Those At The Top Just Aren't Doing Their Jobs - Part 2

Continuing with the theme of my previous post, another institution whose leadership frequently fails the public that it is sworn to protect and serve is that of law enforcement. Stories abound of police abuse of their authority, and yet it seems increasingly rare to see a public accounting for that abuse.

While the 2010 Toronto G20 Summit is probably the worst example of unaccountability in recent memory, with the man the at the top, Bill Blair, accepting no responsibility for the terrible violations of citizen rights that took place, there is a plethora of other, less dramatic cases that seldom see the light of day. A recent Toronto Star investigation revealed some disturbing facts about widespread concealment of police misconduct:

A Durham cop was caught on video threatening to beat up a man and plant cocaine on him, behaviour that prompted a Superior Court judge to say the officer “committed several criminal offences in the course of his duties.”

A Toronto officer refused to help his partner arrest an off-duty cop for drinking and driving.

Seven Ontario Provincial Police constables made fake notebook entries claiming they were conducting a RIDE check to catch drunk drivers when they were really hanging out at Tim Hortons.

All of these officers were disciplined under a secretive informal process that is supposed to be used only for cases that are not of a serious nature, an ongoing Star investigation has found. Critics say this is serious misconduct that should have been aired in a public hearing.

This bizarre culture of concealment means that for the most part, the offenders' names and actions are kept from the public, and after two years of good behaviour, the misconduct must be scrubbed from the offending officer’s employment record, according to the Police Services Act, which governs policing in Ontario.

Like the officials profiled in Part 1, the people at the top have much influence over what is concealed and downplayed, thereby distorting the public's perception of both the force and those at the top of that force:

Under Ontario’s Police Services Act, a chief can choose to handle a discipline matter through informal resolution if she is of the opinion the misconduct “was not of a serious nature.”

Although these 'in-house' proceedings are meant to deal only with minor matters, the record reveals they are used to hide some pretty serious matters, with the Peel constabulary having a rather unenviable record:

In the last five years alone, 640 Peel officers — roughly 30 per cent of the force — have been sanctioned under the secretive system, some multiple times. The OPP, a force three times the size, informally disciplined almost the same number of officers over that time period.

While the police insist on the efficacy of these tribunals, the glaring and uncomfortable fact is that names and offences are kept secret, thereby obviating the crucial component of public accountability.

The Star investigation lists numerous examples of misconduct dealt with secretly, but this video of Constable James Egdon is perhaps emblematic of how serious transgressions can be swept under the rug:

In a 2015 decision, a Superior Court judge ripped into Const. Ebdon’s conduct, calling it “reprehensible.”

“The evidence establishes that Constable Ebdon committed several criminal offences in the course of his duties,” Justice Laura Bird said in her decision.

“Const. Ebdon showed a staggering lack of appreciation for the seriousness of his conduct. Perhaps that is not surprising in light of the fact that the only penalty that was imposed on him by the Durham Regional Police Service was the loss of 24 hours pay.”

Because he was disciplined informally, Ebdon’s misconduct wasn’t required to be disclosed in a court case where he testified as an officer — a fact the judge called “concerning.” Durham police will not publicly discuss Ebdon’s case.

The final word goes to Alok Mukherjee, former chair of Toronto Police Services Board.

During Mukherjee’s tenure on the police board, which provides civilian oversight the Toronto force, he said groups of officers were informally disciplined for removing their name tags during the G20 and turning off their in-car cameras — what he calls serious offences that undermine police accountability and integrity.

“My fear is that an impression is created that the discipline is not serious,” he said. “The next person who does that (misconduct) will act knowing that his matter is not serious.”

As I titled this post, those at the top just aren't doing their jobs.

Those At The Top Just Aren't Doing Their Jobs - Part 1

Probably everyone has encountered those who vie for the top positions in an organization; with their eyes always on the prize, they are the ones who see each job within as a stepping stone to something much greater: a management position that entails both a very high salary and a very large set of responsibilities. Unfortunately, once attained, the burden of those responsibilities lead some to dodge them, especially if there is a chance that doing their jobs with integrity and vigor will either compromise or impede their career prospects for even greater position and authority.

The ruling ethos among some of the higher echelon today is that protecting one's rear flank and not rocking the boat or causing headaches for others is the mark of good leadership.

Having met enough of this ilk during my teaching career, I suppose I am rather sensitive to any action or inaction that bespeaks failures of personal integrity and courage, failures that ultimately compromise the mission of the institution or organization. No group is immune to what my friend Dom calls "the resume polishers."

That this kind of career self-preservation and advancement is alive and well is suggested, in my view, by two stories recently in the news. The first involves a fifth estate investigation into a series of sexual assaults that took place at the University of British Columbia. The identity of the perpetrator was brought to the attention of the school administration by a number of women, but absolutely nothing was done for a very long time:

It took the University of British Columbia more than a year and a half to act against a grad student, despite mounting complaints of harassment or sexual assault by at least six women on campus. The women say Dmitry Mordvinov, a 28-year old PHD student in the history department, committed a wide range of offensive acts against them from inappropriate touching to sexual assault. Mordvinov was quietly expelled and told the fifth estate he's appealing.

Should you get a chance to view the above story, you will learn that Mordvinov's expulsion came only after an unconscionably long period, since the school's administration dismissed the first complaint, telling the woman involved that since it happened off-campus, it was essentially not their concern. When the number of complainants grew to six, officials

urged mediation between the female students and their alleged attacker, which the women refused.

"I don't want to sit in a room with this student," said Cunningham [one of the victims]. "And I don't think it's appropriate for assault, especially sexual assault, that you sit in a room … and have a mediation."

It didn't end there:

But Kaitlin Russell, a former executive in the history graduate students' association, said UBC is failing to protect women on campus.

She was one of the students who led a campaign calling for the department to protect the physical and psychological safety of students and take action against harassment — only to be rebuffed by administrators who said the "unsubstantiated allegations" would "sow fear and suspicion."

And the conspiracy to suppress the truth, seemingly endemic among UBC officials, continued:

Glynnis Kirchmeier says that when she approached UBC's Equity Inclusion Office with concerns about Mordvinov, she was told in effect by conflict manager Monica Kay to keep quiet.

"We can't have you guys tell anybody or talk about this or say that there's … a problem, because that's like if people know there are snakes in the grass but they can't see the snakes, they'll get really afraid," she says Kay told her.

But the women persisted:

Then in March 2015, when history students presented a petition for action to department head Tina Loo, she told them in an email that it was "potentially problematic legally because of the allegations of harassment it contained."

Russell, the former student executive, was shocked at what she says Loo later told them in an face-to-face encounter.

"She said that she could not allow us to present the statement" at a department meeting, Russell said, because the petition "was politically inflammatory and was endangering to the department."

Russell said, "She said that she would shut us down."

In a response to the fifth estate, Loo insisted "the suggestion that I tried to keep students from speaking publicly is wrong."

But she acknowledged she told the women "unsubstantiated third-party allegations … can sow fear and suspicion among students" and that the petition "could be viewed as defamatory."

The only person who seems to have behaved with any integrity in this sordid matter is veteran history professor Paul Krause, who wrote a blistering online article about the culture of concealment at the university, a culture that almost cost him his job about 20 years previously, as you will learn if you read his piece.

About the frustrations that the six women faced in trying to have the grad student dealt with, Krause had this to say:

"The damage is that we send out a signal that we have abandoned them, that we don't care about them. And that the corporate brand of UBC and of the care that we give to it in the public arena is more important than signalling to our students, we care about you, we're going to make sure you have a safe place."

That observation, it seems to me, comes closest to getting to the heart of the matter: brand protection, and by extension, career protection. He or she who handles situations quietly, with minimal fuss and publicity, is the one whose job is safe and whose career trajectory will continue unimpeded.

In Part 2, I will discuss another organization where handling things 'in-house' offers the same benefits and rewards.