Code Of Discipline
ANNEX A - REPORTING AND RESPONDING TO ALLEGATIONS OF MISTREATMENT, HARASSMENT, OR DISCRIMINATION BY STAFF TOWARDS OFFENDERS
All CSC staff members have the obligation to report any situation where they believe an offender is being mistreated, harassed or discriminated against by a staff member.
Institutional Heads/District Directors are responsible for resolving situations of mistreatment, harassment, or discrimination of which they are made aware, whether or not a complaint/grievance has been made, and to take immediate corrective action as appropriate.
Staff members will report any situation where they believe an offender has been mistreated, harassed or discriminated against by a staff member to either their Manager or to the Institutional Head/District Director. In instances where the allegation is reported to a Manager, the latter must immediately report it to the Institutional Head/District Director.
If an employee does not feel it is possible to disclose such an incident to his/her Manager or the Institutional Head/District Director, he/she can contact the Regional Office of Informal Conflict Resolution, the Senior Officer, Internal Disclosure, Values and Ethics Branch, National Headquarters, to make a formal disclosure, or the Public Sector Integrity Commissioner's Office. For contact information, refer to the Guide for Reporting Wrongdoing Under the Public Servants Disclosure Protection Act.
Assessment of Allegation
Upon becoming aware of such allegations, the Institutional Head/District Director will take action and act with due diligence to assess the validity and seriousness of the allegations by obtaining the specifics. He/she must also determine if any action to alleviate the potential mistreatment, harassment or discrimination needs to occur immediately, including but not limited to physically separating the applicable parties (i.e. staff member(s) and offender) from each other.
The Institutional Head/District Director will assess whether the matter can be settled by speaking informally with the parties involved. He/she will decide whether it would be appropriate to attempt to resolve the situation through informal resolution mechanisms such as coaching, counselling, mediation and resolution circles. A fact finding/investigation may be convened.
The Institutional Head/District Director will document his/her actions and share their findings with the Regional Deputy Commissioner. The documentation must demonstrate conclusively the basis for arriving at the findings in instances where a fact finding/investigation is not convened. The documentation will be kept in the Institutional Head/District Director's office.
Resources can assist where appropriate, including staff from Labour Relations, Values and Ethics, etc.
Convening a Fact Finding/Investigation
If the Institutional Head/District Director decides to convene a fact finding/investigation, he/she will specify the mandate to the investigator(s). He/she will also ensure that persons conducting the fact finding/investigation are appropriately trained for the particular issue being investigated (e.g. gender, diversity), that they are impartial, that they have no supervisory relationship with the parties, and that they are not in a position of conflict of interest. At least one investigator will not have a reporting relationship to the Institutional Head/District Director.
The investigator(s) will provide the Institutional Head/ District Director with a copy of the draft report within the timeframe outlined in the convening order. The implicated parties will be given the opportunity to make representations, which will be considered in the final report.
The final fact finding/investigation report will be provided to the Institutional Head/District Director, and a copy will be shared with the Regional Deputy Commissioner.
The Institutional Head/District Director will inform the offender, respondent, and the person who made the allegation of the outcome of the fact finding/investigation.
Requests for documents relating to the fact finding/investigation must be solicited formally under the Access to Information Act or the Privacy Act.
For more information
- Government-wide Forward Regulatory Plans
- The Cabinet Directive on Regulatory Management
- The Red Tape Reduction Action Plan
- The Canada–United States Regulatory Cooperation Council
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