Workplace Articles By BCC
Defining Parameters
The level of discipline for violating the organization's policy should correspond to both one's position of leadership and authority as well as the severity of the offense. The failure to hold him accountable can create greater liability, as more recent court cases have dramatically demonstrated. In addition, it can send a message throughout the organization that the issue of sexual harassment is not taken seriously, or that the policy is selectively enforced. It is at this point that the counseling and coaching intervention can be most effective.
The challenging decision to implement such corrective action is often closely followed by the dilemma of determining who is best suited to do so. Beyond the requirement that the counselor/coach be qualified in skill and experience, the relationship of this individual to the offending party must be considered quite carefully. The fear of potential reprisal or negative career impact effectively eliminates an internal resource person in most circumstances and, for this reason, many organizations look to an external counselor/coach.
The scope of the process will vary according to the particularities of each situation. Most often the counseling/coaching session can occur in the course of one day or less. In some circumstances multiple sessions, or a series of shorter meetings, might be more appropriate. The counselor/coach must be provided with sufficient background information, including the alleged behaviors, concrete findings of investigations, corrective action taken to date, as well as the organization's anti-harassment policy. Additionally, it is advised this person be informed that should litigation ensue as a result of the infraction, he or she might be subpoenaed to testify as a percipient witness.
The session should be scheduled to be both timely, in terms of its proximity to the violation, and be conducted in a location and manner that maximizes privacy and confidentiality. The process should minimally address the following:
- basic terms and concepts related to sexual harassment,
- examples of conduct which could constitute sexual harassment, policy violations, and illegal behavior,
- guidelines for determining the appropriateness of conduct in the workplace or academic institution,
- common perception differences and their impact,
- legal implications and potential liability,
- the role of leadership relative to sexual harassment,
- discussion of the specific alleged behaviors and investigation findings, and
- the development of a concrete individual plan for implementing behavioral change.
Ample opportunity should be provided for the individual to raise questions and concerns and ensure that the counselor/coach can assess the effectiveness of the process. It is recommended that written documentation be provided verifying when the session/s occurred, an outline of areas addressed, brief impressions of the relative success of the effort as well as recommendations, if any, for additional action.