| SEXUAL HARASSMENT COMPLAINT INVESTIGATION | | | | need to know basis and with the understanding |
| PROCEDUREEvery complaint will be thoroughly | | | | that the recipient has a duty to preserve |
| investigated. When a complaint of sexual | | | | confidentiality. We will closely monitor the |
| harassment is received we will take the | | | | situation to ensure that there is no |
| following actions:1. Question both parties in | | | | retaliation against you or any possible |
| detail.2. Probe deeply for corroborative | | | | witnesses.The next step is to consider |
| evidence.Here is what we are trying to | | | | writing a letter in which you request an end |
| determine with our investigation: | | | | to the harassing behavior. Writing a letter |
| | | | to the harasser has been a controversial |
| Is the testimony of the victim internally | | | | issue because it may trigger questions of |
| consistent? Is the testimony of the accused | | | | legality, confidentiality, admissible |
| internally consistent? Does each follow | | | | evidence, and due process. However, if the |
| logically? Are both accounts externally | | | | letter is kept CONFIDENTIAL and is written in |
| consistent? Does the victim's account jibe | | | | a "polite" yet direct manner, these questions |
| with the testimony of witnesses? Does the | | | | will not arise. The letter should contain the |
| accused's account jibe with the testimony of | | | | following:1. A description of the incident |
| witnesses? Did the accused have time to do | | | | and the type of behavior, including details |
| what the victim alleged? Does the victim have | | | | about location, date, and time of the |
| any possible motive for falsely implicating | | | | incident. This part should be low-key and |
| the accused? Could the harassment have | | | | should address only the facts.2. A |
| happened at the time and location specified? | | | | description of the incident's mental and |
| Despite the fact that there were no | | | | physical effect on you. You should convey |
| witnesses, could the harassment have taken | | | | opinions, thoughts, and feelings, and should |
| place at the time and the location?We will | | | | share the effect of the harassing behavior. |
| not assume the accused is guilty, but neither | | | | For example, "It embarrassed me," "made my |
| will we attach much significance to a general | | | | stomach turn to knots," or "I can't |
| denial by the accused harasser. We will | | | | concentrate on my work."3. An clear statement |
| search completely and thoroughly for evidence | | | | that you want the sexual harassment to stop |
| that corroborates either side's story. We | | | | immediately and what is necessary to maintain |
| will do this by:1. Interviewing co-workers, | | | | any future relationship. For example, "I want |
| supervisors, and managers2. Obtaining | | | | our relationship to be strictly professional |
| testimony from individuals who observed the | | | | and I don't want you ever to touch me again |
| accuser's demeanor immediately after the | | | | or make gestures or remarks about my |
| alleged incident of harassment3. Checking out | | | | sexuality." A copy of the letter should be |
| people with whom the alleged victim discussed | | | | kept by you in a secured location. A copy |
| the incident (e.g., co-workers, a doctor, or | | | | should be given to your supervisor or the |
| a counselor).We will ask other employees if | | | | person in personnel who is assisting you, and |
| they noticed changes in the accusing | | | | a copy to your union steward. You may give |
| individual's behavior at work or in the | | | | the letter to the harasser in person or send |
| alleged harasser's treatment of him or her. | | | | it by certified mail. We will help you write |
| We will look for evidence of other | | | | the letter if you want us to do so.Generally |
| complaints, either by the victim or other | | | | writing a letter is more powerful than a |
| employees. We will follow up on evidence that | | | | verbal message telling the harasser to stop. |
| other employees were sexually harassed by the | | | | Writing a letter is an important step toward |
| same person. In order to make a fair and | | | | ending the sexual harassment. Other |
| legal decision on a sexual harassment | | | | advantages of writing a letter are as |
| complaint we need to find out as much | | | | follows- It keeps the incident/s |
| information as we can, not only on the | | | | confidential.- It avoids public or one-on-one |
| incident itself, but also on the victim's and | | | | confrontation.- It gives the alleged harasser |
| accuser's personalities, surroundings, and | | | | a chance to know how his or her behavior is |
| relationships. To accomplish this task, we | | | | affecting you.- It gives the harasser a |
| need to not only ask many questions of the | | | | chance to change his or her behavior or |
| victim and accuser, but also of any witnesses | | | | defend it before informal or formal |
| to the incident and the surrounding | | | | complaints are filed.- It may minimize or |
| environment.Here are some questions we may | | | | prevent retaliation against you.- It may be |
| ask the victim: | | | | used in support of a formal complaint or |
| | | | lawsuit to demonstrate that you initiated |
| Specific to the incident, what happened? | | | | action to end the harassment.HARASSMENT |
| When did it happen? Where did it happen? What | | | | QUESTIONNAIREThis questionnaire will be |
| preceded the incident? What did the harasser | | | | administered to all employees at least once |
| do or say? What did you do or say? What | | | | per year. Please do not write any names on |
| happened in addition to or since the | | | | this form. Continue on the back of this form |
| incident? Who may have seen or heard the | | | | if additional space is needed to answer a |
| incident? With whom have you discussed the | | | | question.Questions (Answer Y or N )1. Have |
| incident?Here are some questions we may ask | | | | you been subjected to sexual harassment while |
| the accused: | | | | working here? (If "No," skip to Question |
| | | | #11.) Y ___ N ___2. If so, what did you |
| Specific to the incident, are you attracted | | | | encounter? (Check as appropriate).- Physical |
| to (name the employee)? Do you ever think of | | | | contact you did not want. Y ___ N |
| (name the employee) in a sexual way? Have you | | | | ___- Cornering or invading your "personal |
| ever touched (name the employee)? Have you | | | | space." Y ___ N ___- Continued or repeated |
| tried to kiss (name the employee)? (Describe | | | | idle chatter of a sexual nature and graphic |
| the alleged incident.) Please give me your | | | | comments about sex. |
| version of the incident. Did you offer (name | | | | |
| the employee) help with his/her career in | | | | Y ___ N ___- Offensive and persistent |
| exchange for his/her affection?Here are some | | | | "risque" jokes or sexual teasing. Y ___ N |
| questions we may ask any witnesses: | | | | ___- Comments made or questions asked about |
| | | | the sensuality of your spouse, friend or your |
| Have co-workers complained about | | | | own sexual orientation. Y ___ N |
| inappropriate behavior in the department? | | | | ___- Pseudo-medical advice given to you such |
| Have you personally noticed or been offended | | | | as "You must be feeling bad because you |
| by inappropriate behavior? Please describe | | | | didn't get enough (sex)" or "A Little Tender |
| any inappropriate or offensive behavior that | | | | Loving Care (TLC) will cure your ailments." |
| you have experienced or witnessed. Are there | | | | |
| any calendar pictures or posters displayed | | | | Y ___ N ___- Provocative looks such as |
| which offend you or someone else? Have | | | | leering or ogling. Y ___ N ___- Lewd gestures |
| offensive jokes or comments been made about | | | | (holding or eating fruit provocatively) or |
| people in the department? (If the answer to | | | | suggestive noises or sounds (wolf calls, |
| the above question is yes then ask:) Who made | | | | kissing sounds, or lip smacking). Y ___ N |
| these remarks and what was said? Specific to | | | | ___- Annoying or degrading comments about |
| the incident (describe the time and place of | | | | your body, weight, or size. Y ___ N |
| the incident, then ask:), Did you notice | | | | ___- Annoying or degrading remarks about sex. |
| anything in your department that may have | | | | Y ___ N __- Pressure to engage in sexual |
| disturbed you or another employee? Did you | | | | activity, but without job-related threats. Y |
| hear a conversation involving (name the | | | | ___ N ___- Threats or suggestions that your |
| employee)? Did you see anyone talking to this | | | | job or working conditions, etc., depend on |
| employee? Did you observe any interaction | | | | your submission to sexual demands. Y ___ N |
| between this employee and a co-worker or | | | | ___- If you have experienced sexual |
| supervisor?MYTHS ABOUT SEXUAL HARASSMENT- The | | | | harassment on the job in a form that was not |
| complainant wanted the attention or enjoyed | | | | listed, please use the space below to |
| it.- The complainant's physical appearance or | | | | explain. (Continue on the back if necessary). |
| 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 | | | | ____________________4. Who harassed you? (Do |
| victims or sexual harassment and women do not | | | | not write names)Co-worker _____ Supervisor |
| sexually harass. (Approximately 10% of | | | | _____ Customer _____Other: (Specify) |
| reported cases are filed against women and | | | | ____________5. What action did you take to |
| 90% against men).- Sexual harassment is only | | | | end the harassment? (If you did not take any |
| teasing and an innocent flirtation | | | | actions to end the harassment, skip to |
| sport.- Sexual harassment is rare in the | | | | Question #8.) |
| workplace.- If the complainant had only said | | | | |
| "No," the harassment would have stopped.For | | | | No Action _____Filed a formal complaint |
| many people, sexual harassment is an | | | | grievance _____Filed an informal complaint |
| uncomfortable, disturbing and even | | | | grievance _____Resolved the problem on your |
| frightening experience. It can be extremely | | | | own _____ |
| disruptive to one's lifestyle to face a | | | | |
| continuous barrage of unwanted comments, to | | | | Other measures: (Specify) |
| rearrange one's schedule to avoid certain | | | | _________________________________________6. D |
| people, and to simply live in a constant | | | | id the harassment stop when you initiated |
| state of wariness. As a result, harassment | | | | action to end it? Y ___ N ___7. What was the |
| can have devastating effects on one's | | | | outcome? (Continue on back if necessary) |
| 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 | | | | ____________________8. If you did not take |
| that the perpetrator will exercise their | | | | any action to end the harassment, please |
| power in a disadvantageous way. For example, | | | | indicate why? |
| 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 | | | | ____________________9. Would you have filed a |
| authority or even a friend. Others try to | | | | complainant if you had been aware of a |
| downplay the existence of the harassment in | | | | procedure for you to do so? Y N10. Were you |
| the hopes that it will simply end. But | | | | penalized in any way for objecting or |
| victims are not to blame for the behavior of | | | | complaining? If so, how? Y N |
| 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 | | | | ____________________11. Do you know of anyone |
| you.We will not treat your complaint as | | | | who works in this unit who has been harassed |
| trivial. All complaints will be taken | | | | and was afraid to object or complain? Y |
| seriously, but there is a wide degree of | | | | N12. Do you think that sexual harassment is a |
| difference between incidents. You and the | | | | problem in this unit? What suggestions do you |
| person accused will be advised of your right | | | | have for creating a sexual harassment-free |
| to union representation. Less serious | | | | work place? Y N |
| 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 | | | | ____________________13. Has harassment, or |
| where necessary for the employee to modify | | | | your fear of it, distracted you from your |
| his or her behavior. We will first try to | | | | work or reduced your efficiency? Y N How? |
| resolve the issue informally without a formal | | | | (Specify and continue on back if |
| complaint, unless the incident was | | | | necessary.)__________________________________ |
| unambiguous and severe, in which case a | | | | _______________________________ |
| formal procedure will be implemented | | | | _____________________________________________ |
| immediately. It is up to you to decide how | | | | ____________________14. (Optional) Are you |
| serious the situation is. You will not be | | | | male or female? M F15. Please make any |
| pressured to handle the incident informally. | | | | additional comments on any aspect of this |
| If the situation is adequately resolved with | | | | subject. |
| 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 | | | | ____________________Permission is hereby |
| acts of sexual harassment.We will instruct | | | | granted to modify and use the information in |
| you to keep a record of the incidents of | | | | this draft sexual harassment guideline, |
| sexual harassment. You should record all | | | | provided you include reference to the author |
| incidents, dates, times, places, and | | | | as shown at the end.Original document created |
| witnesses who heard or saw the incident. You | | | | by Al Link (4 Freedoms Relationship Tantra) |
| should seek information about others who may | | | | Link and Pala Copeland own and operate 4 |
| have been similarly harassed, but it would be | | | | Freedoms Relationship Tantra. They regularly |
| better to do this only after you talk to us. | | | | host Tantra Sacred Loving weekends near |
| These persons may be important components in | | | | Ottawa Canada, and weeklong retreats in |
| the grievance resolution process if a formal | | | | exotic locations around the planet. For more |
| complaint is filed. You will want to contact | | | | information call toll free from Canada or |
| the individuals perceived to be targets of | | | | USA: 1-800-684-5308 International long |
| sexual harassment before disclosing their | | | | distance: 1-819-689-5308. Visit their website |
| names. This action should be discrete and | | | | or send email: Their book, Soul Sex: Tantra |
| kept confidential for your own protection and | | | | for Two, is published by New Page Books, |
| also to be absolutely fair to the accused. | | | | 2003. |
| Information should be disclosed only on a | | | | |