Ward 4 Stouffville councillor points to ‘future behaviour’ to restore trust after report finds he engaged in sexual harassment
By Gene Pereira, Local Journalism Initiative reporter
A Stouffville councillor found by an Integrity Commissioner to have repeatedly engaged in sexual harassment toward at least two female staff members is intending to stay in his job and take “meaningful steps” to ensure it doesn’t happen again.
In a Dec. 3rd Stouffville Council Meeting, Ward 4 Councillor Rick Upton ignored calls for his resignation and instead apologized to the victims and acknowledged responsibility for several of the allegations in the report.
The report found that beginning in 2022 (see report), Upton made numerous unwelcome remarks about the appearance of staff members, including sexually suggestive comments.
“I acknowledge, without reservations, that my actions fell far short of the standard of behaviour expected of an elected official,” said Upton, appearing by remote camera. “Such conduct was both inappropriate and completely unacceptable.”
Upton then apologized to the two victims.
“I sincerely and truly apologize for undue strain and discomfort my conduct has caused,” he said.
“I deeply am sorry, and I sincerely apologize,” added Upton. “My intention was never to cause you anxiety or stress, but I should have recognized that my words and actions would have that impact.”
The investigation by the Integrity Commissioner considered both women credible and concluded Upton’s behaviour “reflected a course of conduct, not isolated lapses.”
Though Upton acknowledged responsibility for many of the allegations and apologized, the report rejects “intent” as a justification, highlighting the power imbalance and underscoring that unwelcome conduct alone constitutes harassment.
Commissioner Suzanne Craig recommended a series of sanctions, which were approved by Council members, along with a series of amendments, at the meeting.
Approved sanctions Upton is facing include:
- Councillor Upton must attend training on the Harassment and Discrimination Free Workplace Policy, at his own expense.
- All interactions with staff must be conducted virtually for the remainder of the Council term, including during Council, Planning, and Committee of Adjustment meetings.
- The Deputy Mayor responsibilities afforded to him last month have been assigned to the Alternate Deputy Mayor, Councillor Kroon, with an updated by-law to be brought back to Council at the next meeting.
- Councillor Upton will be docked pay for 90 days.
- Councillor Upton will need to issue a formal apology to the staff involved and to Council members during Council’s first meeting after the New Year, scheduled for Jan. 21.
Upton said he will participate in training.
“Which I’ve started,” he said.
“I also recognize that words alone are insufficient to restore the trust that has been seriously damaged,” he added at the council meeting. “What is most important is my future behaviour.”
To that, he said he is committed to demonstrating through future actions that he has learned from the experience.
“Building confidence will require constant effort, transparency, and accountability,” he said.
Craig praised the witnesses for coming forward.
“The women who came forward as witnesses in this complaint investigation demonstrated bravery, courage, and strength, reclaiming their right to work in an environment free from sexual harassment.”
Stouffville Mayor Iain Lovatt, who filed the original report with permission from the victims, wants Upton to resign from council.
The mayor said that is up to Upton.
“Given the seriousness and repeated nature of these violations, I need to state on the record that I believe that it is in the best interests of council, our staff, and the community at large, for Councillor Upton to step down immediately,” he said at the council meeting.
Despite the numerous calls for him to step down, Upton says he wants to continue serving the community.
“I remain dedicated to serving this community with integrity and respect,” said Upton. “I will strive to earn back the trust that has been lost and serve the community honourably and responsibly.”
Ward 2 Councillor Maurice Smith said at the meeting that the investigation into Upton and the Integrity Commissioner’s report cost the town “roughly $80,000.”