The Canadian Association of Professional Speakers (CAPS) is committed to fostering a harassment-free professional organization where all members are treated with respect and dignity.
This Anti-Harassment Policy is intended to make CAPS inclusive, safe, and non-discriminatory for everyone by setting out expectations and standards of conduct and by ensuring we have a clear process in place for responding to complaints of discrimination, harassment and violence.
Our CAPS Anti-Harassment Policy is in line with Provincial Human Rights Acts and provides protections from harassment based on race, national or ethnic origin, colour, religion, age, sex, sexual orientation, marital status, family status, disability, pardoned conviction or other protected categories.
Harassment within the membership of CAPS will not be tolerated. Members who are found to have harassed another individual will be subject to corrective actions. This includes any member who: interferes with the resolution of a harassment complaint; retaliates against an individual for filing a harassment complaint; or files an unfounded harassment complaint intended to cause harm.
The Anti-Harassment Policy covers all members and guests of the Canadian Association of Professional Speakers. CAPS will not tolerate, condone or allow harassment whether engaged in by fellow members, board of directors, or by outside guests, business associates, customers or others who conduct business with this organization at the national or chapter level. The association encourages reporting of all incidents of harassment, regardless of who the offender may be. When a complaint is brought forward, CAPS has a duty to investigate, unless the complaint is clearly frivolous.
Application of the Policy
This policy applies to all current members of the Canadian Association of Professional Speakers, including individual, and supplier members. This policy also applies to any person attending a Canadian Association of Professional Speakers annual meeting, convention, or sponsored event, even if the person is not a current member of the organization.
In situations where harassment complaints are made the guidelines outlined in Appendix A will be followed.
Definitions
Harassment is defined as comments or actions that are known, or ought reasonably to be known, to be unwelcome and unwanted (verbal, visual or physical) including, but not entirely restricted to, behaviours that create an intimidating or detrimental environment.
Examples of harassment include, but not limited to:
- derogatory or condescending comments or teasing or jokes regarding a person’s race, national or ethnic origin, colour, religion, age, sex, sexual orientation, marital status, family status, disability or pardoned conviction
- physical threats or assault
- outbursts of anger and destruction of property
- distributing inappropriate material or discriminatory photos, videos, or internet postings
- spreading malicious rumors to discredit someone
- sabotaging or destructively interfering in the work of others
- singling someone out to do demeaning tasks
- offending or humiliating someone physically or verbally
- bullying, threatening or intimidating someone
- racial micro-aggressions and racial jokes and comments
- cyber-bullying and harassment through social media
- discriminatory or harassing conduct including (but not limited to) anti-Black racism, anti-Indigenous racism, Islamophobia, antisemitism, anti-Asian racism, homophobia, transphobia, biphobia, ableism, ageism, xenophobia and sexism
Sexual harassment is defined as unwelcome or unwanted conduct of a sexual nature (verbal, visual or physical) that is likely to cause offence or humiliation, including but not entirely restricted to behaviours that;
° create an intimidating, humiliating, or detrimental environment; or
° leads to task-related consequences
Examples of sexual harassment include, but not limited to:
- unwanted sexual advances
- uninvited touching, pinching, fondling, hugging, kissing, patting, etc.
- demands for sexual favors in exchange for favorable treatment or continued participation/advancement
- repeated sexual jokes, flirtations, advances or propositions
- uninvited letters, phone calls, or messages sent by electronic mail or text message
- verbal abuse of a sexual nature
- graphic, verbal commentary about an individual’s body
- repeatedly asking someone out who is not interested
- leering, whistling
- assault, coerced sexual acts
- suggestive, insulting, obscene comments or gestures
- condescension or paternalism which undermines self-respect
- telling lies or spreading rumors about a person’s sex life
- homophobic comments or jokes or “outing” or threatening to “out” someone based on their sexual orientation
- display in the ‘workplace’ or on CAPS social media of sexually suggestive objects or pictures.
In all cases, the harassment can be a single incident, repeated incidents, or patterned behaviour. It can occur through direct or indirect interactions, including in print or through digital media.
Responsibilities and Expectations
The Canadian Association of Professional Speakers aims to provide all members with a harassment-free professional organization.
The CAPS Board of Directors is responsible for:
- being familiar with the procedures and receiving training on this policy;
- not engaging in behaviour that constitutes harassment as defined in the policy;
- the administration and enforcement of this policy;
- encouraging the informal resolution and/or mediation of differences wherever appropriate;
- informing members of their rights and obligations under the policy and its authorities;
- supporting measures to eliminate harassment within CAPS;
- ensuring that this policy is applied in a timely, consistent and confidential manner;
- determining whether or not allegations of harassment are substantiated based on the Ethics Committee report;
- determining what corrective action is appropriate where a harassment complaint has been substantiated; and
- reviewing the Anti-Harassment Prevention Policy every three (3) years.
The Canadian Association of Professional Speakers Ethics Committee is responsible for:
- being familiar with the procedures and receiving training on this policy and investigation procedures;
- investigating complaints and determining whether or not allegations of harassment are substantiated;
- following the appropriate procedures and processes while reviewing the complaint;
- reporting on the investigation and findings to the Board of Directors;
- making recommendations for developing, establishing and providing training in harassment prevention measures and procedures for the Ethics Committee, the National Board, and the membership;
- reviewing this policy annually, or as required; and
- making necessary recommendations to ensure that this policy meets the needs of the CAPS.
The Canadian Association of Professional Speakers members are responsible for:
- agreeing when joining and on subsequent renewal to adhere to the CAPS Anti-Harassment Policy;
- treating others with respect within in the professional organization;
- not engaging in behaviour that constitutes harassment as defined in the policy;
- participate in education and training programs so you can respond suitably to any incident of harassment in order to eliminate harassment within CAPS;
- reporting harassment to either the CAPS Executive Director or the President of the Board of Directors; and
- cooperating with a harassment investigation and respecting the confidentiality of the investigation process.
CAPS Members can expect:
- to be treated with respect;
- that reported harassment will be dealt with in a timely, confidential and effective manner;
- to have their rights to a fair process and to confidentiality respected during a harassment investigation; and
- to be protected against retaliation for reporting harassment or cooperating with a harassment investigation.
Harassment is unacceptable at any member-related settings, such as CAPS-related travel, CAPS-related social events and online or remote interactions. Consenting romantic relationships between members and/or guests are not considered to be acts of sexual harassment.
Proactive Personal Response
CAPS encourages individuals who believe they are being harassed to firmly and promptly notify the offender, either verbally or in writing, that their behaviour is unwelcome. It is important to be specific, as many offenders may not realize that their actions are offensive.
After addressing the offender, individuals should confidentially report the incident and the response (within two (2) business days is recommended) to the Canadian Association of Professional Speakers Executive Director or the President of the Board of Directors. This ensures that all harassment issues are properly tracked and addressed.
Situations Requiring Reporting Through The Official Harassment Complaint Process
CAPS recognizes that there are valid reasons that may make direct confrontation impossible, such as the seriousness of the situation, personal concerns, or ongoing harassment. In these cases, using the Proactive Personal Response may not be appropriate. Therefore, we encourage individuals who believe they are being harassed to report these incidents using our Procedures for Addressing a Harassment Complaint.
Note: In the case of a physical assault, the police should also be contacted immediately.
The specific guidelines for addressing complaints are outlined in Appendix A – Procedures for Addressing a Harassment Complaint.
CAPS has developed this policy to ensure that all its members and guests can participate in an environment free from harassment. CAPS remains an organization bound by our principles of ethical conduct.
Appendix A
Procedures for Addressing a Harassment Complaint
Preamble
The Canadian Association of Professional Speakers (CAPS) is committed to fostering a harassment-free professional organization where all members are treated with respect and dignity.
The Canadian Association of Professional Speakers will make every effort to ensure the confidentiality of the harassment complaint process, but cannot guarantee absolute confidentiality to any party in the complaint.
Procedures for Addressing a Harassment Complaint
Filing a Complaint
Any member may file a harassment complaint by contacting any member of the Canadian Association of Professional Speakers Executive Director or current National President. The complaint may be verbal or in writing. If the complaint is made verbally, the receiving member will record the details provided and will be signed by the complainant.
The submitting member should be prepared to provide details such as what happened; when it happened; where it happened; how often; and who else was present (if applicable).
Complaints should be made as soon as possible, but no later than within one (1) year of the last incident of perceived harassment, unless there are circumstances that prevented the member from doing so. The complaint shall be forwarded to the Ethics Committee to determine if the complaint warrants further action. The complainant will be informed of possible next steps and timelines.
The Canadian Association of Professional Speakers Ethics Committee will inform the accused that a harassment complaint has been made and has been filed against them within ten (10) business days. The letter will provide the details of the allegations that have been made against them, including the names of the accusers, and will advise as to the timeline for a response to the allegation(s). A copy of the Anti-Harassment Policy and the procedures (Appendix A) will be made available and they will be encouraged to seek independent legal advice if desired. A written statement is to be prepared in response to each of the allegations by the respondent and provided to the Ethics Committee within ten (10) business days.
Investigation of the Complaint
Once the response is received from the accused, interviews of the complainant, accused and witness will be completed by the Ethics Committee. Throughout the investigation, evidence, credibility, and sincerity of all parties involved will be carefully and compassionately considered.
If there are simultaneous investigations going either through the Human Rights Commission or through other legal avenues (police/civil) the CAPS Ethics Committee’s investigation and findings will be put on hold until the other avenues are completed.
Witness interviews will be specific and will focus only on the matters that the witness has personal knowledge of. The witness(es) may be asked to describe the manner in which the complainant and the accused conduct themselves in the association. Witnesses may be asked to submit any documentary evidence. CAPS members are required to cooperate with the investigation of the complaint or they may face the same corrective actions as outlined in this policy.
The Committee shall review all documents that are provided by the complainant, respondent and important witnesses to determine if any conduct or actions were/are contrary to the ideals, objectives, and accepted standards of the Canadian Association of Professional Speakers as set out in the Anti-Harassment Policy of the organization.
If a complainant does withdraw the complaint,it may be the association’s legal duty and therefore in its best interest to continue an investigation into the incident and the alleged harasser. CAPS understands that under certain circumstances this investigation may have to continue without any assistance from the complainant.
When a complaint is filed every effort will be made to complete the investigations within twenty (20) business days. The Canadian Association of Professional Speakers Ethics Committee will advise both parties of the reasons why, if this is not possible.
Early Resolution of Complaint
Mediation offers the possibility of the parties resolving the issue themselves, which should be the most desirable way for a complaint resolution, however, it requires the consent of both parties. The role of the mediator is to be neutral and to assist the parties to come to an agreement, to advise, to warn, to suggest possible solutions and to diffuse volatile situations.
During the investigation process describe above, either the complainant or the respondent may notify a member of the Ethics Committee in writing that they are prepared to resolve the matters in dispute through mediation. If no such notice is given then it shall be presumed that mediation will not take place.
When choosing a mediator, it is important to select an individual who is impartial and has experience in conflict resolution. The parties may agree on a mediator themselves or seek recommendations from the Ethics Committee to ensure a fair and unbiased mediation process.
Each party to the complaint has the right to be accompanied and assisted during mediation sessions by a person of their choosing. The mediation shall be completed within twenty (20) business days of the agreement for mediation. If it is not completed within that period, the mediation shall be presumed to have failed. The mediator will advise the Ethics Committee of the reasons why, if this is not possible.
Recommendations To the CAPS National Board
The CAPS Ethics Committee will submit their report to the CAPS Board of Directors within ten (10) business days. If a harassment complaint is believed to be substantiated, the CAPS National Board will determine the appropriate remedies and/or corrective actions. The report to the National Board from the CAPS Ethics Committee will include:
- a description of the allegations;
- the response of the person the complaint was made against;
- if mediation was chosen and if an agreement was reached or if the mediation failed;
- a summary of the evidence gathered; and
- if the conduct or actions are on a balance of probabilities contrary to the ideals, objectives, and accepted standards of the Canadian Association of Professional Speakers as set out in the Anti-Harassment Policy of the organization.
Corrective Action
Corrective action for the person found to have engaged in harassment may include, but not limited to, any of the following:
- an oral or written apology;
- a written reprimand, with guidance for how to avoid future reprimands;
- a suspension from membership in the Canadian Association of Professional Speakers, as well as barring from attendance at future Canadian Association of Professional Speakers events, committees and/or working groups;
- removal and permanent barring from membership in the Canadian Association of Professional Speakers, as well as attendance at future Canadian Association of Professional Speakers events, committees and/or working groups; and/or
- the revocation of previous listings, images, awards of merit within the Canadian Association of Professional Speakers such as the Hall of Fame, Warren Evans Spirit of CAPS, Peter Legge Philanthropic Award, or any other sanctioned CAPS Award
The CAPS National Board will convene a special board meeting to review, discuss and determine its decision. Both parties to the complaint will be advised, in writing, of the decision and recommendations by the CAPS National Board in a timely manner by the CAPS Executive Director. The CAPSExecutive Directorshall maintain a complete written record of each complaint and how it was investigated and resolved. All written records shall be maintained in a confidential manner.
Other Redress
If either the complainant or the accused are not satisfied with the process or outcome of the harassment complaint, they may file a complaint with the Canadian Association of Professional Speakers Board of Directors within ten (10) working days of receipt of the Board decision and provide arguments as to why the proposed remedies and/or corrective actions should not be adopted.
Retaliation
Retaliation against a complainant, witness, accused or any other person involved in an investigation is another form of harassment. Retaliationis a serious violation of this harassment policy and should be reported immediately. Any person found to have retaliated against another individual for reporting harassment will be subject to the same disciplinary action provided for harassment offenders. If the person who commits an act of retaliation and the harasser are the same person, the disciplinary action will be more severe.
Privacy and Confidentiality
All parties to a harassment complaint are expected to respect the privacy and confidentiality of all other parties involved and to limit the discussion of a harassment complaint to those within the resolution process.
Reporting
The Canadian Association of Professional Speakers will share through the annual reports of the Board of Directors and the Ethics Committee an aggregated summary each year on incidents of harassment and the remedies and/or corrective actions resulting. These annual reports will maintain the confidentiality of all parties involved.
Education and Communication
The Canadian Association of Professional Speakers will provide members with information about the prevention of misconduct. This Anti-Harassment policy and all related policies will be posted on the CAPS website and be a part of the join/renewal process.
Review
The Canadian Association of Professional Speakers will review this policy and procedures every three (3) years, or as required, and will make necessary adjustments to ensure that it meets the needs of all members.
Final Word
CAPS has developed this policy to ensure that all its members and guests can participate in an environment free from harassment. CAPS remains an organization bound by our principles of ethical conduct.
CAPS has invested a great deal of time and effort in order to ensure that the association has done everything in its power to offer a safe and hostile free environment for all members and guests. This Anti-Harassment Policy and its implementation is an attempt to prevent harassment and provide a complaint resolution procedure that is to be taken seriously, studied and followed.
Damages in the event of a successful lawsuit or Human Rights Case can be costly and can be assessed against the harasser, and/or any member of the organization who was aware of the harassment or might reasonably have been expected to be aware and failed to follow the policy guidelines. Penalties resulting from a harassment case are not limited to legal damages and can extend to the cost of legal proceedings, disciplinary action taken by CAPS, and adverse publicity directed toward the harasser and the organization.
We all have a mutual obligation to protect our members and to ensure the safety of all those who attend our events. We look forward to ensuring that our organization and our events remain a respectful and safe space for all participants.