- +13.1 Scope
- +13.1.1 This bylaw applies to any event, activity, workplace, and spaces both physical and digital in
- +which the Party is an organizer, sponsor, or employer, and to guests and volunteers of the Party.
- +13.1.2 This bylaw applies to any representative of the Party, including but not limited to:
- +13.1.2.1 Members
- +13.1.2.2 Volunteers
- +13.1.2.3 Members of any committee of the Party
- +13.1.3 This bylaw applies at every level of the organization, including but not limited to:
- +13.1.3.1 Regional or Provincial Organizations and Alliances
- +13.1.3.2 Campaigns and Campaign Teams
- +13.1.3.3 Committees of the Party
- +13.1.4 This bylaw covers disciplinary and remedial action related to:
- +13.1.4.1 The Party's Constitution
- +13.1.4.2 The Party's Bylaws
- +13.1.4.3 The Party's Code of Conduct
- +13.1.4.4 Harassment and Discrimination
- +13.2 The Conduct Committee
- +13.2.1 The Conduct Committee shall be responsible for enforcing and carrying out this bylaw.
- +13.2.2 Members of the Committee:
- +13.2.2.1 Members shall be appointed by Federal Council except:
- +13.2.2.1.1 A position on the Conduct Committee which shall be reserved for a person whose
- +appointment is recommended by the Safe Spaces Committee;
- +13.2.2.2 Federal Councillors shall not make up more than one third (33 of the membership of the
- +committee;
- +13.2.3 The members of the Committee shall elect from among themselves a Chair.
- +13.2.4 The Conduct Committee shall be responsible for the collection of reports as specified in this
- +bylaw.
- +13.2.5 The Conduct Committee is empowered by this bylaw to investigate complaints.
- +13.2.5.1 The Committee or a member of the Committee shall conduct the investigation; or the
- +committee may delegate this responsibility to a member of the Party or qualified professional they
- +deem to have appropriate skills and expertise.
- +13.2.6 In the course of its duties the Committee may:
- +13.2.6.1 Request cooperation of any official in the Party;
- +13.2.6.2 Institute temporary measures for the duration of the investigation including:
- +13.2.6.2.1 Requiring a Respondent to have no contact with a Complainant or witnesses involved in the
- +investigation;
- +13.2.6.2.2 Prohibit participation in events, meetings, campaigns, or digital forums;
- +13.2.6.3 Request contact details of any person covered by this bylaw.
- +13.2.7 Disciplinary action may be taken against anyone who victimizes or retaliates against a
- +Complainant or a
- +Respondent. Likewise, disciplinary action may be taken against a Complainant who makes false claims
- +of discrimination or harassment under this bylaw.
- +13.2.8 Managers, supervisors, and others in leadership positions (such as members of the Federal
- +Council, directors of the GPC Fund, or executives in Electoral District Associations) who fail to
- +respond to a complaint or to impose penalties duly determined by this bylaw may be subject to
- +disciplinary action.
- +13.2.9 Failure to cooperate with the Committee in an investigation may be considered an actionable
- +offense under these bylaws.
- +13.3 Recognizing the therapeutic role of providing contemporaneous documentation of events and to
- +provide evidentiary value in the future for Complainants, this bylaw offers the option of depositing
- +a record.
- +13.3.1 A person (Reporter) may deposit a written personal account of their alleged experience of
- +harassment or discrimination.
- +13.3.2 A person (Reporter) may also deposit an account of events they witness of harassment,
- +discrimination, or other member misconduct.
- +13.3.3 All information recorded under this bylaw shall be kept secure and confidential.
- +13.3.4 No action shall be taken on these reports unless a complaint is initiated by the Reporter
- +within which the record has evidentiary value.
- +13.3.5 A Reporter may withdraw a deposited record unless and until it is included or referred to in
- +a complaint initiated by the Reporter.
- +13.3.6 Records deposited shall be destroyed according to the schedule of records retention observed
- +by the Party and in compliance with all laws and regulations to which the Party may be subject.
- +13.4 Complaints
- +13.4.1 Any person who considers they have experienced or witnessed an incident or course of
- +incidents of discrimination, harassment, or other misconduct within this bylaw's scope may make a
- +complaint.
- +13.4.2 In a complaint, the Complainant and the Respondent shall both have the option of engaging
- +personal support and/or legal representation through the complaint process at their own expense.
- +13.4.3 The Complainant has the right to discontinue a complaint at any stage of the process without
- +repercussions except any that may arise under Bylaw 13.2 The Respondent has the right to respond
- +fully to any allegations made in a complaint.
- +13.4.5 Complaints and responses will be considered confidential to the degree possible; information
- +shall only be conveyed to others where doing so is necessary to the process, to carry out any other
- +step as requested by the Complainant, or to ensure the safety of others.
- +13.4.6 There shall be no presumption of guilt and no determination made in relation to any complaint
- +until an investigation has been completed.
- +13.4.7 All complaints will be dealt with according to the principles of natural justice, which
- +obliges those making decisions to be free of bias in the matter in which they are deciding and
- +requires a fair hearing in which both Respondent and Complainant have the right to be heard and to
- +have equal and fair access to the process.
- +13.5 Making a Complaint
- +13.5.1 To initiate the complaint process, the Complainant should contact:
- +13.5.1.1 The Chair of the Conduct Committee;
- +13.5.1.2 The Executive Director of the Party or any member of Federal Council should any member of
- +the Committee be implicated in the complaint in any way;
- +13.5.2 The Complainant will submit, orally, in writing, or through an intermediary:
- +13.5.2.1 a statement of complaint which includes details of any relevant actions or events,
- +including dates, times, and places;
- +13.5.2.2 the names of potential witnesses;
- +13.5.2.3 the impact of the actions and events on them.
- +13.5.2.4 supporting documentation
- +13.5.3 The Respondent will be informed that a complaint has been made, will be given the statement
- +of complaint and will be referred to this bylaw.
- +13.5.4 Both the Complainant and the Respondent will be given an explanation of the processes used to
- +address
- +complaints under this bylaw.
- +13.5.5 Both the Complainant and Respondent will be advised of their right to seek support services
- +at their own cost.
- +13.5.6 The Respondent will have opportunity to respond, orally, in writing, or through an
- +intermediary, to the allegations made and this response will be made available to the Complainant.
- +13.5.7 The Complainant will meet with representatives of the Conduct Committee to confirm that they
- +wish to persist in the complaint and, if so, that they wish to pursue an informal or a formal
- +resolution to the complaint.
- +13.6 Decision to Start a Complaint
- +13.6.1 The Chair of the Committee shall determine if a complaint is within the jurisdiction of the
- +Committee and if the complaint is an actionable offense.
- +13.6.2 Should the Respondent not be a member of the Party nor hold any title, function, or role
- +within the Party, the Chair of the Committee has the authority to prohibit the Respondent from
- +participation in any Party event, activity, or space both physical or digital and bypass a formal or
- +informal resolution process.
- +13.7 Investigation of a Complaint
- +13.7.1 The investigation of all complaints shall be impartial, timely, fair, and address all
- +relevant issues.
- +13.7.2 The investigation shall, whenever possible, be completed within 45 days of its beginning.
- +13.7.2.1 An investigation shall be considered started when an investigator or investigators have
- +been appointed.
- +13.7.3 Notwithstanding 13.7.2 The time frame may be extended with the agreement of the Complainant
- +and Respondent, or if justifiable circumstances prevent the full process being satisfactorily
- +completed within the time frame.
- +13.7.3.2 If the time frame is extended, the Complainant and Respondent shall be informed of the
- +revised time frame and the reasons for the extension.
- +13.7.4 In the event that there is a substantive agreement between the Complainant and the Respondent
- +and a willingness by the Complainant to proceed to an informal resolution as defined by this bylaw,
- +the investigation may be concluded.
- +13.7.5 Should the Complainant be unwilling to pursue an informal resolution, the investigation may
- +continue after the response and may include:
- +13.7.5.1 Interviews with the Complainant(s), Respondent(s), and relevant witnesses suggested by the
- +Complainant or Respondent(s);
- +13.7.5.2 Gathering of documents relevant to the complaint.
- +13.7.6 As part of any investigation:
- +13.7.6.1 Both the Complainant and the Respondent will be given an explanation of the processes used
- +to address complaints under this policy.
- +13.7.6.2 The investigator(s) may conduct interviews with parties involved, including the
- +Complainant, the Respondent, and witnesses.
- +13.7.6.3 Such interviews will take place with each party separately. Each party asked to participate
- +in an investigation (including witnesses) is entitled to have a support person present if desired.
- +13.7.6.4 The investigator(s) will comprehensively and accurately document all information obtained
- +during the interviews, including the parties involved, timing, location, and nature of conduct
- +reported or witnessed.
- +13.7.6.5 The investigator(s) will also document details about the interview such as the time,
- +nature, and parties present.
- +13.7.6.6 If the investigator(s) considers it appropriate for the safe and efficient conduct of an
- +investigation, then workplace participants, party members, or volunteers may be removed from their
- +duties or provided with alternative duties.
- +13.7.6.7 The investigator(s) or Chair of the Committee may order Respondents to have no contact with
- +a Complainant.
- +13.7.6.8 An investigation can be considered complete when it has collected sufficient evidence on
- +which to base a conclusion, or when the committee determines that such evidence does not exist.
- +13.7.6.9 The findings of the investigation will be reported to the Conduct Committee.
- +13.7.6.10 The Conduct Committee's conclusion as to whether violation of conduct has occurred will be
- +based on the evidence and on the balance of probabilities.
- +13.7.7 The investigator(s) will prepare a report for the Conduct Committee summarizing the
- +allegations, the steps taken during the investigation, and the evidence gathered. The report may
- +make findings of fact and recommendations for further action.
- +13.8 Informal Resolution Process
- +13.8.1 It is up to the Complainant to determine whether or not they wish to pursue an informal
- +resolution. The Respondent has no rights under this bylaw to insist upon an informal resolution.
- +13.8.2 An informal resolution has been achieved when:
- +13.8.2.1 A common understanding of the factual circumstances surrounding the complaint has been
- +established; and at least one of the following obtains:
- +13.8.2.1.1 The Respondent has taken responsibility for the offending behaviour and a behaviour
- +management plan has been established to prevent further offending behaviour to the satisfaction of
- +the Conduct Committee; and/or
- +13.8.2.1.2 The Respondent has undertaken any additional measures agreed to in the process (e.g.,
- +education, training, or restorative action); and/or
- +13.8.2.1.3 An apology has been given by the Respondent; and/or
- +13.8.2.1.4 The Complainant is satisfied that their complaint has been resolved.
- +13.8.2.1.5 The Complainant withdraws their complaint.
- +13.8.3 To achieve an informal resolution, the Conduct Committee may appoint a mediator. The mediator
- +must be familiar with this bylaw, have no conflict of interest, and be agreeable to both parties. If
- +both parties and the Conduct Committee cannot agree on a mediator after reasonable efforts have been
- +made, the matter will proceed to the formal resolution process, at which time the informal process
- +will end.
- +13.8.4 The mediator will be provided with the statements of both Complainant(s) and Respondent(s)
- +and any supporting documentation submitted by either.
- +13.8.5 Any communication between the Complainant and the Respondent proposed by the mediator must be
- +approved by the Complainant.
- +13.8.6 The Complainant may at any time ask that the matter proceed to a formal resolution, at which
- +time the informal process will end.
- +13.8.7 The mediator will make a report to the Conduct Committee of the terms of resolution (if
- +reached) to which the Complainant and Respondent have agreed.
- +13.8.8 Resolutions arrived at through informal resolution are not findings of guilt. The terms of
- +resolution are not subject to appeal. If new evidence is brought by either the Complainant or the
- +Respondent, a new complaint may be initiated.
- +13.9 Formal Resolution Process
- +13.9.1 A Complainant may choose to pursue a formal resolution to their complaint.
- +13.9.2 A formal resolution to a complaint includes:
- +13.9.2.1 An investigation which secures sufficient evidence so as to enable a finding of fact as to
- +whether the alleged behaviour occurred on the balance of probabilities; and
- +13.9.2.2 A determination regarding whether the behaviour constitutes misconduct; and
- +13.9.2.3 A recommendation of disciplinary or other action to the President of Federal Council; and
- +13.9.2.4 A comprehensive report which includes all evidence leading to the conclusions, a
- +description of the process, and any recommendations, delivered by the Conduct Committee to the
- +Federal Council.
- +13.10 Disciplinary Action
- +13.10.1 Possible outcomes of the investigation may include but are not limited to:
- +13.10.1.1 Disciplinary action against the Respondent, including but not limited to:
- +13.10.1.1.1 Suspension of volunteer duties and/or membership rights;
- +13.10.1.1.2 Revocation of candidacy for election or for Party office;
- +13.10.1.1.3 Exclusion from participation in any events, activities, or spaces, both physical and
- +digital, in which the Party has jurisdiction;
- +13.10.1.1.4 Probation;
- +13.10.1.1.5 Expulsion from the Party
- +13.10.2 A formal apology and undertaking that the behaviour will cease;
- +13.10.3 Conciliation or mediation conducted by an impartial third party where the parties to the
- +complaint agree to a mutually acceptable resolution; and
- +13.10.4 Restrictions on a member volunteering or working on a campaign or attending meetings or
- +social events for a defined period.
Constitutional Renewal Commission
Responsible for Developing a Proposal for the next Constitution of the Green Party of Canada
Changes at "Bylaw 13 Conduct and Discipline"
Title
Français
- +Bylaw 13 Conduct and Discipline
Français
- +26
Body
Title
Français
- +Bylaw 13 Conduct and Discipline
Français
- +26
Body
- +13.1 Scope
- +13.1.1 This bylaw applies to any event, activity, workplace, and spaces both physical and digital in
- +which the Party is an organizer, sponsor, or employer, and to guests and volunteers of the Party.
- +13.1.2 This bylaw applies to any representative of the Party, including but not limited to:
- +13.1.2.1 Members
- +13.1.2.2 Volunteers
- +13.1.2.3 Members of any committee of the Party
- +13.1.3 This bylaw applies at every level of the organization, including but not limited to:
- +13.1.3.1 Regional or Provincial Organizations and Alliances
- +13.1.3.2 Campaigns and Campaign Teams
- +13.1.3.3 Committees of the Party
- +13.1.4 This bylaw covers disciplinary and remedial action related to:
- +13.1.4.1 The Party's Constitution
- +13.1.4.2 The Party's Bylaws
- +13.1.4.3 The Party's Code of Conduct
- +13.1.4.4 Harassment and Discrimination
- +13.2 The Conduct Committee
- +13.2.1 The Conduct Committee shall be responsible for enforcing and carrying out this bylaw.
- +13.2.2 Members of the Committee:
- +13.2.2.1 Members shall be appointed by Federal Council except:
- +13.2.2.1.1 A position on the Conduct Committee which shall be reserved for a person whose
- +appointment is recommended by the Safe Spaces Committee;
- +13.2.2.2 Federal Councillors shall not make up more than one third (33 of the membership of the
- +committee;
- +13.2.3 The members of the Committee shall elect from among themselves a Chair.
- +13.2.4 The Conduct Committee shall be responsible for the collection of reports as specified in this
- +bylaw.
- +13.2.5 The Conduct Committee is empowered by this bylaw to investigate complaints.
- +13.2.5.1 The Committee or a member of the Committee shall conduct the investigation; or the
- +committee may delegate this responsibility to a member of the Party or qualified professional they
- +deem to have appropriate skills and expertise.
- +13.2.6 In the course of its duties the Committee may:
- +13.2.6.1 Request cooperation of any official in the Party;
- +13.2.6.2 Institute temporary measures for the duration of the investigation including:
- +13.2.6.2.1 Requiring a Respondent to have no contact with a Complainant or witnesses involved in the
- +investigation;
- +13.2.6.2.2 Prohibit participation in events, meetings, campaigns, or digital forums;
- +13.2.6.3 Request contact details of any person covered by this bylaw.
- +13.2.7 Disciplinary action may be taken against anyone who victimizes or retaliates against a
- +Complainant or a
- +Respondent. Likewise, disciplinary action may be taken against a Complainant who makes false claims
- +of discrimination or harassment under this bylaw.
- +13.2.8 Managers, supervisors, and others in leadership positions (such as members of the Federal
- +Council, directors of the GPC Fund, or executives in Electoral District Associations) who fail to
- +respond to a complaint or to impose penalties duly determined by this bylaw may be subject to
- +disciplinary action.
- +13.2.9 Failure to cooperate with the Committee in an investigation may be considered an actionable
- +offense under these bylaws.
- +13.3 Recognizing the therapeutic role of providing contemporaneous documentation of events and to
- +provide evidentiary value in the future for Complainants, this bylaw offers the option of depositing
- +a record.
- +13.3.1 A person (Reporter) may deposit a written personal account of their alleged experience of
- +harassment or discrimination.
- +13.3.2 A person (Reporter) may also deposit an account of events they witness of harassment,
- +discrimination, or other member misconduct.
- +13.3.3 All information recorded under this bylaw shall be kept secure and confidential.
- +13.3.4 No action shall be taken on these reports unless a complaint is initiated by the Reporter
- +within which the record has evidentiary value.
- +13.3.5 A Reporter may withdraw a deposited record unless and until it is included or referred to in
- +a complaint initiated by the Reporter.
- +13.3.6 Records deposited shall be destroyed according to the schedule of records retention observed
- +by the Party and in compliance with all laws and regulations to which the Party may be subject.
- +13.4 Complaints
- +13.4.1 Any person who considers they have experienced or witnessed an incident or course of
- +incidents of discrimination, harassment, or other misconduct within this bylaw's scope may make a
- +complaint.
- +13.4.2 In a complaint, the Complainant and the Respondent shall both have the option of engaging
- +personal support and/or legal representation through the complaint process at their own expense.
- +13.4.3 The Complainant has the right to discontinue a complaint at any stage of the process without
- +repercussions except any that may arise under Bylaw 13.2 The Respondent has the right to respond
- +fully to any allegations made in a complaint.
- +13.4.5 Complaints and responses will be considered confidential to the degree possible; information
- +shall only be conveyed to others where doing so is necessary to the process, to carry out any other
- +step as requested by the Complainant, or to ensure the safety of others.
- +13.4.6 There shall be no presumption of guilt and no determination made in relation to any complaint
- +until an investigation has been completed.
- +13.4.7 All complaints will be dealt with according to the principles of natural justice, which
- +obliges those making decisions to be free of bias in the matter in which they are deciding and
- +requires a fair hearing in which both Respondent and Complainant have the right to be heard and to
- +have equal and fair access to the process.
- +13.5 Making a Complaint
- +13.5.1 To initiate the complaint process, the Complainant should contact:
- +13.5.1.1 The Chair of the Conduct Committee;
- +13.5.1.2 The Executive Director of the Party or any member of Federal Council should any member of
- +the Committee be implicated in the complaint in any way;
- +13.5.2 The Complainant will submit, orally, in writing, or through an intermediary:
- +13.5.2.1 a statement of complaint which includes details of any relevant actions or events,
- +including dates, times, and places;
- +13.5.2.2 the names of potential witnesses;
- +13.5.2.3 the impact of the actions and events on them.
- +13.5.2.4 supporting documentation
- +13.5.3 The Respondent will be informed that a complaint has been made, will be given the statement
- +of complaint and will be referred to this bylaw.
- +13.5.4 Both the Complainant and the Respondent will be given an explanation of the processes used to
- +address
- +complaints under this bylaw.
- +13.5.5 Both the Complainant and Respondent will be advised of their right to seek support services
- +at their own cost.
- +13.5.6 The Respondent will have opportunity to respond, orally, in writing, or through an
- +intermediary, to the allegations made and this response will be made available to the Complainant.
- +13.5.7 The Complainant will meet with representatives of the Conduct Committee to confirm that they
- +wish to persist in the complaint and, if so, that they wish to pursue an informal or a formal
- +resolution to the complaint.
- +13.6 Decision to Start a Complaint
- +13.6.1 The Chair of the Committee shall determine if a complaint is within the jurisdiction of the
- +Committee and if the complaint is an actionable offense.
- +13.6.2 Should the Respondent not be a member of the Party nor hold any title, function, or role
- +within the Party, the Chair of the Committee has the authority to prohibit the Respondent from
- +participation in any Party event, activity, or space both physical or digital and bypass a formal or
- +informal resolution process.
- +13.7 Investigation of a Complaint
- +13.7.1 The investigation of all complaints shall be impartial, timely, fair, and address all
- +relevant issues.
- +13.7.2 The investigation shall, whenever possible, be completed within 45 days of its beginning.
- +13.7.2.1 An investigation shall be considered started when an investigator or investigators have
- +been appointed.
- +13.7.3 Notwithstanding 13.7.2 The time frame may be extended with the agreement of the Complainant
- +and Respondent, or if justifiable circumstances prevent the full process being satisfactorily
- +completed within the time frame.
- +13.7.3.2 If the time frame is extended, the Complainant and Respondent shall be informed of the
- +revised time frame and the reasons for the extension.
- +13.7.4 In the event that there is a substantive agreement between the Complainant and the Respondent
- +and a willingness by the Complainant to proceed to an informal resolution as defined by this bylaw,
- +the investigation may be concluded.
- +13.7.5 Should the Complainant be unwilling to pursue an informal resolution, the investigation may
- +continue after the response and may include:
- +13.7.5.1 Interviews with the Complainant(s), Respondent(s), and relevant witnesses suggested by the
- +Complainant or Respondent(s);
- +13.7.5.2 Gathering of documents relevant to the complaint.
- +13.7.6 As part of any investigation:
- +13.7.6.1 Both the Complainant and the Respondent will be given an explanation of the processes used
- +to address complaints under this policy.
- +13.7.6.2 The investigator(s) may conduct interviews with parties involved, including the
- +Complainant, the Respondent, and witnesses.
- +13.7.6.3 Such interviews will take place with each party separately. Each party asked to participate
- +in an investigation (including witnesses) is entitled to have a support person present if desired.
- +13.7.6.4 The investigator(s) will comprehensively and accurately document all information obtained
- +during the interviews, including the parties involved, timing, location, and nature of conduct
- +reported or witnessed.
- +13.7.6.5 The investigator(s) will also document details about the interview such as the time,
- +nature, and parties present.
- +13.7.6.6 If the investigator(s) considers it appropriate for the safe and efficient conduct of an
- +investigation, then workplace participants, party members, or volunteers may be removed from their
- +duties or provided with alternative duties.
- +13.7.6.7 The investigator(s) or Chair of the Committee may order Respondents to have no contact with
- +a Complainant.
- +13.7.6.8 An investigation can be considered complete when it has collected sufficient evidence on
- +which to base a conclusion, or when the committee determines that such evidence does not exist.
- +13.7.6.9 The findings of the investigation will be reported to the Conduct Committee.
- +13.7.6.10 The Conduct Committee's conclusion as to whether violation of conduct has occurred will be
- +based on the evidence and on the balance of probabilities.
- +13.7.7 The investigator(s) will prepare a report for the Conduct Committee summarizing the
- +allegations, the steps taken during the investigation, and the evidence gathered. The report may
- +make findings of fact and recommendations for further action.
- +13.8 Informal Resolution Process
- +13.8.1 It is up to the Complainant to determine whether or not they wish to pursue an informal
- +resolution. The Respondent has no rights under this bylaw to insist upon an informal resolution.
- +13.8.2 An informal resolution has been achieved when:
- +13.8.2.1 A common understanding of the factual circumstances surrounding the complaint has been
- +established; and at least one of the following obtains:
- +13.8.2.1.1 The Respondent has taken responsibility for the offending behaviour and a behaviour
- +management plan has been established to prevent further offending behaviour to the satisfaction of
- +the Conduct Committee; and/or
- +13.8.2.1.2 The Respondent has undertaken any additional measures agreed to in the process (e.g.,
- +education, training, or restorative action); and/or
- +13.8.2.1.3 An apology has been given by the Respondent; and/or
- +13.8.2.1.4 The Complainant is satisfied that their complaint has been resolved.
- +13.8.2.1.5 The Complainant withdraws their complaint.
- +13.8.3 To achieve an informal resolution, the Conduct Committee may appoint a mediator. The mediator
- +must be familiar with this bylaw, have no conflict of interest, and be agreeable to both parties. If
- +both parties and the Conduct Committee cannot agree on a mediator after reasonable efforts have been
- +made, the matter will proceed to the formal resolution process, at which time the informal process
- +will end.
- +13.8.4 The mediator will be provided with the statements of both Complainant(s) and Respondent(s)
- +and any supporting documentation submitted by either.
- +13.8.5 Any communication between the Complainant and the Respondent proposed by the mediator must be
- +approved by the Complainant.
- +13.8.6 The Complainant may at any time ask that the matter proceed to a formal resolution, at which
- +time the informal process will end.
- +13.8.7 The mediator will make a report to the Conduct Committee of the terms of resolution (if
- +reached) to which the Complainant and Respondent have agreed.
- +13.8.8 Resolutions arrived at through informal resolution are not findings of guilt. The terms of
- +resolution are not subject to appeal. If new evidence is brought by either the Complainant or the
- +Respondent, a new complaint may be initiated.
- +13.9 Formal Resolution Process
- +13.9.1 A Complainant may choose to pursue a formal resolution to their complaint.
- +13.9.2 A formal resolution to a complaint includes:
- +13.9.2.1 An investigation which secures sufficient evidence so as to enable a finding of fact as to
- +whether the alleged behaviour occurred on the balance of probabilities; and
- +13.9.2.2 A determination regarding whether the behaviour constitutes misconduct; and
- +13.9.2.3 A recommendation of disciplinary or other action to the President of Federal Council; and
- +13.9.2.4 A comprehensive report which includes all evidence leading to the conclusions, a
- +description of the process, and any recommendations, delivered by the Conduct Committee to the
- +Federal Council.
- +13.10 Disciplinary Action
- +13.10.1 Possible outcomes of the investigation may include but are not limited to:
- +13.10.1.1 Disciplinary action against the Respondent, including but not limited to:
- +13.10.1.1.1 Suspension of volunteer duties and/or membership rights;
- +13.10.1.1.2 Revocation of candidacy for election or for Party office;
- +13.10.1.1.3 Exclusion from participation in any events, activities, or spaces, both physical and
- +digital, in which the Party has jurisdiction;
- +13.10.1.1.4 Probation;
- +13.10.1.1.5 Expulsion from the Party
- +13.10.2 A formal apology and undertaking that the behaviour will cease;
- +13.10.3 Conciliation or mediation conducted by an impartial third party where the parties to the
- +complaint agree to a mutually acceptable resolution; and
- +13.10.4 Restrictions on a member volunteering or working on a campaign or attending meetings or
- +social events for a defined period.