018 Introduction The issues and concerns of bullying, workplace harassment and workplace sexual harassment have been a long-standing issue across the political spectrum including within the Manitoba Legislature and within the New Democratic Party of Manitoba. We recognize that sexual harassment is a broad social problem, that the scope of which was not widely acknowledged until recently with the use of #metoo hashtag and the stunning revelation that most women could use that hashtag especially within a workplace environment. Working in the Manitoba Legislature for the NDP government was no different; loyalty and acquiescing were expected, while Senior staff and MLAs were exempted from respecting others or refused to take responsibility for their behaviour. Here is the culture that many young women staffers, MLAs and other stakeholders were subjected to daily over multiple terms of governments led by the NDP. What is most important, post #metoo, post disclosure of experience is what happens now? What happens to support the women who have experienced trauma and continue to be retraumatized? What happens to the conversation when it shifts from women as victims to men as perpetrators. What happens if systems were changed from one that allow for the on-going marginalization of women to systems that do not allow for sexual and gender violence to take root or be sidelined for a vote or for protecting those in power. It must be noted that in this post #metoo period that the current standard involves individuals, mostly women take affirmative action to redress the harassment they have suffered. The standard of practise then is that the perpetrator is then removed from their position of power. We do not know the longterm impact of this strategy. We are in a position where we can take positive steps towards reconciliation and indeed chart the path for reconciliation in this era of post #metoo. This reconciliation or restorative process must consider the impact to the victims, the ability of the perpetrator to take responsibility for his/her behavior and agreed upon measures by the victim and perpetrator. Establishment of the Commission After allegations about sexual misconduct by a Provincial NDP Cabinet Minister became public in early 2018, the Manitoba NDP announced the creation of the establishment of the Commission to Establish a Safe and Respectful Political Environment. Commission Terms of Reference The Commission is tasked with investigating the experiences of staff and elected officials who were subject to sexual harassment and misconduct. The goals of the commission are: a. To provide a safe and confidential environment for current and former employees, current or former party members, or stakeholders to share, on a voluntary basis, their experiences, either as someone who witnessed misconduct or was the subject of misconduct, towards a goal of preventing these things from happening again; b. To identify the systemic failures of the work environment that allowed incidents of harassment and misconduct to occur; 1 c. To develop recommendations for the NDP to build a harassment-free environment where everyone feels safe and respected, and; d. To provide recommendations to ensure that proper policies and protocols needed are in place to ensure that anyone who experiences harassment has a clear and supportive path to have it stopped and addressed. Process Party Announcement and Appointment In late February, the Party appointed two Co-Commissioner to lead the Commission – Sandra DeLaronde and Kemlin Nembhard. On February 27th, 2018, the Commission was announced publicly through a press conference, the Party website and social media, including the names of the Commissioners, terms of reference, contact information and an invitation for individuals to participate. Hearing people’s experiences Individuals were publicly officially invited to participate and to share their experiences through the press conference (February 27th), on the website and through social media. Personal emails were sent out through the Commission to everyone (email addresses were obtained through the Provincial Party office) who had worked for the Party or had held political positions with the government anytime over the past 17 years. The Commission was open to hear from people from February 26th – April 21st, 2018. Throughout the process, the Commission heard from many people, through in-person sessions, written submissions, Skype and telephone interviews. The Commission did not investigate the truths that were brought forward as it is not a legal body. It did provide an opportunity to all that wished to share their truth and their recommendations for change in a private, safe and unbiased respectful manner. All individuals were advised that the Commission did not have a legal mandate, but that participation did not preclude anyone who presented from seeking legal remedies. The individuals were also advised that the purpose was to hear of their story and provide a framework based on their experiences and recommendations for the party to move forward in a positive way. Of great concern was the impact of re-traumatizing individuals who felt safe to share their story and the great care that must be taken to ensure their health and well-being. Environmental Scan As part of the Commission’s investigative process, a careful environmental scan was undertaken, including a review of organisational policies from various levels of government, political parties, unions and post-secondary institutions on respectful workplace, sexual harassment and misconduct. A review of books from former Provincial MLAs and Provincial Senior Staff was also conducted. Common Patterns The Commission heard from great number of people, whose experience with the Party and/or members of the Party spanned well beyond the last 17 years of the most recent NDP governments. While the span of years was wide and people’s positions in relation to the party very diverse, the patterns were Interim Report on - NDP Commission to Establish a Safe and Respectful Political Environment 2 consistent, including work atmosphere, culture and work environment and a dearth of policies, procedures in relation to human resources and workplace health and safety. Work Atmosphere, Culture and Environment Throughout the process, participants repeatedly commented on aspects of the work environment, atmosphere and culture that contributed to the negative experiences and allowed such inappropriate behaviours to go on. At times the atmosphere was overly sexualised, sexist and misogynistic and there was often a different standard for women (whether it was a staffer or an MLA) as opposed to men. The atmosphere was often characterized as one of fear and loyalty – fear of certain people in senior positions, fear of being perceived as being weak. Loyalty at all costs - must remain loyal to the party to the exclusion of all else, to report inappropriate behaviour on the part of an MLA would show a lack of loyalty to the party; you were supposed to take whatever was given to you. There was a culture of bullying, where many people felt pressured to do things they felt uncomfortable with or where people felt condescended to and bullied. It must be noted that in matters of bullying, that this behavior was not limited to males but also included women who were in positions of power. The work environment was often characterized as toxic, filled with a few key people who were toxic and who contributed to the toxic environment as they held some positions of power in the party. The culture was characterized as clique – with an in-club that was often linked with certain members of cabinet, where many exclusive decisions were made, outside of the regular channels and excluding the majority of people (both staff and MLAs). A few participants felt that the atmosphere and culture that existed as well as many of these issues were a sign of a broader issue; in relation to access to power, that it is indicative of a systemic issue, linked to issues of entitlement entrenched in the system and the power dynamics between cabinet and caucus (have and have-nots, decision-makers and not). Lack of clear and consistent Party Policies and Procedures Throughout the process, commented, almost universally on the lack of transparency with regards to human resources, including: • • • • • • • No protocols with regards to romantic relationships between staff, staff and MLAs. In some cases, no clearly defined reporting avenues for staff (who is the ultimate supervisor and who staff are working for, particularly Special Assistants and Executive Assistants) No clear avenue for reporting human resource issues, when and if they did arise Inconsistent responses to human resource issues No clear and consistent human resource policies and procedures for all political staff No central human resource office or person(s) responsible for all human resource matters including hiring, firing, supporting staff, etc. Political staff were all appointed differently and employed differently (some are order in council, some are government employees, some are employed directly by MLAs) – there is no clear protections for staff because they are all employed inconsistently. Interim Report on - NDP Commission to Establish a Safe and Respectful Political Environment 3 • • No management or human resource training for supervisors (Senior staff, MLAs, Ministers, etc.). Lack of employment standards, workplace health and safety standards It is and has always been women’s responsibility or the victim’s responsibility to speak out about sexual harassment. Even when men or other women are present in the room, no one who experienced harassment had ever had anyone speak on their behalf. Loose boundaries of professionalism – particularly at the Legislature, including: • • Presence of alcohol, drinking, parties in various offices at the Legislature, as well as pressure to participate in drinking Inappropriate sexual activities occurring at the Legislature The untouchable nature of certain MLAs while others were giving less – • e.g. No consequences for certain MLAs for bad behaviour Leadership matters – party leader but also senior staff attitudes and behaviours – • • • Condoning inappropriate behaviours but also an atmosphere of loose professionalism The presence of a workplace culture of fear and loyalty An ‘old boys club’ culture still existed, reinforced with the constant presence of alcohol but also, overt sexism and sexist behaviour directed towards female staff and female MLAs Impacts on the Party Throughout the process, the Commission heard from a broad range of people whose relationship with the Party was varied (multiple genders, political staffers, bureaucrats, MLAs, other stakeholders, etc.) and yet the impacts expressed were fairly consistent: • • • • • • • Many women that spoke, said these experiences (both of sexual harassment and the responses) altered the course of their careers and their future career choices Many people, but particularly women, after having worked or volunteered with the party have become disillusioned with the party. Women who had previously considered running for the party, after witnessing and experiencing how women were treated in the party, within politics and by the media, would now never consider running. For women, having to deal with sexual misconduct and harassment – this behaviour represents an unnecessary distraction and a huge disadvantage that they are forced to deal with continually. Time is not a great healer if you do not have the skills or support mechanisms in place. Women are forced time and again to make a choice of having to decide – either to raise the issue and be made to feel uncomfortable and often must deal with reprisals after coming forward or to be constantly uncomfortable with the egregious behaviour; either way women are made to feel comfortable and having to manage some men’s bad behaviour. Many individuals that presented to the commission have not renewed their memberships to the party – these behaviours and the lack of action has isolated and disenfranchised people who were core supporters, many of whom are women – they have left or are leaving the party. Interim Report on - NDP Commission to Establish a Safe and Respectful Political Environment 4 • • • These behaviours and the party’s response has created and continues to create an environment where women could not and still cannot participate fully. These issues are overshadowing the Party’s accomplishments over the 16 years in government. The NDP is no longer seen as a democratic party that supports true democratic principles. Recommendations The Commission determined that the best way forward was to build the recommendations based on the common themes of those that came forward. In this way the party can determine policy based on the knowledge of individuals directly affected. On this basis, we offer the following recommendations to the New Democratic Party of Manitoba for consideration and action to implement working effective policy. • • • • • • • • Creating formalized Human Resources policies and procedures – hiring, firing, disciplining, performance reviews, that is more centralised, with an ongoing HR committee with 3 or 4 representatives that takes part (at least one person from the committee) on each hiring. This committee would also be responsible for providing all new staff with human resources information (salary, vacations, pension, extended health, reporting information, providing HR and other policies, etc.). Providing ongoing human resource and management training for all MLAs, senior staff and supervisors. Providing ongoing anti-harassment and respectful workplace training to all MLAs and staff. As part of MLA orientation, along with Conflict of Interest, sexual misconduct, bullying and harassment should be emphasized and highlighted. Developing clear, comprehensive respectful workplace, anti-harassment, bullying and sexual misconduct policy and procedures, including: definitions, protocol on how to respond when these issues arise, a wide range of resolution options, whistle blower protections, formal investigation, potential consequences when an investigation has found misconduct has occurred. Independent office for people to report and to conduct investigations, potentially housed as an independent office of the Legislative Assembly of Manitoba or within an independent body of the Legislature. That a recommendation to the Legislative Assembly Management Commission (LAMC) to commit to making mental health and counselling supports available to individuals who report allegations. That the party ensure that a process of reconciliation or restoration be incorporated in all its processes that is reflective and demonstrates safety and wellbeing for the victim and demonstrated acknowledgement and growth for the perpetrator. Conclusion We honor the experiences of all those that came forward to share their experiences. We also recognize that for others, this process was another point of trauma in their experience. As a result, it may take longer for some individuals to consider coming forward to share their experience. We offer our support Interim Report on - NDP Commission to Establish a Safe and Respectful Political Environment 5 that you may not carry the burden of shame or guilt – it is not your fault. Your experience and your truth must be honored. We hope that you will find strength to stand strong in the knowledge that you are not alone. As Co-Commissioners we believe that it is time for the party to live its principles in ensuring safe and vital workplaces based on our shared values as a party. To accomplish this, we must ensure the health and well-being of those that have come forward or may come forward in the future, who have no resources to receive counselling or mental health support. For the Party to heal and build trust again, this process that we’ve undertaken must be the beginning of an on-going process that the party needs to commit to; an on-going process that is open, inclusive and accessible to all party members and one that is based on the principles of restoration and reconciliation. This process must start from a place where there is a radical shift from response and types of response to prevention. This will take some time, but we are certain that with the conversation now open that the party can be a leader in developing a covenant that will extend beyond the political and party to address sexual harassment. We believe that the Manitoba New Democrats can bring these recommendations into action by living in to the statement of principles: “Our actions and words must reflect our fundamental faith in the capacity of people to live cooperatively and to work for the betterment of all.” Interim Report on - NDP Commission to Establish a Safe and Respectful Political Environment 6 Alberta’s NDP. (2018) Preventing and Addressing Harassment. Retrieved from Cloudfront: https://d3n8a8pro7vhmx.cloudfront.net/albertandp/pages/417/attachments/original/15192 34357/Anti-Harassment_Policy.pdf?1519234357 Anirud, A. (2013, June 1). Introduction to the Respectful Working and Learning Environment Policy. Retrieved from The University of Winnipeg: https://www.uwinnipeg.ca/respect/docs/rwle-presentation.pdf CN Board of Directors. (2015). Canadian National Railway Company: Policy Regarding Diversity On The CN Board of Directors. Montreal: CN Board of Directors. Mackintosh, G. (2017). Stories best left untold: Tales From a Manitoba legislator. Winnipeg: Great Plains Publications. Manitoba Government. (2018, April 12). Understanding Sexual Violence. Retrieved from Manitoba Government: https://www.gov.mb.ca/youarenotalone/understanding.html Manitoba NDP Caucus. (2018, February 18). NDP Caucus Workplace Anti-Harassement Policy Draft. Retrieved from Your Manitoba NDP Caucus: http://yourmanitoba.ca/caucus2010/sites/default/files/PDFs/all/NDP%20Caucus%20Wor kplace%20Anti-Harassement%20Policy%20(DRAFT).pdf National Farmers Union. (2017, September 30). Policy Regarding Harassment in the Workplace. Retrieved from National Farmers Union: http://www.nfu.ca/policy/policy-regardingharassment-workplace Ontario New Democratic Party. (2018). Ontario New Democratic Party Workplace AntiHarassment Policy. Toronto: ONDP. The University of Winnipeg. (2013, June 1). Respectful Working and Learning Environment Policy. Retrieved from The University of Winnipeg: https://www.uwinnipeg.ca/hr/policies/docs/respectful-work-learn-enviro-policy.pdf The University of Winnipeg. (2015, September 7). Sexual Misconduct Protocol. Retrieved from The University of Winnipeg: https://www.uwinnipeg.ca/student-wellness/docs/sexualmisconduct-protocol.pdf The University of Winnipeg, University Administration. (2013, June 1). Respectful Working and Learning Environment Policy PROCEDURES. Retrieved from https://www.uwinnipeg.ca/institutional-analysis/docs/Procedures/respectful-working-andlearning-environment-procedures.pdf Vice President, Finance and Administration. (2013, May 14). Policies and Procedures: Discrimination and Harassment. Retrieved from http://www.rrc.ca/files/file/policies/H1Discrimination-and-Harassment.pdf NDP Status of Women Committee. (June 2006). Towards Sharing Power – Report of the NDP Taskforce on Participation of Women in Electoral Success. University of Winnipeg. (n.d.) What is Sexual Misconduct Canadian Labour Congress. (June 2010). Workplace Violence Policy. BC NDP. (n.d.) B.C. NDP Anti-Harassment Policy. Alberta’s NDP. (n.d.) Confidentiality & Non-Disclosure Agreement. Canadian Labour Congress.(n.d.) Anti-Harassment Policy Interim Report on - NDP Commission to Establish a Safe and Respectful Political Environment 7 Canadian Labour Congress (n.d.) Harassment Policy Manitoba NDP (n.d.) Anti-Harassment Anti-bullying and/or Anti-Discrimination Policy Manitoba NDP (June 1999) Manitoba NDP Code of Ethics. Interim Report on - NDP Commission to Establish a Safe and Respectful Political Environment 8 Appendices Appendix A Press release Winnipeg, MB – Manitoba New Democrats announced the appointment of two women that will lead the Commission to Establish a Safe and Respectful Political Environment. The Commission is tasked with investigating the experiences of staff and elected officials who were subject to sexual harassment and misconduct. The commission will be led by Kemlin Nembhard and Sandra DeLaronde. Biographies for both are attached. The goals of the commission will be: a. To provide a safe and confidential environment for current and former employees, current or former party members, or stakeholders to share, on a voluntary basis, their experiences, either as someone who witnessed misconduct or was the subject of misconduct, towards a goal of preventing these things from happening again; b. To identify the systemic failures of the work environment that allowed incidents of harassment and misconduct to occur; c. To develop recommendations for the NDP to build a harassment-free environment where everyone feels safe and respected, and; d. To provide recommendations to ensure that proper policies and protocols needed are in place to ensure that anyone who experiences harassment has a clear and supportive path to have it stopped and addressed. The commission will begin work in the coming weeks and expects to conclude by the end of April 2018, with an interim report scheduled to be presented to the NDP convention in May 2018. Those who wish to participate in the commission may reach out via a confidential email at commission@todaysndp.ca. This email is accessible only to commissioners, and any information shared will be kept confidential. Dates and times for meetings will be set as individuals reach out to the commissioners. -30Interim Report on - NDP Commission to Establish a Safe and Respectful Political Environment 9 Commissioner Biographies: Sandra DeLaronde is an Indigenous women who was repatriated to Cross Lake First Nation as a result of the McIvor decision and Bill C-31. She is currently the co-chair of the Coalition for Missing and Murdered Indigenous Women and Girls, and the Executive Director of the Indigenous Women’s Leadership Institute. She previously served as the Executive Director of the Helen Betty Osborne Memorial Foundation from 2001 – 2013. Kemlin Nembhard served as the executive director of the Daniel McIntyre St. Matthews Community Association from 2008 until 2017. Prior to that, she held positions as the Senior Project Manager and Policy Analyst with Intergovernmental Affairs, and worked in the Community Economic Development Committee of Cabinet from 2007 – 2008. She currently serves on several boards, including the West End Cultural Centre, CKUW 95.9 FM community radio station and Herizons Magazine. She has previously served with the Friends of Sherbrook Pool, the West End Commons, the Winnipeg Folk Festival, Seed Winnipeg, the Workers of Colour Support Network, the Manitoba Women’s Advisory Council, the Women’s Health Clinic, Grassroots Women, and CHO!CES: A Coalition for Social Justice. Interim Report on - NDP Commission to Establish a Safe and Respectful Political Environment 10 Appendix B Invitation to participate – Sent to all former staff, MLAs March 5th, 2018 Greetings, Last week the Manitoba DP officially launched its Commission to Establish a Safe and Respectful Political Environment to explore more about the scope and breadth of what happened, what systemic factors contributed to harassment and its handling in the workplace, and how to prevent sexual harassment in the future and create a safe and respectful environment for all. In order for this commission to succeed we need to hear from you, so please consider this an invitation to share your experiences with the commissioners by sending a confidential email to commission@todaysndp.ca. All communication to the Commission will be kept confidential throughout the Commission process and destroyed upon conclusion of the Commission. We look forward to hearing from you. Kemlin Nembhard Co-Commissioner Sandra DeLaronde Co-Commissioner Interim Report on - NDP Commission to Establish a Safe and Respectful Political Environment 11