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Sexual harassment in the workplace is a serious issue that demands prompt and thorough investigation. At Risk & Investigative Services Qld, we are committed to helping you establish a safe and respectful environment for all employees. We achieve this by addressing complaints of sexual harassment efficiently and fairly. Below is an overview of our approach to conducting a sexual harassment investigation. (Please note that the sequence and type of investigative tasks may vary and are not necessarily performed in the order presented here.)

Initial Complaint of Sexual Harassment

Encouraging Reporting

Organisations should prioritise creating a culture where employees feel safe reporting incidents of sexual harassment. This approach ensures that such incidents are handled appropriately and helps maintain a productive and loyal workforce. Adopting a zero-tolerance policy toward harassment is essential, and all employees should be well-acquainted with the reporting process. Typically, employees should be able to report incidents to their direct supervisor, the Human Resource department, or through an anonymous reporting system.

Immediate Response to Harassment Complaints

An effective sexual harassment investigation begins as soon as a complaint is received from an employee. The complaint should be acknowledged promptly, ensuring the complainant feels heard and reassured that the matter will be taken seriously. Immediate actions may include separating the involved parties to prevent further interaction during the sexual harassment investigation.

Sexual Harassment Investigation Preparation

Engaging the Investigator

It is best to engage an external investigator if an expert independent sexual harassment investigation is required. By contacting us at Risk & Investigative Services Qld, we will develop a scope of work with you and enter into an agreement that outlines the terms of the engagement. Once engaged, we assign a dedicated investigator to handle the complaint. Our investigators are licensed with the Queensland government and have experience in both corporate and government sectors. They are trained in handling sensitive issues and ensure compliance with relevant laws and regulations. Confidentiality and impartiality are emphasised to all of our team members.

Initial Assessment

The investigator will conduct an initial assessment to understand the nature of the complaint. This process may involve a preliminary interview with the complainant to gather essential details and determine the immediate next steps. The investigator may also review relevant documents, such as emails, messages, or surveillance footage if necessary. The information obtained from the initial assessment will be used to develop an investigation plan.

Conducting Interviews

Interviewing the Complainant of Sexual Harassment

A detailed interview is conducted with the complainant to obtain a comprehensive account of the incident. The investigator will ask open-ended questions to gather as much information as possible while ensuring the complainant feels supported. The evidence obtained during the complainant interview will form the basis of the subsequent allegations to be put to the subject officer.

Interviewing the Person Subject to Sexual Harassment Allegations

The subject officer is interviewed to hear their side of the story and to put forward the allegations levelled against them. It is crucial to approach this interview with neutrality, giving the subject person a chance to respond to the allegations. Subject officers should be allowed to have a support person present during the interview.

Interviewing Witnesses to Sexual Harassment

Any relevant witnesses identified by the complainant or the subject officer will also be interviewed. The investigator will seek to corroborate the accounts of the incident and gather any additional relevant information. Witnesses are assured of confidentiality to encourage honest and unbiased recollections. (Please note that while confidentiality is at the forefront of any investigation, there may be occasions when witnesses are later identified or their identity becomes known due to a legal process or to afford a subject person natural justice.)

Evidence Collection and Analysis

Gathering Evidence

In addition to interviews, the investigation team collects any physical or documentary evidence relevant to the case. This could include Emails, messages, or other communications between the parties involved. Surveillance footage and other documentation supporting the claims should be sought. Obtaining corroborative evidence in situations with conflicting versions from witnesses can be essential.

Analysing Evidence

The gathered evidence is carefully analysed to establish a timeline of events and identify any inconsistencies or corroborating details. This analysis helps the investigator form an objective understanding of what occurred. Once all evidence has been gathered and all interviews completed, the investigator can decide the findings.

Deciding a Sexual Harassment Investigation

Assessing Credibility

One of the most challenging aspects of a sexual harassment investigation is assessing the credibility of the involved parties. When assessing credibility, the investigator considers the consistency of each person’s account and any corroborative evidence from witnesses or documents. The demeanour and behaviour of the parties during interviews can also be used to assess credibility.

Applying Policy and Legal Standards

The findings are evaluated against the organisation’s sexual harassment policy and relevant legal standards. For workplace investigations, the standard is the balance of probabilities. The determination is made against organisational guidelines and the law with appropriate findings established.

Determination and Reporting

Once a conclusion is reached, the investigator prepares a detailed report outlining the findings, the evidence considered, and the rationale for the determination. The Investigation Manager reviews this report to ensure thoroughness and objectivity. Once the review is completed, the final report is provided to the organisation.

Taking Action

Disciplinary Measures

If the sexual harassment investigation proves the conduct occurred, appropriate disciplinary action is taken against the subject officer. Depending on the severity of the incident, types of disciplinary action could range from mandatory training or counselling to suspension or termination. Ultimately, it is up to the organisation to take action in accordance with policy and standards.

Communicating the Outcome

Both the complainant and the subject officer are informed of the investigation’s outcome. While specific details may be limited to protect confidentiality, both parties must understand the findings and any actions taken. For the complainant, it can be sufficient to refer to the outcome as an action taken in line with the organisation’s policies and procedures and provide a range of outcomes considered rather than the specific penalty.

Support for the Complainant

The organisation must provide ongoing support to the complainant to ensure their well-being. This might include counselling services, adjustments to work arrangements, or other accommodations as needed. The organisation’s policy position on these matters should guide it.

Preventative Measures and Follow-Up

Training and Education on Sexual Harassment

To prevent future incidents, the organisation should conduct regular training sessions on sexual harassment awareness and prevention. These sessions educate employees on what constitutes harassment, how to report it, and the importance of maintaining a respectful workplace. Such training and education are seen as essential preventative measures to combat sexual harassment.

Sexual Harassment Policy Review

An organisation’s sexual harassment policy should be regularly reviewed to reflect changes in laws and best practices. This ensures that the approach to dealing with sexual harassment remains effective and compliant with current standards. At Risk & Investigative Services Qld, we can assist you with a timely review of your workplace policies.

Monitoring the Work Environment

Post the investigation, the organisation should continue to monitor the work environment to ensure that there are no retaliatory behaviours and that the complainant feels safe and supported. Monitoring complaint data can help assess how the organisation manages sexual harassment. This ongoing vigilance helps reinforce an organisation’s commitment to a harassment-free workplace.

Conclusion

Conducting a thorough and fair investigation into sexual harassment complaints is essential for maintaining trust and safety within the workplace. At Risk & Investigative Services Qld, we are committed to handling such investigations with the utmost seriousness and sensitivity, ensuring all employees feel valued and protected. By adhering to best practices and fostering a culture of respect, an organisation can create a positive and inclusive work environment for everyone. Contact us for more information.