WhatsApp messages 054-669-4777
Email Naeerahc18.29@gmail.com
Stage C - Handling and Investigation
Handling Complaints
The complaint handling stage is the most critical and sensitive. It requires an orderly and professional process that respects all parties and protects their rights and privacy.
What Does the Law Require?
- Protection and Documentation During Investigation – From the moment a complaint is received, the organization must protect the complainant from possible harm resulting from filing the complaint, and provide the designated officer with the conditions necessary for an effective investigation of the complaint, while documenting the steps she takes and maintaining the privacy of all parties.
- Decision-Making After Investigation – After the designated officer submits a summary report with her recommendations to management, management must decide on further action within seven business days.
How Will the Assessment Help You?
This part of the assessment includes a comprehensive guide for handling a complaint, from the moment it is received until the conclusion of its handling. The guidelines provide the designated officer in the organization with a structured, thorough, and professional framework that ensures a proper, fair, and transparent investigation process. The guidelines include full details of:
- Preliminary Preparations – The actions the designated officer must take before beginning the interviews.
- Interview Processes – A structured list of questions the designated officer should ask the complainant, the respondent, and witnesses, and a guide for analyzing the responses and testimonies.
- Conclusion of Handling – The actions to be taken at the conclusion of the interviews, including writing a summary report with recommendations, and the possible decisions management can make.
- Special Consideration for Minors – Dedicated guidelines to be followed in incidents involving minors.
- Reference Charts – For identifying harassment, identifying retaliation, and procedures in cases of mandatory reporting involving minors.
How Should the Investigation Guidelines Be Used?
The guidelines include interview questionnaires that will assist the designated officer in full and meticulous documentation of the investigation stages. They can be downloaded to a computer as a Word file to be filled out digitally, or printed and filled out manually.
Adherence to this process ensures a fair, responsible, and transparent investigation designed to provide an appropriate response to complainants while protecting the rights of the other parties involved.
Introduction
The following guidelines provide a structured and thorough framework for professional and effective handling of sexual harassment complaints. They ensure a fair, responsible, and transparent investigation, accompanied by full and meticulous documentation, from the initial report through decision-making and implementation. They will help you investigate a complaint brought before you. Review all the questions detailed in them to document the investigation stages.
The guidelines address evidence collection, interviewing those involved and witnesses, writing a summary report with recommendations, and decision-making by the organization’s management. Adherence to the guidelines will create a safe environment and provide an appropriate response to complainants while protecting the rights of all parties involved.
Preparations the Designated Officer
Must Make Before the Interviews
Your role as the designated officer for handling sexual harassment in the organization is important and requires sensitivity, professionalism, and precision. The quality of investigation in a case of sexual harassment complaint stems from the ability to interview and collect information. The following guidelines will help you conduct a thorough and fair investigation while protecting the rights of all parties.
Proper work in the planning, interviewing, and documentation stages is the key to ensuring a proper and reliable process that will later enable you to reach reliable conclusions and handle the matter in the most appropriate way.
Adherence to the guidelines will help you fulfill your role in the best way possible and create a safe and respectful environment for all employees and participants. Therefore, it is important that you conduct the investigation with a neutral and professional approach, while maintaining confidentiality and privacy and fair treatment toward all those involved.
Preparation Actions You Must Take
Once a complaint is filed, it is advisable to open a physical investigation file or a computer folder that will include:
- Details of the initial report of the complaint.
- Activity log, including dates.
- Statements and interview protocols of the complainant, the respondent, and witnesses.
- Investigation report and recommendations of the designated officer.
- Management decisions regarding disciplinary measures to be taken in case of suspected harassment or inappropriate behavior, and regarding measures that will lead to remedying the harm to the complainant.
- Documents documenting follow-up meetings with the complainant and the respondent, and details of any interim measures taken, if any.
- Identity of interviewees. Document in the file the following details for each interviewee (complainant, respondent, witnesses):
- Adult? Minor? If a minor, ensure that you conduct the investigation in the presence of a parent or another person responsible for the minor (only if, of course, it is an incident not subject to mandatory reporting under the law).
- Supervisor? Employee? Volunteer? Community member? Participant in the organization’s activities?
- What are the characteristics of the work, studies, or activity in which he participates?
- Who is his direct supervisor within the organization?
- Is there a supervisory relationship between the victim and the perpetrator?
- Decide in advance on the order of interviews (for example, consider whether it is advisable to interview witnesses before you interview the complainant or the respondent).
- It is important that you begin the investigation as soon as possible, as close as possible to the date the report was received, unless there is a reason why it is appropriate to postpone the interviews. In such a case, document the reason.
- Prepare a schedule for the interviews, and leave yourself enough time between meetings to document your impressions and refine the next questions.
- Decide on the form of interview.
- Will you meet with the person face-to-face or online? (It is preferable that the meeting be conducted face-to-face).
- How will you document the interview? By typing? Recording?
- Should another person be present at the interview for support or deterrence? If so, who?
Preparation Actions You Must Take
- Maintain Neutrality – Do not express your opinion, do not criticize, and do not say anything that could be interpreted as supporting one side.
- Examine Internal Biases – Check yourself in advance. It is difficult to maintain objectivity in such a situation. Everyone has a natural tendency toward one side or another. Try to identify your initial tendency toward one of the sides and try to take it into account during the interview.
- Avoid Defamation – Use the words “allegedly,” “the alleged incident,” “according to the claims of…” frequently. Try to avoid definitive formulations, as if it is clear to you exactly what happened.
- Avoid Explicitly Pointing Out Contradictions – If the person you are interviewing contradicts himself, try to clarify the contradictions by repeating questions, without indicating to the interviewee that he is contradicting himself and without directly asking him to resolve the contradictions.
- In Case of Claimed Forgetfulness – If the person you are interviewing claims to have forgotten certain details (“I don’t remember”), try to clarify what is meant. Does he not know if it happened at all? Does he not remember it happening? Can he not remember if it happened? Does he not know or is he unsure whether it happened or not?
Complainant Interview
Respondent Interview
Respondent = the person against whom the complaint was filed
Witness Interview
Actions the Designated Officer
Must Take at the Conclusion of the Interviews
At the end of the interview stage, another important stage in the investigation process begins: analyzing the findings, forming conclusions, and preparing a summary report. This stage requires in-depth analytical ability, along with systemic vision and objectivity.
The following guidelines will help you examine the information collected, reach informed conclusions, and recommend the appropriate steps the organization should take. Thorough and professional work at this stage is the key to ensuring a fair process and making correct decisions, as much as possible.
Analysis of Testimonies Combined with Evidence
- Prepare a detailed timeline of events, testimonies, and evidence.
- Compare testimonies and cross-reference information:
- At what points is there agreement among all those involved in the incident?
- What do they disagree about?
- What pieces of information complete missing details?
- What testimonies or evidence contradict other testimonies or evidence?
- What testimonies are assessed as more credible (based on your analysis of the testimonies)?
- Is there external evidence supporting the information you received during the interviews?
- Is there external evidence supporting the testimonies you heard?
Determination Regarding the Occurrence of the Incident
- Does the investigation you conducted establish suspicion that sexual harassment indeed occurred?
- If suspicion of a sexual harassment incident is not established, does the investigation establish suspicion that an incident of inappropriate behavior occurred?
- The report must state whether or not suspicion of a violation of the law, regulations, bylaws, organizational culture, etc., is established.
- If, following the investigation, suspicion arises that this is a deliberate false complaint, this must be stated in the investigation report and addressed with appropriate severity.
- However, even if no suspicion is established, the designated officer must recommend in the summary report to meet with the parties, update them on the investigation results, and clarify to them the policy against harassment, prohibited retaliation, encouraging reports, etc.
Assessment of the Severity of the Incident
If, after the investigation, suspicion arises that an incident of harassment or inappropriate behavior indeed occurred, the severity of the incident must be assessed:
- Frequency and Pattern of Respondent’s Behavior – Is this a pattern of inappropriate behavior characteristic of the respondent that repeats itself, or is it a random, isolated incident?
- Context of Harassment Occurrence – Did the incident occur within the framework of work/studies/organizational activity? In other activities on behalf of the organization? Outside the organization’s activity hours?
- What Did the Harassment Include? Did the behavior include sexual comments, propositions, innuendos, or did it also include unwanted contact or any aspects of an explicitly sexual nature?
- What or Who Enabled the Harassment? Was the work/study/activity environment hostile? Did those responsible in the organization enable, contribute to, or directly participate in inappropriate behavior?
- Scope of Harassment – Is there only one complainant regarding inappropriate behavior, or were additional employees affected by the incident?
- Prior Involvement – Was the respondent involved in similar incidents in the past?
- Prior Disciplinary Measures – Have disciplinary measures already been taken against the respondent in this area in the past? In other areas?
- Level of Awareness of Bylaws – To what extent was the respondent aware of the sexual harassment prevention bylaws?
Decision-Making by Management
After the designated officer for handling sexual harassment has submitted the final report and her recommendations, the final decision regarding the steps to be taken passes to management.
This is a critical stage in the process, and it requires great responsibility on your part and in-depth judgment. You must make decisions that reflect the organization’s values and ensure the welfare of employees, and maintain a balance between justice, punishment, and preventive and remedial actions.
According to the regulations, management must make a decision without delay and within a period not exceeding seven business days from the day you received the summary report and the recommendations of the designated officer. You must deliver the decision in writing to the complainant, the respondent, and the designated officer.
The following guidelines will help you make decisions in an informed, consistent, and effective manner, so that you can handle the incident thoroughly and prevent recurrence of similar cases.
Disciplinary Measures in Case of Suspected Harassment or Inappropriate Behavior
- Sample Disciplinary Measures – Reprimand, verbal warning, written warning, request for apology, involvement of external parties with the consent of both sides for rehabilitation or treatment, transfer from position, retention in position conditionally, suspension without pay, termination of employment.
- In certain cases, you will need to consider disciplinary measures against employees or students who ignored the improper conduct of the respondent, did not act appropriately or did not cooperate with the investigation process, or contributed to retaliation against the complainant or witnesses on her behalf.
- If, following the investigation, suspicion arose that this is a deliberate false complaint, it must be addressed with appropriate severity.
- When you formulate your decision, check whether you have a disciplinary precedent for similar inappropriate behavior. If so, it is important that you be consistent and take measures that align with previous cases. If the punishments you enforced in the past seem insufficiently appropriate to you and you intend to deviate from precedent, you must explain this in the letter you deliver to the respondent, the designated officer, and the complainant.
- Set dates for follow-up meetings, if the respondent remains in the organization.
Measures Aimed at Alleviating the Harm to the Complainant
- Consider possible disciplinary measures against the respondent.
- Be sure to clarify what rights the complainant has under the law within the framework of civil and criminal law, as needed.
- Among other things, you can ease the conditions of her work/studies/activity for a certain period. In this case, you must obtain the complainant’s consent in writing.
- You can refer her to short-term treatment or rehabilitation, or fund such treatment for her. In such a case, you must obtain the complainant’s consent in writing.
- You can also grant her paid leave, and you must also obtain her consent in writing for this.
- If the complainant remains in the organization, set a date for follow-up meetings.
Summary Meetings
The final stage in the investigation process, after the final decision is made by management, is summary meetings with each of the parties involved in the incident.
This is an essential stage for formally closing the process, updating regarding the decisions made, and documenting responses. These meetings must be conducted with sensitivity and professionalism, while adhering to procedures and the law, to ensure that the message is conveyed clearly and respectfully, and that all information related to the incident is documented accurately.
The following guidelines detail how summary meetings should be conducted and documented.
Documentation of Summary Meetings with All Parties - Designated Officer and Management
- You must document in the investigation report the dates of summary meetings with each of the parties and their responses. You must also document the dates of follow-up meetings and their actual occurrence, if you scheduled any.
- At the conclusion of the investigation, you must report orally on the decisions or disciplinary measures you decided upon. You must also deliver them in writing to each of the parties involved. You are not required to provide them with extensive details or give them a copy of the investigation file.
- You must have the parties sign confirming that the decisions made regarding them have been clarified to them.
Document Confirming Receipt and Understanding of Decisions
In Case of Refusal to Sign
If one of the parties refuses to sign the document:
- Documentation – The organization’s representative will document the refusal on the document itself: “[Name] refused to sign
on [date] even though the document was read to him in full and the decisions were explained to him.” - Witnesses – An additional witness who was present at the signing must sign this document, confirming that party’s refusal.
- Additional Measures – Deliberate refusal to cooperate with the organization’s decisions established after the investigation may be considered serious misconduct, and this may constitute grounds for additional disciplinary measures (up to dismissal). Further steps should be considered carefully in accordance with the organization’s procedures, and if necessary, it is recommended to seek legal counsel.
Handling Complaints Involving Minors
Important Note: Before any handling and investigation of an incident involving minors, read the section in the adapted bylaws that deals with minors (Part 9: Special Provisions Regarding Minors).
How to Conduct an Initial Conversation with a Minor Reporting Sexual Abuse?
- Conduct the conversation in a private place and alone. If several minors were harmed in the incident, speak with each of them separately. Do not hold a group conversation.
- Be attentive to the verbal and non-verbal messages the minor conveys.
- Ensure that your response is supportive and calm.
- Thank the minor for telling (“You did well to tell me,” “Thank you for not keeping this to yourself”).
- Clarify with the minor initial details about the incident.
- Address the feelings he expresses (with statements such as: “I hear that this was not easy for you”).
- Tell the minor that the responsible adults will do everything in their power to protect and support him.
- Do not promise him that you will maintain confidentiality. Clarify to him that the law requires you to report and assure him that you will handle the matter while protecting privacy and confidentiality to the best of your ability.
- Explain to the minor that you must inform his parents (if he objects to this, contact the Youth Law social worker for consultation).
- Note to him that the designated officer will update him on the stages of handling going forward.
How to Conduct a Conversation with a Minor Suspected of Harassing or Sexually Assaulting?
It is important to note that if a sex offense was committed (as opposed to sexual harassment), do not speak with the minor respondent before reporting and consulting with a Youth Law social worker or youth police officer.
- Listen to the minor in a private place and alone.
- Maintain a calm response on your part.
- Clarify with the minor initial details about the offense.
- Address the act he committed and not his personality (“The act is serious” or “unacceptable,” not “You are dangerous” and the like).
- Address the minor respondent as someone capable of taking responsibility for his behavior, and clarify to him that sexual abuse is a serious act, outside the law and behavioral norms.
- Explain to the minor respondent that you must inform his parents about the incident (if he objects to informing the parents, contact the Youth Law social worker).
- Tell him, and then his parents, that the organization is required to report the incident to authorized parties outside your organization.
- Clarify to him that although his behavior is not acceptable in any way, it is important to the organization that he receive the educational and therapeutic response he needs.
- Note to him that the designated officer will update him on the stages of handling his matter.
Sample Letter to Parents After It Was Reported
That Their Child Was Harmed or Sexually Harassed
This letter is intended to summarize an oral conversation you must conduct with the minor’s parents. It can be used to learn about the topics that should also be said orally to the parents.
If you anticipate problems at the stage of updating the parents, hold the conversation with them and deliver the letter to them only after consulting with appropriate professionals.
Adapt the text to the incident you are handling. Delete any unnecessary information that does not fit the case, and make the letter as personal and empathetic as possible.
It is important to add at the end of the letter who on behalf of the organization and on behalf of the authorities will be in contact with the parents regarding this matter, and to whom they can turn to receive a response, guidance, or additional information.
This letter is intended to summarize an oral conversation you must conduct with the minor’s parents. It can be used to learn about the topics that should also be said orally to the parents.
If you anticipate problems at the stage of updating the parents, hold the conversation with them and deliver the letter to them only after consulting with appropriate professionals.
Adapt the text to the incident you are handling. Delete any unnecessary information that does not fit the case, and make the letter as personal and empathetic as possible.
It is important to add at the end of the letter who on behalf of the organization and on behalf of the authorities will be in contact with the parents regarding this matter, and to whom they can turn to receive a response, guidance, or additional information.
Reference Charts for Identification and Action
The attached charts serve as an initial reference tool for examining and identifying cases that raise suspicion of sexual harassment, retaliation, or cases in which there is a mandatory reporting obligation regarding harm to minors.
The charts serve as a guiding tool only. They do not cover all possibilities since each case is characterized by unique circumstances. They should not be seen as a substitute for in-depth examination of each case on its own merits, and they should not be relied upon exclusively for decision-making. In any case of doubt or complexity, professional counsel should be sought.
Was There Sexual Harassment
When to Report Harm to Minors
How to Identify Retaliation
WhatsApp messages 054-669-4777
Email Naeerahc18.29@gmail.com
WhatsApp messages 054-669-4777
Email Naeerahc18.29@gmail.com