Sexual,Harassment,Policy,Guide DIY Sexual Harassment Policy Guidelines Part II

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SEXUAL HARASSMENT COMPLAINT INVESTIGATION PROCEDURE Everycomplaint will be thoroughly investigated. When a complaint of sexualharassment 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: Isthe testimony of the victim internally consistent? Is the testimony ofthe accused internally consistent? Does each follow logically? Are bothaccounts externally consistent? Does the victim's account jibe with thetestimony of witnesses? Does the accused's account jibe with thetestimony of witnesses? Did the accused have time to do what the victimalleged? Does the victim have any possible motive for falselyimplicating the accused? Could the harassment have happened at the timeand location specified? Despite the fact that there were no witnesses,could the harassment have taken place at the time and the location? Wewill not assume the accused is guilty, but neither will we attach muchsignificance to a general denial by the accused harasser. We willsearch completely and thoroughly for evidence that corroborates eitherside'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). Wewill ask other employees if they noticed changes in the accusingindividual's behavior at work or in the alleged harasser's treatment ofhim or her. We will look for evidence of other complaints, either bythe victim or other employees. We will follow up on evidence that otheremployees were sexually harassed by the same person. In order to make afair and legal decision on a sexual harassment complaint we need tofind out as much information as we can, not only on the incidentitself, but also on the victim's and accuser's personalities,surroundings, and relationships. To accomplish this task, we need tonot only ask many questions of the victim and accuser, but also of anywitnesses to the incident and the surrounding environment. Here are some questions we may ask the victim: Specificto the incident, what happened? When did it happen? Where did ithappen? What preceded the incident? What did the harasser do or say?What did you do or say? What happened in addition to or since theincident? Who may have seen or heard the incident? With whom have youdiscussed the incident? Here are some questions we may ask the accused: Specificto the incident, are you attracted to (name the employee)? Do you everthink 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 theincident. Did you offer (name the employee) help with his/her career inexchange for his/her affection? Here are some questions we may ask any witnesses: Haveco-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 haveexperienced or witnessed. Are there any calendar pictures or postersdisplayed which offend you or someone else? Have offensive jokes orcomments been made about people in the department? (If the answer tothe above question is yes then ask:) Who made these remarks and whatwas said? Specific to the incident (describe the time and place of theincident, then ask:), Did you notice anything in your department thatmay have disturbed you or another employee? Did you hear a conversationinvolving (name the employee)? Did you see anyone talking to thisemployee? Did you observe any interaction between this employee and aco-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 notsexually harass. (Approximately 10% of reported cases are filed againstwomen 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. Formany people, sexual harassment is an uncomfortable, disturbing and evenfrightening experience. It can be extremely disruptive to one'slifestyle to face a continuous barrage of unwanted comments, torearrange one's schedule to avoid certain people, and to simply live ina constant state of wariness. As a result, harassment can havedevastating effects on one's performance at work, one's comfort andself-esteem and physical health. Often, people are afraid of addressingthe harassment they experience because they fear that the perpetratorwill exercise their power in a disadvantageous way. For example, onemight fear losing a promotion, getting a poor evaluation, or beingfired if one protests or even acknowledges the harassment. Peoplewho are sexually harassed often wrongly assume that the cause of theirproblem is in their own conduct, and therefore are very hesitant toconfront the instigator, or to discuss the problem with an authority oreven a friend. Others try to downplay the existence of the harassmentin the hopes that it will simply end. But victims are not to blame forthe behavior of their harasser, nor should they pretend that thenegative effects they're experiencing don't exist, because theyprobably won't go away by themselves. We understand that if youhave been the victim of sexual harassment you may not have told theharasser to stop for a variety of reasons. If you come forward to uswith your complaint, this is how we will help you. We will nottreat your complaint as trivial. All complaints will be takenseriously, but there is a wide degree of difference between incidents.You and the person accused will be advised of your right to unionrepresentation. Less serious complaints can be handled informally. Forexample, the supervisor may call in the person who has been complainedabout and reiterate the policy and make admonishments where necessaryfor the employee to modify his or her behavior. We will first try toresolve the issue informally without a formal complaint, unless theincident was unambiguous and severe, in which case a formal procedurewill be implemented immediately. It is up to you to decide how seriousthe situation is. You will not be pressured to handle the incidentinformally. If the situation is adequately resolved with an informalprocedure, no further action shall be taken. If the matter is notresolved to the complainant's satisfaction through informal resolution,a formal procedure will be implemented. We will ask you if youfeel comfortable asking the harasser to stop, or would preferthird-party intervention from us. You may choose to accept theself-help approach. If so, approach the harasser and say "I want(whatever the sexually harassing behavior is) to stop immediately" in afirm and assertive manner. This approach gives you an active role inthe resolution process and a sense of "empowerment." Telling theharasser to stop will often deter the harasser from subsequent and moreprogressive acts of sexual harassment. We will instruct you tokeep a record of the incidents of sexual harassment. You should recordall incidents, dates, times, places, and witnesses who heard or saw theincident. You should seek information about others who may have beensimilarly harassed, but it would be better to do this only after youtalk to us. These persons may be important components in the grievanceresolution process if a formal complaint is filed. You will want tocontact the individuals perceived to be targets of sexual harassmentbefore disclosing their names. This action should be discrete and keptconfidential for your own protection and also to be absolutely fair tothe accused. Information should be disclosed only on a need to knowbasis and with the understanding that the recipient has a duty topreserve confidentiality. We will closely monitor the situation toensure that there is no retaliation against you or any possiblewitnesses. The next step is to consider writing a letter inwhich you request an end to the harassing behavior. Writing a letter tothe harasser has been a controversial issue because it may triggerquestions of legality, confidentiality, admissible evidence, and dueprocess. However, if the letter is kept CONFIDENTIAL and is written ina "polite" yet direct manner, these questions will not arise. Theletter should contain the following: 1. A description of theincident and the type of behavior, including details about location,date, and time of the incident. This part should be low-key and shouldaddress only the facts. 2. A description of the incident'smental and physical effect on you. You should convey opinions,thoughts, and feelings, and should share the effect of the harassingbehavior. For example, "It embarrassed me," "made my stomach turn toknots," or "I can't concentrate on my work." 3. An clearstatement that you want the sexual harassment to stop immediately andwhat is necessary to maintain any future relationship. For example, "Iwant our relationship to be strictly professional and I don't want youever 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. Acopy should be given to your supervisor or the person in personnel whois assisting you, and a copy to your union steward. You may give theletter to the harasser in person or send it by certified mail. We willhelp you write the letter if you want us to do so. Generallywriting a letter is more powerful than a verbal message telling theharasser to stop. Writing a letter is an important step toward endingthe sexual harassment. Other advantages of writing a letter are asfollows - 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 Thisquestionnaire will be administered to all employees at least once peryear. Please do not write any names on this form. Continue on the backof 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 badbecause 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 suggestivenoises 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 wasnot listed, please use the space below to explain. (Continue on theback 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 takeany actions to end the harassment, skip to Question #8.) No Action_____Filed a formal complaint/grievance _____Filed an informalcomplaint/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? Whatsuggestions do you have for creating a sexual harassment-free workplace? Y N__________________________________________________________________________________________________________________________________ 13.Has harassment, or your fear of it, distracted you from your work orreduced your efficiency? Y N How? (Specify and continue on back ifnecessary.) _________________________________________________________________ _________________________________________________________________ 14. (Optional) Are you male or female? M F 15.Please make any additional comments on any aspect of this subject._________________________________________________________________ __________________________________________________________________________________________________________________________________ __________________________________________________________________________________________________________________________________ __________________________________________________________________________________________________________________________________ _________________________________________________________________ Permissionis hereby granted to modify and use the information in this draftsexual harassment guideline, provided you include reference to theauthor as shown at the end. Original document created by Al Link (4 Freedoms Relationship Tantra) http://www.tantra-sex.com.