Policy:

  1. Every effort will be made to resolve conflicts immediately and informally. Should informal resolution not resolve the conflict, the following complaint procedures will be used.
  2. Any individual may make a complaint to either a Board member or member of staff.
  3. There will be no reprisals against anyone making a complaint in good faith.
  4. The Galiano Club will cooperate with any external bodies having jurisdiction in investigating complaints.

Procedures:

General

  1. A person (the “Complainant”) who believes that they have been the subject of violence, bullying, harassment or other issue of concern must promptly, and within 30 (thirty) days,report to either a Board member or member of staff. The Complainant must identify the person who engaged in the conduct at issue (the “Respondent”) and provide details of the offending conduct.
  2. The person receiving the complaint should notify the Executive Director. If the allegation is about the Executive Director, the Chair of the Board should be notified.
  3. Once a complaint has been made, the Executive Director and/or the Chair of the Board have an obligation to follow up on the allegations. Failure to take action is a breach of this policy.
  4. There are both informal and formal responses available to complaints. The appropriate response will depend on the specifics of the complaint and may involve discussions with the Complainant.
  5. The person to whom the complaint is made will discuss with the Complainant whether they want to proceed by way of an informal or formal complaint. In determining how to proceed with the complaint, the comfort level of the Complainant subjected to the behaviour will be taken into consideration. However, the Executive Director and /or the Chair of the Board retain the right to require the Complainant to proceed with a formal complaint if the conduct at issue is sufficiently egregious.
  6. All steps and/or investigations taken by the Galiano Club under this Policy with be fair to both parties and follow the principles of natural justice.
  7. The Complainant and the Respondent have the right to a support person, if desired.

Informal Complaint Procedure:

  1. A person who has conduct of the complaint may ask for support or assistance from the Chair of the Board or another person designated by the Chair at any time during the process.
  2. The person having conduct of the complaint will discuss the concern(s) raised by the Complainant, and any resolutions proposed, directly with the Respondent. The Respondent will asked for their response to the allegation(s) and proposed resolutions.
  3. The person having conduct of the complaint will then try to find a reasonable and acceptable resolution to the complaint. This process may include involving both parties, if they agree.
  4. The resolution must include the Respondent agreeing to stop engaging in the conduct at issue, along with other such remedies as the parties may agree.
  5. The Complainant, Respondent or the Galiano Club may request that a neutral third-party be appointed to mediate and resolve the complaint. The mediator will assist the parties to come to a resolution acceptable to both parties.
  6. If the complaint is not resolved during the mediation process, that mediator will not be involved in investigating the complaint under the formal complaint procedure and may not represent either party during the formal proceedings related to the complaint.
  7. Either party can refuse mediation.

Formal Complaint Procedure:

  1. A written complaint should be submitted within two months of the date of the last alleged incident and may be submitted at any time during the informal process.
  2. The following information must be included in the formal complaint:
    1. Complainant’s name;
    2. The name of the Respondent and their position within the organization;
    3. Details of what happened;
    4. Date(s) and time(s) of when the conduct occurred;
    5. Where the conduct happened; and
    6. Names of any witnesses
    7. What resolution is being sought
  3. Within (10) ten business days the Executive Director (or the Chair of the Board) will give notice of the complaint to the Respondent. The Respondent shall have the opportunity to respond, in writing, to the complaint within (10) ten business days of receiving the complaint. The Complainant will be provided with a copy of the response. The Complainant may provide a reply, a copy of which will be given to the Respondent.
  4. If, due to unforeseen circumstances, these time frames cannot be met, the Galiano Club retains the right to amend such time frames provided such amendment(s) are reasonable and do not cause undue hardship to either party to the complaint.
  5. A panel consisting of the Executive Director(or alternate) and a member of the Board will be assigned to investigate the complaint (the “Panel”).
  6. The Galiano Club will make its best efforts to ensure that an investigation will be completed within 30-90 days of receipt of the complaint. The investigation will include:
    1. reviewing the written submissions of the Complainant and the Respondent;
    2. interviewing the Complainant and the Respondent;
    3. interviewing any witnesses;
    4. reviewing any relevant documents provided by the parties;
    5. reviewing any past substantiated complaints about the same Respondent
  7. Throughout the investigation, the Complainant and the Respondent will be kept informed of the progress of the investigation, but not the specifics.
  8. The Panel may make the following determinations based on the balance of probabilities that:
    1. the violence, bullying, harassment or other incident of concern did occur;
    2. the complaint is not substantiated; or
    3. the complaint was made in bad faith.
  9. The Panel will provide a written report to the Board setting out its findings (the “Report”).
  10. The Report will be provided to both parties, who will have (10) ten business days to provide a written response. Any response to the Report will be provided to both parties.
  11. The Board will make a decision based on the Report and responses. The Board with decide on any corrective action to be taken and will inform both parties in writing.
  12. Individuals who remain dissatisfied with the response may pursue other avenues which may be available to them, depending on the nature of the complaint.
  13. Food Bank only: Individuals who remain dissatisfied with the response may contact Food Banks Canada’s Customer Experience Hotline at 1-877-280-0329 or complaints@foodbankscanada.ca

Corrective Action:

  1. When a complaint is substantiated and the Respondent is an employee of the Galiano Club, the corrective action taken by the Board may include steps ranging from an apology, participation in counseling or education, or any other progressive discipline up to and including dismissal.
  2. When a complaint is substantiated, and the Respondent is a member of the Board of Directors, a member of the Society or a volunteer the corrective action taken by the Board can range from an apology through to dismissal from the Board, restrictions or prohibition on volunteer activities or restrictions or prohibition on participation at Galiano Club events.
  3. If a complaint is found to have been made in bad faith, the Complainant may be subject to the same corrective action as may apply to a Respondent when the complaint is substantiated.
  4. Anyone who retaliates against a person involved in a complaint under this policy, may be subject to the same corrective action as may apply to a Respondent when a complaint is substantiated.

Records:

  1. Information related to complaints will be kept confidential except as necessary to investigate the complaint, take corrective action or as required by law.
  2. The Galiano Club will ensure that all records arising from any complaint made pursuant to this policy will be kept in one place and in a locked cabinet, unless it involves an employee, which records will be kept in the employee’s file. Only the Chair of the Board or the Executive Director will have access to these records.
  3. Substantiated complaints will be kept on the personnel file of any employee who has been the subject of a harassment complaint.
  4. Substantiated complaints made in bad faith will be kept on the personnel file of an employee who has made such a complaint.
  5. Substantiated complaints about all others, including Directors, members of the Society and volunteers, any remedial action taken, will be kept in the records of the Galiano Club for a period not exceeding2 years.
  6. Unsubstantiated complaints will be kept in the personnel file of an employee. The employee may apply to the Board of Directors to have the entirety of information related to the complaint expunged from their record.
  7. Records of unsubstantiated complaints against all others, including Directors, members of the Society and volunteers will be kept for a period not exceeding 12 months. The Respondent to such complaints may apply, at any time, to the Board of Directors to have the file destroyed.