SEXUAL HARASSMENT POLICY

INVESTIGATIVE PROCEDURE

Formal Investigation

Having received a signed complaint, it is the obligation of CHSR Broadcasting to carry out an investigation.

ROLE OF THE STATION MANAGER

Once informed, the Station Manager shall first meet with the complainant to review the details of the complaint. The Station Manager shall immediately:

• a) advise the complainant of his/her rights under the Canadian Human Rights Act and that these proceedings will not jeopardize his/her right to take further action against either the employer and/or the respondent, either through the Canadian Human Rights Commission or the legal system.
• b) explain the process of the investigation, including providing a copy of this document. The manager should also ask for comments or suggestions on procedure that might allow a more expedient investigation.
• c) advise him/her of their right to have counsel or an advocate with them at all meetings during the investigation which they are invited to attend.
• d) advise the complainant that he/she is not obliged to answer any questions or participate in the investigation in any way.
• e) review the complaint fully, request names of possible witnesses and remedy sought.
• f) advise the complainant that a copy of the complaint will be provided to the respondent. After meeting with the complainant, the Manager shall notify in writing the individual accused of sexual harassment that a complaint has been lodged against him/her, giving a copy of the complaint or details of the complaint. The notification should:
• a)notify him/her of the complaint-
• b)advise him/her of their right to counsel or an advocate at all meetings with the investigator.-
• c)request a meeting with the respondent.

Upon meeting with the respondent the Manager shall:

• a) advise him/her of the complainants rights under the Canadian Human Rights Act, and that his/her participation in the investigation will not jeopardize the rights of either the complainant or respondent to further action under the Canadian Human Rights Commission or the courts.
• b) explain the process of the investigation, including providing a copy of this document. The manager should also ask for comments or suggestions on procedure that might allow a more expedient investigation.
• c) advise him/her of their right to have counsel or an advocate with them at all meetings during the investigation which they are required to attend.
• d) advise the complainant that he/she is not obliged to answer any questions or participate in the investigation in any way.
• e) advise him/her that the investigation will continue regardless of their willingness to participate.
• f) review the complaint and hear the respondent’s response.
• g) ask the respondent to provide the names of possible witnesses.

If a resolution is not reached after meeting with both the complainant and respondent, the Manager shall continue the investigative process, including, at a minimum:

• a) interviews with any witnesses
• b) accurate and complete documentation of the evidence concerning the complaint.
• c) a finding and recommendation(s), to be made in writing.

A report, including documentation and recommendation(s), shall be forwarded to the Board of Directors.

ROLE OF THE BOARD OF DIRECTORS

The Board of Directors shall review all material submitted to it, shall provide copies of the Station Manager’s report to the complainant and respondent, and shall meet with the people concerned (at the individuals request) to discuss the Station Managers report. If both the complainant and the respondent agree to the Station Manager’s report and recommendations, the Board may approve the report and direct the implementation of the recommendations. If either the complainant or the respondent object to the report and / or recommendations of the Station Manager the Board shall proceed as follows:

• a) A hearing shall be held by the Board in the presence of the complainant, the respondent and their advocates.
• b) The Board will ask the complainant and/or the respondent to state why the facts and recommendations are not agreeable to them.
• c) The meeting will proceed under the direction of the Chair based on the responses to (b) above.
• d) Any questions to anyone present are to be directed to the members of the board, who shall determine whether the question is to be asked and, if so, of whom.
• e) The respondent and the complainant have the right to remain silent on any questions asked to him/her by members of the Board.
• f) Witnesses, if any, will be excluded from the hearing until called. There will not be any swearing or cross examination of witnesses. Questions will be directed by the members of the Board only. In particular, the Chair will require prior notice as to witnesses.

After the above requirements have been satisfied, the Board shall decide upon a course of action taking into consideration all the facts of the case and the recommendation forwarded by the Station Manager.

The Board shall inform all the individuals concerned of the decision taken. Should sexual harassment be found to have occurred, the Board shall decide upon disciplinary sanctions and measures for remedying or mitigating any employment harm or disadvantage suffered by any person(s) as the result of the incident(s) of sexual harassment.

The Board may also make recommended changes in station policy and procedure indicated by the investigation.