Canadian HR Reporter

So, it's happened in your organization. A serious sexual harassment claim was made against a critical employee in your company. Now you're left to deal with the stress, worry and emotion of the next steps. What you do next will seriously impact the culture and productivity of your company going forward. This type of allegation suggests you already have a culture issue in your company. Now, you have a chance to improve the trust in your company by making the right moves. QUICKLY DETERMINE IF AN INVESTIGATION IS REQUIRED Ask the right questions to make a preliminary determination if the allegations likely have merit. This is important, as you must quickly decide whether or not to investigate. Ensure you still keep an open mind to not pre-determine the outcome. Use questions that are detailed, to the point and thorough. Your goal is to determine if the allegations were made in good faith and whether the identifi ed behaviours may constitute sexual harassment. DETERMINE VALIDITY The #metoo movement has brought forth many complaints, where people were previously afraid to raise issues. As with all trends, many of these complaints are valid and have merit. However, this movement is also bringing forth complaints that may not have merit. In the worst cases, the claims are not made in good faith. By determining potential credibility up front, you can save everyone involved a lot of angst. It may also save you from having to go through the expense and stress of an unnecessary investigation. DETERMINE STRATEGY Once you've determined that the allegations and complainant appear credible, you need to decide on an investigation strategy. Depending on level, seniority and/or reporting relationships, you may want to hire an external investigator to remove any real or perceived bias. KEEP AN OPEN MIND Whether you've chosen to investigate the matter in-house or use an external investigator, it's important to keep an open mind and not fall into the trap of pre-determining the outcome. This is most important if you are attempting the investigation internally, as pre-conceived outcomes will bias the questions and your understanding of the responses. In cases like these, the outcome will have a very serious impact on the life, reputation and livelihoods of both the complainant and respondents. It is critical to be sure you have a clear picture of the circumstances so that you are able to report fi ndings with the highest degree of accuracy possible. MAINTAIN DISTANCE During a sensitive investigation, such as sexual harassment, take steps to ensure there isn't contact between the complainant and the respondent. Many organizations will place the respondent on administrative leave pending the outcome of the investigation. If you do so, it's important to remove IT access and instruct all parties to not destroy any evidence. Allowing people an opportunity to delete texts and emails will complicate your investigation, cause more work and make fi nding determinations more diffi cult. BE EFFICIENT AND THOROUGH Expediency is the key here. While an investigation is pending, productivity stalls, and more importantly, people's careers and lives are on hold. As a result, it is a very stressful time for everyone involved. Completing the investigation as quickly as possible is key, while still maintaining the highest integrity possible. While time is of the essence, get answers to your critical questions before concluding interviews. This may involve going back to previously interviewed individuals, particularly ones who you spoke to early, as some further information may have come about through the process. Everyone must have a chance to respond to allegations made against them. MAINTAIN FOCUS Ensure your fi ndings are concise and to the point. Maintain focus on the allegations made and what you need to determine. Investigations often take turns and have unanticipated or unrelated factors thrown in. Therefore, it's critical to stay focussed on the identifi ed issue or incident. As you conduct the investigation, you may identify factors related to culture, wide- spread issues or in one of many other areas. These are not the main issue, so do not let them distract you. ENSURE PROMPT RESOLUTION It is important to advise the complainant and respondent of the outcomes once your investigation is completed and the fi ndings are determined. Do this as soon as you have a plan for next steps. Again, it is important to stay focused on the allegations and the fi ndings. When you notify those involved of the outcomes, be sure to maintain confi dentiality of processes, witness statements and other information. Making both parties aware of the outcome may be all that is required. However, depending on the fi ndings, there may also be a discussion about discipline involved. It is critical to ensure that no complainant is ever disciplined or retaliated against for making a complaint in good faith, regardless of the outcome. Please remember throughout the entire process that people are involved in all aspects. Treat everyone with as much dignity and respect as possible. Joely Sorensen, CPHR Joely Sorensen, CPHR, is a Principal and Senior HR Consultant with ACTivate HR. She works with clients across Alberta and specializes in workplace investigations, organizational culture and customized HR solutions. ACTivateHR.ca Surviving a Sexual Harassment Complaint in Your Company

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