Responsible Behaviour Reporting and Response: An MSF-Canada Process Map

Resources internal to MSF: The Employee Family Assistance Programme includes confidential access to counsellors and lawyers; this is a resource paid for by MSF, but the organization does not have any access to the information you share with the EFAP practitioners. 

MSF staff also have no-cost access to the Psychosocial Focal Points in the Psychosocial Care Unit (PSCU) and may contact them through the confidential PSCU mailbox at: PSCU.Canada@toronto.msf.org. All communication with the PSCU is confidential; members of this team are professional mental health practitioners and accountable to independent regulating bodies. 

Find resources external to MSF here: Support Resources External to MSF 

There are two ways to consult with the organization. If you want to ask questions with your identity protected, you can reach out via the online reporting platform. This option allows you to get information directly from the Director of HR and/or the HR Advisor – Responsible Behaviour, with or without disclosing your name – it’s your choice. If you are comfortable sharing your identity, you are welcome to reach out directly to any of the people below.‍ 

Kathy Mahinpou, HR Director: kathy.mahinpou@toronto.msf.org 

Susan St Marseille, HR Advisor – Responsible Behaviour: Susan.marseilles@toronto.msf.org 

Sana Beg, Executive Director: sana.beg@toronto.msf.org 

Ruby Gill, President of the Board of Directors: ruby.gill@toronto.msf.org  

The links to the Guidebook to the Reporting Process for Complainants and Online Reporting and Consultation Platform below provide additional information about the reporting process.   

Guidebook to the Reporting Process for Complainants (HQ)

Online Reporting and Consultation Platform

The Director of HR is the process lead on reported cases. If the Director or any of the senior leadership team are involved in the case, the Executive Director acts as the process lead. If the Executive Director is involved, it becomes the responsibility of the President of the Board. 
 
Cases will be investigated by either an internal or external investigator, depending on the circumstances. The investigator will have the closest knowledge of what occurred. This is an intentional decision by the organization so that we can respond to your report thoroughly while also protecting your privacy and avoiding any unnecessary transfer of sensitive information. 
 
To protect your privacy and your wellbeing, the final details of the investigator’s report will be redacted to remove unnecessary detail. This final report will be what is used to determine any sanctions or outcomes of the process. 
 
Sanctions or outcomes are decided upon by the Process Lead, in consultation with the Decision-Making Authority, who is typically the Executive Director.  

The Role Clarity chart provides additional information about who is involved in the management of harassment cases. 

See our current roster of investigators and external mediators/facilitators here.

Once you have submitted a formal report (also known as a complaint), the next step is an assessment process. In our HQ Respect in the Workplace and Harassment policy, we have committed to completing an assessment within 2 (two) working days of receiving a written report. 
 
While assessment is occurring, the person accused of harm (also known as a respondent) will not be notified of the process. Only once the case has been assessed and a plan for next steps has been shared with you will the respondent be notified.

Below is a list of questions that the HR Director will consider when completing an assessment.

Did the person coming forward indicate what they are expecting or seeking? Are they interested in an informal resolution or do they want a formal investigation?
Does the behaviour reported appear to be in violation of MSF-C policy?
Does it violate the Behavioural Commitments or Code of Conduct?
Referring to sections 206 and 211of the HQ HR Policy Manual – does it meet the definitions outlined? Would consultation with a subject matter expert, including legal counsel, be helpful to support the decision process?
If it does not fall into the 206 or 211 categories, does the behaviour go against the values of our Employment Philosophy?
Are the individuals involved within MSF-C`s governing jurisdiction? (i.e.: do they still work for the organization, or still benefit from their connection to the organization)?
If the behaviour involved is physical or egregious, what safety planning conversations are required to guide action?
Is the matter being reported potentially criminal in nature?
Does the person want to explore informal resolution/pre-adjudicative options?
Does this case require external investigation or mediation/facilitation?

MSF Canada makes every effort to follow the needs of people coming forward about issues of abuse or harassment in the organization. The research in sexual harassment response shows that so-called “target-led” resolution processes have much better outcomes—as such, we endeavor to implement this practice within the constraints of the legislation to which we are accountable. 
 
In many cases, people experiencing harassment or other forms of inappropriate behaviour have one primary objective in disclosing their experience – they simply want the behaviour to stop. In cases like this, if the respondent consents to a facilitated resolution process (such as a behavioural contract), an investigation may not be required or helpful. 
 
It is important, however, to remember that if informal resolution (also known as alternate dispute resolution, or ADR) is not successful, investigation is still an option open to you. At no point does engaging in ADR preclude an investigation later on; if the behaviour reported escalates or continues, the organization may require an investigation. 
 
It is also important to note that there are cases in which an investigation is required. These are situations in which the harm reported is egregious in nature, or where there has been a pattern of offence, or a person high up in leadership is implicated. 

There are two cases in which MSF is legally obligated to inform police or other authorities. They are:

1. If we receive information about violence or harm affecting a child or a minor (under the age of 18), we are obligated to inform Child Protection Services. This should be done by the person who receives the information most directly. The best practice is to inform the person who disclosed, so they are aware that CPS has been notified.

2. If an act of physical aggression occurs on our premises, we are obligated to inform the police. This is the responsibility of the highest level of management present on the premises. Police typically respond by taking a summary from all witnesses and laying a charge if there is sufficient evidence.

If you are in a managerial role, you have a formal organizational responsibility—you can learn more about that in the manager section of this website. 

If you are a peer, you do not have a legal responsibility, but you do have an ethical one. And as an MSFer, you have a responsibility to support the organization’s principles around humanity, integrity and respect. As a peer, we ask that you connect privately with any affected or targeted people. You can simply say, “You seemed really uncomfortable, and I wanted to do something, but I didn’t want to cross a line of yours” or “I felt really awkward with those jokes, was it OK for you?”. We ask that you offer them support, check on their wellbeing and follow their lead in how they want to deal with the situation. We also ask that you offer them information about the resources and mechanisms within MSF for responding to harassment, abuse or otherwise unethical behaviour. 

You can support in a variety of ways. The most helpful way is to ask your colleague(s) directly if and how you can help. It may be as simple as listening to them, or they may want support in reporting to the organization. You can also support pro-actively by attending a Disclosure Training and familiarizing yourself with MSF’s work on responsible behaviour. 

Yes, you can. You can do this directly, via your manager. You can also do it via HR, or via the online reporting and consultation platform. 

One complexity with third party reporting is that it can trigger an organizational response that the targeted people have not personally initiated. They may, for example, be pulled into an investigative process that feels intrusive and unwelcome and may feel the process was taken out of their hands. As such, consider checking in with the directly affected people before you initiate a third-party report. That said, if you are deeply concerned with what you see and feel an ethical imperative to report, you are able to do so. Additionally, sometimes people indicate that a colleague reporting felt like a gesture of support and solidarity, and sometimes people experiencing abuse are too frightened to report. For these reasons, we do accept third party reports. 

If you are a peer, you do not have a legal responsibility, but you do have an ethical one. And as an MSF-er, you have a responsibility to support the organization’s principles around humanity, integrity and effectiveness. As a peer, we ask that you connect privately with any affected or targeted people. You can simply say, “You seemed really uncomfortable, and I wanted to do something, but I didn’t want to cross a line of yours” or “I felt really awkward with those jokes, was it OK for you?”. We ask that you offer them support, check on their wellbeing and follow their lead in how they want to deal with the situation. We also ask that you offer them information about the resources and mechanisms within MSF for responding to harassment, abuse or otherwise unethical behaviour. 

If you are in a managerial role, you have a formal organizational responsibility regarding harassment and other types of inappropriate behaviour.  

Your priority should be the safety and wellbeing of the person who disclosed to you. Thank them for coming forward, explain to them that the organization takes these issues very seriously and offer to accompany them through as much of the process as they want. 
 
Let them know that, generally speaking, the Director of HR is the lead on cases of this nature, and ask them how they would like you to connect them to the Director of HR (for example, would they like you to set up a meeting and accompany them? would they like you to brief the Director of HR beforehand? would they prefer to meet off site or on site?). If they have more questions about who will know the details of their situation, you can also refer them to this info pathway in our process map. 

I experienced something directly 

It’s important that you communicate clearly about your duty to report. Ideally, you can pro-actively remind your employees regularly about the organization’s commitment and your own responsibility in this area. The bottom line is that you cannot promise to keep something a secret – you can promise discretion, sensitivity and support, but you may be obligated to report the situation to the Director of HR. 
 
As a manager, you have access to and can request Disclosure Training. This training will help you be more fully prepared should someone come forward to you with an experience of abuse or harassment. Please contact the HR Advisor – Responsible Behaviour for more information.

Receiving a disclosure can be very stressful. Harassment and abuse are widespread social problems, and most people have some vicarious stress and trauma response. In the immediate, it’s important that you focus on your employee’s wellbeing, but once you have ensured they have the right resources and are getting support, you will also likely need to debrief your experience. 

The Employee Family Assistance Programme includes confidential access to counsellors and lawyers; this is a resource paid for by MSF, but the organization does not have any access to the information you share with the EFAP practitioners. 
 
MSF staff also have no-cost access to the Psychosocial Care Focal Points via email at: PSCU.Canada@toronto.msf.org. All communication with the PSCU is confidential; members of this unit are professional mental health care practitioners and accountable to independent regulating bodies. 

As a peer, you don’t have a legal responsibility regarding harassment or other forms of inappropriate behaviour, but you do have an ethical one. And as an MSF-er, you have a responsibility to support the organization’s principles around humanity, integrity and effectiveness. 
 
If a colleague discloses harassment or abuse to you, we ask that you offer them support, check on their wellbeing and follow their lead in how they want to deal with the situation. We also ask that you offer them information about the resources and mechanisms within MSF for responding to harassment, abuse or otherwise unethical behaviour 

You can support in a variety of ways. The most helpful way is to ask your colleague(s) directly if and how you can help. It may be as simple as listening to them, or they may want support in reporting to the organization. You can also support pro-actively by attending a Disclosure Training and familiarizing yourself with MSF’s work on responsible behaviour. 

Receiving a disclosure can be very stressful. Harassment and abuse are widespread social problems and most people have some vicarious stress and trauma response. In the immediate, it’s important that you focus on your employee’s wellbeing, but once you have ensured they have the right resources and are getting support, you will also likely need to debrief your experience. 
 
The Employee Family Assistance Programme includes confidential access to counsellors and lawyers; this is a programme paid for by MSF, but the organization does not have any access to the information you share with the EFAP practitioners. 
 
MSF staff also have no-cost access to the Psychosocial Care Focal Points via email at: PSCU.Canada@toronto.msf.org. All communication with the PSCU is confidential; members of this unit are professional mental health care practitioners and accountable to independent regulating bodies. 

If you are a peer, you do not have a legal responsibility, but you do have an ethical one. And as an MSF-er, you have a responsibility to support the organization’s principles around humanity, integrity and effectiveness. As a peer, we ask that you connect privately with any affected or targeted people. You can simply say, “You seemed really uncomfortable, and I wanted to do something, but I didn’t want to cross a line of yours” or “I felt really awkward with those jokes, was it OK for you?”. We ask that you offer them support, check on their wellbeing and follow their lead in how they want to deal with the situation. We also ask that you offer them information about the resources and mechanisms within MSF for responding to harassment, abuse or otherwise unethical behaviour.

MSF is committed to a working environment of care, dignity and respect. We take reports of harassment, discrimination and abuse very seriously, and we are committed to ensuring reports are responded to fairly, promptly and with due process and procedural fairness. This includes making sure that people accused of harm are treated fairly and have their privacy, wellbeing and dignity respected. Below is some information and resources about how the report will be dealt with by the organization.

The Director of HR is the process lead on harassment cases. If the Director or any of the senior leadership are involved in the case, the Executive Director acts as the process lead. If the ED is involved, it becomes the responsibility of the President of the Board. 
 
In many instances, harassment cases will be investigated by an external investigator. The investigator will have the closest knowledge of what occurred. This is an intentional decision by the organization so that we can respond to your report thoroughly while also protecting your privacy and avoiding any unnecessary transfer of sensitive information. 
 
To protect your privacy and your wellbeing, the final details of the investigator’s report will be redacted to remove unnecessary detail. This final report will be what is used to determine any sanctions or outcomes of the process. 
 
Sanctions or outcomes are decided upon by the Process Lead, in consultation with the Executive Director.  

For more information about who is involved in the management of harassment cases, see Role Clarity list.  

Here’s our current roster of investigators and external mediators/facilitators.

The Guidebook to the Reporting Process for Complainants provides additional information about the reporting process.  

Below is a list of guiding values that MSF-C uses when investigating reports of problematic conduct. You are always entitled to engage legal counsel if you at any point have concerns or would simply like third party advice. 

• Commitment to due process and procedural fairness– you have the right to know what particular actions or behaviours you are being accused of, involving whom, when and where. 

• Commitment to transparency of process – if you have concerns about bias, conflict of interest or non-transparency, you have the right to appeal the process at various points, and you also have the right to consult independently. 

• Commitment to professionalism – investigations are managed, conducted and the out comes interpreted by people with specialized training.  

• Commitment to privacy– MSF recognizes that reports of this nature carry a particular stigma for all involved, and as such makes strong efforts to ensure the privacy of all concerned.  

Commitment to the wellbeing of all involved – efforts are made to protect all parties from unnecessary stress and harm.

Resources Internal to MSF 

The Employee Family Assistance Programme includes confidential access to counsellors and lawyers; this is a resource paid for by MSF, but the organization does not have any access to the information you share with the EFAP practitioners. 

MSF staff also have no-cost access to the Psychosocial Care Focal Points via email at: PSCU.Canada@toronto.msf.org. All communication with the PSCU is confidential; members of this unit are professional mental health care practitioners and accountable to independent regulating bodies. 
 
 

Support Resources External to MSF

The Director of HR is the process lead on harassment cases. If the Director or any of the senior leadership are involved in the case, the Executive Director acts as the process lead. If the ED is involved, it becomes the responsibility of the President of the Board. 
 
In some instances, harassment cases will be investigated by an external investigator. The investigator will have the closest knowledge of what occurred. This is an intentional decision by the organization so that we can respond to your report thoroughly while also protecting your privacy and avoiding any unnecessary transfer of sensitive information. 
 
To protect your privacy and your wellbeing, the final details of the investigator’s report will be redacted to remove unnecessary detail. This final report will be what is used to determine any sanctions or outcomes of the process. 
 
Sanctions or outcomes are decided upon by the Process Lead, in consultation with the Decision-Making Authority, usually the Executive Director.  

For more information about who is involved in the management of harassment cases, see: 

Role Clarity 

To see our current roster of investigators and external mediators/facilitators, see: 

Roster of Investigators and Allied Professionals

The ultimate sanctioning authority lies within the Executive Director’s office. Suggestions for sanction 
are produced by the Director of HR, in consultation with the Ethics Committee, but the ED has final say 
on the sanctions imposed after harassment, discrimination or misconduct has been determined. 
‍ 
Sanctions can range from mandatory coaching, documented warnings, change of job duties, demotion 
and/or termination. The decision about sanction is informed by the level of responsibility the person 
had or has in the organization, the impact of the behaviour, the nature of the behaviour and previous 
history of similar or otherwise problematic conduct. 
‍ 
If the Executive Director is in conflict of interest with any of the parties or is named in the report, the HR 
Committee of the Board takes responsibility for managing sanctions. 

You can report an incident in person or online. Both methods are confidential. 

In Person 

If you want to report an incident in person, you can begin the process with any of the following people: the Director of HR, the Senior HR Manager, or any member of the Management Team. You can also reach to a Member of the Board, including the Board President. 

Online 

If you choose to report online, you have the option to share what you have experienced before you share your identity and learn what the response will look like. For this reason, some people feel more comfortable reporting online.

Once a report has been filed, it is assessed, and next steps are defined. 

Once you have submitted a formal report (also known as a complaint), the next step is an assessment process. In our HQ policies on harassment, discrimination and violence, we have committed to completing an assessment within 2 (two) working days of receiving a written report. 

 
While assessment is occurring, the person accused of harm (also known as a respondent) will not be notified of the process. Only once the case has been assessed and a plan for next steps has been shared with you will the respondent be notified. 
 
Below is a list of questions that the HR Director will ask when completing an assessment. 

1. Did the person coming forward indicate what they are expecting or seeking? Are they interested in an informal resolution, or do they want a formal investigation? 
 
2. Does the behaviour reported appear to be in violation of MSF-C policy? 
 
a. Does it violate the Behavioural Commitments or Code of Conduct? 
 
b. Refer to sections 206 and 210 from the HQ HR Policy Manual – does it meet the definitions outlined? Consult with subject matter expert, including legal counsel, to support your decision making 
 
c. If it does not fall into the 206 or 210 categories, does the behaviour go against the values of our Employment Philosophy? 
 
3. Are the individuals involved within MSF-C`s governing jurisdiction? (ie, do they still work for the org, or still benefit from their connection to the org)? 
 
4. If the behaviour involved is physical or egregious, what safety planning conversations are required to guide action? 
 
5. Is the matter being reported potentially criminal in nature? 
 
6. Does the person want to explore informal resolution/pre-adjudicative options? 
 
7. Does this case require external investigation or mediation/facilitation?

In order to ensure maximum confidentiality and robust process, MSF-Canada has a role clarity framework for case management. 

Below is a basic framework for case/investigation management role clarity. Each position is defined by its tasks—depending on the severity of the situation and the leadership/management role of those involved, the case management team’s seniority can escalate. 

Please note that this process includes a trained investigator or mediator/facilitator (for pre-adjudicative options such as informal resolution). As such, this framework is appropriate for cases that fall under Workplace Harassment, Discrimination or Violence policy; for Dispute Resolution, an internal investigator or facilitator may be appropriate. 

Case Focal Point 

Tasks: Along with Decision Maker, interviews and selects internal or external investigator or mediator/facilitator; coordinates external person’s relationship with MSF Canada and provides orientation and context to organizational culture as needed; maintains documentation; keeps Complainant and Respondent apprised of the process and timeline. 

Key Skills or Training 

• Strong knowledge of confidentiality 
• Ability to show organizational care through the process – offering accommodations, checking in     
  about need for resources, etc 
• Maturity and sound judgement 
• Good documentation skills 
• Does not need to have knowledge of the particular case content 
• This role is time intensive so person should be backfill-able 
• Has access to a folder of relevant documents (NDAs, Complainant Guide, etc) 
• Has done MSF Case Management training 

Decision Maker/Process Lead 

Tasks: Typically, this is the Director of HR in consultation with the Executive Director; institutional ‘voice’ — intentionally kept separate from logistics of investigation; manages initial assessment; defines case management team; informs both parties of findings; makes decision about outcomes, in consultation with external resources as needed. 

Key Skills or Training 

• Experience with complex cases, including risk assessment 
• Ability to stay neutral 
• Access to a network of support for consultation 
• Specialized training in harassment and workplace investigation management 

Consultation Support (subject matter expert, including legal counsel) 

Tasks: Supports decision maker with brainstorming, support, referrals etc. if case is complex – adds a layer of expertise and input to support reflection and difficult decision-making. 

Key Skills or Training 

• Subject matter expertise 
• Removal/arms-length from org 

Internal Communications 

Tasks: Manages communication inside the organization about process; offers training in advance so folks within the organization are aware of confidentiality requirements. 

Key Skills or Training 

• Knowledge of the process 
• Needs to know the parties involved but does not need to know particularities of the case 
• Well respected within organization

Complainant, Respondent, Witnesses 

Tasks: Participate in and contribute to investigative and/or restorative process 

Investigator 

Tasks: Carries out investigation; produces report of findings and recommendations based on findings 

Key Skills or Training 

• Available and able to produce report swiftly 
• Trained in trauma-informed investigation practice (Forensic Experiential Trauma Interview) 
• Membership in a professional college/accreditation? 

Facilitator/Mediator 

Tasks: Designs and carries out informal or pre-adjudicative resolution; produces a report that includes any conditions or behavioural contracts agreed to 

Key Skills or Training 

• Available and able to produce report swiftly 
• Trained in mediation w emphasis on harassment or violence 
• Membership in a professional college/accreditation? 

Mental Health Support 

Tasks: Provide psychosocial support. 

External Communications 

Tasks: Manages communication with the media if case goes public 

Key Skills or Training 

• Does not need to have knowledge of case particularities—needs knowledge of its management 

Appeals Mechanism 

Tasks: Provides a mechanism for any participant to appeal the process 

Key Skills or Training 

• Strong knowledge of best practice and procedural fairness 
• Access to governance mechanisms

In order to ensure as effective and comprehensive a response as possible, MSF-Canada will sometimes use external advisors, consultants, investigators and facilitators. 

Roster of Investigators and Allied Professionals