Employee Alleged Harassment Case - Chad Kelly

["Issues"Mcgee]

Sorry.
I thought it was self evident that if she were being sexually harassed at her job that she wouldn't want to keep her job as an outcome of this suit.

I'm with you.

It's astonishing how some people here are already convicting Kelly of wrongdoing and Pinball of mismanaging team culture.

Some people would abandon their own friends and family over a news article.

[paulwoods13]

Sorry.
I thought it was self evident that if she were being sexually harassed at her job that she wouldn't want to keep her job as an outcome of this suit.

OK, so if you had a job you loved, and someone sexually harassed you, you would be fine with giving up the job rather than expecting your employer to put a stop to the harassment? The victim should get doubly victimized while the perpetrator gets to carry on?

And for the record, since it apparently needs to be said, I don't know anything about what actually happened before this suit was filed. There might be many wronged parties, there might be many parties in the wrong, there might be no wronged parties, or no one in the wrong. But some of the stuff I'm reading here seems to suggest that the complainant should have found another way to resolve whatever issues she had rather than file a lawsuit. Maybe she tried other approaches, maybe she didn't. Like all of us, she is entitled to seek a remedy through the courts if she feels it's the best way to proceed. The court will make a determination, if it ever gets to the stage of an actual trial.

[RB957]

This is the worst possible news for an organization that was just possibly starting to make some kind of a break through in the sports market in the city.

What troubles me most, just based on what has been reported, is how the organization handled this. It seems to me, that if it had been handled better from the outset, a lot of this could have been avoided. It just confirms to me that it doesn't matter what any organization prints or publishes as its "values", unless its employees, and more importantly supervisors and managers, are willing to act and do the right thing. There is an old saying that says "there is no right way to do the wrong thing".

On the issue of the wrongful dismissal suit... this employee was on a contract. If I understand the complaint, her contract was not renewed. This happens in the sports industry, and I guess it would depend if the general practise is that contracts are renewed at the end of each year as a matter of course, but hers wasn't. I am no expert on labour law, but it is not the same as being terminated without cause in the middle of the contract. Because she was allegedly relieved of some duties beforehand, she might be arguing that she was constructively dismissed. But in essence, I think the harassment element has been entered as the reason for the contract not being renewed. As someone has already said, trying to sweep things under the carpet. That is never going to work, especially in today's climate, nor should it. This whole situation was completely mismanaged, and the price that will be paid will be much more than any settlement of the lawsuit.

[matthew]

it’s depends on their policy, TSN said as much in their story.

[matthew]

if this comes out that the “we are family org” really did handle this in the way it’s alleged, it’s bad, really bad. and this guy had a gf he always referred to in interviews (local girl too i recall) so lots of damage here.

[bluto]

OK, so if you had a job you loved, and someone sexually harassed you, you would be fine with giving up the job rather than expecting your employer to put a stop to the harassment? The victim should get doubly victimized while the perpetrator gets to carry on?

No, of course not. I just re-read what you'd posted and it still seemed to me like you were implying that the purpose of this suit was so that the Accused could keep their job.
I mistook what you'd meant.

If I were to suppose what the purpose of the suit is, I'd say that it doesn't seem like money is the goal since the amount is a trifling. So I think that it's more likely to make a point of some sort. Under this presumption, had any real threats been made, I doubt the Accuser would have hesitated to contact (or had their representatives contact) Toronto Police Services. Because of that, I'm taking any allegations of physical safety in the workplace with a (big) grain of salt.

And for the record, since it apparently needs to be said, I don't know anything about what actually happened before this suit was filed. There might be many wronged parties, there might be many parties in the wrong, there might be no wronged parties, or no one in the wrong. But some of the stuff I'm reading here seems to suggest that the complainant should have found another way to resolve whatever issues she had rather than file a lawsuit. Maybe she tried other approaches, maybe she didn't. Like all of us, she is entitled to seek a remedy through the courts if she feels it's the best way to proceed. The court will make a determination, if it ever gets to the stage of an actual trial.

I've never suggested that the Accuser not file a suit (if that's how you take my posts, not saying that you do).

Only that They could have accomplished their goal of a settlement by engaging their legal representative to contact MLSE/Argo legal. There is a 0% chance that an approach of this nature (and the likelihood of a public relations catastrophe) would be ignored.

So if it is likely that they could have gotten an easy settlement of the amount they are suing for (which I'm saying it is), then going to the Media first makes me raise an eyebrow.

[matthew]

Total BS that the media can name the accused but not the accuser.

it depends on their internal policy. TSN said as much in their story.

[kellynjk]

Well we'll have to see more of the details of what happened, the timing and who was involved to get a better picture of the situation, but as others have noted, Argos management has really mismanaged this whole thing. I have no doubt that MLSE has protocols in place for all of their teams to file a complaint about an employee etc. and if the information in the TSN article is correct, it's baffling that no-one in the Argos management started this process, especially as it sounds like the woman not only raised concerns, but others in the organization witnessed some of Kelly's behaviour. Things might have been satisfactorily resolved if the Argos has done this.

While it's true the woman was on contract and therefore the Argos had the right to not renew the contract, the fact that the Argos didn't directly address this issue or trigger an investigation or complaint once she raised concerns looks bad. On top of that, they suggested she not teach a class and go home on one or more occasions, certainly gives the impression that the Argos were not only trying to sweep everything under the carpet, but also coddling Kelly instead of looking into what happened and dealing with it.

[kellynjk]

This is obviously super ugly. They could suspend Kelly now and call in an independent reviewer without affecting Kelly's availability to play in the season, if he is found innocent. The Argos need to find an experienced backup QB because even if innocent Kelly has not shown he handles pressure well in the playoff game. While I like Cameron Dukes, it may be too much to expect him to carry the team if things go wrong with this. It also raises the question of Kelly's ability to handle pressure which is going to be greater than what we saw in the playoff game when he wilted. I hope this works out for the Argos and Kelly, but a lot of damage has already done to a team that seemed to finally break through to Toronto with a crowd of 25,000+ showing up for the playoff game. Another sad effect will be on the ability to attract women to Argo games.

I would also like to see the Argos build some more depth at quarterback, beyond Kelly and Dukes. Kelly is very talented (we all witnessed that last season) but I do question his maturity and judgement and wonder how he will respond with the greater pressure he will have this season. He certainly didn't handle the pressure of the Eastern Final last season. Who knows how all of this will work out, but it makes me nervous that the Argos have built the team around Kelly and would feel better if they had a bit more depth at quarterback.

[Shatto]

Civil suits don't move that quickly. If this is not settled out of court, it will be before the courts long after this season gets under way.

This is another reason why MLSE may try to reach a settlement before the season begins. The settlement would in all likelihood include a non-disclosure agreement.

[ARGOMAN 27]

BO LEVI on his way..down the QEW.

[paulwoods13]

People seem to know, or claim to know, a lot more than has actually been reported. Who is to say the complainant "went to the media" rather than have her lawyers approach MLSE directly? I'd wager that no one on this forum has any info on what happened before, during or after the events that are alleged to have happened. And again, I will remind everyone that civil suits are a matter of public record. Westhead might have been tipped off to the suit by anyone who knew about it, even a friendly clerk in the courthouse. Or he could have simply looked at all recently filed lawsuits and stumbled upon this. More than one journalist over the years has done that simple act of digging through what's available.

[OV Argo]

People seem to know, or claim to know, a lot more than has actually been reported. Who is to say the complainant "went to the media" rather than have her lawyers approach MLSE directly? I'd wager that no one on this forum has any info on what happened before, during or after the events that are alleged to have happened. And again, I will remind everyone that civil suits are a matter of public record. Westhead might have been tipped off to the suit by anyone who knew about it, even a friendly clerk in the courthouse. Or he could have simply looked at all recently filed lawsuits and stumbled upon this. More than one journalist over the years has done that simple act of digging through what's available.

Yep : bang-on Paul.

Best to wait till more info comes out before reaching any judge & jury decisions.

Still, this is a potential very ugly & shiny black-eye for both the Argos and the CFL. I'm very discouraged and disappointed by this news.

[Joe Barnes]

Total conjecture on my part, but I wonder if these (alleged) events had any influence on AJ Ouellette not resigning with the Argos? His wife is a strength and conditioning coach with the Cincinnati Reds, is she not? AJ would certainly have expectations as to how a female in this role should be treated by a professional sports team.

[kellynjk]

Another interesting article on this issue.

https://www.winnipegfreepress.com/br...fed-in-scandal

[BATKINSON001]

Another interesting article on this issue.

https://www.winnipegfreepress.com/br...fed-in-scandal

This was a much better article than the original tsn one or the 3down. It was spaced out better so I could read it easier.

This is definitely going to cost the team some fans, both new and existing.

I had bought a Kelly jersey last year, and now I don't even look forward to wearing it or any of the Argos stuff I have, even the two new light jackets I had just bought.

[kellynjk]

Yes I agree that it's going to hurt the team. Instead of focussing on the team and new acquisitions etc, the focus for the foreseeable future is going to be on this story. Plus I'm sure the Argos were viewing Kelly as a marquee player, someone they could promote out front as the most valuable player last season etc. and now all of that is sabotaged. Even if this get resolved outside of the courts, the media is still going to have questions about what happened etc. for months to come any and every time Kelly is mentioned or interviewed.

The Argos are going to have a hard time making any kind of pitch to MLSE about marketing or promotion for the upcoming season when these are the kind of headlines the team is generating. And while I trust that Kelly is a good athlete on the field, it worries me that we could face more of this nonsense from him off the field and that's not good for the team. The article in the Winnipeg Free Press highlights that Kelly has a history of self-sabotage and immaturity and this recent accusation of sexual harassment makes me think he hasn't learned from his past mistakes or become more mature in the way he handles himself.

[Antwon]

if this comes out that the “we are family org” really did handle this in the way it’s alleged, it’s bad, really bad. and this guy had a gf he always referred to in interviews (local girl too i recall) so lots of damage here.

Not making light of this, but what if the "girlfriend" was in his mind the coach? It would not be the first time one persons romantic obsession with someone not interested led them to erratic behaviour.

[AngeloV]

Not making light of this, but what if the "girlfriend" was in his mind the coach? It would not be the first time one persons romantic obsession with someone not interested led them to erratic behaviour.

I am staying out of most discussion related to this topic, but his girlfriend is a lady who he met through charitable work and is successful in the tech industry. Her name is Sarah Thompson.

[Rich]

Yes I agree that it's going to hurt the team. Instead of focussing on the team and new acquisitions etc, the focus for the foreseeable future is going to be on this story. Plus I'm sure the Argos were viewing Kelly as a marquee player, someone they could promote out front as the most valuable player last season etc. and now all of that is sabotaged. Even if this get resolved outside of the courts, the media is still going to have questions about what happened etc. for months to come any and every time Kelly is mentioned or interviewed.

Except for the fact that the Toronto media pays very little attention to the Argonauts. There has been zero mention of this story on CP24 and CBC Toronto. The Sun and Globe websites buried brief wire story blurbs about it. How can it hurt the team if nobody knows about it?

It reminds me of when Murphy used those egregious slurs a couple of years ago, and everyone here was hand-wringing about how much this was going to hurt the team. In the final analysis it didn’t hurt the team in the slightest, and I think once the lawyers settle things the same will be true of this incident.