"Insight on how to conduct effective sexual harassment investigation"

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1.?Report the complaint - Sexual harassment complaint should be informed to HR department or Internal complain committee immediately (ICC). They need to know if any internal policy has been breached.

2. Start the investigation – The investigation should start as soon as possible because any delay in such cases will put victim in risk of further abuse. Also, the company will be at risk of lawsuit too.

3.?Ensure unbiased, confidential investigation -????

a.?1st Meeting – First meet complainant and express that you’re going to take complain seriously. Keep all the details confidential and communication should be professional and supportive. Share information about the case on a need-to-know basis.

b.?Create safe environment – ICC or HR should speak to complainant and plan safe working environment by moving their workstation/changing their shift timings/allowing paid leaves during the investigation.

c.?Explain Anti-retaliation policy to every involved person.

4.?The accused person should be on paid administrative leave (voluntary application is preferred) for the duration of investigation. ?

5.?Gear up for investigation –

a.?Gather all documents:

?????????? i.????? Policy document - company’s code of conduct, anti-sexual harassment policy, anti-retaliation policy

???????? ii.????? Employee file – Victim, accused & witnesses.

??????? iii.????? Allegation copy

b.?Select unbiased investigation team who is not having any relationship with victim/accused/witnesses.

c.?Layout investigation plan:

?????????? i.????? What is the goal of the investigation?

???????? ii.????? What task will need to be completed?

??????? iii.????? Who should do each task?

??????? iv.????? When should each task be completed?

???????? v.????? What is the overall timeline?

6.?Conduct interviews –

a.?Place – Private place like meeting room or board room in different floor or tower.

b.?Investigation team and minimum 3 ICC members should be present during investigation. Try to use mix gender team. While one is asking question, other can take notes and record the discussion.

c.?Interview –

?????????? i.????? Victim/aggrieved - Assure them that the company is taking the allegation seriously. Other than noting down the incident try to understand how the incident has affected the victim. At the end ask them what outcome they would like to see. Like would they like to move to different department/ Do they want the harasser to be terminated / Do they think that the harasser should attend sensitive training etc.

???????? ii.????? Gather evidence from witnesses – Let them identify victim and harasser.? Ask who, what, when, where and how questions. Understand what he has observed about victim & harasser's expression. Was this a single incidence or recurring. Who else know about this?

??????? iii.????? Harasser’s Manager – Try to understand discipline issues, behavioral pattern or any clue that can guide in this case (details on attendance, leave, emails etc.)

??????? iv.????? ?Respondent / Harasser – Stay unbiased as every case is different. Remain calm, professional and be sensitive. Assess their reaction on the topic & complaint. Surprise can hint that they are unaware that they are hurting victim / anger may show that allegation is false, or the harasser is angry as they got caught. If the respondent denies the allegation, then ask them the about possible reason of such allegation.

???????? v.????? Try to find the relationship between the victim and respondent. Colleague, supervisor any romantic relationship.

d.?Assessment after interview – Assess and document the credibility of each interviewee by asking:

?????????? i.????? Does this person have a reason to lie?

???????? ii.????? Does their story matches or contradicts with another interviewee?

??????? iii.????? Have they been involved in any similar incident before?

7.?Evaluate all evidence, documents, reports, and assessments.

8.?Share copy of findings and final decision to victim and respondent. Clarify their doubts.

9.?HR should stay in touch with the victim weekly. Provide them the help, so that the victim can come out of the trauma.

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