Concluding the Process
1. When you have completed the investigation, decide whether you believe the sexual harassment policy has been violated. You may have to make judgments as to credibility. The complainant and the accused must be informed of the findings of the investigation.
2. If your decision is that the policy was not violated, the complaint must be dismissed.
3. If your decision is that the policy has been violated, you must take prompt steps to stop the harassment and must decide whether disciplinary action is needed. In general, try for an educational as well as a corrective result.
4. Disciplinary options may include, but are not limited to verbal warnings, written warnings, suspension, and termination. Other options include a written agreement not to engage in certain behavior, apology, transfer, altered work schedules or responsibilities, counseling, education for the offender or whole unit, written supervision plans, and increased supervisory oversight.
a. Decisions about the severity of disciplinary actions should consider prior or repeated violations, stipulations from previous complaints, and seriousness of the harassment. If the person had previously been employed by another unit, you may want to check with that unit as to whether there are substantiated cases involving the individual.
b. You should consult with appropriate authorities (e.g., Human Resources, OAA, Office of the Provost) about what has been done in similar circumstances.
5. Only those with a "need to know" should be informed of the outcome.
6. Inform the complainant and the alleged harasser that he or she has the right to appeal. To do so, he or she must file a formal written appeal either (1) directly with the University's Office of Affirmative Action for submission to the University's Sexual Harassment Board or (2) according to existing grievance procedures for faculty, staff and students.
7. Do not reveal information about the sanctions imposed on the alleged harasser to anyone who does not need to know.
8. After the Complaint Has Been Resolved
a. Continue to monitor the situation to be sure objectionable behavior has not recurred.
b. Do not take any action, or allow anyone else to take any action, which might appear to be retaliatory against the complainant or alleged harasser or against people known to have supported either of them.
c. If the complaint has led to discussion or partisanship, feelings and emotions may be unresolved at the closing of an investigation. If necessary, call the OAA or Faculty & Staff Assistance Program or Counseling Center (for students) for information on resources to help with the situation.
d. You must keep in your unit a written record of the complaint, resolution and any sanctions. Take steps to insure confidentiality of the record.