Sexual Harassment at Camp

Being accused of sexual assault or sexual misconduct can be a stressful and confusing experience. This is especially true where the allegations have been fabricated. Such an allegation can stem from virtually any area of an individual’s life including their personal life, school, work, or volunteer work. Individual’s working or volunteering as a camp counsellor at summer or after school camps in Ontario may find themselves in this situation. Those attending a camp as an attendee may also find themselves in this situation.

Due to the close proximity of camp counsellors and camp attendees, allegations of sexual misconduct and harassment on campus are somewhat common. An allegation of sexual misconduct at a camp can arise from either a camp attendee, or from another counsellor. If you have been accused of sexual misconduct or harassment at a summer or after school camp it is important to seek legal advice right away. Such an allegation has the potential to negatively impact various aspects of an individual’s life regardless of whether the allegations are true.

In 2023, the Firm represented an individual accused of sexually harassing a colleague at a children’s summer camp in Case No. 49**. The accused, also a camp counsellor, was alleged to have followed the complainant around camp, made inappropriate comments to her, attempted to hug her and make other physical contact, and repeatedly watch the complainant. The matter was reported to camp management who launched an investigation into the matter. At the outset of the investigation, the accused counsellor was asked to provide a statement, but was denied details of the allegations made by the complainant. This placed him in a situation where he was being pressured to provide possibly incriminating information without having a full understanding of what he was being accused of. The Firm contacted camp management to explain the principles of natural justice and to gather all relevant information regarding the allegations. The Firm then provided written submissions on behalf of the accused, to ensure his right to remain silent was protected and to control the information provided to the camp. The investigation was ultimately closed by the camp without a finding of guilt. The client was allowed to keep his job without any negative consequences.

What Happens when Allegations of Sexual Misconduct are made on a Camp Campus?

When allegations of sexual misconduct or harassment are levied against a camp counsellor or attendee on a camp campus, the camp organizer will likely launch an investigation into the matter. Unlike schools, camps currently have no legal obligation to develop and implement sexual violence policies for their counsellors or attendees. Sexual violence policies outline the rules and regulations to be followed when an allegation of sexual misconduct or harassment has been made on campus. The policies also provide a certain level of protection to the accused, ensuring their rights are protected, and that the investigation is carried out in a fair and impartial manner.

Where these polices do not exist, investigations are typically left up to managers or human resources personnel at the camp. This can create situations where the accused individual is left unprotected during the investigation process, which can create much bigger issues if criminal charges are laid.

In many cases, once an allegation is made the camp will launch an investigation and begin collecting evidence. This almost always includes interviewing the complainant, any witnesses, and the accused. In many cases, the camp will deny the accused access to the specifics of the complaint and will attempt to get the accused to attend an in-person meeting to provide a statement. This can heighten risk for the accused as they may be misled about the allegations or pressured to provide incriminating information on the spot. Retaining counsel will ensure the accused’s rights are protected throughout the process and will ensure the accused does not provide any unnecessary or incriminating information that may be used against them.

What to do if you have been Accused of Sexual Misconduct at Camp?

If you have been accused of sexual misconduct or harassment at camp, it is important to consult with a lawyer right away. As noted above, camp investigations into matters of this nature tend to favour the complainant and may ignore the rights of the accused altogether, leading to an unfair and bias investigation. An accused who provides a statement or any other information during the investigation may find themselves in more trouble, even where they did not do what they have been accused of.

An individual who has been asked to participate in a meeting regarding possible misconduct on a camp campus is advised to contact a lawyer right away to discuss their rights and options.

The Rights of the Accused

When an individual is accused of a criminal offence and placed under arrest, they are afforded certain important rights, including the right to remain silent, the right not to self-incriminate, and the right to be informed of the charges and specifics of the allegations. These rights, however, do not exist in the context of a campus or workplace investigation. In many cases, the accused will feel pressured to participate in the investigation process and to provide information. Sometimes, the accused will even be ambushed and asked to provide a statement without first being informed of the allegations. This can lead to the accused providing incriminating information which may hurt them later on.

If criminal charges are laid, any information provided during the campus investigation will be turned over to police and used to prosecute the accused, effectively negating the accused’s rights. An accused is entitled to have their investigation carried out according to the principles of natural justice, which ensures the right to an unbiased investigation. Experienced legal counsel can help ensure these rights are protected during the investigation process.

Potential Consequences of Sexual Misconduct at Camp

Those accused of sexual misconduct or harassment at camp face serious consequences if the allegations are found to be true. Due to the somewhat haphazard way camp investigations into sexual misconduct and harassment are carried out, there can be negative implications for an accused even where the allegations are false.

Common consequences associated with such allegations includes losing one’s position at the camp, either as a counsellor or attendee. Whether the position is paid, or volunteer based, a counsellor who is accused of misconduct may be removed from their position and asked not to return in the future. Similarly, a camp attendee who is accused of misconduct may be asked to leave camp and not return in the future. This can occur even with very little evidence. Often, the statement of the complainant is enough. Due to the possible negative implications on the camp, a camp may ask an accused to leave without real convincing proof that anything occurred.

Depending on the nature of the allegations and the seriousness of what occurred, the matter may be reported to law enforcement. When law enforcement receives information that sexual misconduct rising to the level of criminal behaviour has occurred, they are within their authority to place the accused individual under arrest. Typically, the only information required to place an individual under arrest for a sexual offence is a statement from the complainant.

An individual accused of sexual misconduct or harassment at camp may be charged with various criminal offences, depending on the nature of the allegations and the age of the complainant. For example, where the allegations involved unwanted sexual touching between two adults, the accused may be charged with sexual assault. Where the allegation involves harassment, the accused may be charged with criminal harassment. Where the complainant is under the age of consent, the accused individual may be charged with various offences including sexual interference, invitation to sexual touching, or sexual exploitation.

Those convicted of a sexual offence against an adult or a minor will likely face a period of custody. Furthermore, those convicted of sexual offences will be placed on a sex offender registry for a minimum of ten years. Such a conviction can seriously impact an individual’s life even after they have completed their sentence. Those with a criminal record often face difficulties attaining and maintaining gainful employment, may face social stigma, are likely to be prohibited from working, volunteering, or spending time around minors, and may be denied entry from countries including the United States.

As a result of the very serious implications that arise from even an unproven allegation of sexual misconduct, it is important to consult with experienced counsel as soon as possible. Doing so will ensure the accused’s rights are protected from the outset of the investigation, reducing chances of serious negative implications.