Board to weigh evidence from harassment hearing
An adjudication board has heard all the evidence to be presented in the sexual harassment case against Mark Hureau, the local Intersport majority owner and a local basketball coach.
An adjudication board has heard all the evidence to be presented in the sexual harassment case against Mark Hureau, the local Intersport majority owner and a local basketball coach.
The evidence portion of the case wrapped up Tuesday afternoon.
The final two witnesses for Hureau's lawyer, James Tucker, testified before Devon Hanson, the young woman who brought forward the complaint, took the stand again.
Hanson took the complaint to the Yukon Human Rights Commission, which referred it to the board.
Much of Hanson's case has focused on text messages and e-mails Hureau sent her.
Hureau has argued the comments have been taken out of context, and in many cases were just part of an ongoing conversation.
On Tuesday, both witnesses testified there was nothing to indicate that Hanson was uncomfortable with Hureau during the 2010 Arctic Winter Games in Grande Prairie, Alta., where Hanson played basketball for the Yukon girls' team Hureau coached.
Stephen Mooney attended the Games as a basketball official while Cheryl Keleher was there as the den mother for the Yukon girls' basketball team.
"We had so much fun,” Keleher said of the experience.
She laughed as she recalled her role in staying with the team in close quarters – getting them up for the day, accompanying them to games, meals or social outings, basically "being a mom.”
If Hanson had a problem with Hureau then, Keleher said, she thinks Hanson would have told her.
Both Hanson and Krista Mooney, the team's co-captains, texted Hureau during the Games and he'd always reply, Keleher recalled.
Keleher also remembered Hanson leaning back on Hureau a couple of times when they were watching basketball games.
"It is tight quarters, absolutely,” she said of viewing some of the final games of the tournament.
Keleher also testified about what she felt was an uncomfortable moment at one of the game debriefs in a classroom.
Hanson took off her jersey to put on a dry garment, though Keleher noted it wasn't out of the ordinary for the players to quickly remove their jerseys and put them on inside-out if they had a sports bra on underneath.
Hanson, Keleher said, had a purple sports bra on.
Stephen Mooney, Krista's father, didn't officiate any of the team's games because of his daughter's role on the team.
He described Hanson as "doting” on Hureau in one instance at the AWG. He recalled visiting the team during dinner one night when Hanson specifically asked Hureau if he wanted dessert – which she went and got for him.
After the rest of the athletes left, Hanson remained behind sitting with Hureau, Keleher and Stephen.
He also noticed Hanson was frequently with Hureau rather than the rest of the team. He thought it was unusual that she would be hanging around Hureau instead of her teammates.
It was in late March, after the Games, when Hanson quit her job at Intersport. In earlier testimony, she's told the board Hureau was creeping her out to the point she couldn't return to work.
In early May, Stephen was brought in through his role with Basketball Yukon to facilitate a meeting between Hanson's parents and Hureau over the e-mails.
As Stephen stated, Basketball Yukon president Tim Brady had met with Hanson's parents to discuss how to proceed with the matter of the e-mails.
Basketball Yukon, he said, has a policy addressing sexual harassment, and Hanson's family opted to begin with the informal process over a more formal process.
Stephen received a call from Brady to inform him of this. Brady asked Stephen to facilitate the informal meeting between Hureau and Hanson's parents because Brady was set to be out of town.
Stephen noted Hanson's family was aware of his history with Hureau – their two families had known each other since Stephen's and Hureau's childhoods as well as knowing Krista was also on the basketball team – and didn't raise it as an issue.
The meeting, held in May, began with Hureau offering to go through the e-mails that were an issue and explain what he meant with each statement.
During his own testimony in the case, Hureau again went through the text and e-mail messages, explaining what he was trying to convey with each line or paragraph.
By the end of the meeting, Stephen said, he felt there had been a lot of dialogue from Hureau explaining the e-mails, his rationale and what he was trying to communicate.
It seemed well-received by Hanson's mother, who nodded or indicated she understood what was being said throughout the meeting. Hanson's father was quiet throughout the session.
He spoke at the end, saying he didn't believe Hureau should be coaching.
"I was taken aback,” Stephen said, noting he felt throughout the meeting that communication was taking place.
Stephen also recalled Hureau offering Hanson's parents the e-mails with his notes on them.
Stephen reported on the meeting to Brady, who later told Stephen that Hanson's family had opted not to take the matter any further with Basketball Yukon, seeing it as an employee/employer issue.
With that, there were no ramifications for Hureau in his role as a coach.
Hanson eventually opted to bring it to the human rights commission, which triggered the hearing that began June 4.
On Tuesday, Hanson was called once again to testify.
She countered Hureau's testimony that during one work shift, Hanson flopped down with the back of her shirt pulled up to her neck so he could look at a basketball injury scar on her back. Hanson told the board that never happened.
Closing arguments for each side have been submitted in writing, with the deadline for replies expiring at 4 p.m. today.
The board has 30 days to make a ruling on the case.
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