Wednesday, November 9, 2011

Workplace Misconduct

After forty-six years on the job, Penn State head football coach Joe Paterno is fired, because he failed to report to the police alleged sexual abuse of young boys by an assistant no longer working under him.  Apparently, he did report the situation to his superior, the athletic director.  Maybe there's more to it, but this seems a bit harsh.

What do you normally do when you become aware of improper/possibly illegal conduct in the workplace?  You evaluate the source and bring it to the attention of your superior.  He may or may not act on it; but how far does your responsibility go if he doesn't?  Do you go to his boss?  Do you go to Human Resources?  When do you take it upon yourself to contact the police?

Over the years, I've witnessed lots of improper conduct.  Not assaults on children, but claims of sexual harassment,  prohibited sexual use of e-mail, violations of  labour laws, dishonest competitions, etc.  I've taken these up with my superior.   He, in turn, may take them up with his superior, with personnel, or ignore them.  Doing more may invite some risk.

A co-worker once complained to me that she wasn't being paid overtime for hours worked in a week after forty-eight, as required by the Ontario Hours of Work Act.  I asked my boss about it and was told it was none of my business.  I brought it to the attention of the Employment Standards Branch of the Ministry of Labour, who said they didn't believe me, and only the victim could file a complaint anyway.  I contacted the Canadian Labour Congress about union representation and told the staff what was going on.  I was fired, although my employer said that I quit.  I was disqualified from receiving unemployment insurance benefits for having "quit".  It may seem humorous today, but filing complaints is a tricky business.

I've participated on employment interview panels, where it was obvious that a candidate had been given  answers in advance.  I once brought this to the attention of my boss, making him quite unhappy, because the person in question was the best friend of his assistant, who had typed the questions.  A waste of time, but it was a public service position.            

Claims of unwanted sexual attention are usually dealt with by a discussion with the parties involved, some direction as to future conduct, and possibly a reprimand.  They are not always clear cut; one party pleads innocence; and they end up being monitored for future behaviour.

Republican Presidential candidate Herman Cain insists that four complaints of sexual harassment brought against him are all false, and that he can't recall the incidents, although there were financial settlements in two of the cases.  Those coming forward are now subject to additional harassment and hate mail.  Making any form of  negative allegation against those in more powerful positions is always perilous. They tend to be believed or the issue is dismissed to the accuser's detriment.

So we'll see what happens to Joe Paterno.  If he didn't report the situation when he first knew about it, he would be failing his responsibility and deserves to be fired.  But if he reported it and trusted others in higher positions to follow through, I have sympathy for him..  

8 comments:

  1. I appreciate your past experiences Vince, you are truly an admirable man who has taken a moral stance on more than one occasion. Sometimes you paid a high price, such as job loss and other times you had the satisfaction of being an activist and coming to the aid of others who needed it.
    Some workplace issues can be resolved simply by reporting them to your superior, while others must be followed up, even at the risk of your position or job. The sexual exploitation of children is such a situation. If he did report it to his superior and he did nothing then Mr. Paterno was obliged to go to higher up. We are talking about children here and we must provide safety and security for those who cannot provide it for themselves. Just reporting it and then sitting back and saying," well, I did report it" is a way of saving your own skin and involves no risk. The highly evolved individual would take the risk and do the right thing.

    ReplyDelete
  2. Maybe Joe Paterno should have done more and he admits this. I think that he did what people normally do in these situations who are being responsible: took the matter to his superior for investigation. I think others knew about this and should have come forward. Unless there is more to this, I still think he is being treated harshly.

    Four women have come forward about sexual harassment from Herman Cain. They open themselves up as targets for attack; and Herman Cain still stands on the stage running for President. What's the message here? Why don't the other Republican candidates speak out against this? It's easy to tell others to do the right thing; harder when you know that you'll bear the cost.

    ReplyDelete
  3. Some people are saying that he was a fatherly figure, so when the people who should have reported to him did, they kind of glossed over it a bit, because they were embarrassed. Still, there was a coach that reported the stuff that was going on to him in the showers.... I see all else as an excuse. This should have been dealt with whether it's 1999 or 1799.

    Good on you for taking a stand even if you lost your job.

    ReplyDelete
  4. The reason I'm sticking up for Joe Paterno is that I think he is being held to a higher standard than the rest of us. Maybe more will come out to change my mind. He may be a famous coach, but in the end he probably operates as a pretty ordinary guy.

    ReplyDelete
  5. I share to your blog to my twitter. By regards Wholesale Printing And Printing Workflow Software

    ReplyDelete
  6. Thank you for sharing your blog with me Vince. I have gone round and round with this, and the single most profound "conversation" that I have had about this was with a survivor of childhood rape who cannot forgive Joe Paterno, and helped me to see why. I tend toward forgiveness for him, and many say that is because I am blinded by my own adoration of him as the coach of my own alma mater. I cry while i write this, i am so saddened as you know, by this whole situation. I know that my sadness pales in comparison to the abuse these kids suffered, and yet I do think coach Paterno was a good man who mad e a catastrophic mistake. I believe this mistake ultimately cost him his life, as well as his job. I believe he died, first and foremost, of a broken heart. I think he is being held to a higher standard precisely because of who he was; he had an enormous amount of power and authority at PSU, and if he had spoken out about this beyond his requirement to report to his superior, I believe he would have been taken very seriously, and could have stopped this tragedy from reoccurring. He IS and WAS held to a higher standard by many, and, I think, we all should be. If this whole situation does anything good, I hope it teaches us all that.

    ReplyDelete
  7. ...that in instances of children, we must risk it all to speak out, and get to the truth. Thank you for being the thoughtful man that you are, I am honored to cross paths with you.

    ReplyDelete
  8. and at the same time, he did what was required and perhaps trusted his superiors to take it from there. I think I am okay with defending him and feeling he could have done more simultaneously, however paradoxical that may be. So sad.

    ReplyDelete