Harassment Plan of Investigation

Hill Country Memorial Health System

Fredericksburg, Texas

Originating Department: Human Resources

 

TITLE:  HARASSMENT INVESTIGATION PLAN OF ACTION

POLICY #:

AFFECTED DEPARTMENTS: ALL

APPROVED: Executive Council

EFFECTIVE DATE:

REVISED DATE:

 

View/Print the Harassment Investigative Confidentiality Form

View/Print the Sexual Harassment Internal Investigation Questions Form

 

OPPORTUNITY STATEMENT

 

The opportunity exists to be accurate and consistent in the investigation and reporting of a harassment complaint and the opportunity to an expedient resolution to the complaint.

 

PROCEDURE

 

Upon receipt of a complaint, either verbal or written, utilize the following plan of action:

 

REMEMBER:

 

 

I. INITIAL COMPLAINT

 

Report any complaint to the Director of Human Resources and the Division Director immediately to determine if the complaint is a sexual harassment complaint.

 

II. Within 24 hours of receiving complaint, Department Manager meet with employee for purpose of obtaining initial information and utilizing the attached Sexual Harassment Internal Investigation Questions and the following:

  1. Details of complaint.

  2. Witnesses to incident.

  3. Ask employee to provide a detailed written account of the incident.

 

REMEMBER:

 

 

ADVISE THE EMPLOYEE OF THE IMPORTANCE OF NONDISCLOSURE, e.g.

"I will attempt to keep the matter confidential as possible and I ask that you do the same so that we can get the facts and resolve the matter."  Have the employee sign the confidentiality statement.

 

III. DETERMINE APPROPRIATE INITIAL RESPONSE TO COMPLAINT PENDING INVESTIGATION.

 

IN CONSULTATION WITH DIRECTOR OF HUMAN RESOURCES:

 

  1. determine if harassing party needs to be removed from the immediate work area on an immediate/temporary basis

  2. what level of investigation is necessary and appropriate

  3. should the investigation be conducted by a manager or human resources director

  4. should legal counsel be contacted.  What is the likelihood of future litigation?

 

IV. INTERVIEW THE ALLEGED HARASSER.

 

 

V. INTERVIEW ALL POTENTIAL WITNESSES

 

 

VI. INTERVIEW ALLEGED HARASSER AND/OR COMPLAINING PARTY AGAIN IF

NECESSARY IN CONCERT WITH DIRECTOR OF HUMAN RESOURCES

 

 

VII. REVIEW THE EVIDENCE TO DETERMINE IF ANY FORM OF ILLEGAL

HARASSMENT HAS OCCURRED

 

IN CONCERT WITH DIVISION DIRECTOR AND DIRECTOR OF HUMAN RESOURCES

 

DETERMINE:

 

 

VIII. IN CONCERT WITH HUMAN RESOURCES DIRECTOR DETERMINE

APPROPRIATE REMEDIAL ACTION

 

 

If it cannot be determined whether misconduct occurred, provide alleged harasser with a memo stating that employer has been unable to determine what actually occurred, but that serious allegations of harassment have been made.  Include information to:

  1. Restate the organization's Anti-Harassment Policy.

  2. Make it clear you won't tolerate such conduct.

  3. Stress that if misconduct occurs in the future or if future evidence is revealed that supports the initial allegation, appropriate disciplinary action will be taken.

  4. Reiterate that retaliation against complaining party will not be tolerated.

 

IX. BRING MATTER TO CLOSE

 

 

IF AT ANY STAGE IN THE INVESTIGATION YOU ARE UNCERTAIN ABOUT ANYTHING, CONTACT HUMAN RESOURCES DIRECTOR OR DIVISION DIRECTOR.