Assessing your organisation’s sexual misconduct policy

No organisation is immune to the harm that is caused when sexual misconduct occurs between two or more of its members. All organisations should have policies that support and validate the voices of those who have been harmed, as well as provide fair and efficient procedures for those accused. Due to the sensitive and often complicated nature of sexual misconduct violations, organisations can sometimes create unnecessarily complex and confusing policies and processes to respond to it.

According to research recently completed by AWARE & Ipsos, 2 in 5 workers in Singapore experienced some form of sexual harassment in the workplace over the past five years. Harassment often came from a staff member more senior in the organisation, and included pictures, jokes, texts, and gestures of a sexual nature. Tellingly, only 3 out of 10 people who experienced harassment reported it to their organisation. More information on the report and its results can be found here.

So how do you know if you have an effective sexual misconduct policy that encourages reporting? Ask the following 10 questions of your organisation to begin assessing your policies and procedures!

1.     Do you have a policy at all?

·      A sexual misconduct policy should standalone from other policies governing conduct in your organisation. Definitions and terms should be clearly laid out and discipline efforts should be designed with nuance and care.

·      If your organisation doesn’t have a policy yet, we can help! Reach out to me at andrew@tridenttraining.co to get more information.

2.     Is your policy easy to understand?

·      Members of your organisation should be able to read your policy 1 time through and pick up 90% of what it’s about. A second read through should give full clarity. Sexual misconduct policies can get overly complex, spilling into 15+ pages (spoiler: this is too many!)

·      It is important to read your policy through the lens of someone who has been traumatized by an experience of sexual misconduct. The information should exist at the best intersection of the 3 C’s- clear, concise and comprehensive.

·      If your policy is getting a bit unwieldly, try to break it up into several documents (i.e., a definitions document, a process document, a resources/support document). A clear flowchart or infographic can also be a huge help!

3.     Can your policy be easily found by any member of the organisation?

·      Ask a few random people if they know where to find the sexual misconduct policy (or any policy governing conduct/behavior!). If most people can’t answer, then it’s not easy enough to find. Again, think through the lens of someone who has experienced an act of sexual misconduct- the policy should be readily accessible.

·      Ensure that during on-boarding/HR training the policy is clearly highlighted and shared directly with new members of the organisation.

4.     Is your policy fair?

·      All parties involved in a sexual misconduct case should be treated with respect and care by the organisation. Support resources should be offered to all parties involved and confidentiality should be upheld as strongly as possible.

·      A fair process moves efficiently, listens effectively to all parties, is sensitive to the different needs of each party and is consistent with outcomes and procedures (as a sidenote, consistency in outcomes is not the same as required minimum outcomes, which I would advise against).

5.     Does your policy support victims/survivors of sexual misconduct?

·      As much as possible, the responding party (person who makes a report of sexual misconduct) should be given agency in the process. The policy should allow for altered work arrangements (whether permanent or temporary), share support resources (such as information on AWARE, counseling, and medical support) and keep the reporting party’s information as confidential as possible.

·      Reporting parties should be spoken to with empathy and compassion. They should not feel they are being interrogated, coerced or pressured into making a police report, or asked to undergo any physical or medical examinations.

·      It is always important to remember that treating the reporting party with care and compassion does not necessarily mean the accused party will be found responsible. It is entirely possible for an instance of sexual misconduct to have happened, without the evidence needed for a responsible finding in an organisational process.  

6.     Do the involved parties have agency and voice in the process?

·      When possible, parties involved should have agency! For instance, does the process allow for the reporting party to identify outcomes they would want to see in the process? Do the parties get to have a say in whether or not they interact face-to-face or virtually? Are all parties allowed access to support people to be present with them during the investigation?

·      Reframe your process as something that the parties are participating in and not something that is happening to them.

7.     Is the investigation & discipline process carried out by trained staff?

·      Investigating and responding to instances of sexual misconduct requires staff that have been specifically trained in this area. Staff should know the various effects of trauma, understand unconscious bias, be able to weigh various forms of evidence, and be empathetic and caring (as a start!).

·      Sexual misconduct is a very nuanced issue and unless someone has done a lot of their own education and/or been previously trained, they may not be well-equipped to respond to it. Training on the investigation and response process is crucial. Having trained staff helps ensure a fair and smooth process as well as gives members of the organisation more confidence in the process.

·      Need help with this? Contact Trident (andrew@tridenttraining.co)!

8.     Is the policy inclusive of all identities in your organisation?

·      Sexual misconduct policies should be written with all gender identities and sexual orientations in mind. Policies should say “they” instead of “he/she”; policies should state that sexual misconduct incidents can happen to anyone and be perpetrated by anyone; the same respect and care should be given to any member of the organisation who reports.

·      Gender-restrictive policies or policies without inclusive language may inhibit people from reporting instances of sexual misconduct due to a fear that they will not be taken seriously, will be mistreated and/or may have their identity exposed to others.

9.     How confidential/private is your process?

·      Some sexual misconduct procedures require sharing the report with way too many people. This is a barrier to reporting. The number of people who need to see the report and know the names of the parties involved should be kept as minimal as possible. Ideally, the people who are informed would be (1) the investigator, (2) the initial person the report is made to (3) members of a discipline panel/board, (4) the appeals officer and (5) any senior management member who is required to be informed.

·      If member of the organisation feel that their information is not kept confidential/private, they will be less likely to make reports and will lose confidence in the process.

10.  When and how do you gather feedback?

·      In my experience, each sexual misconduct case brings up new issues, questions and nuances. Gathering feedback after a case allows organisations to continue nuancing and refining their policies and processes.

·      Using methods such as a survey or in-person conversations, gather feedback on the process itself, the competence of the investigator and staff involved, the policy, the support given, and any other information that might allow the organisation make the policy/processes even better.

·      Be sensitive to the timing of this feedback- it is ideal to wait a few weeks after the case has been complete to ask for this feedback. Gathering feedback from the parties themselves, the investigator, and the discipline board members will ensure that the feedback received is well-rounded and comprehensive.

The above is just a start! Sexual misconduct policies and procedures take time and care to properly put together; and it is worth it to invest the resources and energy into creating the most supportive and fair policies for any organisation. It can be overwhelming as well- and this is where Trident can help! We have experience writing policies, designing processes, and training staff to effectively respond to these complicated issues. Reach out at andrew@tridenttraining.co to schedule a conversation about your policy!