Vaughan Deputy Mayor Di Biase resigns following sexual harassment findings
Veteran councillor Michael Di Biase sexually harassed a city worker, integrity commissioner says

yorkregion.com
May 18, 2017
By Adam Martin-Robbins

Vaughan Deputy Mayor Michael Di Biase has resigned after the city's integrity commissioner found that he sexually harassed an employee.

“It has been my great honour to serve the City of Vaughan for 29 years as mayor, deputy mayor, regional councillor and local councillor,” he said in a news release Thursday, May 18. “While I have throughout maintained my innocence, I do not wish to be a distraction from the important work that is ahead for our council in protecting the interests of this city.”

Di Biase's resignation comes following the release of a damning integrity commissioner's report detailing findings of an investigation into allegations of sexual harassment.

“I find that the actions of the respondent (Di Biase) constitute sexual harassment and a breach of Rule 14 of the Code (of Ethical Conduct), which prohibits such harassment,” Integrity Commissioner Suzanne Craig wrote in a 28-page report, posted to the city’s website May 18, slated to be discussed at a special council meeting next week.

“The respondent’s conduct created and contributed to an intimidating and offensive work environment for the complainant, contrary to his obligations under the Code (of Ethical Conduct) and under the City’s Respectful Workplace Policy...Such actions seriously undermine the trust placed in elected officials and the principles underlying their Oath of Office.”

Di Biase, a veteran councillor who has served nearly 30 years in office, couldn’t be reached for comment, but the report notes in a written response, through his lawyer, he "categorically denies any wrong doing."

"To the best of his knowledge and belief, any and all physical interaction between himself and the complainant was consensual and not unwelcome or unwanted."

The integrity commissioner couldn’t be reached for comment either, but her assistant said in an email, “given the sensitivity of the matter, Ms Craig will not be in a position to speak with you until after the special council meeting of May 23, 2017.”

None of the allegations detailed in the integrity commissioner’s report have been tested in court.

The report details findings from an investigation triggered by an eight-page affidavit filed by the complainant, a city employee, Jan. 17, 2017.

In it, the complainant alleges Di Biase sexually harassed her for about five months, from March 2016 to July 2016.

The complainant also made two other allegations.

Craig’s report notes she didn’t investigate one allegation because it is a criminal matter and, under city rules, she must advise the complainant to pursue those allegations with the police.

The other allegation, which Craig determined lacked sufficient evidence to determine if the code was breached, was that Di Biase “undertook an act of reprisal against the complainant after the complainant initiated a complaint against him.”

The alleged act was getting someone to “conduct surveillance” on the complainant.

“I note that the respondent has previously undertaken acts of reprisals against employees of the City of Vaughan who had initiated or participated in complaints under the code,” Craig wrote. “In this case, however, I did not receive conclusive evidence linking the individual who conducted surveillance on the complainant to the respondent.”

Regarding the sexual harassment allegations that Craig did investigate, the report says the complainant detailed five instances of “unwanted sexual advances.”

“In each case, the respondent is alleged to have kissed the mouth of the complainant, without her consent and despite her objections. In four cases, the respondent also touched her breasts,” Craig wrote. “In addition to these five incidents, the complainant alleges that this pattern of conduct was repeated a further five or six times and occurred in the same period.”

Craig found, even after Di Biase was told “his sexual advances were unwelcome and unwanted,” he “did not cease his unwelcome conduct.”

As a result of these incidents, the complainant left her job, Craig noted.

The complainant also recorded a phone conversation she reportedly had with Di Biase on July 20, the day after one of the alleged instances of harassment.

Craig’s report includes two excerpts from the recording, including the following:

Di Biase: I am there for you.

Complainant: Then why would you touch my breasts and kiss me and put your tongue in my mouth right after that, when I am so visibly upset.

Di Biase: I didn’t put my tongue in your mouth...I tried...but you said no.

Complainant: But you did.

Di Biase: I didn’t...

Complainant: And you touched my breast.

Di Biase: OK, I am sorry.

Complainant: [sigh]

Di Biase: OK. [laughter]. I said I am sorry, what do you want me to do?

“I find the audio evidence quite compelling,” Craig wrote in her report. “I take note of the respondent’s acknowledgement of the events, a lack of emphatic denial and the cavalier way he responded to the complainant’s accusations, saying, ‘If you want to touch my breasts you can...I give you permission how is that?’ This is not the response I would expect from someone who is innocent of these allegations. Further, I find comments such as this to be patronizing and dismissive.”

In his response to the allegations, detailed in the report, Di Biase alleges that “he has been the victim of entrapment.”

“The complainant made advances toward the respondent with the intention of winning his allegiance and loyalty in office skirmishes that she was having within the office and (with) other staff and councillor(s) outside the office,” the report says.

Di Biase “categorically” denied sexually assaulting or sexually harassing the complainant, rather “he often expressed non-sexual expressions of affection toward the complainant.”

“The respondent acknowledges that they kissed on the lips on several occasions, but that these acts were either initiated by the complainant or that it was consensual,” Craig’s report states. “The respondent, otherwise, denies touching the complainant’s breasts or otherwise touching her inappropriately.”

Based on the findings in her report, Craig is recommending council impose several sanctions against Di Biase, including suspending his pay for 90-days, his designation as deputy mayor be suspended and stripping his right to chair meetings of council and sit on standing committees.

Mayor Maurizio Bevilacqua issued a statement Thursday morning following the report’s release.

"I have read the integrity commissioner’s report concerning allegations filed against Regional Councillor and Deputy Mayor Michael Di Biase, and find the contents to be gravely concerning," he said. "The City of Vaughan takes this matter very seriously and condemns all acts of workplace harassment and reprisal of any kind. Without exception, anyone who works for the City of Vaughan should be treated fairly in an environment free from discrimination, harassment and reprisal.

Bevilacqua said he will comment further on this issue at the special council meeting.

This latest ethics report comes just more than two years after another investigation by Craig found Di Biase breached Vaughan’s code of conduct by using intimidation and abusive language to pressure city staff, who opposed his interference in the city’s tendering process and his efforts to secure municipal projects for a local contracting company.

In that instance, council voted to dock Di Biase’s pay for 90 days, amounting to about $21,000.

Di Biase launched an unsuccessful court challenge to squash that report and have the penalty overturned.

A divisional court rendered its decision, upholding Craig’s findings and the penalty imposed by city council in September 2016.

A police probe was also launched in the wake of that report.

The investigation, being carried out by the OPP, is ongoing, a police spokesman confirmed.