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The investigator could be from HR; however, this is not usual practise unless it is a highly sensitive/complex issue, in which no one is trained or has the experience necessary to carry it out, (or if the organisation is small).
This article uncovers valuable steps you can take in responding to a sexual harassment complaint. Craft a Clear Policy to Address the Situation. Train the Employees and Managers. Take Everything Seriously. Ensure Confidentiality. Take Steps to Prevent Retaliation. Run a Prompt Investigation. Appoint the Right Interviewer.
If you have been accused or are otherwise the subject of an investigation, you have a right to know the allegations that have been made against you.
The NLRB found that employers may not tell employees who had made a complaint not to discuss the matter with coworkers while the investigation was ongoing. The NLRB found that this request violated employees' rights to discuss the terms and conditions of their employment with each other.
On every write up form, include: The employee's full name and employee number. Time and date of the write up and of specific incidents. Reason for the write up, in detail. Witness accounts confirming the employee's misconduct. Times and dates of previous write ups and incidents.
From a practical standpoint, talking too much during the investigation?telling a witness what another witness said, revealing your personal opinion to one of the employees involved, or publicizing the complaint in the workplace, for example?can lead others to doubt your objectivity.
This can be a very challenging situation. However, in order to maintain the integrity of the investigation and ensure that it is fair, it is important that confidentiality is not breached.