Vaughan deputy mayor resigns amidst sexual harassment probe
Integrity commissioner’s report concludes actions of Michael Di Biase created “an intimidating and offensive work environment.”

Toronto Star and thestar.com
By NOOR JAVED
May 18, 2017

Vaughan’s controversial deputy mayor, Michael Di Biase, has resigned in the wake of a scathing ethics probe that found the veteran politician repeatedly sexually harassed a city employee over a period of five months.

The shocking allegations against Di Biase were made public in a report released Thursday by the city’s integrity commissioner, Suzanne Craig, after a months-long probe.

“I find that the actions of the respondent constitute sexual harassment,” Craig wrote in her 28-page report, which will be discussed at a special council meeting Tuesday. “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 conduct) and under the city’s Respectful Workplace Policy.”

Lawyers for Di Biase, who was mayor of Vaughan from 2002 to 2006 and has been a politician there for three decades, sent out a news release Thursday afternoon announcing he was stepping down.

“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 the news release, which stated he was resigning from his roles at the city of Vaughan and on York regional council.

“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,” said Di Biase, who earned almost $140,000 last year, according to the province’s Sunshine List.

Vaughan Mayor Maurizio Bevilacqua said Di Biase’s resignation would be effective Friday.

“I accept the deputy mayor’s decision to step down. As a council, it is our responsibility to champion the values of accountability, transparency and respect. As we move forward, we will continue to advance a culture of excellence in governance rooted in integrity,” he said.

The complainant, identified only as an “employee of the city of Vaughan” in the report, came forward to the integrity commissioner in January with allegations of sexual assault, sexual harassment and reprisals.

Craig said since sexual assault falls under the Criminal Code, that is a matter for police. It is unclear, however, if the woman pursued criminal charges. Craig’s report deals with the sexual harassment complaint. None of the allegations have been proven in court.

In the report, Di Biase’s lawyers said: “The respondent takes these matters extremely seriously and, while he is known to be a warm and loving person, the respondent does not take advantage of vulnerable individuals. He takes great exception to the allegations put forward by the complainant.”

Di Biase’s lawyers also say that “all physical interaction between himself and the complainant was consensual and not unwelcome or unwanted.”

According to Craig’s report, the complainant alleges she was harassed over a five-month period, from March to July 2016, and that there were five instances of unwanted sexual advances, which included kisses on the mouth and the touching of her breasts.

In her own words, she told Craig: “Between April and July 2016, the respondent grabbed my breasts, thrusted (sic) himself against me, attempted to kiss me and put his tongue in my mouth on about five or six more occasions. Each time, I would tell the respondent to stop, that his conduct was unwelcome and made me uncomfortable. I also advised the respondent that I could not continue working for him if he continued to sexually assault and sexually harass me.”

The complainant discussed one of the alleged incidents with Di Biase over the phone, and recorded the conversation. According to a transcript contained in the report, the complainant describes feeling uncomfortable with Di Biase’s advances, and he apologizes but also makes light of the conversation, joking with the complainant that “I will not do this anymore. But if you want to touch my breast, you can touch my breast. I give you my permission. How’s that? [Laughter.]”

In a response in the report, Di Biase said he was not the woman’s direct supervisor and that the city clerk was responsible for her work. He also said it was his custom, as it is with many Italians, to hug and kiss friends and colleagues on the cheek. He describes the complainant’s demeanour as “flirtatious” and “overtly affectionate.”

Craig noted in her report that both their accounts of specific incidents were inconsistent, especially around the issue of whether the kissing was consensual.

But Craig said her decision that Di Biase breached the city’s code of conduct was based on three factors: balance of power, persistence of unwanted behaviour, and admission of conduct.

“It is my opinion, based on the evidence before me, that the respondent knew or ought reasonably to have known that his conduct was unwelcome and/or unwanted,” she wrote.

Craig had recommended a number of sanctions, including an apology to the complainant; that Di Biase’s pay be suspended for 90 days; that his designation as deputy mayor be suspended; that his authority over office staff be suspended; and that he lose the right to chair meetings of council and sit on standing committees. It is unclear how council will proceed now that Di Biase has resigned.

This is not the first time Di Biase has found himself in hot water.

Two years ago, 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.

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

An OPP probe into Di Biase for “allegations of criminal wrongdoing” is ongoing.