Where Is Their Head?
In the work place or through work place encounters:
You can never have one person with more power of authority participating in any sexual interaction with someone who has less power. Never. That would be never under any circumstances. There are no extenuating circumstances. Never!
All people who work in positions of authority over others must be given a clear, written, and public set of rules for sexual conduct in the work place. This includes relationships that may happen outside the workplace but developed because of work place contact.
All employees who work in positions of authority over others must be given a clear, written, and public set of ramifications for sexual misconduct in the work place/work place contact.
All charges of sexual misconduct must be investigated and reviewed by the direct supervisor, department head and an impartial or outside entity. In other words, a system to prevent cover ups must be in place.
All charges of sexual misconduct must be reviewed by a standing committee (department/division/etc.) which will include representatives from the personnel (human resources), legal, and victim advocacy departments.
Every allegation must be investigated with the same procedures (from a mere mention of something, through a simple question, to outright rape charges). If any, and I mean any, incident is brought to the attention of any employee, it must be reported through the formal procedure. This allows protection for the intimidated, the shy, and the uninformed.
A formal procedure must be in place to report sexual misconduct. That procedure must be clear, written and public. Every new employee (potential employee or recruit), must be given a copy. Current employees/workers must be given a copy and it must be reviewed yearly (more often if there are lapses in procedures).
Documentation (see your legal representative) must accompany all procedure training. Participants must sign their name and date and what procedures were reviewed.
Rules of conduct must include "zero tolerance" to be effective.
When an employee/worker is charged with sexual harassment, they should immediately be put on administrative leave and removed from supervision or other authority over others, until they are acquitted. This protects potential new victims, it protects the employee from new charges, and it legally helps protect the company from charges of negligence. If they are formally convicted, the ramifications should be implemented. Ramifications may include criminal charges.
All rules of conduct and ramifications for breaking those rules must be enforced every time, for everyone, in exactly the same way to be effective. Not only does it protect the company but it allows employees to plainly understand. When rules are bent and exceptions made, employees must interpret. This eventually leads to someone crossing over a line that will eventually be publicly disclosed. At that point a company cannot do damage control, save a victim, or save a career.
Should an employee be accused of sexual harassment and be acquitted, the company should help this employee emotionally acclimate back into the workforce. The company should provide support and make the employee whole. If there were lapses in judgment or holes in the procedures, training and the review of rules should be completed.
If you or your employees do not take this seriously, you and they will eventually be in court. The damage to the victim, the employee, their families will be enormous and forever. The damage to a company’s reputation will be huge. The effect upon revenue, hiring/recruiting, and in house morale can be devastating.
Realize not everyone charged is guilty of misconduct. Anyone can make charges for any number of reasons. Having clear, written, and public rules for sexual conduct and harassment in the workplace protects the innocent employee as well as convicting the guilty.
If your company does not have procedures in place, they are open to enormous risk. No matter how small the company, most employees will interact with current or potential employees or customers who have less authority or power. The power or authority may come from hiring/firing, physical size, potential for harm or a multitude of others that are specific to each business.
If your business does not have its own personnel and legal departments, I suggest you search for help from other sources: another business's prototypes, web material, library, or a hired consultant.
Leviticus 18:30 "Therefore shall ye keep mine ordinance, that ye commit not any one of these abominable customs, which were committed before you, and that ye defile not yourselves therein: I am the Lord your God."
For the Christian, this encompasses much more than company procedures and courtroom legalities. It encompasses several of the basic taboos of our faith: adultery, homosexuality, defilement, lack of purity and obedience, intimidation, deceit, foolishness, lust, omission of duty, and sin. If you say, as a Christian, you would never commit sexual misconduct, then you are the one person to start the plan in your workplace. You understand the core need. You understand the need to prevent temptation. You understand protecting others from sin through a method of rules and education. You understand protecting innocents.
Romans 12:1-2 "I beseech you therefore, brethren, by the mercies of God, that ye present your bodies a living sacrifice, holy, acceptable unto God, which is your reasonable service. And be not conformed to this world: but be ye transformed by the renewing of your mind, that ye may prove what is that good, and acceptable, and perfect, will of God."
Where is your head? As a Christian, you are hopefully already thinking what you can do to bring your workplace into compliance or support the existing procedures. You already have the reasons, now go do the work.