| SEXUAL HARASSMENT COMPLAINT | | | | These persons may be important components in the |
| INVESTIGATION PROCEDUREEvery complaint will be | | | | grievance resolution process if a formal complaint is |
| thoroughly investigated. When a complaint of sexual | | | | filed. You will want to contact the individuals |
| harassment is received we will take the following | | | | perceived to be targets of sexual harassment before |
| actions:1. Question both parties in detail.2. Probe | | | | disclosing their names. This action should be discrete |
| deeply for corroborative evidence.Here is what we | | | | and kept confidential for your own protection and |
| are trying to determine with our investigation: | | | | also to be absolutely fair to the accused. Information |
| Is the testimony of the victim internally consistent? | | | | should be disclosed only on a need to know basis and |
| Is the testimony of the accused internally consistent? | | | | with the understanding that the recipient has a duty |
| Does each follow logically? Are both accounts | | | | to preserve confidentiality. We will closely monitor the |
| externally consistent? Does the victim's account jibe | | | | situation to ensure that there is no retaliation against |
| with the testimony of witnesses? Does the accused's | | | | you or any possible witnesses.The next step is to |
| account jibe with the testimony of witnesses? Did | | | | consider writing a letter in which you request an end |
| the accused have time to do what the victim | | | | to the harassing behavior. Writing a letter to the |
| alleged? Does the victim have any possible motive | | | | harasser has been a controversial issue because it |
| for falsely implicating the accused? Could the | | | | may trigger questions of legality, confidentiality, |
| harassment have happened at the time and location | | | | admissible evidence, and due process. However, if |
| specified? Despite the fact that there were no | | | | the letter is kept CONFIDENTIAL and is written in a |
| witnesses, could the harassment have taken place at | | | | "polite" yet direct manner, these questions will not |
| the time and the location?We will not assume the | | | | arise. The letter should contain the following:1. A |
| accused is guilty, but neither will we attach much | | | | description of the incident and the type of behavior, |
| significance to a general denial by the accused | | | | including details about location, date, and time of the |
| harasser. We will search completely and thoroughly | | | | incident. This part should be low-key and should |
| for evidence that corroborates either side's story. | | | | address only the facts.2. A description of the |
| We will do this by:1. Interviewing co-workers, | | | | incident's mental and physical effect on you. You |
| supervisors, and managers2. Obtaining testimony | | | | should convey opinions, thoughts, and feelings, and |
| from individuals who observed the accuser's | | | | should share the effect of the harassing behavior. For |
| demeanor immediately after the alleged incident of | | | | example, "It embarrassed me," "made my stomach |
| harassment3. Checking out people with whom the | | | | turn to knots," or "I can't concentrate on my work."3. |
| alleged victim discussed the incident (e.g., co-workers, | | | | An clear statement that you want the sexual |
| a doctor, or a counselor).We will ask other | | | | harassment to stop immediately and what is |
| employees if they noticed changes in the accusing | | | | necessary to maintain any future relationship. For |
| individual's behavior at work or in the alleged | | | | example, "I want our relationship to be strictly |
| harasser's treatment of him or her. We will look for | | | | professional and I don't want you ever to touch me |
| evidence of other complaints, either by the victim or | | | | again or make gestures or remarks about my |
| other employees. We will follow up on evidence that | | | | sexuality." A copy of the letter should be kept by |
| other employees were sexually harassed by the | | | | you in a secured location. A copy should be given to |
| same person. In order to make a fair and legal | | | | your supervisor or the person in personnel who is |
| decision on a sexual harassment complaint we need | | | | assisting you, and a copy to your union steward. You |
| to find out as much information as we can, not only | | | | may give the letter to the harasser in person or send |
| on the incident itself, but also on the victim's and | | | | it by certified mail. We will help you write the letter if |
| accuser's personalities, surroundings, and relationships. | | | | you want us to do so.Generally writing a letter is |
| To accomplish this task, we need to not only ask | | | | more powerful than a verbal message telling the |
| many questions of the victim and accuser, but also | | | | harasser to stop. Writing a letter is an important step |
| of any witnesses to the incident and the surrounding | | | | toward ending the sexual harassment. Other |
| environment.Here are some questions we may ask | | | | advantages of writing a letter are as follows- It |
| the victim: | | | | keeps the incident/s confidential.- It avoids public or |
| Specific to the incident, what happened? When did it | | | | one-on-one confrontation.- It gives the alleged |
| happen? Where did it happen? What preceded the | | | | harasser a chance to know how his or her behavior |
| incident? What did the harasser do or say? What did | | | | is affecting you.- It gives the harasser a chance to |
| you do or say? What happened in addition to or | | | | change his or her behavior or defend it before |
| since the incident? Who may have seen or heard the | | | | informal or formal complaints are filed.- It may |
| incident? With whom have you discussed the | | | | minimize or prevent retaliation against you.- It may be |
| incident?Here are some questions we may ask the | | | | used in support of a formal complaint or lawsuit to |
| accused: | | | | demonstrate that you initiated action to end the |
| Specific to the incident, are you attracted to (name | | | | harassment.HARASSMENT QUESTIONNAIREThis |
| the employee)? Do you ever think of (name the | | | | questionnaire will be administered to all employees at |
| employee) in a sexual way? Have you ever touched | | | | least once per year. Please do not write any names |
| (name the employee)? Have you tried to kiss (name | | | | on this form. Continue on the back of this form if |
| the employee)? (Describe the alleged incident.) Please | | | | additional space is needed to answer a |
| give me your version of the incident. Did you offer | | | | question.Questions (Answer Y or N )1. Have you |
| (name the employee) help with his/her career in | | | | been subjected to sexual harassment while working |
| exchange for his/her affection?Here are some | | | | here? (If "No," skip to Question #11.) Y ___ N ___2. |
| questions we may ask any witnesses: | | | | If so, what did you encounter? (Check as |
| Have co-workers complained about inappropriate | | | | appropriate).- Physical contact you did not want. Y |
| behavior in the department? Have you personally | | | | ___ N ___- Cornering or invading your "personal |
| noticed or been offended by inappropriate behavior? | | | | space." Y ___ N ___- Continued or repeated idle |
| Please describe any inappropriate or offensive | | | | chatter of a sexual nature and graphic comments |
| behavior that you have experienced or witnessed. | | | | about sex. |
| Are there any calendar pictures or posters displayed | | | | Y ___ N ___- Offensive and persistent "risque" |
| which offend you or someone else? Have offensive | | | | jokes or sexual teasing. Y ___ N ___- Comments |
| jokes or comments been made about people in the | | | | made or questions asked about the sensuality of |
| department? (If the answer to the above question is | | | | your spouse, friend or your own sexual orientation. Y |
| yes then ask:) Who made these remarks and what | | | | ___ N ___- Pseudo-medical advice given to you |
| was said? Specific to the incident (describe the time | | | | such as "You must be feeling bad because you didn't |
| and place of the incident, then ask:), Did you notice | | | | get enough (sex)" or "A Little Tender Loving Care |
| anything in your department that may have disturbed | | | | (TLC) will cure your ailments." |
| you or another employee? Did you hear a | | | | Y ___ N ___- Provocative looks such as leering or |
| conversation involving (name the employee)? Did you | | | | ogling. Y ___ N ___- Lewd gestures (holding or |
| see anyone talking to this employee? Did you | | | | eating fruit provocatively) or suggestive noises or |
| observe any interaction between this employee and | | | | sounds (wolf calls, kissing sounds, or lip smacking). Y |
| a co-worker or supervisor?MYTHS ABOUT SEXUAL | | | | ___ N ___- Annoying or degrading comments about |
| HARASSMENT- The complainant wanted the | | | | your body, weight, or size. Y ___ N ___- Annoying |
| attention or enjoyed it.- The complainant's physical | | | | or degrading remarks about sex. Y ___ N __- |
| appearance or clothing enticed the harasser.- The | | | | Pressure to engage in sexual activity, but without |
| complainant probably falsified the incident report of | | | | job-related threats. Y ___ N ___- Threats or |
| sexual harassment.- The complainants and the | | | | suggestions that your job or working conditions, etc., |
| accused sexual harassers can be easily identified or | | | | depend on your submission to sexual demands. Y |
| stereotyped.- All men are harassers.- Women are the | | | | ___ N ___- If you have experienced sexual |
| only victims or sexual harassment and women do not | | | | harassment on the job in a form that was not listed, |
| sexually harass. (Approximately 10% of reported | | | | please use the space below to explain. (Continue on |
| cases are filed against women and 90% against | | | | the back if necessary). |
| 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," | | | | ____________________________4. Who |
| the harassment would have stopped.For many | | | | harassed you? (Do not write names)Co-worker |
| people, sexual harassment is an uncomfortable, | | | | _____ Supervisor _____ Customer _____Other: |
| disturbing and even frightening experience. It can be | | | | (Specify) ____________5. What action did you |
| extremely disruptive to one's lifestyle to face a | | | | take to end the harassment? (If you did not take |
| continuous barrage of unwanted comments, to | | | | any actions to end the harassment, skip to Question |
| rearrange one's schedule to avoid certain people, and | | | | #8.) |
| to simply live in a constant state of wariness. As a | | | | No Action _____Filed a formal complaint/grievance |
| result, harassment can have devastating effects on | | | | _____Filed an informal complaint/grievance |
| one's performance at work, one's comfort and | | | | _____Resolved the problem on your own _____ |
| self-esteem and physical health. Often, people are | | | | Other measures: (Specify) |
| afraid of addressing the harassment they experience | | | | ____6. Did the harassment stop when you initiated |
| because they fear that the perpetrator will exercise | | | | action to end it? Y ___ N ___7. What was the |
| their power in a disadvantageous way. For example, | | | | outcome? (Continue on back if necessary) |
| one might fear losing a promotion, getting a poor | | | | ____________________________ |
| evaluation, or being fired if one protests or even | | | | ____________________________8. If you did |
| acknowledges the harassment.People who are | | | | not take any action to end the harassment, please |
| sexually harassed often wrongly assume that the | | | | indicate why? |
| 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 | | | | ____________________________9. Would |
| existence of the harassment in the hopes that it will | | | | you have filed a complainant if you had been aware |
| simply end. But victims are not to blame for the | | | | of a procedure for you to do so? Y N10. Were you |
| behavior of their harasser, nor should they pretend | | | | penalized in any way for objecting or complaining? If |
| that the negative effects they're experiencing don't | | | | so, how? Y N |
| 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 | | | | ____________________________11. Do you |
| come forward to us with your complaint, this is how | | | | know of anyone who works in this unit who has |
| we will help you.We will not treat your complaint as | | | | been harassed and was afraid to object or complain? |
| trivial. All complaints will be taken seriously, but there | | | | Y N12. Do you think that sexual harassment is a |
| is a wide degree of difference between incidents. | | | | problem in this unit? What suggestions do you have |
| You and the person accused will be advised of your | | | | for creating a sexual harassment-free work place? Y |
| right to union representation. Less serious complaints | | | | N |
| can be handled informally. For example, the supervisor | | | | ____________________________ |
| may call in the person who has been complained | | | | ____________________________13. Has |
| about and reiterate the policy and make | | | | harassment, or your fear of it, distracted you from |
| admonishments where necessary for the employee | | | | your work or reduced your efficiency? Y N How? |
| to modify his or her behavior. We will first try to | | | | (Specify and continue on back if |
| resolve the issue informally without a formal | | | | ____________________________________ |
| complaint, unless the incident was unambiguous and | | | | ____________________________14. |
| severe, in which case a formal procedure will be | | | | (Optional) Are you male or female? M F15. Please |
| implemented immediately. It is up to you to decide | | | | make any additional comments on any aspect of this |
| how serious the situation is. You will not be pressured | | | | subject. |
| 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 | | | | ____________________________Permission is |
| accept the self-help approach. If so, approach the | | | | hereby granted to modify and use the information in |
| harasser and say "I want (whatever the sexually | | | | this draft sexual harassment guideline, provided you |
| harassing behavior is) to stop immediately" in a firm | | | | include reference to the author as shown at the |
| and assertive manner. This approach gives you an | | | | end.Original document created by Al Link (4 |
| active role in the resolution process and a sense of | | | | Freedoms Relationship Tantra) Link and Pala Copeland |
| "empowerment." Telling the harasser to stop will | | | | own and operate 4 Freedoms Relationship Tantra. |
| often deter the harasser from subsequent and more | | | | They regularly host Tantra Sacred Loving weekends |
| progressive acts of sexual harassment.We will | | | | near Ottawa Canada, and weeklong retreats in |
| instruct you to keep a record of the incidents of | | | | exotic locations around the planet. For more |
| sexual harassment. You should record all incidents, | | | | information call toll free from Canada or USA: |
| dates, times, places, and witnesses who heard or | | | | 1-800-684-5308 International long distance: |
| saw the incident. You should seek information about | | | | 1-819-689-5308. Visit their website or send email: |
| others who may have been similarly harassed, but it | | | | Their book, Soul Sex: Tantra for Two, is published by |
| would be better to do this only after you talk to us. | | | | New Page Books, 2003. |