Reconciliation process for MLA accused of sexual harassment angers advocates
Continued suspension and offer of reconciliation process 'bad message,' advocate says
The provincial NDP's decision to offer a reconciliation process to the female complainant of sexual harassmentand accused NDP MLAMohinderSaran has drawn fire from advocates and raised concerns about how effective the process will be.
The caucus of the province's New Democratic Party deliberated for more than 6 hours on Tuesday before making the offer of a reconciliation process to Saran and an unidentified NDP staffer.
Saran has so far agreed to sensitivity training but has not admitted any guilt in the matter or made a public apology or statement about the incident.
In December, the employee filed a complaint of sexual harassment that was investigated by the human resource department of the Manitoba Legislature.
'Bad message'being sent
The co-chair of Equal Voice, DelaneyCoelho, says she's "frustrated' with how the NDP caucus has handled the matter.
Coelhoacknowledges she knows little about the complaint made against Saran, but says theoffer of reconciliation sends a"bad message."
"Political workplaces should be places of safety for women. This situation doesn't encourage that,"Coelhosaid.
Equal Voice is a multi-partisan organization has chapters across Canada "dedicated to electing more women to all levels of political office in Canada." The Manitoba chapter was launched last November.
Coelhosays the woman who made the complaint against Saran has "already been through a horrendous process that's taken months." She says the NewDemocraticParty should have a process that respects the victim.
"Reconciliation should put the needs of the victim first,"Coelhotold CBC News. She's concerned the party is more concerned with itself than someone who complained about sexual harassment.
Coelhois a member of the NDP and a former staff person. She says she's actively speaking to fellow party members about the issue.
"This seems to be more about the party andMohinderSaran ... I don't see a motive here other than to end a bad situation,"Coelhosaid.
NDP caucus says 'zero tolerance' in effect on Saran
A spokesperson for the NDP caucus says it is exercising zero tolerance in the case.
"Any form of improper behaviour is not acceptable. Saran was suspended from caucus when a formal complaint was made and will remain suspended until this situation is resolved satisfactorily. He will only be re-admitted if a process of reconciliation is successfully completed," wrote the spokesperson in an email.
The spokesperson also denies the offer of reconciliation is more about the party and Saran than the victim.
"The well-being of the complainant has been our primary consideration throughout this process," said the spokesperson.
The caucus has struggled with a lack of information. The report completed on the incident by the human resource branch of the Legislature was not made available to theMLAs.
Caucus chair RobAltemeyertold reporters the HR department gave them"no information on what was said, no information on the details of what the issue of incident may or may not have been or recommendations coming out of that."
That has drawn criticism from an expert on mediating workplace conflicts.
Reconciliation could be 'unfair,' mediation expert says
Marilyn MacKenziehas investigated hundreds ofharassmentcases in Canada and the U.S and was also the first sexual harassment investigation officer at theUniversity of Manitoba the first position of its kindin Canada.
She says there are many variables to cases such as these and is not able comment directly on the complaint against Saran, but she has major concerns about the NDP caucusoffering a reconciliation process without knowing all the facts.
"That is absurd. You can't recommend a potential outcome without knowing the finding. If I went in to a company and they hired me to do do an investigation and I said, 'OK, I've done an investigation and I've got a report, but I'm not going to share it with you, but you know what, why don't you try reconciliation,' they'd fire me," MacKenzie told CBC News.
MacKenzie says she doesn't understand why the report wasn't shared with the caucus bythe Legislature's HR department and says that's a "very faulty" part of the process.
MacKenzie is also concerned Saran's lawyer was able to present his client's side of the story to the NDP caucus, while the complainant's version of events was related by MLAs familiar with the case.
"The fact that the respondent has a lawyer and the complainant doesn't where's the balance of power there?" MacKenzie said.
Lost opportunity
The mediator says for reconciliation to work, the accused has to accept responsibility and express true remorse before the process even begins and she has concerns the victim's voice could be lost.
"Accountability, responsibility, remorse and a commitment never to offend again those are just four basic things that have to be on the table," MacKenzie said.
MacKenzie says there's already plenty of cynicism about politicians and this case may be a lost opportunity to fight against those feelings in the public.
"I would really have liked to see this case be a leader and I honestly don't mean to absolutely embarrass and hurt and be cruel to someone that has perhaps made a mistake," MacKenzie said.
If both Saran and the complainant agree to a reconciliation process, MacKenzie says it should be guided by a professional mediator with long experience and she says it isn't a brief exercise. It will take time to complete if it it's to be fair to both sides.
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