Ethical practice in the workplace is a subject that has been discussed in various industries. There are many actions and practices conducted by employees which warrant the constant need to employ proper guidelines and directives on how each individual is to act in the presence of others. Due to the diversity of workplace cultures and moral values, it is considered important to ensure that there is a guiding principle which ensures workplace coordination. However, in the event of a dispute, these principles are present to provide conflict resolution frameworks that are followed within the organization. Amongst many of the conflicts that have been discussed over the years is how the organization handles sexual harassment reports. With the continued diversification of the workplace environment and the penetration of women into the workforce industry, conflicts relating to sexual harassment have been reported. The penetration of women into a male-dominated section is complemented by their education levels, their employment activities and their economic contributions (Farrar & Vogel, 2001). However, there are still incidents where women are victims of sexual harassment within the workplace. In 2017, Gluckman, Read, Mangan, & Quilantan (2017) reported the development of various campaigns whose main purpose was to provide recognition to this area that seems to be neglected. It has been reported that there are many cases where sexual harassment abusers have gone on unpunished and continue with their crimes.
In the workplace, there have been continuous online campaigns which sought to pressure the board of directors in various institutions to address the issue of sexual harassment. The board of directors in every organization is the entry point and the main access point which directors have to understand the events that are ongoing in the organization. The board of director meetings pose a necessary event to highlight and discuss all the issues that are within the institution and how the different leaders and the organization as a whole are responding to the problems that are currently present within the institution (Atkins, 2018).In many cases, the presence of sexual harassment has been considered to be a problem of compliance with the regulations. Many of the abusers are not compliant with the principles and policies set for the institution. However, Atkins (2018) reported that the presence of sexual harassment is not a problem with compliance which seems to be what is discussed, but an issue of abuse of power. Hence, there should be conclusive and well-documented steps which dictate how an institution should respond to any cases of sexual harassment.
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There are various institutions that have provided blueprints on what processes are to be followed in the event of a sexual harassment report. Gerber & Kirschstein (2017) provided the guidelines which are to be followed in the spring issue of In-House Defense Quarterly. The issue showcased the response of the Board of Directors and other members of the executive board to complaints of sexual harassment within the institution. The response is developed and implemented by the Fortune 500s, government entities, and educational institutions when they are investigating and considering litigation of sexual abuse and harassment cases in the United States which Steve Garber represents. Similarly, Laura Kirschstein is the Vice president of the Sexual Misconduct Consulting & Investigations (SMCI) division of T&M Protection Resources in New York City. Within her institution, they provide consulting, training and investigative services to schools, colleges and universities, professional and collegiate sports teams and leagues, non-profit organizations, businesses, and private clients in the areas of sexual assault, abuse, harassment, boundary guidelines, and proper investigatory techniques during sexual misconduct cases. The blueprint of actions that they provided are as a result of the various cases they have handled regarding sexual harassment cases and the various responses that are expected of the board of directors within each of these institutions. The steps and processes are also applied by the Board of Directors in secondary and higher education institutions, foundations, and other charitable organizations. In the article, (Gerber & Kirschstein (2017) stated that in many cases where sexual harassment cases have been reported, there is a loss of activity on the board of directors. This is because they are unaware of the next steps to be carried out and expect that the CEO or other management personnel will handle the case. In this respect, the Board seeks to ensure that the organization's name and principles will not be tarnished in the public and that they maintain it. The following report highlights the various questions or steps that were provided in the report/article regarding the response of the board of directors to sexual harassment claims.
The first question they responded to was whether an investigation should be undertaken when a sexual harassment case is reported. The boards also considered whether the investigation should be independent or involve internal parties only. In response to this Gerber & Kirschstein (2017) suggested that it is important to ensure that an investigation is launched and that the investigation should independent. The first concern of the board is to ensure that an investigation is launched. In many cases, when such a concern is raised, the board suggests that an investigation into the current allegations be conducted and concentration be placed upon ensuring that the case is not further shared in the public light in a negative and harmful manner. However, the institutions are advised to ensure that through whichever media the news of the sexual harassment claims was made, the inclination should not be towards covering up the story alone. In many cases, the board of directors consider the damages that may be incurred to the share value, reputation and the public’s perception of the institution's products and services, in response to this, they often consider killing the reports. This is considered an ostrich’s approach which is at best wishful thinking, instead, the investigative team should launch a thorough investigation which seeks to unveil past and present claims of sexual harassment. This action is considered very critical to the leadership of the organization and ensures that the organization is able to stand against any defences against civil or public outcries of the same. In the same light, such an investigation will ensure that the leadership of the institution is maintained as committed and against discrimination and harassment within the workplace (Gerber & Kirschstein, 2017). In an article posted by Patricia Farrell in the Legal Intelligence, she stated that the current impact of the #MeToo campaign in the United States has led to the development of a trickle-down effect which is currently encouraging thousands of victims of sexual harassment to share their experiences. Cases of sexual harassment in institutions that were previously unheard of are suddenly being aired and shared in the public eye. As a result, Patricia Farrell advised that even though these allegations have the ability to cause lasting damage to the institution, not launching an investigation can expose the leadership of the institution (Farrell, 2018). The process saw that in most learning institutions, where there are complaints about sexual harassment by their peers, and failure of the leadership to act fast, there is a divided force in the schools. Young teens and adolescents who are not victims of the harassment but are peers to those who have been harassed may not recognise or understand the wrongful conduct that has occurred. In the same case, these people may feel victimized if they have attendant publicity about the complaints that are being made. They may have no intention of participating in the investigation. Early communication by the institution will ensure that these people are not angered by such impositions within the public eye. All this ensures the necessity of an investigation.
The second question that was tackled was the scope of the independent investigation. The article suggested that the investigations conducted by the board should not only consider the current period of employment but should also look back on the alleged perpetrator’s duration of employment or potential contact with victims in the subjected workplace, college or school. Learning institutions have evidenced that any disclosure of such behaviour can often result in the revelation of other incidents which the perpetrator may have orchestrated in their time working within the institution (Gerber & Kirschstein, 2017). Farrell (2018) stated that bad behaviour is not something that happens in a silo, rather, these misdeeds can be traced back to years and even decades of the period of time which the person has been working within the institution (Farrell, 2018). The second reason that was issued for the need of a broad-spanning investigation is the reduction in the number of civil claims and liabilities. As the investigators are conducting the various investigations into the actions of the person incriminated, there is a hope to lift the confidence of the victims of past sexual harassment claims. By approaching the victims of these acts in a manner which ensures they are assured of privacy and are not victimized for the events that took place, then these persons often feel comfortable sharing their experiences to the independent investigators. The opportunity to share their story with a third party ensures that are finally able to receive closure and justice for what they went through.
The third question which was addressed in response to sexual harassment reports is who should conduct the independent investigation. Gerber & Kirschstein (2017), suggested that it was important to ensure that the investigation team selected to conduct the investigation was external to the organization and independent. There is a need to ensure that claims of lack of independence in such cases of harassment and abuse are not developed. An important factor in this investigation that must be kept alive in the presence of fairness and accuracy in the report of the results. Hiring experienced and expert investigators who have the mandate to determine culpability and even to validate innocence is a situation that cannot be underestimated. There are various challenges that are posed with the interviewing process of persons who have been sexually harassed, hence, the process cannot be conducted by people who are untrained, inexperienced and have no formal recognition of how to ensure they do not offend those who have been through such traumatic events. Especially in learning institutions where the persons affected may have little knowledge on how to raise their voices when such events occur (Gerber & Kirschstein, 2017). Such an action will not foster accuracy in the investigations, but will also ensure that the organization and its leadership remains credible in the public eye.
The fourth question that is asked is how the communications strategy will be developed and implemented. In such a situation, the study suggested that the board of directors should actively consider bringing in crisis communications firms which are experienced in dealing with the subject matter at hand. The relationship between the crisis communication firm and the organization should not be one which is developed out of the blue during a crisis, rather should be one that is maintained prior to the crisis so that the firm is able to proactively engage in the events as they are taking place. The Board of directors is advised to stay ahead of the story and ensure that they are the first to report any developments incidents and any other vital information that may affect the institution (Gerber & Kirschstein, 2017). The media outlets which the institution uses to communicate this have to be in alignment with the firm and the independent investigative team to ensure smooth operations when handling the complaints.
The fifth question that board of directors have to tackle is communication with the law enforcement and how it is to be handled. Where the sexual harassment claims made are criminal in nature. In most cases, these cases are civil in nature, however, consideration has to be made where they go against well-documented laws in the state. Currently, in learning institutions, there are mandatory reporting laws which require certain individuals to call child protective services or law enforcement institutions if there is suspect of sexual harassment or abuse. Where there is a reason to believe that a crime has been committed, the board of directors has to ensure there is adequate communication with law enforcement guaranteeing a certain amount of transparency in these proceedings (Gerber & Kirschstein, 2017).
The sixth question which the board of directors has to tackle is the communication process to be followed at the completion of the independent investigation process. The board of directors has to consider the form of information disclosure that took place prior to the investigation (was it a voluntary public sharing of information or was it involuntary). From this, the institution has to make a public statement which sites the various actions they have undertaken in the investigative process. They will need to inform the public about the nature of the investigation and the time it has taken to complete the investigation. The statement has to be presented without presentation of the victims’ names. The information being shared have to be exact and featuring the results of the independent investigation conducted. The results of this investigation will ensure the public is aware of what the institutions responsibility towards ensuring that the claims heard or reported were well reacted to and a proper investigation conducted to identify the impact of the actions of the harasser (Gerber & Kirschstein, 2017).
The seventh question is considered by the board of directors is whether the investigator's report is privileged. The answer given to this is that it probably should not be. There are instances where the institution may want the details of the victims and other information kept silent hence, the report that will be issued to the public has to be in summary form and comprising only of the key and essential details regarding the investigation and its results. In many instances, the case can see the communication of the action to which the institution will take against the perpetrator for their actions and may choose to share or withhold such information. However, it should be made clear that this conduct will not be tolerated within the institution (Gerber & Kirschstein, 2017).
In conclusion, the report of the actions to be conducted by the board of directors in learning institutions covered many areas which are particularly troublesome in the event of sexual harassment claims. Many times, the lack of knowledge on how to handle such cases ultimately results in negative publicity and reputation damage for the institution. It is important to cover the seven areas provided by the report issued by Gerber & Kirschstein (2017) and properly ensure that sexual harassment claims are well handled by the board of directors within learning institutions. However, the two authors also stated that the presence of these steps is not necessarily the only method of addressing the claims when they are first made public or aware of the directors. These steps are offered as a guideline to ensure that the people are well aware of what is required and how it should be done. In other cases, the process may differ and require less or more attention from the board of directors depending on the length and position of the individual being accused. However, it is universally agreed that the first step should be to launch an independent investigation as to the truth behind the claims.
References
Atkins, S. (2018, February 6). Directors Need to Step Outside the Boardroom on the Issue of Sexual Harassment. Retrieved May 2, 2018, from https://www.navexglobal.com/blog/directors-need-step-outside-boardroom-issue-sexual-harassment
Farrar, M. S., & Vogel, F. A. (2001). Women’s Contributions to the Workforce: Are New Measures Needed? United States, Department of Agricultural Statistics Service .
Farrell, P. E. (2018, March 13). How a Board of Directors Should Respond to Sexual Harassment Claims. The Legal Intelligencer . Retrieved from https://www.law.com/thelegalintelligencer/2018/03/13/how-a-board-of-directors-should-respond-to-sexual-harassment-claims/
Gerber, S., & Kirschstein, L. (2017). Investigating and Addressing Complaints of Historical Sexual Harassment and Abuse. In-House Defense Quarterly . Retrieved from http://www.schoeman.com/wp-content/uploads/2017/04/S.Gerber-IDQ-Spring-2017-Article-on-Sexual-Harassment-and-Abuse-Complaints.pdf
Gluckman, N., Read, B., Mangan, K., & Quilantan, B. (2017, November 13). Sexual Harassment and Assault in Higher Ed: What’s Happened Since Weinstein. The Chronicle of Higher Education . Retrieved from https://www.chronicle.com/article/Sexual-HarassmentAssault/241757
