Canadian Police College Process Review: Recommendations and Responses
Recommendation 1: The Royal Canadian Mounted Police (RCMP) engage immediately in a national initiative to eradicate sexual misconduct in the workplace through awareness, education, detection and a prompt and appropriate response to such misconduct. The national initiative should encourage the reporting of sexual misconduct and address the fear of reprisal. The national initiative has to be prominent and have a national coordinator and divisional participation.
Response: The RCMP has launched a national awareness campaign on sexual misconduct in the workplace. Over four weeks, employees will learn what sexual misconduct is, how to identify, prevent and resolve it. The objective will be to provide employees with information about the impact and the consequences of sexual misconduct and inform them of their options for timely resolution of such complaints. [Updated: Jan. 20, 2017]
Recommendation 2: In order to ensure an appropriate response commensurate with the seriousness of sexual misconduct, Conduct Authorities engage in a mandatory consultation with the Conduct Authority Representative Directorate (CARD) for any conduct matters regarding allegations of a sexual nature, allegations of unwanted sexual touching and/or allegations of exhibitionism.
Response: The Professional Responsibility Sector will, over the next 12 months, take steps to increase capacity and ensure appropriate and timely processes are in place to adopt this recommendation.
Recommendation 3: A working group be established to identify training and developmental opportunities to strengthen supervisors' and managers' knowledge, skills, and abilities in relation to:
- Supervisory duties;
- Communication;
- Conduct and harassment; and
- Workplace wellness, including the available supports to their employees and referral for medical assessments in appropriate circumstances.
Response: The RCMP's National Performance Programs reviewed the development courses for supervisors, managers and executive officers to determine what gaps existed in curricula relating to health and wellness in the workplace. Course designers from the Learning and Development unit added training modules on managerial awareness of health assessments for employees, an overview of harassment and conduct review processes and the duties and responsibilities of managers in these areas.
An online course for conduct authorities that was in development has been launched. The course will be mandatory for all conduct authorities and open to all other employees.
The Harassment Investigator's course has been developed and was piloted in New Brunswick (J Division) in October 2016. The course included updated material on the RCMP's specific requirements for investigations into sexual harassment. Feedback was positive and it was recommended that the course be offered in other RCMP divisions. The next is planned for British Columbia (E Division). [Updated: Jan. 20, 2017]
Recommendation 4: The templates for interim administrative measures (which include temporary reassignment and suspension) be revised to include provisions forbidding contact with potential witnesses, unless authorized (e.g. reporting to a supervisor who is a potential witness), and, in the case of a suspension, forbidding attendance at any RCMP worksite, except for the purpose of mandatory reporting or other approved reasons (e.g. Health Services).
Response: The templates were amended and training materials reviewed. A communiqué addressing this recommendation was sent to all Commanding Officers, Employee Management Relations Officers and Administration & Personnel Officers. It highlighted anticipated changes to the applicable policies, guidebooks, training materials, templates, process maps and existing practices. The templates are awaiting translation and publication. [Updated: Jan. 20, 2017]
Recommendation 5: A Commissioner's Briefing Note be mandatory for reporting the occurrence and the final outcomes of all incidents of sexual misconduct in the RCMP.
Response: The Professional Responsibility Sector will, over the next six months, collaborate with Contract and Aboriginal Policing to make the necessary changes outlined in this recommendation.
Recommendation 6: The RCMP take the necessary steps to make the harassment and conduct process more transparent to complainants, witnesses and the public.
Response: Strategic Policy and Planning Directorate will, over the next six months, collaborate with the Professional Responsibility Sector to review all applicable communication processes to ensure a complete response to this recommendation.
Recommendation 7: All new Conduct Board decisions be published on CanLii or a similar searchable database.
Response: The Professional Responsibility Sector will, over the next six months, assess options for making Conduct Board decisions publicly available in order to respond to this recommendation.
Recommendation 8: The current structure of Human Resources and Professional Responsibility services be reviewed to determine whether or not more integration is required, given the interrelationship between many conduct measures and human resources.
Response: The Human Resources Sector and the Professional Responsibility Sector will, over the next six months, collaborate to review their current level of integration and will offer recommendations to the Senior Executive Committee for any proposed changes in response to this recommendation.
Recommendation 9: Policy be implemented to make it mandatory for Career Development and Resourcing (Staffing) to be consulted whenever a member is being re-integrated into the workplace following a return to work from suspension.
Response: The Human Resources Sector will, over the next six months, amend the applicable policy directives in response to this recommendation.
Recommendation 10: If a transfer has not formed part of the measures imposed in the conduct process, there be an examination of the mandatory transfer of employees whenever they are involved in any sexual misconduct in the workplace or sexual misconduct in relation to any work-related activity.
Response: The Human Resources Sector will, over the next six months, amend the applicable policy directives in response to this recommendation.
Recommendation 11: In order to clarify roles and responsibilities, there be a review of the existing command structure of RCMP National Headquarters (NHQ), including the roles and responsibilities of the CO and senior executives responsible for various business lines at NHQ, as it pertains to conduct and other administrative authorities for the main NHQ location and other worksites across the NCR.
Response: Through direct communication, the Commissioner has clarified the role and responsibilities of the Commanding Officer of National Headquarters (NHQ), as they pertain to conduct and other administrative authorities throughout NHQ and the National Capital Region. [Updated: Jan. 20, 2017]
Recommendation 12: Canadian Police College (CPC) and Technical and Protective Operations Facility (TPOF) management develop a human resources plan for Explosives Training Unit (ETU)/Chemical, Biological, Radioactive, Nuclear and Electrical (CBRNE) Unit to address:
- Succession planning;
- Expanding upon the pool of qualified facilitators for highly specialized training; and
- Responding to surges in demand for services.
Response: Specialized Policing Services will, over the next six months, collaborate with the Human Resources Sector to develop a human resources plan and to undertake a client services needs survey at CPC in response to this recommendation.
Recommendation 13: A management Review take place at the integrated ETU and CBRNE unit at TPOF.
Response: Specialized Policing Services will, over the next six months, undertake a managerial review at the integrated ETU and CBRNE unit at TPOF in response to this recommendation.
Recommendation 14: The RCMP employ an objective mechanism across the entire organization at the unit level to determine the current wellness of the organization.
Response: Strategic Policy and Planning Directorate will, over the next six months, develop and administer a short survey to all RCMP employees to respond to this recommendation.
Recommendation 15: The National Early Intervention System (NEIS) early awareness tool be expanded to identify worksites and/or supervisors that are in need of guidance, support or other intervention.
Response: The Human Resources Sector will, over the next nine months, collaborate with the Professional Responsibility Sector to conduct analysis of the existing NEIS and determine a way forward to respond to this recommendation.
Recommendation 16: When worksites are identified by NEIS, an ad hoc multi-disciplinary team be deployed to immediately address the issue(s), as well as employee wellness in the workplace. The method of engagement, composition and skill set requirements, etc., of the team to be determined by a working group.
Response: The Human Resources Sector will, over the next nine months, revise the manager's toolkit to include an appropriate framework for undertaking workplace assessments to respond to this recommendation.
Recommendation 17: An "Employee Satisfaction and Engagement Assessment" take place at the integrated ETU-CBRNE unit at TPOF and also at CPC. It is further recommended that this assessment take place annually for a period of three years, after which time it is to be reviewed to determine whether it will be continued, and if so, at what frequency.
Response: Specialized Policing Services will utilize the Employees and Wellness Assessment that was completed in June 2016 by Health Canada, and will implement changes as appropriate. Future assessments will be completed annually in 2017 and 2018 in response to this recommendation.
Recommendation 18: Guidelines be developed to guide harassment investigators' approach to complainants alleging sexual misconduct and witnesses to sexual misconduct, to ensure the complainants' and witnesses' wellbeing is considered throughout the entire process.
Response: Policies, guidebooks, training materials, templates and process maps have been reviewed. The Professional Responsibility Officer issued a communiqué to all Commanding Officers, Employee Management Relations Officers and Administration & Personnel Officers. The communiqué reinforced current policy and the requirement for investigators to consider the wellbeing of complainants and witnesses throughout the harassment process. Applicable information pertaining to the recommendation has been added to the training modules of the Harassment Investigator Course. [Updated: Jan. 20, 2017]
Recommendation 19: With respect to conduct and harassment investigations:
- Statements should not be obtained outside a formal investigation process;
- A complete statement from the complainant is obtained before meeting with any other witness; and
- Statements be electronically recorded except where there is valid reason otherwise (e.g., witness refuses to consent to electronic recording), and where a recording has malfunctioned, the investigator have the witness read and sign off on relevant notes or a written statement.
Response: Policies, guidebooks, training materials, templates and process maps have been reviewed. Additions and modifications to the current policy and guidebook have been completed and will be published in the near future. A communiqué has been disseminated to all Commanding Officers, Employee Management Relations Officers and Administration & Personnel Officers outlining relevant updates to applicable policy, national guidebook and updates to training materials. Applicable information pertaining to the recommendation has been added to the training modules of the Harassment Investigator Course. [Updated: Jan. 20, 2017]
Recommendation 20: In relation to Agreed Statements of Facts (ASFs), a training standard and guide be created for the CARD, the Member Representative Directorate (MRD) and the Level III Conduct Authority to describe:
- The circumstances in which an ASF would be appropriate;
- How ASFs should be drafted;
- The types of allegations to be excluded from any ASF negotiation (i.e. sexual misconduct).
Response: Under the new conduct process the conduct board has extensive knowledge of the circumstances of the case including the complete investigation report and all supporting materials, effectively eliminating any practical or tactical application of ASFs. For this reason, ASFs will no longer be used in conduct proceedings. Conduct boards are now required to issue a determination of established facts and direct the parties to address any remaining relevant inconsistencies or disputed facts during the conduct hearing. [Updated: Jan. 20, 2017]
Recommendation 21: It is also recommended that an independent review process, by a person designated by the Director General, Recourse Services Branch, be implemented to approve ASFs prior to being submitted to a Conduct Board.
Response: With ASFs no longer in use, there is no requirement for a review process. [Updated: Jan. 20, 2017]
Recommendation 22: Periodic audits of ASFs be conducted.
Response: With ASFs no longer in use, there is no requirement for an audit process. [Updated: Jan. 20, 2017]
Recommendation 23: Conduct authorities be instructed that advice provided to a Conduct Authority by a conduct or other advisor (e.g., Employment Management Relations Officer) be recorded on the file and when this advice is not followed in a conduct process, that the Conduct Authority also provide written justification on the file.
Response: Policies, guidebooks, training materials, templates and process maps have been reviewed. A mandatory online course is now available to Conduct Authorities. A communiqué was sent to all Commanding Officers, Employee Management Relations Officers and Administration & Personnel Officers stating that Conduct Authorities are required to ensure that the advice provided to them by Conduct Advisors is documented in all matters. [Updated: Jan. 20, 2017]
Recommendation 24: Conduct Authorities be instructed to ensure that Records of Decision address the application of measures that fall outside of the ranges set forth in the Conduct Measures Guide.
Response: Policies, guidebooks, training materials, templates and process maps have been reviewed. A communiqué was sent to all Commanding Officers, Employee Management Relations Officers and Administration & Personnel Officers emphasizing that while the Conduct Measures Guide is a tool for determining the appropriate range of conduct measures for a variety of misconduct, it is simply a guide, and the Conduct Authority can deviate from the suggested range where warranted. The Conduct Measures Guide is clear that when a Conduct Authority imposes a conduct measure outside the suggested range, they are expected to explain the particular circumstances of the misconduct that led to their decision. This obligation does not fetter the discretion of the Conduct Authority, but rather, ensures that the Record of Decision meets the requirements of procedural fairness. [Updated: Jan. 20, 2017]
Recommendation 25: The Professional Responsibility Sector (PRS) develop a clear definition of what constitutes sexual misconduct.
Response: Recognizing that sexual misconduct includes a broad range of behaviour that is addressed based on the specific elements or criteria that apply to the applicable criminal, professional or administrative process, the Senior Executive Committee has approved the following definition of sexual misconduct to assist in administering policies and processes that may be engaged: Any inappropriate act, behaviour or language of a sexual nature. [Updated: Jan. 20, 2017]
Recommendation 26: The PRS implement the prioritization of sexual misconduct cases referred to a Conduct Board, in light of the impact on complainants and witnesses.
Response: The Conduct Authority Representative Directorate is systematically prioritizing sexual misconduct cases involving referrals to a Conduct Board. [Updated: Jan. 20, 2017]
Recommendation 27: When there is a change in management, that the outgoing Commander develop a "Transfer of Command Briefing Package" including mandated items such as HR considerations, including conduct issues and succession planning issues.
Response: The Human Resources Sector will, over the next three months, review and validate the current transition binder in response to this recommendation.
Recommendation 28: The PRS examine the process by which investigations are mandated (via conduct investigation mandate letters) to ensure that mandate letters are appropriately drafted, in particular, that mandate letters related to sexual misconduct are being drafted in a comprehensive manner and addressing all the essential elements of the alleged misconduct.
Response: The Professional Responsibility Sector will, over the next six months, review applicable policies, guidebooks, training materials, templates and process maps in consultation with Divisions, and make required changes in response to this recommendation.
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