Responses to Offensive or Harassing Behavior
Range of Options
1. Oral communication between recipient(s) of perceived offensive conduct and the alleged offender(s)
- What Occurred (the facts)
- The response(s) of those who were offended (unwelcome, uncomfortable, interfered with work)
- Clear request for no future similar conduct
- What else the recipient(s) might want (apology, opportunity to repeat an assignment, formal working relations, transfer, etc.)
2. Written communication between recipient(s) and offender(s)
- Similar content to oral communication
- Possible disadvantages to written letter:
- Does not allow immediate follow-up or resolution in cases of misunderstanding
- May make alleged offender more defensive, may move toward escalation or counter-charge
- Possible advantages to written letter:
- Statement can be written thoughtfully & revised, to achieve the appropriate balance of clarity and self-protectiveness
- Letter can be read privately, alleged offender has no need to respond immediately, may reflect on implications of allegations & responses
- Face-to-face interaction can be avoided
- The person who has been offended keeps a copy of the letter and creates a personal record
3. Third party intervention (informal)
- A respected peer or colleague, or designated neutral may communicate to the alleged offender(s) the perception of the incident(s), how it made the offended people feel, what they want
- Allows for clarification, explanation, and follow-up. May go back and forth to reach acceptable solution
- May take into account the “reasonable” persons’ view, may include responsible coaching on possible responses and consequences
4. Third party intervention (formal)
- A supervisor may also engage in shuttle diplomacy to facilitate communication and get the alleged offensive conduct to stop
- If a supervisor or other person with a formal role is involved, a record may be created
5. Generic solutions
- Positive educational action is taken to alert all members of a unit to policy interpretations, and possible consequences of violations and of retaliation against one who makes a complaint
- Advantages of generic options:
- Written materials, seminars or workshops, forma or informal approaches may be custom-designed for each particular unit
- Provides education not only for alleged offender(s) but for all colleagues, bystanders and supervisors
- Especially appropriate when identity of offenders is unknown or in doubt
- Gives unit leaders opportunity to state their commitment to policy, that they will not tolerate offensive conduct
- Disadvantages of generic options:
- Avoids determining accuracy of alleged incidents, avoids naming or creating a record on any particular individual
- Alleged offender(s) may not be aware of specific conduct that has caused offense, no means of assessing if due warning has been received
6. Initiate a formal investigation
- File a formal grievance through the proper grievance procedures for faculty and staff.