MCC issues internal update to staff, late August 2024

Late August 2024. Several people shared this internal memo (sent to all staff) with MAST.

Note: MAST is aware of 12 cases so far where NDAs have used with MCC staff at termination. In three cases, the individual or couple refused to sign. In the other cases we know about, an NDA was signed. We don’t know the exact year for all of these cases. For more on NDAs, see two guest posts on the topic by Stephanie Krehbiel, Executive Director of Into Account: The ubiquity and misuse of NDAs as a shield against accountability and NDAs: an utterly familiar poison for Mennonites. Review the language in the NDA offered to John Clarke and Anicka Fast here.

Dear MCC Staff,

We want to provide you with an update on MCC’s response to the open letter and online petition launched earlier this year. Our goal is to be as transparent and communicative as possible. As always, we welcome your feedback, questions and prayers as we navigate these unique challenges and opportunities.

The concerns that have been raised are serious. MCC is listening deeply and responding. MCC leaders have spent multiple hours communicating with people who have reached out to share their critiques, questions and words of support.

At this point, the only formal complaint we have received is from John Clarke and Anicka Fast. Their official letter of grievance was received by MCC in November 2023. At that point, John and Anicka had also decided to pursue legal action against MCC through the Quebec Labour Board (Commission des normes, de l'équité, de la santé et de la sécurité du travail, or CNESST). With their lawsuit underway, MCC has been limited in what can be communicated publicly.

Then, in spring 2024, John and Anicka – along with several other former staff – also started a “Stop MCC Abuse” petition online. Since MCC is being sued by two of the petition signers, our response has been limited.

MCC always wants to hear from and investigate any concerns raised by individuals when they feel they’ve been mistreated. In responding to concerns, we want people to be treated fairly and equitably. That means ensuring our policies and processes reflect our values, best practices and restorative justice principles.

MCC is committed to mediation when conflicts emerge. MCC has sought mediation to resolve the conflict with John and Anicka. A mediation process was offered in fall 2023 through CNESST.  John and Anicka declined to participate.

Then, in March 2024, the two national MCC executive directors, Rick Cober Bauman and Ann Graber Hershberger, offered to meet face-to-face with John and Anicka in the Netherlands. Unfortunately, schedules did not allow the gathering to take place. MCC continues to be open to mediation with John and Anicka, and we are in the process of arranging a meeting.

This situation continues to sit heavily on our hearts. Our prayer is to resolve the conflict with John and Anicka reflective of our values and restorative practices.

In January 2024, MCC launched an independent, third-party investigation into the grievances raised by John and Anicka. Because the case involves multiple countries and people across continents, the investigator is moving carefully.

To date, John and Anicka have declined to participate in the third-party investigation. However, the investigators have been able to interview others, and MCC has made all internal documents requested by the investigators available to them. As a result, the findings of the third-party investigation will be thorough and unbiased. MCC welcomes these findings, as they will give us a much clearer understanding of the grievances and will highlight the internal changes that are needed to strengthen our care for staff. MCC expects to receive the findings in fall 2024.

MCC is committed to publicly sharing the actions we take in response to the findings of the investigation. Since the investigation involves individuals besides John and Anicka (e.g., employees and volunteers across continents and countries), both the third-party investigative firm and MCC will communicate carefully to respect and ensure employee privacy.

We are grateful for the other voices who have spoken up, providing new opportunities for change. In early 2023, long before the online concerns were raised, we realized there were gaps in our HR policies and procedures, especially when it comes to managing concerns or grievances. As a result, we are in a season of change with HR people at multiple levels in multiple countries – with MCC now placing HR specialists in regions around the world, rather than just in Akron or Winnipeg.

MCC wants to continually learn and grow. Change and growth are critical for the sake of those we serve through relief, development and peace in the name of Christ. As mentioned, since early 2023, we’ve been working toward change in three areas:

1. Expanding HR capacity
2. Better integrating restorative justice principles into all HR work
3. Reviewing our policies around conflict, harassment, grievance and abuse of power, including a review of the Speak Up Service.

In particular, we have begun working toward increasing our international HR capacity. This is an ongoing process that includes gathering data and information, then identifying how to best respond. This also includes looking at how to more fully integrate restorative practices into the ongoing HR work. Within the category of safeguarding employees, our next step is adding another position to assist in this process in the coming months.

As changes are made, we plan to continue to communicate with stakeholders. We will continue to refine these actions as we learn more from the third-party investigation.

The context in which MCC works continues to grow in complexity. We continue to standardize our policies and procedures. By developing more robust policies, and by consistently implementing processes and procedures around those policies, we can respond fairly and equitably to our ever-growing, ever-diversifying staff and teams across the globe.

For some, this may seem like a more corporate approach. However, in today’s litigious world, with increasingly complex rules and regulations, MCC must engage differently. We must be guided by professional guidelines that reflect legal compliance and best practices. We must build a culture where all staff have a clear understanding of the resources available to them – a culture in which they feel supported, valued and heard. This must be true for all staff, whether they are Canadians serving in Cambodia, Ugandans serving in Zimbabwe, Hondurans serving in Mexico, or U.S. citizens serving in Akron.

When staff separations or transitions need to occur, MCC must sometimes rely on the expertise of lawyers. As caretakers of God’s gifts – knowing we have a deep responsibility to those we serve and to the generous donors who support MCC – we need to listen to the trusted counsel of experts, including lawyers.

In times of conflict during separation, MCC has sometimes used agreements that allow both parties to reach a mutually beneficial resolution and to move forward peacefully. These agreements require both parties to a) not file further lawsuits, b) not disclose confidential information [which are particularly important in war zones or when the conflict may involve team members in other countries where privacy is critical], and c) not publicly disparage each other [non-disparagement clauses].

In fact, MCC very rarely uses NDAs or non-disparagement clauses. In consultation with our lawyers, MCC estimates we have used NDAs or non-disparagement clauses less than half a dozen times in the past 12 years.

In all we do, our goal is to safeguard staff and volunteers – and to safeguard the larger ministry God has entrusted to us. Our duty is to individuals, communities and the wider Anabaptist church. Within that ministry, our commitment is to adhere to our values and best practices – whether in HR, program or finance.

We sincerely thank you for your prayers during this challenging season. Please don’t hesitate to reach out if you have any questions.


In Christ’s peace,