Sexual Harassment Policy Guidelines Part II

SEXUAL HARASSMENT COMPLAINT INVESTIGATION PROCEDURE

Every complaint will be thoroughly investigated. When a complaint of sexual harassment is received we will take the following actions:

1. Question both parties in detail.

2. Probe deeply for corroborative evidence.

Here is what we are trying to determine with our investigation: Is the testimony of the victim internally consistent? Is the testimony of the accused internally consistent? Does each follow logically? Are both accounts externally consistent? Does the victim's account jibe with the testimony of witnesses? Does the accused's account jibe with the testimony of witnesses? Did the accused have time to do what the victim alleged? Does the victim have any possible motive for falsely implicating the accused? Could the harassment have happened at the time and location specified? Despite the fact that there were no witnesses, could the harassment have taken place at the time and the location?

We will not assume the accused is guilty, but neither will we attach much significance to a general denial by the accused harasser. We will search completely and thoroughly for evidence that corroborates either side's story. We will do this by:

1. Interviewing co-workers, supervisors, and managers

2. Obtaining testimony from individuals who observed the accuser's demeanor immediately after the alleged incident of harassment

3. Checking out people with whom the alleged victim discussed the incident (e.g., co-workers, a doctor, or a counselor).

We will ask other employees if they noticed changes in the accusing individual's behavior at work or in the alleged harasser's treatment of him or her. We will look for evidence of other complaints, either by the victim or other employees. We will follow up on evidence that other employees were sexually harassed by the same person. In order to make a fair and legal decision on a sexual harassment complaint we need to find out as much information as we can, not only on the incident itself, but also on the victim's and accuser's personalities, surroundings, and relationships. To accomplish this task, we need to not only ask many questions of the victim and accuser, but also of any witnesses to the incident and the surrounding environment.

Here are some questions we may ask the victim:
Specific to the incident, what happened? When did it happen? Where did it happen? What preceded the incident? What did the harasser do or say? What did you do or say? What happened in addition to or since the incident? Who may have seen or heard the incident? With whom have you discussed the incident?

Here are some questions we may ask the accused:
Specific to the incident, are you attracted to (name the employee)? Do you ever think of (name the employee) in a sexual way? Have you ever touched (name the employee)? Have you tried to kiss (name the employee)? (Describe the alleged incident.) Please give me your version of the incident. Did you offer (name the employee) help with his/her career in exchange for his/her affection?

Here are some questions we may ask any witnesses:
Have co-workers complained about inappropriate behavior in the department? Have you personally noticed or been offended by inappropriate behavior? Please describe any inappropriate or offensive behavior that you have experienced or witnessed. Are there any calendar pictures or posters displayed which offend you or someone else? Have offensive jokes or comments been made about people in the department? (If the answer to the above question is yes then ask:) Who made these remarks and what was said? Specific to the incident (describe the time and place of the incident, then ask:), Did you notice anything in your department that may have disturbed you or another employee? Did you hear a conversation involving (name the employee)? Did you see anyone talking to this employee? Did you observe any interaction between this employee and a co-worker or supervisor?

MYTHS ABOUT SEXUAL HARASSMENT

- The complainant wanted the attention or enjoyed it.

- The complainant's physical appearance or clothing enticed the harasser.

- The complainant probably falsified the incident report of sexual harassment.

- The complainants and the accused sexual harassers can be easily identified or stereotyped.

- All men are harassers.

- Women are the only victims or sexual harassment and women do not sexually harass. (Approximately 10% of reported cases are filed against women and 90% against men).

- Sexual harassment is only teasing and an innocent flirtation sport.

- Sexual harassment is rare in the workplace.

- If the complainant had only said "No," the harassment would have stopped.

For many people, sexual harassment is an uncomfortable, disturbing and even frightening experience. It can be extremely disruptive to one's lifestyle to face a continuous barrage of unwanted comments, to rearrange one's schedule to avoid certain people, and to simply live in a constant state of wariness. As a result, harassment can have devastating effects on one's performance at work, one's comfort and self-esteem and physical health. Often, people are afraid of addressing the harassment they experience because they fear that the perpetrator will exercise their power in a disadvantageous way. For example, one might fear losing a promotion, getting a poor evaluation, or being fired if one protests or even acknowledges the harassment.

People who are sexually harassed often wrongly assume that the cause of their problem is in their own conduct, and therefore are very hesitant to confront the instigator, or to discuss the problem with an authority or even a friend. Others try to downplay the existence of the harassment in the hopes that it will simply end. But victims are not to blame for the behavior of their harasser, nor should they pretend that the negative effects they're experiencing don't exist, because they probably won't go away by themselves.

We understand that if you have been the victim of sexual harassment you may not have told the harasser to stop for a variety of reasons. If you come forward to us with your complaint, this is how we will help you.

We will not treat your complaint as trivial. All complaints will be taken seriously, but there is a wide degree of difference between incidents. You and the person accused will be advised of your right to union representation. Less serious complaints can be handled informally. For example, the supervisor may call in the person who has been complained about and reiterate the policy and make admonishments where necessary for the employee to modify his or her behavior. We will first try to resolve the issue informally without a formal complaint, unless the incident was unambiguous and severe, in which case a formal procedure will be implemented immediately. It is up to you to decide how serious the situation is. You will not be pressured to handle the incident informally. If the situation is adequately resolved with an informal procedure, no further action shall be taken. If the matter is not resolved to the complainant's satisfaction through informal resolution, a formal procedure will be implemented.

We will ask you if you feel comfortable asking the harasser to stop, or would prefer third-party intervention from us. You may choose to accept the self-help approach. If so, approach the harasser and say "I want (whatever the sexually harassing behavior is) to stop immediately" in a firm and assertive manner. This approach gives you an active role in the resolution process and a sense of "empowerment." Telling the harasser to stop will often deter the harasser from subsequent and more progressive acts of sexual harassment.

We will instruct you to keep a record of the incidents of sexual harassment. You should record all incidents, dates, times, places, and witnesses who heard or saw the incident. You should seek information about others who may have been similarly harassed, but it would be better to do this only after you talk to us. These persons may be important components in the grievance resolution process if a formal complaint is filed. You will want to contact the individuals perceived to be targets of sexual harassment before disclosing their names. This action should be discrete and kept confidential for your own protection and also to be absolutely fair to the accused. Information should be disclosed only on a need to know basis and with the understanding that the recipient has a duty to preserve confidentiality. We will closely monitor the situation to ensure that there is no retaliation against you or any possible witnesses.

The next step is to consider writing a letter in which you request an end to the harassing behavior. Writing a letter to the harasser has been a controversial issue because it may trigger questions of legality, confidentiality, admissible evidence, and due process. However, if the letter is kept CONFIDENTIAL and is written in a "polite" yet direct manner, these questions will not arise. The letter should contain the following:

1. A description of the incident and the type of behavior, including details about location, date, and time of the incident. This part should be low-key and should address only the facts.

2. A description of the incident's mental and physical effect on you. You should convey opinions, thoughts, and feelings, and should share the effect of the harassing behavior. For example, "It embarrassed me," "made my stomach turn to knots," or "I can't concentrate on my work."

3. An clear statement that you want the sexual harassment to stop immediately and what is necessary to maintain any future relationship. For example, "I want our relationship to be strictly professional and I don't want you ever to touch me again or make gestures or remarks about my sexuality." A copy of the letter should be kept by you in a secured location. A copy should be given to your supervisor or the person in personnel who is assisting you, and a copy to your union steward. You may give the letter to the harasser in person or send it by certified mail. We will help you write the letter if you want us to do so.

Generally writing a letter is more powerful than a verbal message telling the harasser to stop. Writing a letter is an important step toward ending the sexual harassment. Other advantages of writing a letter are as follows

- It keeps the incident/s confidential.

- It avoids public or one-on-one confrontation.

- It gives the alleged harasser a chance to know how his or her behavior is affecting you.

- It gives the harasser a chance to change his or her behavior or defend it before informal or formal complaints are filed.

- It may minimize or prevent retaliation against you.

- It may be used in support of a formal complaint or lawsuit to demonstrate that you initiated action to end the harassment.

HARASSMENT QUESTIONNAIRE

This questionnaire will be administered to all employees at least once per year. Please do not write any names on this form. Continue on the back of this form if additional space is needed to answer a question.

Questions (Answer Y or N )

1. Have you been subjected to sexual harassment while working here? (If "No," skip to Question #11.) Y ___ N ___

2. If so, what did you encounter? (Check as appropriate).

? Physical contact you did not want. Y ___ N ___

? Cornering or invading your "personal space." Y ___ N ___

? Continued or repeated idle chatter of a sexual nature and graphic comments about sex. Y ___ N ___

? Offensive and persistent "risque" jokes or sexual teasing. Y ___ N ___

? Comments made or questions asked about the sensuality of your spouse, friend or your own sexual orientation. Y ___ N ___

? Pseudo-medical advice given to you such as "You must be feeling bad because you didn't get enough (sex)" or "A Little Tender Loving Care (TLC) will cure your ailments." Y ___ N ___

? Provocative looks such as leering or ogling. Y ___ N ___

? Lewd gestures (holding or eating fruit provocatively) or suggestive noises or sounds (wolf calls, kissing sounds, or lip smacking). Y ___ N ___

? Annoying or degrading comments about your body, weight, or size. Y ___ N ___

? Annoying or degrading remarks about sex. Y ___ N __

? Pressure to engage in sexual activity, but without job-related threats. Y ___ N ___

? Threats or suggestions that your job or working conditions, etc., depend on your submission to sexual demands. Y ___ N ___

? If you have experienced sexual harassment on the job in a form that was not listed, please use the space below to explain. (Continue on the back if necessary).
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________

4. Who harassed you? (Do not write names)

Co-worker _____ Supervisor _____ Customer _____Other: (Specify) ____________

5. What action did you take to end the harassment? (If you did not take any actions to end the harassment, skip to Question #8.) No Action _____Filed a formal complaint/grievance _____Filed an informal complaint/grievance _____Resolved the problem on your own _____ Other measures: (Specify) _________________________________________

6. Did the harassment stop when you initiated action to end it? Y ___ N ___

7. What was the outcome? (Continue on back if necessary)
_________________________________________________________________
_________________________________________________________________

8. If you did not take any action to end the harassment, please indicate why? _________________________________________________________________
_________________________________________________________________
_________________________________________________________________

9. Would you have filed a complainant if you had been aware of a procedure for you to do so? Y N

10. Were you penalized in any way for objecting or complaining? If so, how? Y N _________________________________________________________________
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________

11. Do you know of anyone who works in this unit who has been harassed and was afraid to object or complain? Y N

12. Do you think that sexual harassment is a problem in this unit? What suggestions do you have for creating a sexual harassment-free work place? Y N _________________________________________________________________ _________________________________________________________________

13. Has harassment, or your fear of it, distracted you from your work or reduced your efficiency? Y N How? (Specify and continue on back if necessary.)

_________________________________________________________________
_________________________________________________________________

14. (Optional) Are you male or female? M F

15. Please make any additional comments on any aspect of this subject. _________________________________________________________________
_________________________________________________________________ _________________________________________________________________
_________________________________________________________________ _________________________________________________________________
_________________________________________________________________ _________________________________________________________________
_________________________________________________________________

Permission is hereby granted to modify and use the information in this draft sexual harassment guideline, provided you include reference to the author as shown at the end.

Original document created by Al Link (4 Freedoms Relationship Tantra) http://www.tantra-sex.com.

Al Link and Pala Copeland own and operate 4 Freedoms Relationship Tantra. They regularly host Tantra Sacred Loving weekends near Ottawa Canada, and weeklong retreats in exotic locations around the planet. For more information call toll free from Canada or USA: 1-800-684-5308 International long distance: 1-819-689-5308. Visit their website http://www.tantra-sex.com/ or send email: 4freedoms@tantraloving.com Their book, Soul Sex: Tantra for Two, is published by New Page Books, 2003. http://www.tantra-sex.com/soulsex.html

---

Using Outlook to Count Responses

Here's a productivity tip that will save you a lot of time and trouble if you need to collate responses from staff for any reason, especially if you work for an organisation with... Read More

How To Prevent Your New Manager From Becoming A Statistic

According to a study by the Manchester Group, 4 out of 10 new managers fail in the first 18 months! The top 5 reasons cited:Not building partnerships or teams with colleagues and peersUnclear... Read More

Terrible Meetings - Ten Ways to Spot Them!

Sometimes, better than giving advice about how to run things well, it can be useful to have a hit list to notice to help you identify when things are less than productive. Meetings... Read More

Top 7 Methods to Empower Employees

How many times have you asked someone to do something like "draw up a plan for such and such project"? Your employee completes the plan, but then you say, "That is not what... Read More

Organizational Culture, Creativity, Innovation

It can be concluded with great certainty that certain organizational cultures inhibit creativity and innovation whilst others foster it. Some organizations are just better at identifying problems, generating and selecting valuable ideas and... Read More

10 Ways To Maintain Profits In A Slow Economy

1. Sell more back end products to your existing customer base. You already created rapport, trust and proved your credibility to them.2. Make it a practice to up sell to new and existing... Read More

Commercial Collections Billing Practices Advice

Swiftness is the key to collecting past due commercial accounts because commercial accounts depreciate more faster than consumer accounts.In creating and implementing a billing system, a credit grantor should recognize that time is... Read More

Which ITIL Process Should We Implement First?

The following question is usually debated a lot amongst IT managers. "With which process should we start when implementing ITIL?" Everybody has their own views, but here are my takes on it.Some consultants... Read More

Great Groups! - Getting a Group to Think Like a Genius

Great Groups! - Getting a Group to Think Like a Genius Wouldn't it be great to have an Edison or Einstein, or Mozart at your next meeting? If you had a genius at... Read More

Employee Motivation: It?s More Than A Paycheck

Managers often ask, usually with exasperation, "How can I keep my employees motivated? I pay them decently. What else is there?"Offering competitive salaries is certainly important. But a paycheck is what helps people... Read More

5 Questions Great Managers Ask (and they arent hard!)

However hard we try, we seem to make life more difficult for ourselves; more challenging; more complex. Yet it needn't be so. try out these five questions with a regularity; a discipline and... Read More

Five Habits of Highly Effective Conflict Resolvers

Steven Covey had the right idea. There are discreet skills and attitudes, habits if you will, that can elevate your conflict practice to a new level. This article shares a selection of habits... Read More

Dialogue vs. Discussion

Have you ever sat in a meeting where everyone is busy giving their point of view and trying to prove why they are right? Where no one is actually listening or trying to... Read More

Benefits of Virtual Assistance

A virtual assistant is an individual who provides business services to other professionals. They're considered virtual because they perform their services from a remote location. Communications with their clients take place through telephone,... Read More

Four Steps to Better Performance Reviews

Direct reports-people who need direction and leadership-rely on their leaders to give them feedback and mentoring, not just management and evaluations. However, these people who most need their boss's help frequently lack the... Read More

How To Delegate for Fun and Profit

Ah, the wretched pain of delegation. It comes easy to some people. But others ? you know who you are ? would rather undergo a double root canal than hand over a task... Read More

Make the Most of Your Time - Focus on Strengths

Once working and focused in tune with what they do best, your people are freed up to deliver their very best performances. They encourage others to work to their strengths too. Thus, each... Read More

DIVERSITY is a BIG word -- With A HUGE Business IMPACT

Second thought! Just in case. YOU or someone you personally know may fit the following picture of success which may carry too much risk for comfort.You can sit back and simply enjoy the... Read More

Organisation Tips For The Mobile Executive

Despite the fact that everyone sighs "How glamorous!", the life of the business traveller can actually be hell! Fighting international datelines, jetlag, airline food, hotel pillows filled with rocks, and the constant packing... Read More

Jack Welch--Success Is Getting Back Up on the Horse

A few months ago I had the opportunity to spend a few minutes with Jack Welch, past CEO of GE. A fantastic opportunity.Some of the things he said about who they hire and... Read More

How to get an Audiences Attention

A trainer dryly discussing how to motivate people in an organization basically has just another "point-by-point" presentation. But suppose that he mounts the podium and begins to speak. Suddenly, a phone on the... Read More

Influencing Change - A Guide for Sellers, Coaches, and Supervisors

When people or groups make a decision to purchase something, they go through the same decision cycle that an individual goes through to decide upon a personal change, or an employee goes through... Read More

Innovation Management ? The Need For Knowledge Managers

Creativity can be defined as problem identification and idea generation whilst innovation can be defined as idea selection, development and commercialisation.There are other useful definitions in this field, for example, creativity can be... Read More

Conference Calling Can Save Your Sales OrganizationTime and Money!

Conference calling can save you money. There is no doubt that in the sales business, every second counts. Whether it be training, sales meetings, or other needs, pulling your employees away from the... Read More

3 Innovation Keys - Do Your Innovative Efforts Need More Power?

Recently, I attended a webinar with nearly 400 other Chief Learning Officers - during one polling period, we were asked what primary driving force pushes organization-wide or individual innovation - the majority agreed... Read More

How to Create a Trusting Manager-Employee Relationship

BUILDING TRUST AS A MANAGER: 1. Be reliable. Follow through on things. Keep your promises. 2. Have ethics. Telling your people the truth and don't reveal their confidences. Being fair and honest with... Read More

Project Management - I Want It ALL

The knee-jerk response to prioritizing requirements is to mark everything as a must-have . "I need everything before the product becomes generally available. I want it ALL!" Give me a break.Granted, if a... Read More

Small Business Outsourcing: An Introduction

Outsourcing is the delegation of a business process to an external service provider. The service provider will then be responsible for the day-to-day running and maintenance of the delegated process.Before outsourcing an IT... Read More

Never Wrestle with a PIG

The business books at the library and book stores fill many shelves. Some authors tend to run a little long at the keyboard. There is one voice that stands out from the crowd,... Read More