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Top secret clearance investigation process for sexual harassment

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The information contained in this Guide is grouped into two sections. The first section presents an overview of the investigation process for the Policy on Harassment Prevention and Resolution and the Directive on the Harassment Complaint Process.

The second section provides more details for each stage of the process; and finally the annexes contain additional information, tools, templates and tips to conduct a high quality and professional investigation. The Guide can therefore be used according to the experience and knowledge of the user. Harassment investigations require that investigators not only have the knowledge and the research, planning, interviewing and analytical skills, they must also be sensitive to the emotional issues and the impact that an alleged harassment situation has on individuals and on the workplace as a whole.

This guide has been designed to ensure that the investigator will be able to undertake thorough and impartial investigations into harassment allegations. It is also intended to provide a reference document that will assist the person responsible for managing the harassment complaint process to ensure the highest degree of quality. Improper conduct by an individual, that is directed at and offensive to another individual in the workplace, including at any event or any location related to work, and that the individual knew or ought reasonably to have known Top secret clearance investigation process for sexual harassment cause offence or harm.

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It comprises any objectionable act scomment s or display s that demean, belittle, or cause personal humiliation or embarrassment, and any act of intimidation or threat. It also includes harassment within the meaning of the Canadian Human Rights Act i.

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Harassment is normally a series of incidents but can be one severe incident which has a lasting impact on the individual. To substantiate the allegations, the investigation must demonstrate that, according to the balance of probability:.

The Policy on Harassment Prevention and Resolution applies to the core public administration which includes the organizations named in Schedule I and the other portions of the federal public administration named in Schedule IV of the Financial Administration Top secret clearance investigation process for sexual harassment unless excluded by specific acts, regulations or Orders in Council.

The Directive on the Harassment Complaint Process flows from the TB Policy on Harassment Prevention and Resolution and requires the establishment and the maintenance of an effective harassment complaint process. It sets out specific roles and responsibilities of the designated official s pertaining to the application of the Directive.

Though other persons who work for the core public administration such as contractors, volunteers, temporary workers hired through agencies and Governor in Council appointees are excluded from the complaint process, managers should address any alleged harassment involving these individuals in accordance with the spirit of the Policy and the Directive. Members of the public cannot file a complaint under the Policy; however management should ensure the alleged harassment concerns are addressed.

In addition the Guide on Applying the Harassment Resolution Process should be read in conjunction with the Directive as it Top secret clearance investigation process for sexual harassment fundamental in interpreting and applying efficiently the harassment complaint process. The written complaint of harassment should be submitted within 12 months of the last incident or event of alleged harassment unless there are extenuating circumstances as prescribed by the Directive on the Harassment Complaint Process.

Allegations concerning events which occurred outside of this time limit can be included if the complainant can demonstrate that the incidents are directly related to the allegations that Top secret clearance investigation process for sexual harassment within the prescribed time limits.

This is especially important Top secret clearance investigation process for sexual harassment cases where the complainant intends to demonstrate a pattern of events. The Privacy Act requires that Federal Government institutions that collect personal information from individuals for an administrative purpose inform them of the purpose for which it is being collected. Furthermore, the Privacy Act prohibits a Federal Government institution from using or disclosing personal information for any Top secret clearance investigation process for sexual harassment purpose than that for which it was collected unless in accordance with specific exceptions cited at section 8 of that Act example: The Privacy Act establishes the rights of individuals to:.

The Privacy Act also governs the collection, use, disclosure, retention and disposal of personal information in regard to harassment complaints and the resolution thereof. This type of personal information is protected under the Act and will be stored in a personal information bank designated by the organization.

The Access to Information Act gives Canadian citizens the right to have access to information in federal government records.

However, this is subject to exemptions, where the disclosure of the information could be injurious to certain interests example: The individuals referred to in a harassment investigation report have the right to know, both under the Privacy Act and in accordance with the principles of natural justice, what has been said about them and by whom although at times exceptions may apply.

They have the right to request both their own personal information and any other information that is relevant to the harassment allegation and investigation thereof. Every effort should be made to resolve workplace issues through an informal resolution process. Informal resolution processes are also commonly called interest based conflict resolution, Informal Conflict Management System and alternative conflict resolution. However, when this process has been Top secret clearance investigation process for sexual harassment, declined by the parties or if it is deemed inappropriate, the person responsible for managing the harassment complaint process may initiate an administrative investigation to determine whether the allegations are founded or not.

An effective investigation of harassment allegations is fundamental to the successful resolution of workplace harassment. There can be several participants in the investigation process. This includes complainants, respondents and witnesses. During the investigation all parties are expected to co-operate in the complaint process if and when called upon to do so. Discussion of all aspects pertaining to the complaint should be limited to those who need to know in order to minimize damage to the work environment.

An overview of the administrative investigation process is provided below. Each element of the process is described in greater detail throughout this Guide. The key to conducting an investigation that is fair, prompt, and impartial starts with the selection of an investigator who can create an environment of trust and confidence throughout the investigation. Equally important is the establishment of a proper investigation mandate for the investigator. A sample investigation mandate can be found at Annex 1.

In order to plan the investigation and prepare the file, the following steps should be followed by the investigator:. Applying the principles of procedural fairness see Section IIthe investigator should interview the parties as well as any pertinent witnesses with respect to each allegation to ascertain all relevant facts relating to the complaint.

In particular, the investigator should consider the following questions:. Should additional allegations be made during the course of the investigation, such allegations are to be brought to the attention of the Top secret clearance investigation process for sexual harassment responsible for managing the harassment complaint process to determine whether they should be included in the mandate for investigation.

If these allegations become part of the investigation, they are to be presented in writing to the respondent. Should opportunities for the use of an informal resolution processes arise, at the suggestion of either party, during the investigation process, this should be discussed with the person responsible for managing the harassment complaint process who will suspend the investigation pending the outcome of the informal process.

Once the investigator has gathered the relevant facts he or she must validate this information with the parties. In order to do so, Top secret clearance investigation process for sexual harassment investigator will:. To obtain a sample preliminary summary of facts, please consult Annex 8 of this Guide. For further information about analysing the facts, refer to Annex 7 of this Guide.

The investigator will then prepare the final report relying on the information from the preliminary summary of facts. The final report should contain the following elements:. The final report must also be written in accordance with the requirements of the Privacy Act and Access to Information Act.

It is then submitted to the person responsible for managing the harassment complaint process with all related supporting documents and statements from the parties and the witnesses with the complete investigation file.

In order to achieve administrative closure, the person responsible for managing the harassment complaint process:. The final report accompanied by the decision letter is sent to the parties and constitutes administrative closure for the purpose of the harassment resolution process. The investigator must be impartial and unbiased. At times, it may be necessary to obtain an investigator from outside the Federal Public Service.

In determining whether it would be appropriate to use the services of an external investigator, the person responsible for managing the harassment complaint process should consider the following factors:. The investigator must have a security clearance appropriate for the case being investigated and must meet the Competencies Profile for Harassment Investigators. Public Works and Government Services Canada provides a list of external investigators approved to investigate harassment complaints in the Public Service.

In certain cases, there may be occasions where an investigation team of two or more investigators is warranted. In determining whether this approach is warranted, the person responsible for managing the harassment complaint process Top secret clearance investigation process for sexual harassment consider the impact of gender, race, organizational culture, and language, among other things, on the investigation as well as its scope and complexity.

The investigator is responsible for managing the harassment investigation. Essentially, the investigator is accountable for:. Once appointed, the investigator will be provided with a written mandate by the person responsible for managing the harassment complaint process that will authorize, govern, and focus the activities associated with the investigation.

The accountabilities listed above should be clearly spelled out in the mandate. In order to assist the investigator in understanding the requirements of the investigation, the mandate should contain:. An example of a mandate is provided in Annex 1 of this Guide for further clarification. Matters such as the availability of departmental resources, travel costs, contract costs, method of payment, or any other financial matter should be included separately as part of the contract for services. Investigators must strictly adhere to the investigation mandate.

The mandate should be limited to investigating allegations of harassment and the investigator should not be mandated nor should he or she undertake informal resolution processes such as mediation or conduct a workplace assessment in conjunction with an investigation since this could lead to a conflict in role and responsibilities.

If the investigator discovers the possibility of a criminal offence having been committed, fraud or wrongdoing under the Public Service Disclosure Protection Act during the investigation, the investigator must inform the person alleging such behaviour that this falls outside his or her mandate and that the person who mandated the investigator will be notified accordingly.

The investigator should be sensitive to the possibility of using informal resolution processes as a means of resolving the dispute since this could be beneficial and desirable for the parties. At any time in the process, if the parties are interested in resolving the dispute informally, the person responsible for managing the harassment complaint process should be informed without delay. The use of ICMS processes could lead to resolution of the dispute, or partial resolution of the dispute.

In cases where some of the issues are resolved informally, the person responsible for managing the harassment complaint process may ask the investigator to investigate any outstanding issues that were not resolved in this fashion. Information exchanged in the course of informal resolution processes is confidential and cannot be accessed by the investigator and should not be used or disclosed by the parties in the course of the investigation.

The approach presented in the following section is intended to help ensure the application of the principles of procedural fairness for the parties involved in the investigation.

It includes criteria and guidance to help the investigator and the person responsible for managing the harassment complaint process. Prior to the commencement of the investigation, the investigator should confirm with the person responsible for managing the harassment complaint process whether the parties understand their rights and responsibilities, including their right to be accompanied during the investigation process.

It is essential to have a solid understanding of the Policy, Directive and any related departmental policies, the Privacy Act and Access to Information Actas well as any pertinent case Top secret clearance investigation process for sexual harassment on the issues in dispute.

The written allegations should contain a detailed explanation of the alleged incidents, the name of the respondent, the relationship between the parties, a description of the alleged incidents including the Top secret clearance investigation process for sexual harassment, time and location and the names of witnesses, if applicable. The written allegations may include the names of people believed to have witnessed the alleged incidents or those who may have been aware of other information directly related to the allegations.

In addition, the response of the respondent may include the names of witnesses. If there is any uncertainty about their relevance to the investigation, the investigator should clarify their pertinence with the parties. Witnesses must have some direct correlation to the allegations. To determine the relevance of their testimony, the investigator could ask the parties to describe how a certain witness will contribute to the investigation.

The investigator has the discretion to determine which witnesses to interview and may decide not to interview certain individuals if it is unlikely that they will add any value to the investigation. For example, in assessing whether the testimony of a witness is relevant, the investigator may decide that a great number of witnesses is not needed to substantiate Top secret clearance investigation process for sexual harassment same allegation and that anything that is admitted by both parties will not need to be confirmed by a witness.

The preparation phase also involves another step — a review of the exhibits presented by the parties and the written allegations and response to the allegations. A review of the documents will allow the investigator to identify additional witnesses and will assist in understanding the basis for the allegations.

What you need to know:

The investigation process is subject to the provisions of the Access to Information Act and the Privacy Act. Essentially, this means that witnesses cannot be assured that the exchanges with the investigator will be kept confidential. Any person questioned in the course of an investigation may have access to the investigation file to obtain information that relates to him or her since this is considered to be their own personal information.

This principle applies to interview notes and any other documentation that the investigator uses during the investigation. Most Americans have been raised to believe that one's sexual behavior, sexual behavior, which is covered under Guideline D of the Adjudicative Top secret clearance investigation process for sexual harassment. Sexual behavior that is illegal; for example, sexual assault, possession Clearance · Security Top secret clearance investigation process for sexual harassment Will Investigators Ask Around About Me?.

Can the employer review my reliability status or security clearance at any time? What recourses are available during the security screening process? If you believe that you are the victim of workplace harassment or whether you are a suspect in a criminal investigation,; an arrest,; any and all. Sexual behavior does come up in a security clearance investigation. Most sexual misconduct is either not a potentially disqualifying condition for a examinations required as part of the processing for access eligibility for.

  • SEXUAL BEHAVIOR DOES COME UP IN A SECURITY CLEARANCE INVESTIGATION. MOST SEXUAL MISCONDUCT IS EITHER NOT A POTENTIALLY DISQUALIFYING CONDITION...
  • SEXUAL BEHAVIOR ISSUES CAN INCLUDE ILLEGAL ACTS, LEGAL ACTIVITIES BETWEEN THE OPPORTUNITY NOW EXISTS FOR SECURITY CLEARANCE...
  • SEXUAL HARASSMENT, AND SOMETIMES EVEN SEXUAL ASSAULT, IN THE WORKPLACE OCCUR NO...

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The investigator will need to gain a clear understanding of the facts, based on the evidence compiled. Inform the interviewee that all relevant information communicated during the interview will be documented and that no information can be considered confidential in the context of the investigation. The investigation process is subject to the provisions of the Access to Information Act and the Privacy Act. The following paragraphs can be inserted and amended based on the specific needs of the organization The investigator will also make a determination on whether the allegations are vexatious or made in bad faith.

The preparation phase also involves another step — a review of the exhibits presented by the parties and the written allegations and response to the allegations. Interviewing Tips Annex 5: The investigator should also take this opportunity to remind the interviewee of his or her rights and responsibilities and ensure that they are understood e.

The information closed in that Guide is grouped into two sections. The start section presents an overview of the investigation manipulate for the Policy on Harassment Prohibiting and Determination and the Directive on the Harassment Complaint Make.

The moment section provides more details for each stage of the process; and absolutely the annexes contain additional information, tools, templates and tips to conduct a high trait and maestro investigation. The Guide can therefore be used according to the experience and knowledge of the operator. Harassment investigations require that investigators not only father the consciousness and the research, planning, interviewing and analytical skills, they essential also be sensitive to the sentimental issues and the influence that an alleged harassment situation has on individuals and on the workplace as a whole.

That guide has been designed to assure that the investigator purpose be skilled to begin thorough and impartial investigations into harassment allegations. It is likewise intended to provide a reference paper that force assist the person creditable for managing the harassment complaint modify to effect the highest degree of quality. Untrue conduct around an solitary, that is directed at and hostile to another individual in the workplace, including at any issue or any location joint to put together, and that the especial knew or ought reasonably to acquire known would cause peccadillo or abuse.

It comprises any objectionable act s , say discuss s or display s that demean, belittle, or cause close humiliation or embarrassment, and any feat of intimidation or foreboding. It further includes harassment within the meaning of the Canadian Human Rights Act i.

Employees have a right to privacy. While there are some times when privacy rights have to be balanced with security needs, privacy must be protected unless there is a clear security-related reason. The government has not shown any need for these new measures. Although the union disagrees with the new Standard and we are currently challenging it, we do not suggest that members should refuse to comply with it.

PSAC members should follow the rule 'obey now and grieve later'. Yes, you need to provide your consent for all initial security screenings. Consent must be confirmed when current employees engage in their first security screening process under the new standard. This information may also be provided in the job posting, or your letter of offer if you are a current employee.

You can also ask for a copy of the criteria used to determine the security screening requirements of the position. If the requirements have changed, you can ask to be provided with a response in writing stating why the requirements have changed. If you are unsatisfied with the answer and you feel that the security requirements are not justified, you may be able to file a grievance.

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  • Most Americans have been raised to believe that one's sexual behavior, sexual behavior, which is covered under Guideline D of the Adjudicative Process. Sexual behavior that is illegal; for example, sexual assault, possession Clearance · Security Clearance: Will Investigators Ask Around About Me?. Such laws address when someone can be fired, sexual harassment in the A criminal conviction can affect anyone's job, especially since most screening process, which includes a background investigation that looks far.

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Am I my ex's rebound? The first section presents an overview of the investigation process for the Policy on the Prevention and Resolution of Harassment in the Workplace. managing the harassment complaint process to ensure the highest degree of quality. .. The investigator must have a security clearance appropriate for the. Sexual behavior does come up in a security clearance investigation. Most sexual misconduct is either not a potentially disqualifying condition for a examinations required as part of the processing for access eligibility for..

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