A Dialogue

Roger [chair of a 25-person board of a prominent social service organization in a medium-size city]:

Thank you for coming in on short notice, Joseph. I thought it was important to meet as soon as possible. I’m afraid that an employee of the organization has filed a harassment complaint against you. When that happens it automatically triggers an internal process and timeline for resolution that I am required to oversee.

Joseph [a member of the board but not an employee of the organization]: I’m shocked, Roger. Actually, I’m outraged. I’ve been a selfless servant on this board for 10 years. Nobody here, or anywhere else, has ever questioned my integrity. Whatever it is, this complaint is completely baseless. What kind of an organization permits its board members to be subjected to this kind of insult?

Roger: I’m not accusing you of anything, Joseph. I’m required to tell you that an employee has filed a complaint. Our policy on harassment, as you know, extends to board members. You and I, indeed all our board members, are part of this workplace environment and are committed to keeping it free of harassment. 

Here’s how it works: If anyone in the organization makes a complaint, as board chair I have to start and manage this process and make sure it is followed exactly. As process manager, I make no judgment about the accusation’s validity.

In this meeting, I want to tell you about this process and your rights pertaining to it. I also want to tell you about the complaint and about resources available to you to address it.

Here is a copy of the process so you can refer to it after we have gone over it in our meeting.

Joseph: Is this a legal process, Roger? Do I need a lawyer? It could become a very expensive for me to refute this frivolous charge.

Roger: Our process is internal and it’s not a legal proceeding. In fact, a lawyer can’t participate directly on your behalf.  Of course, you can consult an attorney if you want to. That is entirely up to you. It is not the organization’s intention to make this process expensive for its employees or board members.

We usually try to resolve complaints of this nature through informal discussion. In this instance the complainant didn’t want to participate in such a discussion, so we must go directly to the investigation and hearing process. It begins with an investigation to collect facts before we have a hearing.

Joseph: Will you at least tell me who is making the ridiculous accusation and what exactly I’m being accused of?

Roger: Mary Morgan, an administrative assistant in the organization’s office, is accusing you of harassment that has created a hostile work environment for her. Specifically, she is accusing you of staring at her body when you are here for meetings and, at times, winking at her. She says you make her uncomfortable.  She also says that she told you to stop looking at her that way but that you ignored her.

Joseph: That’s ridiculous. I barely know who she is, and I certainly have never approached her or looked at her any differently than I would look at anyone else. I do not treat women as sexual objects, and I have certainly never treated her in that way. 

Roger: As I said, Joseph, I am the process manager. I can’t comment at all on your statements. I will neither agree nor disagree with anything either of you say. There is a place in the process for you to provide a written statement answering Ms. Morgan’s charge and to produce your own facts.

Joseph: Will I at least be able to confront her in person? Do I have any due process rights here?

Roger: As I said, this is not a legal process; it is a hearing under our personnel policy. Harriet Jones, the HR director, will meet with you and fully explain the process and your rights in relation to it. You will have access to Ms. Morgan’s statement and any facts she provides to support her claim. The process provides a time and place for you to make a rebuttal. Confronting her in person is not part of our process.

Joseph: So, she won’t need to produce proof beyond a reasonable doubt?  If this isn’t a legal process, she can just accuse me with no proof. I can’t imagine what proof she could offer.

Roger: You’re right, Joseph. This is not a legal proceeding. In our policy, we use the standard of “a preponderance of evidence.” That means there must be stronger evidence supporting her claim than there is refuting it. As part of the process, you will have access to her statement and an opportunity to respond with a statement of your own.

Joseph: Who is going to be the judge in all this? Who decides who is telling the truth?

Roger: In our process, three members of the organization (two administrators and one staff member) are the hearing panel. I am a non-voting convener and chair of that group. The panel votes and makes a recommendation to me.

I know this is a lot to take in, Joseph. Take some time to think about it. I’ve informed you of the charge against you, which is my role in this stage of the process. You will need a fuller understanding of the process than I have just provided, and I’m sure you will have questions. Please make an appointment to go through all this with Ms. Jones. She will guide you through the process in detail.

You may wish to have someone to support you through this process. You will be entitled to have a (non-participating) support person at the hearing.

Again, if you have any questions or need any clarifications, you should contact Ms. Jones rather than me. I am committed to having this complaint fully and fairly resolved.

Joseph: This is very stressful for me, Roger. I don’t see how I can participate in board meetings with this hanging over my head.

Roger: I can appreciate that, Joseph. My goal is to see that this matter is resolved as quickly and fairly as possible. We can talk about your board participation after that.

Takeaways

• Be sure your organization has a written statement of policies and procedures related to harassment. 
• Each member of the organization (paid employee or not) should receive, and acknowledge receipt of, the written policies related to harassment.
• As process manager, it is critical to avoid suggesting that you have taken a side.
• Keep the initial meeting cordial but neutral.
• Refer the accused to written policy and process statements at the time of the initial meeting.
• Rely on HR. Don’t try to do the HR director’s job.