Employee Alleged Harassment Case - Chad Kelly

[ArgoRavi]

Unless these allegations can somehow be proven to be completely false from top to bottom, and quickly, I see no way Kelly plays for the Argos this year. And there's a very good chance other heads will roll as well. This type of stuff simply can't be swept under the carpet, and the statement of claim suggests that's precisely what was attempted. Good luck to the Argos and MLSE. This is one of the ugliest situations this league has ever seen.

I have had concerns about Kelly's maturity but had really hoped that he turned a corner over the past year. We shall see how this process unfolds but it's an ugly day for sure.

[kellynjk]

I have had concerns about Kelly's maturity but had really hoped that he turned a corner over the past year. We shall see how this process unfolds but it's an ugly day for sure.

I have had similar concerns about Kelly's maturity and hope this is not another example of Kelly's self-destructive behaviour that has been part of his past (remember that TSN feature with Kelly and his uncle and they talked about some of the misguided things he had done during his time in the NFL). Plus I thought that whole suggestion he had a concussion in the Eastern Final was bullshit and I said so on this site when it happened.

It also reflects very poorly on the Argos, if the details in the article are true. Management at the very least should have investigated the allegations and talked to all the parties involved etc. I guess we'll just have to wait and see how things play out.

[Shatto]

The accepted procedure when a harassment claim is made, is for the organization to institute an independent investigation to determine the validity of the accusation. It appears in this case, the organization for whatever reason, chose not to implement that process. Therefore, it has ended up with a civil court case. Until the case has been decided we should withhold judgement.

That being said, the appropriate action by the organization is to immediately suspend the accused (with pay is normal) until the validity of the accusations have been decided. In this situation that decision rests with the court. There are a number of ways this could go, including a settlement, resulting in the claimant withdrawing charges and signing a non disclosure agreement.

If there is no settlement and court finds for the plaintiff, which is in effect supporting the accusations, the organization (MLSE) will then have to decide what appropriated actions should be taken against the employee (Kelly). This could result in Kelly not playing this year.

[Rich]

Deshaun Watson initiated sexual contact with 12 different athletic therapists and got an 11-game suspension. FWIW.

Football considerations aside, I just hope Chad is getting the kind of psychological therapy that he clearly needs, and I say that because I love the guy.

It’s terrible what happened to the Argos trainer, but it was the team management that turned a troublesome situation into a very serious issue.

[paulwoods13]

The accepted procedure when a harassment claim is made, is for the organization to institute an independent investigation to determine the validity of the accusation. It appears in this case, the organization for whatever reason, chose not to implement that process. Therefore, it has ended up with a civil court case. Until the case has been decided we should withhold judgement.

That being said, the appropriate action by the organization is to immediately suspend the accused (with pay is normal) until the validity of the accusations have been decided. In this situation that decision rests with the court. There are a number of ways this could go, including a settlement, resulting in the claimant withdrawing charges and signing a non disclosure agreement.

If there is no settlement and court finds for the plaintiff, which is in effect supporting the accusations, the organization (MLSE) will then have to decide what appropriated actions should be taken against the employee (Kelly). This could result in Kelly not playing this year.

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.

[paulwoods13]

IF I were an innocent party and was being defamed I would feel entitled to a public examination of my accuser.

What if this is something they'd done before? What if they had a record of past misdeeds?
What if I intended to sue for defamation?

I'm only observing that this trial by media is demonstrably one sided.

I don't think that's even a debatable point.

If this suit ever gets to court, Kelly will have every opportunity to engage in a public examination of his accuser. And he has every opportunity right this minute to sue for defamation, if he feels he has been defamed.

[gilthethrill]

Whether the allegations are true or not, the Kelly haters are already enjoying this news and are calling for his head. He is already “guilty”. I just don’t see the Argos terminating this former employee because she rejected Kelly’s alleged advances as the article states. We have heard one side of the story and Kelly and the organization will have an opportunity to tell their side.

It’ll be interesting to see what Ambrosie does.

[bluto]

It is a Wrongful Dismissal suit. The Harassment claim against the organization's biggest name is strong leverage and the Trial By Media has already begun.

They know that the Argonauts settled before and came at them loaded for bear.

Won't even matter if the club has a pile records of the-Accuser's sub-standard performance reviews, complaints from players and co-workers, incompetence, lateness or absence... this will follow Kelly and the Club forever. Won't even matter if the club has texts, emails and videos showing that the Accuser initiated the inappropriate conduct.

The Accuser's legal team know this. They know that the Club will want this done away with prior to the season. They also know that for the club to defend against this suit will cost "X". So getting the Club to accept a hush-hush settlement for "X+N" should be a slam dunk.

[paulwoods13]

Suing for $85k is "loaded for bear"?

[bluto]

Suing for $85k is "loaded for bear"?

No, a Wrongful Dismissal suit with Harassment is.

That is using a bazooka to kill a roach.

[paulwoods13]

So if she felt she was wrongfully dismissed, and she felt she was a victim of sexual harassment, what should she have done other than file a statement of claim?

[Antwon]

My thoughts are she was waiting to see how the team and management would deal with this situation. When they did not renew her contract they were effectively sweeping the whole thing and her under the rug. Her only choice was to file against the team.

[bluto]

So if she felt she was wrongfully dismissed, and she felt she was a victim of sexual harassment, what should she have done other than file a statement of claim?

Well, if you've lawyered up and (this is conjecture) would accept a settlement offer after having an idea of what "damages" you've suffered... You don't think that a sitdown with the clubs representatives could produce an outcome? Particularly if they know that your next call is to Bell Media?

EDIT: you don't think that MLSE/Argos would gladly pay $140k today to have this memory holed?

[ArgoGabe22]

Whether the allegations are true or not, the Kelly haters are already enjoying this news and are calling for his head. He is already “guilty”. I just don’t see the Argos terminating this former employee because she rejected Kelly’s alleged advances as the article states. We have heard one side of the story and Kelly and the organization will have an opportunity to tell their side.

It’ll be interesting to see what Ambrosie does.

Innocent until proven guilty. However, good time to kick the tires on Tre Ford?

[jerrym]

The accepted procedure when a harassment claim is made, is for the organization to institute an independent investigation to determine the validity of the accusation. It appears in this case, the organization for whatever reason, chose not to implement that process. Therefore, it has ended up with a civil court case. Until the case has been decided we should withhold judgement.

That being said, the appropriate action by the organization is to immediately suspend the accused (with pay is normal) until the validity of the accusations have been decided. In this situation that decision rests with the court. There are a number of ways this could go, including a settlement, resulting in the claimant withdrawing charges and signing a non disclosure agreement.

If there is no settlement and court finds for the plaintiff, which is in effect supporting the accusations, the organization (MLSE) will then have to decide what appropriated actions should be taken against the employee (Kelly). This could result in Kelly not playing this year.

This is obviously super ugly. They could suspend Kelly now and call in a 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.

[bluto]

This is obviously super ugly. They could suspend Kelly now and call in a 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.

He doesn't need to be "found innocent."

Further: how do you reckon that anyone could be "found innocent"? And how could that even happen in a Wrongful Dismissal suit?

[paulwoods13]

Well, if you've lawyered up and (this is conjecture) would accept a settlement offer after having an idea of what "damages" you've suffered... You don't think that a sitdown with the clubs representatives could produce an outcome? Particularly if they know that your next call is to Bell Media?

EDIT: you don't think that MLSE/Argos would gladly pay $140k today to have this memory holed?

I'm sure Keith Pelley (who does not start as head of MLSE until April 2) is just thrilled about all this. It's ugly as hell. As for what she did or didn't do, we don't know what, if any, discussions took place with the org beyond what has been reported about the statement of claim. Perhaps she didn't want any outcome other than keeping her job.

[bluto]

I'm sure Keith Pelley (who does not start as head of MLSE until April 2) is just thrilled about all this. It's ugly as hell. As for what she did or didn't do, we don't know what, if any, discussions took place with the org beyond what has been reported about the statement of claim. Perhaps she didn't want any outcome other than keeping her job.

Given the allegation in the suit, I can't see that.

[paulwoods13]

Given the allegation in the suit, I can't see that.

I'm sorry, I'm not following. Which allegation would suggest she did not want to keep her job?

[bluto]

I'm sorry, I'm not following. Which allegation would suggest she did not want to keep her job?

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.