MCC responses to questions, September 2024

While writing the article, "MCC accused of inadequate response to sexual assault allegation in Mozambique," Canadian Mennonite sent questions to Mennonite Central Committee (MCC) via email. Some of the responses are, of course, quoted in the article. Below are the complete replies sent on September 16 by Laura Kalmar, interim senior director of advancement for MCC Canada. Some questions sent by Canadian Mennonite did not receive specific responses but would be largely covered by the response to the first question below.  -Eds.

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1.Can you please provide me, on a confidential basis, with MCC’s policy related to sexual assault and/or sexual misconduct. I would use this for background and context only.

MCC cannot lawfully discuss the details of personnel issues, either past or present. However, we can say that some past cases would likely be handled differently today, given our current policies and processes.

As with all institutions, MCC’s policies and protocols are not stagnant. Over the past five years, with the advent of the #MeToo movement and the COVID-19 crisis, MCC, like many organizations, has made significant changes. Our policies, practices and processes have grown and evolved with the times and the needs of those we serve. Over the past five years, we have made significant changes to the way we approach safeguarding within MCC.

Beginning around 2019, there was a significant shift in how MCC approached workplace safety.  MCC began working more wholistically to change our approach to safeguarding employees through evaluating best practices and ensuring that all changes were consistent with our organizational values. The named situation in the upcoming CM article occurred during this process of change. While COVID-19 resulted in delays in laying some of the necessary groundwork, MCC in the following years implemented major changes in our HR policies and processes.

MCC continues to make changes in our ongoing processes and work, along with significant investments in building expertise into our program and HR teams to support managers. For example, we now have an explicit PSEAH [Prevention of Sexual Exploitation, Assault and Harassement] policy (finalized in 2024), a Safeguarding Coordinator role in International Program, a Protection Coordinator role in HR, a formal process for how we investigate a reported concern (finalized in March 2023), staff training around PSEAH at every staff orientation, and “focal points” (named staff) in each country or region to whom reports can be made.  As well, MCC’s Speak Up Service was launched in 2022 and will receive a process review in the coming six months.

Our PSEAH policy, introduced in 2024, lays out the steps for investigating a claim and what a person can expect from an investigation. Current policy lays out definitions of informed consent, a commitment to victim-survivor care, requirements for appointing “focal points,” and criteria for when we report to law enforcement.

We are still in the early phases of this work and continue to learn and grow.

Over the past two years, MCC has hired two different external firms to engage employee concerns as a means of ensuring a careful independent review when the employees involved felt they were not heard. MCC will continue to utilize external resources as needed. 

2.Does MCC have a policy, practice or comment related to informing victim-survivors of sexual assault about the disciplinary measures taken in relation to the perpetrator of the assault? If so, what is the policy, practice or comment? If an accusation of sexual assault against an MCC worker was deemed by MCC to be credible, would the perpetrator be terminated? If not, what would be the consequence for such a person?

The case management team does a thorough analysis of the facts and evidence, then decides whether a report is founded, unfounded or inconclusive. If it is founded, the team identifies corrective or disciplinary action resulting from the findings. This could involve things such as mandated training or counselling, a leave of absence, suspension, or termination.

It is standard practice for these corrective or disciplinary actions to remain confidential between HR personnel and the named person, and not shared with others, unless those actions directly impact another person. For example, we may direct someone to not be in proximity with another person, so we would let the person know so they could report violations.

Following an investigation, we also provide support services to victim-survivors, so those involved can receive the help they need and come to a place of healing.

3. Has MCC ever terminated (with cause) an employee or worker specifically because of an accusation of sexual misconduct? [NOTE: This was not a question posed to MCC by Canadian Mennonite.]

MCC does not terminate individuals based upon allegations. Should a claim be investigated and found to be true, then termination of the perpetrator would be one possible course of action.

In the past, MCC has terminated employees for sexual misconduct; this would also include a failure to abide by MCC’s Standard Code of Conduct. We are not free to share specific data around these terminations.

4. Even if a lawyer says courts would likely not consider a case sexual assault or rape, if a worker still insists that assault took place and that she has suffered considerably as a result, what further moral/ethical/HR responsibility does MCC have to such a person?

The criminal courts assess evidence under a specific legal standard. Even if a lawyer were to advise that the evidence under that standard would likely not lead to a conviction on a criminal charge, this changes nothing about MCC’s responsibilities to such a person. MCC’s current policies outline our approach to PSEAH, which includes a victim-survivor centered approach. As our policy states, “we will ensure the full provision of support and assistance to those who have been harmed by sexual exploitation and abuse. This may include medical treatment, legal assistance and psychosocial support as appropriate and according to the desires and needs of the victim-survivor, while taking into account confidentiality, cultural sensitivities and victim-survivor safety.”

5. With respect to transparency, would MCC consider establishing a public platform comparable to the WHO’s “Sexual Misconduct and Abusive Conduct Investigations Dashboard”? 

MCC will be in a better position to talk about follow-up steps once our internal investigation into a current complaint and litigation [related to John Clarke and Anicka Fast, as later clarified via phone by MCC] are complete.

6. Does MCC provide annual prevention of sexual exploitation and assault training to all staff and partners?

PSEAH (Prevention of Sexual Exploitation, Abuse and Harassment) training is required for all staff. In addition, staff members who are serving in other countries and cultures are provided with a comprehensive orientation to help them better understand and navigate cultural differences.

7. What steps toward resolution, healing and change has MCC taken?

“We fully accept our role as stewards of the ministry that God has given to MCC,” say Rick Cober Bauman and Ann Graber Hershberger. “This includes overall responsibility to care for our people and to monitor and shape culture.”

• Rick Cober Bauman and Ann Graber Hershberger have begun a broader conversation among Anabaptist agency leaders to explore how Anabaptist theology speaks into practices related to personnel. We have not always done the deep work of analyzing what we have adopted from contemporary society in light of what Jesus calls us to in creating healthy people and culture in our agencies. We are working toward a broad conversation that will enrich all of us in Anabaptist churches and organizations.
• MCC is planning to review our Speak Up Service with the help of trained external consultants. The Speak Up consultants and our own restorative justice staff are providing input on the appropriate application of restorative justice approaches to our HR processes. This work is just beginning. 
• We will follow up on a whole staff survey done in 2022 on barriers to reporting abuses of power by offering focus groups to understand more deeply the themes that emerged in the survey results. We plan to audit, map and analyze MCC policies related to staff interactions of all kinds.
• As we hire an increasing number of staff from outside Canada and U.S. and deal with multiple and changing international employment laws, we are significantly growing our human resources staffing in international settings. We have just created the role of an international human resources director who will eventually be located outside Canada and the U.S. We are also following through on our commitment to place an HR professional in every international region where we work to deal with the often complex and varied needs of these regions. These additional staff in international settings allow for much stronger worker care and support. We are also increasing staffing by adding a position with MCC U.S. to respond to reports of abuses of power.
• We have recently expanded our Employee Assistance program for workers in international settings to provide better services, including a more robust network of service providers and an increased number of counselling sessions for staff members and their families.
• MCC is also exploring the creation of a third-party listening space for those with concerns, similar to the Office of an Ombudsperson.

8. What is MCC’s comment with respect to the call for a broad, open, independent, 3rd party investigation, with a public report, into terminations and other allegations? 

We are waiting for the report from the third-party investigation on the specific complaint from John Clarke and Anicka Fast. In addition, we will participate in a hearing called by the Quebec Labour Board, which will address the claims made. Once we have the results of these processes, we can determine what further steps might be needed.